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

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CHAPTER IV.
INCOMPATIBLE ACTIVITIES

Sec. A3-40. Incompatible office. (Restatement of existing state law)

Under existing California common law, no Board member may hold another public office where the two offices are incompatible. Taking an incompatible second public office results in the automatic forfeiture of the first office. (66 Ops. Cal. Atty. Gen 176 (1983))

(Ord. No. NS-19.30.4, § 1, 9-23-97)

Sec. A3-41. Incompatible activities for compensation.

(a) A Board member shall not participate in outside employment or render services for compensation when to do so would substantially interfere with the member's ability to carry out official duties or exercise independent judgment on behalf of the public interest.

(b) A Board member shall not be engaged in outside employment or render services for compensation where the amount of time expended in such engagement exceeds an average of one day per week.

(c) A Board member shall not be engaged in outside employment or provide services for compensation where any part of the Board member's effort will be subject to approval by the Board of Supervisors or any other County board, officer or employee.

(Ord. No. NS-19.30.4, § 1, 9-23-97)

Sec. A3-42. Incompatible uncompensated activities.

(a) Board members may participate in outside activities for which they are not compensated, but are discouraged from participating in such non-compensated activities which:

(1) Involve a substantial commitment of time that interferes with the Board member's ability to timely discharge his or her official duties; or

(2) Involve matters which come regularly before the Board and would create a substantial conflict between the private interests and the exercise of Board authority in the public interest.

(b) A Board member may disqualify himself or herself in matters coming before the Board where the Board member concludes that participation would create the appearance of a conflict of interest.

(Ord. No. NS-19.30.4, § 1, 9-23-97)

Secs. A3-43--A3-49. Reserved.

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