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 Modesto
 Code of Ordinances
 Title 2. ADMINISTRATION
 Chapter 8. CAMPAIGN REFORM

§ 2-8.01. Decision-Making Prohibition.  

Latest version.

  • (a)

    No member of the Council of the City of Modesto, shall make, participate in making or in any way attempt to use his/her official position to influence a governmental decision in which he/she knows or has reason to know he/she has a financial interest. Whenever used in this chapter, the words "member of the Council" shall include the Mayor.

    (b)

    A member of the Council has a financial interest in a decision within the meaning of subsection (a) of this section if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effects on the public generally, on a major campaign contributor to that member.

    (c)

    A major campaign contributor to a member of the Council, within the meaning of subsection (b) of this section, is a person or entity that has contributed three thousand dollars ($3,000.00) or more in the aggregate over the past forty-eight (48) months to that member of the Council or to a spouse, immediate family member and/or to a campaign committee controlled by that member. Contributions include moneys, loans, debts incurred, property-in-kind, or things having a monetary value incurred or received by a candidate or his/her agent or other person on behalf of the candidate for use in advocating the election of the candidate but does not include contributions received by a Councilmember in connection with the Councilmember's candidacy for any elective office other than Councilmember or Mayor.

    (d)

    In the case of contributions of three thousand dollars ($3,000.00) or more that are made to a committee not controlled by a candidate for the City Council but which committee expends money in support of a candidate for the City Council, a portion of such contribution shall be deemed to have been made to the member or candidate in support of whom the committee expended money. The amount of such deemed contribution shall be determined by multiplying the contribution to the committee by that fraction obtained by dividing the total expenditures of the committee by the amount expended by the committee in support of the candidate. Whenever used in this chapter, the words "candidate" or "candidate for Council" shall include any candidate for Mayor.

(Added by Ord. 2471-C.S., § 1, amended by Ord. 2637-C.S., and Ord. 3391-C.S., § 1, effective 7-28-05)