§ 2.25.040. Conflicts of interests and personal gain.

A.

Financial Conflicts of Interests. A Public Servant shall not make, participate in making, or seek to influence a decision of the City in which the Public Servant has a financial interest within the meaning of the California Political Reform Act, Government Code Section 87100 et seq. and pursuant to City Charter Section 1200. All provisions of California Government Code Section 87100 - 87505 and City Charter Section 1200, as they relate to Public Servants, are incorporated by reference into this Act.

B.

Statement of Economic Interests (Form 700) Disclosure. The Mayor, City Council Members, City Administrator, City Attorney, City Auditor, any City board or commission member, any candidate for City Office, and any employee or consultant designated in the City Conflict of Interest Code shall file statements of economic interests and shall disclose all required information pursuant to the California Political Reform Act and the City Conflict of Interest Code.

C.

Conflicts of Interests in Contracting. A Public Servant shall not make or participate in making a contract in which he or she has a financial interest within the meaning of California Government Code Sections 1090 - 1097. All provisions of California Government Code Section 1090 - 1097, as the Sections relate to Public Servants, are incorporated by reference into this Act.

D.

Confidential Information. A Public Servant shall not willfully and knowingly disclose for pecuniary gain, personal advantage or private interest, to any other person, confidential information acquired by him or her in the course of his or her official duties.

E.

Incompatible Public Offices. A Public Servant, including but not limited to, an appointed or elected member of a governmental board, commission, committee, or other body, shall not simultaneously hold two (2) public offices that are incompatible, as prohibited by California Government Code Section 1099.

1.

Offices are incompatible when any of the following circumstances are present, unless simultaneous holding of the particular offices is compelled or expressly authorized by law:

a.

Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body or over a multimember body that includes that other office.

b.

Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties or loyalties between the offices.

c.

Public policy considerations make it improper for one (1) person to hold both offices.

2.

When two (2) public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second.

3.

This Subsection (E) does not apply to a position of employment, including a civil servant position.

4.

This Subsection (E) shall not apply to a governmental body that has only advisory powers.

F.

Conflict in Office. As prohibited by City Charter Section 1202, the Mayor and members of the Council shall not hold any other municipal office or any other office or employment to receive compensation from the City; or be appointed or elected to any office created by the Council while he or she is a member thereof, until at least one (1) year shall have expired after the expiration of the term for which he or she was elected.

G.

Influencing Prospective Employment. A Public Servant shall not make, participate in making, or otherwise seek to influence a governmental decision affecting a person or entity with whom the Public Servant is discussing or negotiating or has entered into an agreement concerning future employment.

(Ord. No. 13278, § 1, 12-8-2014)