ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SECTION 1.11.085 (GIFT RESTRICTIONS), TO CHAPTER
1.11 (SUNSHINE PROVISIONS) OF TITLE 1
(ADMINISTRATION) OF THE ANAHEIM MUNICIPAL
CODE
WHEREAS, the City Council desires to maintain integrity in city government by further restricting the influence of gifts accepted by city officials and their immediate family from certain sources as defined in the Political Reform Act and its regulations; WHEREAS, the current gift limit that exists in the Political Reform Act and its regulations, and which is adjusted every odd numbered year based on changes in the Consumer Price Index, and that is currently $590 per year from a single source, is not sufficiently low enough to avoid the appearance of undue influence on a City official from certain sources that may have the most influence upon a City official; WHEREAS, the City Council desires to lower the current gift limits set forth in the Political Reform Act and its regulations from certain sources to a level where the appearance of influence can significantly be reduced;
WHEREAS, the City Council is creating more restrictive gift limits than the State with regard to gifts from certain sources, but desires at this time to maintain all other gift restrictions, exceptions, reporting requirements and disqualification rules under a financial conflict of interest imposed upon City officials by the Political Reform Act and its associated regulations;
WHEREAS, the City Council desires for elected officials, appointed Board members, and other City officials designated to file a statement of economic interest to conduct their public duties without the impetus to accept gifts from certain sources that exceed a de minimis level;
WHEREAS, the City Council desires restricted sources to not make gifts to elected officials, appointed Board members, and other city officials designated to file a statement of economic interest that exceeds a de minimis level.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS:
Section 1:
Section 1.11.085 to Title 1, Chapter 1.11 of the Anaheim Municipal Code is hereby added and shall read in full as follows:
1.11.085 GIFT RESTRICTIONS.
1.11.085.010 Definitions.
“Agent” means any person representing, lobbying, influencing or advocating for a restricted source that does not otherwise qualify as a lobbyist or lobbying firm. “City official” means a city council member, whether elected or appointed, a board or commission member, employee, or consultant who, because of the individual’s service to the city, is required to file a statement of economic interests pursuant to the Political Reform Act.
“Gift” means how the Political Reform Act and its regulations define it, including applicability to an immediate family member, and any exceptions thereof. “Person” shall mean an individual, including an agent, or any entity, including a business or other organization.
“Restricted source” means i.) a person who files as a lobbyist with the city, or is required to file as such, pursuant to Section 1.11.070 of the Municipal Code’s Sunshine Provisions, ii.) a person who is seeking or has sought a contract with the city in the past twelve (12) months or has entered and performs under a contract and until twelve (12) months after the contract has ended, iii.) a person who currently is, or in the prior twelve (12) months, was attempting to lobby, influence or advocate the city in any matter that would have a financial effect on the person, and for twelve (12) months after this activity, and iv.) a person who currently is, or in the prior twelve (12) months, was a party to an application or recipient of a license, permit, or other entitlement for use before the city and for twelve (12) months thereafter.
1.11.085.020 Prohibitions.
1. In addition to the gift restrictions, exceptions and reporting requirements, including applicability to an immediate family member, imposed upon city officials by the Political Reform Act, its regulations, and the City of Anaheim, no city official shall: i.) solicit a gift from a restricted source; ii.) accept in a calendar year a gift that has a fair market value of more than fifty dollars ($50) from a restricted source; and iii.) accept a gift when the identity of the donor is not known in order to determine whether it is a restricted source or not; and iv.) a city official shall make a reasonable effort to determine whether a person is a restricted source, if it is not otherwise apparent.
2. No restricted source shall knowingly or intentionally make or use an intermediary in the making of a gift to any city official in violation of the prohibition in Section
1.11.085.020. A restricted source shall make a reasonable effort to inform a city official if they are a restricted source.
1.11.085.030 Violations and enforcement.
A violation of the prohibitions in Section 1.11.085.020 may be remedied or enforced as follows: i.) cured within 30 days of the acceptance of a gift from a restricted source by returning the gift, reimbursing the gift value in full or to the extent required to reduce the gift below the limit established in Section 1.11.085.020, or donating it to charity, pursuant to the rules and regulations established by the Political Reform Act and its regulations, ii.) if a violation is not cured in the allowable time set forth in Section
1.11.085.030, or a gift was accepted knowingly or intentionally from a restricted source, then a city official may be subject to personnel discipline, censure, admonishment, termination of employment, or an infraction, and iii.) if a violation is not cured in the allowable time set forth in Section 1.11.085.030, or a gift was made knowingly or intentionally to a city official, then a restricted source may be subject to an infraction.
Section 2:
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
Section 3:
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
Section 4:
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ________________________, 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of _________________________, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM