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HomeMy WebLinkAboutOrd 15-24 Item 8.1 Adopting the Dublin Government Accountability Act (Measure JJ).pdfOrd. No. 15-24, Item 8.1, Adopted 12/17/2024 Page 1 of 3 ORDINANCE NO. 15 – 24 AN ORDINANCE OF THE CITY OF DUBLIN ADOPTING THE DUBLIN GOVERNMENT ACCOUNTABILITY ACT The People of the City of Dublin do ordain as follows: Section 1. Chapter 2.50 is added to Title 2 of the Dublin Municipal Code to read as follows: “Chapter 2.50 PROHIBITION ON ACCEPTANCE OF GIFTS FROM AND SERVICE ON CITY COMMISSIONS BY CITY CONTRACTORS AND LOBBYISTS Section 2.50.010 Prohibition on Acceptance of Gifts. No elected City official or member of a City commission may receive any gift from a City contractor or lobbyist. No person may make, and no elected City official or member of a City commission accept, any gift with the intent to influence an elected City official or members of a City commission in the performance of any official act. No elected City official or members of a City commission may accept or receive any gift from anyone other than the City for the performance of a specific service or act that the elected City official or members of a City commission is expected to render in the regular course of his or her City duties, or for advice about City processes. Section 2.50.020 Prohibition from Serving on Commissions. Lobbyists are not eligible for membership on commissions created by the City Council. A commissioner shall be deemed to have forfeited his or her office upon becoming a lobbyist. Section 2.50.030 Definitions. For purposes of this Chapter, “City contractor” is any person or entity that contracts or is seeking to contract with the City. “Elected City official” shall mean the Mayor or a member of the City Council. “Gift” is any payment or other benefit that confers a personal benefit for which an elected City official or a member of a City commission does not provide payment or services of equal or greater value. A gift includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public. An elected City official or a member of a City commission has received or accepted Docusign Envelope ID: 8F24EA44-7D39-488E-BD86-4134517240CA Ord. No. 15-24, Item 8.1, Adopted 12/17/2024 Page 2 of 3 a gift when he or she has actual possession of the gift or when he or she takes any action exercising direction or control over the gift, including discarding the gift or turning it over to another person. This includes gifts that are accepted by someone else on the official’s behalf and gifts made to others at the direction of the official. A “gift” does not include items that are returned (unused) to the donor, for which the official reimburses the donor within 30 days of receipt, or that are donated unused to a non-profit, tax- exempt (501(c)(3)) organization in which the official or immediate family member does not hold a position, or to a government agency within 30 days of receipt without claiming a deduction for tax purposes. “Lobbyist” is any person who during the prior 12 months knowingly attempted to influence an elected City official or members of a City commission in any legislative or administrative action. A “member of a City commission” is a commissioner of the Planning Commission, the Human Services Commission, the Parks and Community Services Commission, the Heritage and Cultural Arts Commission, and any other Commission that is created by the City Council of the City of Dublin.” Section 2. Chapter 2.52 is added to Title 2 of the Dublin Municipal Code to read as follows: “Chapter 2.52 TRANSPARENCY IN PUBLIC CONTRACTS AND FINANCIAL REPORTING 2.52.010 Posting of City Contracts on City Website for Public Review All agreements requiring City Council approval must be posted on the City’s website and be made available to the public prior to City Council action unless the City Attorney determines that to do so would not be in the City’s interest. 2.52.020 Posting of Monthly Financial Statements on City Website. To help ensure transparency, the City shall timely post on its website monthly financial reporting including budget to actual results for revenues and expenditures for major funds within the City’s annual budget.” Section 4. Section 2.08.050 of the Dublin Municipal Code, entitled Term Limits, is amended to read as follows: “2.08.050 Term limits. No person shall serve consecutive terms as Councilmember, Mayor, or any combination of Councilmember or Mayor that would exceed 12 years. For the exclusive purpose of measuring duration under this provision and for no other purpose, the terms of Mayor and Councilmembers shall be deemed to start and end on December 1 following the general municipal election at which such office, as the case may be, is regularly filled. Notwithstanding the foregoing, any partial term served by a Councilmember or Mayor shall not be considered a consecutive term if it commenced on or after the first (with respect to the Mayor) or second (with respect to a Councilmember) anniversary of the date on which Docusign Envelope ID: 8F24EA44-7D39-488E-BD86-4134517240CA Ord. No. 15-24, Item 8.1, Adopted 12/17/2024 Page 3 of 3 the former incumbent’s term commenced, and in such cases the initial consecutive term shall be deemed to have commenced under this Section when the Councilmember or Mayor commences his or her subsequent term. Mayors and Councilmembers who were in office on the effective date of this subdivision may serve only the number of terms allowed at the time of the last election before this provision was enacted.” Section 6. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The voters of the City of Dublin hereby declares that they would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Section 7. Effective Date. This Ordinance shall be considered as adopted upon the date that the vote is declared by the City Council and shall go into effect ten days after that date as provided in Elections Code Section 9217. Section 8. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. APPROVED by the following vote of the people on November 5, 2024: CITY OF DUBLIN MEASURE JJ: Yes Votes = 19,350 No Votes = 6,095 ADOPTED by Declaration of the vote by the City Council of the City of Dublin on December 17, 2024. EFFECTIVE on December 27, 2024. ______________________________ Mayor ATTEST: _________________________________ City Clerk Docusign Envelope ID: 8F24EA44-7D39-488E-BD86-4134517240CA