LAGUNA NIGUEL : Community Asked to Weigh Gift Policy

A proposed ordinance that would strictly limit the gifts city officials can receive is being circulated among the city’s business groups and nonprofit organizations for comment.

The City Council decided Tuesday to give the community two months to review the proposed ordinance at the request of the Laguna Niguel Chamber of Commerce. Chamber Vice President Mike Retz questioned what impact the ordinance would have on city officials’ ability to participate in events sponsored by the chamber or other community groups.

“My first impression is, if it ain’t broke, don’t fix it. . . . I would like you to reject the ordinance and get on with business,” Retz said.

Retz and City Council members said they are concerned that the ordinance, proposed by a council-appointed committee, may be so broadly written it would hamper city officials from participating in events sponsored by nonprofit groups and organizations.

“Public officials are elected to be supportive of business and charitable organizations,” said Councilman Mark Goodman.

The council directed city employees to circulate the proposed ordinance for comment and return with a report at the Jan. 4 council meeting.

As now written, the ordinance would prohibit city officials from taking gifts valued at more than $50 from people doing business with the city. Gifts of $25 or more would have to be reported within 10 working days.

The proposed rules would pertain to City Council members, most city employees and members of the Planning Commission and other permanent commissions, committees and boards.

But it was the term “doing business with the city” that some questioned.

Councilwoman Patricia C. Bates suggested the definition be made more precise, putting limits on gifts from people who have a financial interest in a matter being considered by the city.

Current rules mandated by the state Political Reform Act and the city’s conflict of interest code prohibit city officials from participating in matters in which a person who has given them $250 or more in gifts has a financial interest.

Under the committee’s proposed ordinance, any city official violating the restrictions would be guilty of a misdemeanor.

City employees who violate the provisions would also be subject to discipline and possible firing, and elected and appointed officials would be subject to removal from office.

The city has had no instances of officials being questioned on their receipt of gifts. The council earlier this year suggested a stricter policy be considered after county officials were accused of excessive gift taking.