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[RATIFIED] Conflict of Interest Ordinance of 2018

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Conflict of Interest Ordinance of 2018

Passed by the Los Santos County Government of the State of San Andreas Twenty Fifth of July, Two Thousand and Eighteen.

 

 


 

Chapter 1 - Foreword

Sec. 101—Definitions

(a)  For the purposes of this ordinance and all references to this ordinance, "Council” shall refer to the Council of Supervisors.

 

(b) For the purposes of this ordinance and all references to this ordinance, "Private Interests” shall refer to any financial, social, family, political, or otherwise non-secular agendas which would otherwise compromise the judgement of a public official.

 

 

(c) For the purposes of this ordinance and all references to this ordinance, “Member of the Council of Supervisors” shall refer to any person elected or appointed to the Council by the public, or otherwise by the County Commissioner.

 

 

(d) For the purposes of this ordinance, and all references to this ordinance, “Public Official” shall refer to any person employed, appointed, or otherwise serving an official duty within the County Government or one of its agencies.

 

 

(e) For the purposes of this ordinance, and all references to this ordinance, “Relative” shall refer to any person who is connected by blood or marriage to a member of the County Government.

 

 

(f) For the purposes of this ordinance, and all references to this ordinance, “Friend” shall refer to any person who maintains routine social ties to a member of the County Government, specifically in context of fraternization outside of professional encounters.

 

 

 

 

Sec. 102—Short Title and Table of Contents

(a) This ordinance may be cited as the "COIO" or the "Conflict of Interest Ordinance".

 

Chapter 1 - Foreword

Sec. 101 - Definitions

Sec. 102 - Short Title and Table of Contents

 

Chapter 2 - Purpose

Sec. 201 - Ordinance Purpose

 

Chapter 3 - General Provisions

Sec. 301 - List of Provisions

 

Chapter 4 - Penalties

Sec. 401 - Penalties

 

Chapter 5 - Exceptions

Sec. 501 - Exceptions

 


Chapter 2 - Purpose

Sec. 201— Ordinance Purpose

The purpose of this Ordinance is to;

 

(a) establish clear conflict of interest and post-employment rules for public office holders;

 

 

(b) minimize the possibility of conflicts arising between the private interests and public duties of public office holders and provide for the resolution of those conflicts in the public interest should they arise;

 

 

(c) provide the County Commissioner and Council of Supervisors with the mandate to determine the measures necessary to avoid conflicts of interest and to determine whether a contravention of this Ordinance has occurred;

 

 

(d) encourage experienced and competent persons to seek and accept public office; and

 

 

(e) facilitate interchange between the private and public sector.

 

 

 


 

Chapter 3 - General Provisions

Sec. 301—List of Provisions

(a) For the purposes of this Ordinance, a public official is in a conflict of interest when he or she exercises an official power, duty or function that provides an opportunity to further his or her private interests or those of his or her relatives or friends or to inflict damages upon another person’s private interests.

 

(b) No member of Council of Supervisors shall, in his or her capacity, vote on a question, or action of governance that may directly impact their office, or his or her scope of power, or any private interests, outside of their position on Council. Any member of the Council of Supervisors may recuse themselves without penalty or stated reason at any time.

 

(1) The County Commissioner, may at any time, recuse a member of the Council of Supervisors, if it is reasonably determined that said member may in anyway benefit from a debate or vote made by the Council.

 

 

(c) No public official holder shall, in the exercise of an official power, duty or function, give preferential treatment to any person or organization which may in any way further his or her private interests.

 

 

(d) No public official or member of his or her family shall accept any gift or other advantage that might reasonably be seen to have been given to influence the public official in the exercise of an official power, duty or function.

 

 

(e) No public official shall be a party in a contract with the County Government, whereby he or she receives a benefit, or futhers his or her private interests.

 

 


 

Chapter 4—Penalties

 

Sec. 401—Penalties.

(a) Any member of the Council of Supervisors or County Government found to knowingly being found in subversion or having attempted to subvert this ordinance, may forfeit their position or be terminated at the discretion of the County Commissioner and may face criminal prosecution through the District Attorney’s Office.

 

 


Chapter 5—Exceptions

 

Sec. 501—Exceptions

(a) Any member of the Council of Supervisors or County Government who previously maintained a contract with the County Government prior to entering into office or employment, may continue to maintain said contracts, making them known to the County Commissioner and Deputy County Commissioner, who shall determine if any course of action shall be taken.

 

(b) All members of the Council of Supervisors may vote on matters or questions of budget, regardless of their affiliation with a department or branch of government that may be impacted by said action. 

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