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(a) Interest in appointments. The canvassing of members of the Council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service, shall disqualify the candidate for appointment except with reference to positions filled by appointment by the Council.
(b) Use of public property. No official or employee shall request or permit the use of City-owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business.
(c) Obligations to citizens. No official or employee shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen.
(§ 1, Ord. 868-NS, eff. September 18, 1984)
With regards to conflicts of financial interests, the following shall be deemed the “Conflict of Interest Code” of the City of Thousand Oaks as required by Government Code Section 87300 et seq.:
(a) Incorporation of state statutes and regulations. The definitions and disclosure requirements contained in the Political Reform Act of 1974 (Government Code Section 81000 et seq.), and in the regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Section 18730, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this section.
(b) Designated persons. The City Council shall adopt and periodically review a resolution designating City employees, boardmembers, commissioners, committee members, officers and City consultants (herein designated persons), who must file conflict of financial interest statements. In that resolution designating persons required to file, the City Council shall set forth the corresponding disclosure categories for such persons. By said resolution the City Council has determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on said person’s financial interests. All persons holding positions listed in this resolution shall file conflict of interest statements consistent with the disclosure categories and this section.
For purposes of this chapter the term “designated employee” as used in Government Code Section 81000 et seq. and 2 Cal. Code of Regs. Section 18730, et seq. shall be included within the definition of designated persons as used herein.
(c) Disclosure categories. Being listed as a city designated person under this section does not establish any additional disclosure obligation for those persons who are also specified in Government Code Section 87200 (City Councilmembers, Planning Commissioners, City Manager, City Attorney, City Treasurer and candidates for City Council) and, as a result, obligated to file under state law.
This section does not establish any additional disclosure obligation for any designated person who is designated in a conflict of interest code for another agency, if all of the following apply:
(1) The geographical jurisdiction of the City is the same as or is wholly included within the jurisdiction of the other agency;
(2) The disclosure category assigned in the code of the other agency is the same as the City’s; and
(3) The filing officer is the same for both agencies.
Designated persons who are required to file statements of economic interests under any other agency’s conflict of interest code may expand their statement to cover all reportable interests required for both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated person as if it were an original.
(d) Statements of economic interests. Place of filing. Designated persons shall file their statements of economic interests with the City Clerk who is deemed the filing officer for purposes of this section.
(e) Manner of disqualification. When a designated person determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency’s official record; in the case of the City Manager or City Attorney this determination and disclosure shall be made in writing to the City Council; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor.
(f) Assistance of the commission and counsel. Any designated person who is unsure of his or her duties under this Code may request assistance from the City Attorney or the Fair Political Practices Commission pursuant to Government Code Section 83114, provided that nothing in this section requires the City Attorney to issue any formal or informal opinion.
(g) Violations. Designated persons violating any provision of this section are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 through 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this section, or of Government Code Section 87100 or 87450, has occurred may be set aside by the Superior Court as void pursuant to Government Code Section 91003.
(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 1, Ord. 911-NS, eff. March 4, 1986, § 1, Ord. 1226-NS, eff. January 3, 1995, § 1, Ord. 1329-NS, eff. January 7, 1999, and Ord. 1601-NS, eff. January 16, 2014)
No appointive official or employee shall orally, by letter or otherwise solicit or participate in soliciting any assessment, subscription or contribution to any political party during working hours on the premises of any governmental property owned by the City and shall at all times conform to the provisions of Sections 3202 and 3203 of the Government Code of the State.
No official or employee, whether elected or appointed, shall promise any appointment to any position with the City as a reward for any political activity.
(§ 1, Ord. 929-NS, eff. September 2, 1984)
When a Councilmember or other official or employee has doubt as to the applicability of a provision of this chapter to a particular situation, he/she should apply to the Council for an advisory opinion and be guided by that opinion when given. The Councilmember or other officials or employees shall have the opportunity to present their interpretations of the facts at issue and of the applicable provisions of this chapter before such advisory decision is made. The provisions of this chapter shall be operative in all instances covered by such provisions, except when superseded by applicable statutory provisions or when the application of a statutory provision is discretionary but determined to be more appropriate or desirable.
(§ 1, Ord. 868-NS, eff. September 18, 1984)
No official or employee shall encourage, make or accept any ex parte or other unilateral application or communication that excludes the interests of other parties in a matter under consideration when such application or communication is designed to influence the official decision or conduct of the official or other officials, employees or agencies in order to obtain a more favored treatment or special consideration to advance the personal or private interests of him/herself or others. The purpose of this provision is to guarantee that all interested parties to any matter shall have equal opportunity to express and represent their interests.
Any written ex parte communication received by an official or employee in matters where all interested parties should have an equal opportunity for a hearing shall be made a part of the record by the recipient.
Any oral ex parte communication received under such conditions should be written down in substance by the recipient and also be made a part of the record.
A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication.
(§ 1, Ord. 868-NS, eff. September 18, 1984)
Public officials and employees, whether appointed or elected, full time or part time, paid or unpaid, should conduct their official and private affairs so as not to give a reasonable basis for the impression that any such official or employee can be improperly influenced in the performance of his/her public duties. Such officials or employees should so conduct themselves as to maintain public confidence in their performance of the public trust in the government they represent. They should not be a source of embarrassment to that government and should avoid even the appearance of conflict between their public duties and private interests.
(§ 1, Ord. 868-NS, eff. September 18, 1984)
No person shall be appointed to, removed from, or in any way favored or discriminated against with respect to any appointive administrative office because of such person's race, color, age, religion, sex, national origin, political opinions, affiliations, or functional limitation as defined by applicable State or federal laws, if otherwise qualified for the position or office. This provision shall not be construed to impair administrative discretion in determining the requirements of a position or in a job assignment of a person holding such a position, subject to review by the Council.
(§ 1, Ord. 868-NS, eff. September 18, 1984)
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