1968 339- 485 _ 1-8 to 4-15-1968

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Councilman Henderson moved that "or an advance" be added to the second sentence of this item to read "A request for reimbursement 'or an advance' shall be submitted..." seconded by Councilman Keckley and carried on roll call vote, Councilman Petersen voting no. Adequate penalties are provided in the Charter and State Code. Therefore, it is not necessary to be referred to in the Ordinance. In reply to questioning concerning above statement for a penalty clause not being necessary, Acting City Attorney referred to specific City Charter sections which provided penalties therefor and also advised of the specific and comprehensive penalty sections under the State Penal Code covering public officials with refer- ence to filing of false claims very similar to that of our Charter provisions, and of the other penal code sections which would apply also, covering fraudulant ap- propriations. He advised the most the Council could provide for in an ordinance would be a misdemeanor charge as Charter already provides for forfeiture of office. Reference was made to a County Ordinance covering penalty clauses and Acting City Attorney was asked if this could be included in City's ordinance. He advised that such a provision could be included in an ordinance, but cautioned that an honest error could result in such a penalty if it is written into the ordinance. After further discussion whether penalty clause should be added to proposed ordinance, Councilman Granger moved that Charter provision (Section 81) be con- sidered sufficient to cover penalty provisions, seconded by Councilman Rosselli. After attempts to clarify the intent, Councilman Rosselli withdrew his second. Councilman Petersen moved to accept recommendations on Page 2 under Item 4 as amended, seconded by Councilman Rosselli. Councilman Keckley asked Acting City Attorney whether he felt guidelines as now proposed covered adequately the charges made by the District Attorney in his report to City that an ordinance be adopted covering Council's expense operations, and was advised by Acting City Attorney he felt guidelines as proposed were adequate and fullfilled the charges made by District Attorney to theCouncil. He also reminded that Council had actually acted independently from recommendations of District Attorney in that Council had requested guidelines be prepared prior to receipt of the report. He also advised an ordinance could now be prepared to cover the guidelines pro- posed. Motion carried on roll call vote, Councilman Granger voting no. (MINUTE ORDER #68-40-F) Councilman Henderson moved that report from District Attorney be made a part of this discussion and Minutes since reference had been made to such report, seconded by Councilman Keckley. It was pointed out that the report referred to had not been directed to Council, but to the Chief of Police, and forwarded by him to the City Manager, thence to the Council. City Clerk advised a copy of this report was on file in City Clerk's office and asked for clarification on motion as full report would not be copied into the permanent records unless direct order was given, but report would only be re - 395 FIB 5 '60