Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE BY ADDING A NEW SECTION 2 -112
CONCERNING THE PROHIBITION AGAINST AWARDING
OF AGREEMENTS, CONTRACTS OR GRANTS TO ANY
IMMEDIATE FAMILY MEMBER OF THE MAYOR, CITY
COUNCIL MEMBERS, OR CITY OFFICIALS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 2 of the Santa Ana Municipal Code is hereby amended by adding a new section, Section 2-112 to read as follows:
“Sec. 2-112. – Prohibition Against Awarding Agreements, Contracts or Grants to Immediate Family Members of Mayor, Council Members, or City Officials
A. The City, and any person authorized to act on behalf of the City, is prohibited from awarding any agreement, contract, grant, or any amendment(s) to said awards, for the purpose or receipt of any financial benefit or interest, to: (1) an immediate family member of the Mayor, Council Member, or City officials, including appointed board and commission members, as defined under Article IV – Officers, Departments, Boards, and Commissions (Sec. 2 -300 to 2 -699) or (2) any former full -time employee for one year from the date of the employee’s separation from the City, except for any CalPERS retiree for which the C ity Council adopts the required resolution.
B. For purposes of this section 2 -112, the term immediate family member shall include, but is not limited to, spouse, domestic partner, romantic cohabitant, child, stepchild, grandchild, step grandchild, parent, stepparent, mother -in- law, father- in-law, son-in-law, daughter-in-law, grandparent, great grandparent, brother, sister, half-brother, half-sister, stepsibling, brother-in-law, and sister-in-law.
C. For purposes of this section 2-112, the term financial benefit or interest shall include any direct or indirect financial interest in the specific contract, agreement, or grant, including any commissions, fees, share of the proceeds, prospect of a promotion or future employment, a profit, or any other form of financial award.
D. The City shall incorporate into all agreements, contracts, or grants, a non - collusion provision reflecting the prohibitions detailed in Section 2-112 herein, including the requirement that any awarded Vendor, Contractor, Entity, or Grantee shall also comply with Section 2-112, and such compliance shall also involve the awarding of any subcontract for the purchase of goods or services with any funds Ordinance No. NS-XXX
stemming from the contract, agreement, or grant.”
Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this day of , 2025.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: ____________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
ABSENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXXXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2025.
Date: _________________ _______________________ Jennifer L. Hall
City Clerk
City of Santa Ana