Ethics, campaign finance and whistle-blowing
Violations of Yorba Linda’s proposed ethics ordinance would be prosecuted as misdemeanors, and the state Attorney General might handle specific individual infractions, according to recent City Council discussion of the law’s likely provisions.
The council is scheduled to act on the final draft of the ordinance at an upcoming meeting, possibly Oct. 20, Mayor Mark Schwing noted. Schwing, John Anderson and Nancy Rikel are expected to provide the three votes needed to implement the new law.
City Attorney Sonia Carvalho would handle reported violations of an adopted ordinance as misdemeanors, unless the suspected breaches involve her council member employers.
Alleged infractions by council members would be turned over to the District Attorney, a special prosecutor or the state Attorney General, with the latter two more likely because Anderson’s position as an assistant DA could create a conflict of interest.
The ordinance would apply to elected and appointed city officials, including the city’s 20 council-appointed commissioners, and include matters related to campaign contributions, endorsements from city employees and commissioners and guidelines for city officials.
Other draft provisions address protection for “whistleblowers,” required ethics training, banning closed-door council and commission committee meetings, audio taping closed-door council sessions and prohibiting misuse of city resources and staff in elections.
A major change from present practice would outlaw soliciting campaign contributions from an individual or firm “under current contract to do business with the city or [that] desires to contract to do business with the city….”
Included would be labor associations of contracted entities, such as the Orange County Professional Firefighters Association, the union representing 790 firefighters employed by the county Fire Authority, which contracts with Yorba Linda and 21 other cities.
Another key change from current custom would prohibit council members from taking $250 or more in donations or loans from recipients of a permit or decision during a 12-month period after approval.
And members would be disqualified from acting on any permit or decision involving a person who contributed $250 or more during a 12-month period preceding the decision.
Also banned would be soliciting endorsements from city employees and commissioners.
The ordinance also would require council to adopt a “Code of Conduct for Elected and Appointed Officials” to describe how council members and commissioners should treat each other, city staff, constituents and others when representing the city.
And the ordinance would require council to adopt a separate “whistleblower” ordinance to protect employees reporting improper governmental actions.
The council is scheduled to act on the final draft of the ordinance at an upcoming meeting, possibly Oct. 20, Mayor Mark Schwing noted. Schwing, John Anderson and Nancy Rikel are expected to provide the three votes needed to implement the new law.
City Attorney Sonia Carvalho would handle reported violations of an adopted ordinance as misdemeanors, unless the suspected breaches involve her council member employers.
Alleged infractions by council members would be turned over to the District Attorney, a special prosecutor or the state Attorney General, with the latter two more likely because Anderson’s position as an assistant DA could create a conflict of interest.
The ordinance would apply to elected and appointed city officials, including the city’s 20 council-appointed commissioners, and include matters related to campaign contributions, endorsements from city employees and commissioners and guidelines for city officials.
Other draft provisions address protection for “whistleblowers,” required ethics training, banning closed-door council and commission committee meetings, audio taping closed-door council sessions and prohibiting misuse of city resources and staff in elections.
A major change from present practice would outlaw soliciting campaign contributions from an individual or firm “under current contract to do business with the city or [that] desires to contract to do business with the city….”
Included would be labor associations of contracted entities, such as the Orange County Professional Firefighters Association, the union representing 790 firefighters employed by the county Fire Authority, which contracts with Yorba Linda and 21 other cities.
Another key change from current custom would prohibit council members from taking $250 or more in donations or loans from recipients of a permit or decision during a 12-month period after approval.
And members would be disqualified from acting on any permit or decision involving a person who contributed $250 or more during a 12-month period preceding the decision.
Also banned would be soliciting endorsements from city employees and commissioners.
The ordinance also would require council to adopt a “Code of Conduct for Elected and Appointed Officials” to describe how council members and commissioners should treat each other, city staff, constituents and others when representing the city.
And the ordinance would require council to adopt a separate “whistleblower” ordinance to protect employees reporting improper governmental actions.
posted by Jim Drummond at 12:00 PM
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