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R 2949 RESOLUTION NO. 2949 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REVISING RESOLUTION NO. 2411 CONFLICT OF INTEREST CODE BY ADDING THE MOBILE HOME RENT REVIEW BOARD TO THE APPENDIX OF DESIGNATED POSITIONS; AND VARIOUS OTHER STAFF AND COMMISSION TITLE CHANGES WHEREAS, the Political Reform Act of 1974 required the city of Arroyo Grande to adopt a conflict of Interest Code covering certain designated positions within the city, and staff and commission members in those positions must disclose their financial interests and refrain from voting on or making decisions on issues which affect their interests; and WHEREAS, on July 28, 1992, the city council of the city of Arroyo Grande adopted Ordinance No. 448 C.S. establishing the Mobile Home Rent Review Board, the members of which also must comply with the requirements of the Political Reform Act; and " WHEREAS, it is necessary to add Mobile Home Rent Review Board Members to the city's conflict of Interest code Appendix of Designated positions, and make changes in various Staff and commission titleS listed in the Appendix. NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Arroyo Grande does hereby revise the conflict of Interest Code Appendix of Designated positions by adding Mobile Home Rent Review Board Members; deleting the staff titles of Long Range Planner, Associate Engineer and Fire Marshal; correcting the staff title from police Lieutenant to police Commander, and correcting a commission name from Parking and Traffic commission to Traffic commission. on motion of council Member Dougall , seconded by council Member Smith , and on the following roll call vote, to wit: AYES:council Members Dougall, Smith, Moots, Gallagher and Mayor Millis NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 8th day of September, 1992. '::A1:1.1~~ ATTEST: 1m a. ~ . NANCY A. AVIS, CITY CLERK . APPROVED AS TO FORM: ---- I, NANCY A. DAVIS, city Clerk of the city of Arroyo Grande, county of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2949 is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of said council on the 8th day of September, 1992. WITNI!:SS, my hand and the Seal of the city of Arroyo Grande affixed this 11th day of September, 1992. "...-..----"- <"- . ; ~ CONFLICT OF INTEREST CODE FOR THE CITY OF ARROYO GRANDE The Political Reform Act, Government Code Section 81000, et seq. , requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair POlitical Practices Commission after pUblic notice and hearings to conform to amendments in the POlitical Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair POlitical Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest c ode of the City of Arroyo Grande. Pursuant to Section 4(A) of the standard code, designated employees shall file statements of economic interests with the agency. Upon receipt of the statements of the designated employees, the City Clerk shall retain the originals and make them available for pUblic inspection. , . (Regulations of the Fair POlitical Practices Commission, Title 2, Division 6 of the California Code of Regulations) 18730. Provisions of Conflict of Interest Code (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a Conflict of Interest Code within the meaning of Government Code Section 87300 or the amendment of a Conflict of Interest Code within the meaning of Government Code Section 87307 if the terms of this regulation are substituted for terms of a Conflict of Interest Code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner. substantially equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 81000, g~. The requirements of a Conflict of Interest Code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a Conflict of Interest Code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, g ~.), and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. (2) Section 2. Desianated Emulovees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure cateaories. This Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this Code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, g ~.1 Such persons are covered by this Code for disqualification purposes only. with respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement 1 Designated employees who are required to file statements of economic interests under any other agency's Conflict of Interest Code, or under Article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section 81004. 1 . . .' of economic interests those financial interests he or she has which are the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employees disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) section 4. statements of Economic Interests: Place of Filina. The Code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.' (5) Section 5. statements of Economic Interests: Time of Filina. (A) Initial Statements. All designated employees employed by the agency on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within thirty days after the effective date of this Code. Thereafter, each person already in a position when it is designated by an amendment to this Code shall file an initial statement within thirty days after the effective date of the amendment. (B) Assuminq Office Statements. All persons assuming designated positions after the effective date of this Code shall file statements within thirty days after assuming the designated positions, or if subject to State Senate confirmation, thirty days after being nominated or appointed. (C) Annual statements. All designated employees shall file statements no later than April 1. (D) Leavina Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. (5.5) Section 5.5. statements for Persons Who Resian 30 Davs After ADDointment. Persons who resign within 30 days of initial appointment are not deemed to have assumed office or left office provided they did not make or participate in the making of, or use their positions to influence any decision and did not receive or become entitled to receive any form of payment as a result of their appointment. Such persons shall not file either an assuming or leaving office statement. (6) section 6. Contents of and Period Covered bv statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the Code. (B) Contents of Assuming Off ice Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to state Senate confirmation or , See Government Code Section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 2 appointment, on the date of nomination. