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RESOLUTION NO. 2.!ll
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A RESOLUTION OF THE CITY COUNCIL I
OF THE CITY OF ARROYO GRANDE REVISING
RESOLUTION NO. 2363 CONFLICT OF INTEREST CODE
BY ADDITION OF ARCHI~ECTURAL ADVISORY COMMITTEE
TO THE APPENDIX OF DESIGNATED POSITIONS: AND VARIOUS
OTHER STAFF TITLE CHANGES
WHEREAS, the City Council of the City of Arroyo Grande paeeed I
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and adopted Resolution No. 2363 amending the City's Conflict of
/ Interest Code by adding members of various commissions, boards and
committees to the Appendix of Designated Positions (those persons
who must file financial disclosure statements under the Political
Reform Act of 1974): and
WHEREAS, on July 10, 1990 the city Council of the City of
Arroyo Grande adopted Ordinance No. 426 c.s. establishing the
Architectural Advisory Committee to advise the City Council, the
Planning Commission and the Planning Director on matters concerning
architectural standards and guidelines: and I
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WHEREAS, it is necessary to add Architectural Advisory I
Commission Members to the Appendix of Designated positions, and [
make changes in various staff 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 Architectural
Advisory Committee Members: deleting the staff title of "Special
Inspector, Public Works, Building and Zoning," and correcting staff
titles to "Deputy Public Works Director/Assistant city Engineer"
and "Chief Building Inspector."
On motion of Council Member !):)ugall , seconded by
Council Member Smith , and on the following roll call
vote, to wit:
AYES: Council M3nbers Dougall, Smith, Olsen, MJots and Mayor Millis
NOES: None ,
ABSENT: None I
the foregoing Resolution was passed and adopted this 24th day of
July, 1990.
, tPc~'7trd4
MARIVH. MILLIS, MAYOR i
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ATTEST:
APPROVED AS TO FORM:
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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 code 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.
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(Regulations of the Fair Political Practices Commission, Title 2,
Division 6 of the California Code of Regulations)
28730. 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, gg seq. 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, gl seg.), and any amendments to
the Act or regulations, are incorporated by reference into this
Conflict of Interest Code.
(2) Section 2. Designated Employees.
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 Categories.
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, et geq.' 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
' 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.
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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 conduot 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 ~
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Filina. I
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(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
Days 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
enti tIed 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 Office 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.
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appointment, on the date of nomination.
(C) Contents of Annual Sta1;.ements. 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 Leavinq 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 Reoorting.
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 Prooerty Disclosure. When
an investment or an interest in real property' is required to be
reported,' the statement shall contain the following: I
1. A statement of the nature of the investment I
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) person(Jl Incomt;! 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.
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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. l
(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
j 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) Acauisition or Disposal Durinq 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. Disaualification.
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.
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(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 1
(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 m~de.
(8.3) section 8.3. Leaally Reauired Participation.
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 Emplovees
In addition to the general disqualification provisions i
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 Disqualification.
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.
(10) 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
Poilitical 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
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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
addi tion, 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)
Historv: (1) New Section filed 4/2/80 as an emergency: effective l
upon filing.
(2) Editorial correction.
(3) Amendment filed 1/9/81: effective 2/8/81. i
(4) Amendment filed 1/26/83: effective 2/25/83
(5) Amendment filed 11/10/83: effective 12/12/83.
(6) Amendment filed 4/13/87; effective 5/13/87.
(7) Amendment filed 10/21/88: effective 11/20/88.
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APPENDIX OF DESIGNATED POSITIONS
ASSIGNED
DESIGNATED POSITIONS DISCLqSURE CATEGORIES
1. Planning Director 1
2. Current Planner 2
3. Long Range Planner 2
4. public Works Directorj
city Engineer 1
5. Deputy PUblic Works Directorj
Assistant City Engineer 3
6. Associate Engineer 3
7. Public Works Superintendent 4
8. Chief Building Inspector 1
9. Construction Inspector 1
10. Building Inspector 1
11. Fire Chief 1
12. Fire Marshal 1
13. Police Chief 1
14. Police Lieutenant 2 I
15. Director of Parks and
Recreation 1 I
16. Business License Clerk 6
17. City Clerk 1
18. Parking and Traffic
commission Members 5
19. Downtown Parking Advisory
Board Members 6
20. Parks and Recreation
Commission Members 5
21. Senior Advisory
Commission Members 5
22. Architectural Advisory Committee Members 5
23. Consultants. 1
.Consultants shall be inoluded 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 I
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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.
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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 "l
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 enti ty conducting a. business in t~e ci ty which
requires a business license therefor pursuant to ord1nances of the
city.
*A Business Entity pr Activity 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.
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