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R 1279 RESOLUTION NO. 1279 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO MEMBERS OF THE CITY'S PLANNING COMMISSION AND DESIGNATED CITY EMPLOYEES. PURSUANT TO THE POLITICAL REFORM ACT OF 197~. WHEREAS, the electorate of the State of California voted into law the Political Refonm Act of 197~, an initiative measure; and WHEREAS, said law requires the disclosure of certain financial interests by local government officials and employees and prohibits their participation in governmental decisions when such may materially affect their interests; and WHEREAS, said law sets forth specifically all affirmative and prohibitory provisions required of and affecting local government officials and employees; and WHEREAS, said law has been interpreted by the Fair Political Practices Commission as requiring the adoption of a Conflict of Interest Code applicable to the City's Planning Commission and designated City Employees; and WHEREAS, this Conflict of Interest Code, is adopted in the spirit of said interpretation of the Political Reform Act of 197~. NOW, THEREFORE, the City Council of the City of Arroyo Grande hereby resolves as follows: SECT! ON 1. PURPOSE. Pursuant to the provisions of Government Code Sections 87300, et seq., the City of Arroyo Grande hereby adopts the following Conflict of Interest Code. Nothing contained herein is intended to modify or abridge the provisions of the Political Refonn Act of 197~ (Government Code Sect ion 81000). The provisions of this Code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interest. Except as otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are incorporated herein and this Code shall be Interpreted in a manner consistent therewith. SECTION 2. DESIGNATED POSITIONS. The positions listed on Exhibit "A" are designated positions. Officers and employees holding those positions are designated employees and are deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. SECT! ON 3. DISCLOSURE STATEMENTS. Designated positions shall be assigned to one or more of the disclosure categories set forth on Exhibit "BII. Each designated employee shall file an annual statement disclosing that employee's interest in Investments, real property, and income, designated as reportable under the category to ~,h i ch the emp I oyee 's pos i t Ion I sass i gned on Exh i bit "B". SECT! ON 4. PLACE AND TIME OF FILING. (a) All designated employees required to submit a statement of financial interests shall file the original with the Department Head. (b) The Clerk or Secretary of the Department Head which receives the statement of financial interest shall make and retain a copy and forward the original to the City Clerk. --.._-.._-< -- ._---------. ---- --. ------------------- - -- ---- ------_._- ~- --"------ -------._----- (c) A designated employee required to submit a \tatement of finan~ial interest sha11 submit an initial statement within 30 days after the effective date of this Code. (d) (Civil serv1ce)/(Mer1t system) employees dppointed. promoted or transferred to designated positions shall file initial statelents within 30 days after date of employment. (e) All other employees appointed. promoted or tpansferred to designated posttions shall file initial statements not less. than 10 days before assuming office (or if subject to confinmation. 10 days before being confin1ed), unless an earlier assumption of office it required by emergency circumstances. in which case the statement shall be filed within 30 days thereafter. ( f) Annual statements shall be filed during the month of February by all designated employees. Such statements shall cover the period of the preceding calendar year. (g) A designated employee required to file a statellftt of financial interest with any other agency, ~hich is within the same territorial juris- diction. may comply with the provisions of this Code by filing a duplicate copy of the statement filed with the other agp.ncy. in lieu of an entirely separate document. - SECTION 5 . Contents of Disclosure Statements. Disclosure statements sha 11 be made on forms supplied by thf' CITY CLERK . and sha 11 contain the following information: (a) Contents of Investment and Real Property Reports: When an investment. or an interest in real property, i5 required to be reported, the statement shall contain: (1) A statement of th~ 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; -2- ---~. ... ~.._-. "---- ."- .~..~--_..- -._- --..-.._-- .-..--- - - .-.- (3) The dddre~~ or other ~red~e lU{.dUun of the redl ~J/CJPt~rtl. (4) A statement whether the fair mdrket value of the inveHment, or interest in real proper'ty. p.xceeds ft'n t.hOU'oMllt rlo11dr!) ($10.000). dnd whether It e)(ceed~ one hundt'ed thou~d,\(j uolldf', ($100.000). .Ihl!) information need not be provided with respect t.o <1n interest 111 r'edl I'f'I)llt~r.ty which h used pt ItlLipdlly dS the res i dence of the t 11 et . (b) Conlenb of Per'sond 1 Income I<epurh, When persona 1 InCUIlIe ; ~ re'ltJ1 red to b.t: ,fl'~I(H.ted. the s la tement ~ha 11 contain: (1) The nallle dnd addrp.,>~ of each 50ur'ce of income aggreya t t IIg two hundred and fifty dollars ($250) or more in vdlue, or twenty-five doltdrs ($25) or more in value if the inr.orne was a gift. dnd a general description of the bus i ness acti vity. if any of each source. , (2) A statement whether the aggregate value of income from each source was greater .than one thousand dollars ($1 .000) ~ and whether it was greater than ten thousand dollars ($10,000). (3) A description of the consiQeration. if any. for which the income was received. (4) In the Cdse ~f a ~ift, the dmount and the date on which the gift was received. (c) Contents of Business Entity Inc~ne Reports: When income of a busi"ess '?ntity. including income of a sole prop,'ietor- ~)lilp. is required to be reJJorted. the statement shallcontain~ (1) The name, address, dnd a general description of the busin.ess activity of the business entity; (2) In the Cdse of a business entity which provides legal or brokerage services. the name of .