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the Code or the date of assuming office whichever is later. (D) Contents of Leavina Office statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reportina. statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real pronerty Disclosure. When an investment or an interest in real property' is required to be reported,' the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property. 4. A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). (B) Personal Income Disclosure. When personal income is required to be reported,' the statement shall contain: 1. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; , For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. · Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the POlitical Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregrate, a direct, indirect or beneficial interest of 10 percent or greater. . A designated employee's-income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 3 - ----,. ------- - . 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift. the amount or value of the gift. and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan. (C) Business Entitv Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,. the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity. 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Dis1;>osal During ReDorting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; · Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 per cent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. 4 - (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within twelve months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $250 or more in value provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (8.3) Section 8.3. Leaallv Required particioation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (8.5) Section 8.5. Disaualification of State Officers and Emolovees In addition to the general disqualification provisions of Section 8, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the pUblic, regarding any investment or interest in real property; or (B) Engaged in a business transaction or tranactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. (9) Section 9. Manner of Disaualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (lO) Section 10. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this Code may request assistance from the Fair poili tical Practices Commission pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to 5 - _.~---"-_.-._--- '. . issue any formal or informal opinion. (11) Section 11. Violations. This Code has the force and effect of law. Designated employees violating any provision of this Code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 - 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003. (Gov. Code Sections 87300 and 87302) History: (1) New Section filed 4/2/80 as an emergency; effective upon filing. (2) Editorial correction. (3) Amendment filed 1/9/8l; effective 2/8/81. (4) Amendment filed l/26/83; effective 2/25/83 (5) Amendment filed 11/10/83; effective 12/12/83. (6) Amendment filed 4/13/87; effective 5/l3/87. (7) Amendment filed 10/21/88; effective 11/20/88. 6 . . APPENDIX OF DESIGNATED POSITIONS ASSIGNED DESIGNATED POSITIONS DISCLOSURE CATEGORIES 1. planning Director 1 2. current planner 2 3. public works Director/ city Engineer 1 4. Deputy pUblic Works Director/ Assistant city Engineer 3 5. public Works superintendent 4 6. construction Inspector 1 7. Chief Building Inspector 1 B. Building Inspector 1 9. Fire Chief 1 10. police Chief 1 11. police commander 2 12. Director of Parks and Recreation 1 13. Business License Clerk 6 14. city Clerk 1 15. Traffic commission Members 5 16. Downtown parking Advisory Boa,rd Members 6 17. Parks and Recreation commission Members 5 lB. senior Advisory commission Members 5 19. Architectural Advisory committee Members 5 20. Mobile Home Rent Review Board Members 5 21. consultants* 1 *consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The (executive director or executive officer) may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The (executive director's or executive officer's) determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 1 . ~ , , '. APPENDIX OF DISCLOSURE CATEGORIES 1. Persons in this category must disclose all investments and business positions in business entities, all sources of income, and all interests in real property. 2. Persons in this category must disclose all sources of income; business positions in business entities; investments which pertain to a business entity or activity dealing with real property,* and all interests in real property. 3. Persons in this category must disclose business positions in business entities; investments and income which pertain to a business entity or activity dealing with real property.* 4. Persons in this category must disclose interests in real property where the property is located within the boundaries of the City; business positions in business entities; investments, and income from sources which provide services, supplies, materials, machinery or equipment of the type utilized by the City in any pUblic works project. 5. Persons in this category must disclose interests in real property where the property is located within the boundaries of the city; business positions in business entities; investments and income which pertain to a business entity or activity dealing with real property.* 6. Persons in this category must disclose investments which pertain to a business entity conducting a business in the City which requires a business license therefor pursuant to ordinances of the City. *A Business Entity or Activitv Dealing with Real Property Includes: The sale, purchase, exchange, lease or rental, financing for its own account or as a broker of real property, or the development, syndication, subdivision of real property, or construction thereon, of buildings or structures.