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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER III.
CONFLICT OF INTEREST

Sec. A3-30. Personal conflicts.

(a) No Board member shall participate in a governmental decision in which he or she has a close personal interest which would tend to impair the exercise of independent judgment in the public interest. Personal, as distinguished from financial, interests shall include interests arising from blood or marriage relationships or very close personal associations which would constitute a conflict of interest under the common law.

(b) The purpose of this section is to disqualify Board members from participating in decisions in which there would be a conflict of interest under the common law.

(Ord. No. NS-19.30.4, § 1, 9-23-97)

Sec. A3-31. Financial conflicts. (Restatement of existing state law)

(a) All aspects of conflict of interest provisions of the Political Reform Act of 1974 as amended, including disclosure, disqualification standards, limitations on gifts, and enforcement are applicable to Board members. The following provisions are intended to summarize provisions of the Act; and care must be taken to consult the extensive body of general California law which governs financial conflicts.

(b) Existing general California law, the Political Reform Act of 1974, prohibits Board members from making, participating in making, or attempting in any way to use an official position to influence a governmental decision in which the member knows or has reason to know he or she has a financial interest.

(c) The Political Reform Act disqualifies an official from participating in a governmental decision which affects the economic interest of a Board member generally as set forth below.

(1) The decision affects the member's personal financial status, or that of his or her spouse or dependent children.

(2) The decision affects a business entity located in, doing business in, owning real property in, or planning to do business in the County, in which the member, or his or her spouse or dependent child has an investment of $1,000.00 or more.

(3) The decision affects real estate (real property) located in the County and the member, or his or her spouse or dependent child has an interest of $1,000.00 or more in that real estate.

(4) The decision affects a person, business entity, or nonprofit entity from whom the member has received gifts of $250.00 or more in the past 12 months.

(5) The decision affects a business entity, other than a nonprofit organization, in which the member is a director, officer, partner, trustee, employee or holds a position of management.

(6) The decision affects a person, business entity, or nonprofit entity located in, doing business in, owning real property in, or planning to do business in the County, from which the member has received income of $250.00 or more, or the member's spouse has received income of $500.00 or more, in the past 12 months.

(Ord. No. NS-19.30.4, § 1, 9-23-97)

Sec. A3-32. Special rules for interests in contracts. (Restatement of existing state law)

(a) Existing general California law, Government Code § 1090 et seq., prohibits a Board member from having a financial interest in any business transaction, or contract with the County, or in the sale of real estate, materials, supplies or services to the County, except as permitted by Government Code § 1091 et seq. Such contracts are void under state law, and may result in a forfeiture of the financial benefits of the contract.

(Ord. No. NS-19.30.4, § 1, 9-23-97)

Sec. A3-33. Prohibition against acceptance of discounted travel. (Restatement of existing state law)

(a) The California Constitution, Article XII, Section 7 states: Sec. 7. "A transportation company may not grant free passes or discounts to anyone holding an office in this state; and the acceptance of a pass or discount by a public officer shall work a forfeiture of that office "

(b) The phrase "transportation company" as used in the Constitutional prohibition includes a public utility regulated by the Public Utilities Commission. It may also include a transportation company subject to regulation by a federal agency.

(c) The Attorney General concluded in a 1984 opinion that the Constitutional provision does not prohibit a member from accepting a free or discounted travel pass when such passes are offered on the same conditions to a segment of the public. (67 Ops. Cal. Atty. Gen. 81.)

(Ord. No. NS-19.30.4, § 1, 9-23-97)

Secs. A3-34--A3-39. Reserved.

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