Unless the contrary is stated or clearly appears from the context, the definitions set forth in this section shall govern the interpretation of Section 491.2 of this Code:
(a) “Administrative action” means the proposal, drafting, development, consideration, amendment, enactment or defeat by any state agency of any rule, regulation or other action in any rate-making proceeding or any quasi-legislative proceeding, which shall include any proceeding governed by Chapter 4.5 of Division 3 of Title 2 of the Government Code (beginning with Section 11371).
(b) “Agency official” means any member, officer, employee or consultant of any state agency who as part of his official responsibilities participates in any administrative action in other than a purely clerical, secretarial or ministerial capacity.
(c) “Elected state officer” means any person who holds an elective state office or has been elected to an elective state office but has not yet taken office. A person who is appointed to fill a vacant elective state office is an elected state officer.
(d) “Elected state office” means the office of Governor, Lieutenant Governor, Attorney General, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, member of the Legislature and a member of the State Board of Equalization.
(e) “Gift” means any payment to the extent the consideration of equal or greater value is not received. Any person who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value. The term “gift” does not include informational material such as books, reports, pamphlets, calendars or periodicals. No payment for travel or reimbursement for any expenses shall be deemed “informational material.” Nothing contained in this Article should be interpreted as attempting to circumvent the provisions of Article XVI, Section 6 of the Constitution of California which prohibits making gifts of public funds.
(f) “Legislative official” means any employee or consultant of the California Legislature whose duties are not solely secretarial, clerical, or manual.
(g) “Payment” means a payment, distribution, transfer, loan, advance, deposit, gift or other rendering of money, property, services or anything else of value, whether tangible or intangible.
(h) “State” means the State of California.
(i) “State agency” means every state office, department, division, bureau, board and commission, and the Legislature, but does not include the courts or any agency in the judicial branch of government.
(j) “State candidate” means a candidate who seeks nomination or election to any elective state office.
(Amended by Ord. No. 9872 (N.S.), effective 7-19-07)
Cross reference(s) -- Definitions, § 20 et seq.
State law reference(s)--Making gifts of public funds prohibited, Constitution, Art. XVI, § 6.
(a) Notwithstanding any other provisions of this Code, unless the prior approval of or subsequent ratification by the Board has been received, no officer or employee of the County shall make gifts, either directly or indirectly, including the provision of meals or beverages, aggregating in value more than thirty-five dollars ($35) in a calendar month to any one state candidate, elected state officer, legislative official, or agency official, or act as an agent or intermediary in the making of any such gift, or arrange for the making of any such gift by any other person.
(b) The provisions of this section are not applicable to any Supervisor or other elected County officer acting in his official capacity.
(Amended by Ord. No. 7716 (N.S.), operative 3-1-90; amended by Ord. No. 9872 (N.S.), effective 7-19-07)
(a) Notwithstanding any other provisions of this Code, unless the prior approval of or the subsequent ratification by the Board has been received, no officer or employee of the County who has authority to charge expenses to the County shall charge to the County or receive as reimbursement from the County the cost of providing to any one person other than himself meals or beverages aggregating more than thirty-five dollars ($35) in a calendar month.
(b) The provisions of this section are not applicable to:
(1) Any Supervisor or other elected County officer acting in their official capacity;
(2) Expenditures made outside the State of California which are related to County activities on the Federal government level;
(3) Expenses charged to the County or reimbursements claimed from the County on account of educational, management development and other similar programs and seminars for the benefit of County personnel, on account of interviews of prospective County employees or consultants, for witnesses, dependent children or wards of the Court or other persons who are being transported at County expense in the conduct of official County business.
(4) The provision of meals or beverages to persons residing or incarcerated in County institutions, or otherwise in the custody of County officers or the Courts, or other persons for whom the County is required by law to provide sustenance.
(Amended by Ord. No. 5927 (N.S.), effective 5-8-80; amended by Ord. No. 7716 (N.S.), operative 3-1-90; amended by Ord. No. 9872 (N.S.), effective 7-19-07)
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