01221990 Regular Meeting - Laserfiche WebLink

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PROPOSED REVISIONS TO CITY CHARTER SEC.12.02(a) AND (c)(ll CONFLICT OF INTEREST Section 12.02(a) NOW READS: (a) No officer or employee of the city shall have a financial interest, direct or indirect, in any contract with the city, nor shall be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or service. Any violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, express or implied, of the person or corporation contractin~ with the city shall render the contract voidable by the city manager or the city council. REVISE TO READ: (a) All elected and appointed officers of the city shall comply with applicable requirements of State law pertaining to conflicts of interest of local government officials. A person is ineligible for election or appointment to a position as an officer of the city if the person owns ten percent (10%) or 55,000 or more of the fair market value of a business entity, the gross income of which during the previous calendar year consisted of ten percent (10%) or $5,000 or more of business with the city. Any person holding a city office who acquires such an interest in such a business shall forfeit the office held. Any violation of these provisions consisting of service as an officer hv a person who is ineligible shall render voidable any contract thereafter entered into between the city and the business entity. Every person holding a city office shall file an affidavit with the city secretary not later than December 31st of each year certifying the person's eligibility to hold office under the terms of this subsection. No employee of the city shall have a financial interest, direct or indirect, in any contract with the city, or in the sale to the city of any land, materials, supply or service, outside of the person's employment with the city. Any person having such an interest shall be ineligible for appointment as an employee of the city, and any city employee who acCTuires such an interest shall forfeit the employment. Anv violation of this provision with the actual or constructive knowledge of the employee shall render the contract voidable by the city manager or the city council. Revise Section 12.02(c)(l) as follows (additions undBrlined¡ deletions [bracke ted] : (1) The e[E]thics review commission[s] shall meet at least once a year- to review the code of ethics of the City of San Marcos and make recommendations, if any, to the city council.