~very person who pdld fees to the busi~less entity if the filer's proratd share of fees froll! such per-son was equal to or greater than un!.! thousand dollar~ ($1.000) ~ - 3. (3) In the case of a business entity not covered by pdrd~'d~h (2), the name of every person from who~n the business entity received paym~nt~ if the filer's prorata share of gross receipt~ from such person was equal to Ot' greater than ten thousand dollar's ($10,000) dur1n~J a calendar year. (d) Contents of Management Po~ Hions Repor.ts: When management positions are requlr'ed to be reported, de3ignated employees shall 1fst the name of each business entlty not specified above in which he is a director. officer, partner, trust~~. employee, or in which he holds any position of management, (e) Initial Statement: The initial statement filed by an employee appointed to a de~i9nated position shall disclose any reportable investn~nts and interests tn real property. (f) Acquisition or uisposal During Reporting Period: In the case of a statement filed under Section 400 (f), 1fthe invest- ment or interest in real property, was. partially or wholly acquired or disposed of during the period covered by, the statement, the date ofacqutsttton or dis- posal. SECTION 6 . Oi S<lua 1 Hica t i2!l. Designated employees must disqualify themselves from making or partici"atin.; in the making of any decisions in which they have a reportable financial interest. when it is reasonably fore- seeable that such interest may be materially affected by ,the decision. No '.h":;iqnated employee shall be reqU1red ttl disqualify himself with respect to ,1IfY Inatter which could not be legally acted upon or decided without his participation. SECT! ON 7. EFFECTIVE DATE. This Conflict of Interest Code shall become effective thirty (30) days after adoption of this Resolution. - 4 - ------.~~-...-._-.-._--~....._~._..- -- .- ~. -- . On motion of Councilman SpierJing, seconded by Councilman Schlegel and on the following roll call vote, to wit: AYES: Councilmen Spier ling, Gallagher, Schlegel, Millis and Mayor de Leon NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 9th day of May, 1977. /,/'? . (.J ....LeL ">::- O.tf...._~, _. '--'" MAYOR ATTEST: ~l~.J _~- ~((bPJ~' CITY CLERK ' I, Ines A. del Campo, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Resolution No. 1279 is a true, full and correct copy of said Resolution passed adn adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council held on the 9th day of May, 1977. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of May, 1977. ~ r.,' f' -;:: <, tl .:1 ,/). ~, / {o;~(fi/ City Clerk of the City f Arroyo Grande (SEAL) - 5 - iU , II .~______. ,_...........-........-;.., -_,_ '~""'" ._._....___ . \ BXHIBIT HAft Rf:PORTABU' ECONOIIIC I N'J'f.'Hf;ST DBSIGNATED POSITIONS CATAGQRV NUIIBERS (EXHIlJIT B) (1) Planning Commission lIembers J - 4(c) - 6(~) (:L) City Administrator L - i - J (3) City Attorney 1 - 2 - 3 (4) Planning Director 1 - 2 - J (5) Assistant Planner J - 4(e) - 6(c) (6) Public Works' Director 1 - 2 - 3 (7) City BngJ.neer 1 - 2 - J (8) Building Inllpector 4 (c) - 6 (c) (9) Assistant Building Inspector 4(c) - 6 (c) (10) Construction Inspector. 4 (c) - 6(c)' (11) Fire Chief 4(a}-S - 6 (a) (12) Police Chief 4 (a) -5 - 6(a) (13) Recreation Director " (a) - 6(a) (14) Finance Director 4 - 5 - 6 (15) BusinellB License Clerk 4 (b) - 6 (b) (16) City Clerk 4 (a) - 6(.) (17 ) Consultant - any person or business hired 2'0 be d..igna tad in the for consulting services, but might reason- con.ult1ng contract. able expected to have a financial interest. - 6 - _._.._...._.,-~~- ~ -.~......-- . ---.'-'-.--- _.. - ---.-.....- ~ . EXHIBI T'B" CATEGORIES OF REPORTABLE:. ECONOMIC INIlRI:.~T~ Category 1. All-Inclusive Reportable Investments: Category 1 reportable investmt!nts are fill investments (worth more than $1.(00): (a) owned by the designated employee. his or her spouse or dependent child; (b) owned by an agent on behalf of the designated employee; (c) owned by any business entity controlled by the designated employee (i.e., any business entity in which the designated employee, his or her agents, spouse and dep~ndent children hold more than a 50:1. owner'ship interest); '" (d) owned by a trust in which the designated employee has a substantial intere5>t (i.e., a trust in which the designated employee, his or h(~r spouse and dependent children have 'a present or future interest worth more than $1,000); (e) representing the p~o rata share (worth more than $1.000) of the designated employee, his or her spouse and dependent children. of invesbnents of any business entity or trust 1n which the designated employee, his or her spouse and dependent childre~ own, directly, indirectly or beneficially, a 10% interest or greater. "Investment" means any financial interest in or security issued by a CITY OF ARROYO GRANDE business entity, including but not limtted to common stock, preferred stock, rights, warrants. options, debt instrUMents and any partnership or other ownership interest. A business entity is" CITY OF ARROYO GRANDE -related" tf and only if the business entity or aoy parent. subsidiary or otherwise related bustness entity: (i) has an interest in real property within the jurisdiction. (i1) does business in the CITY OF ARROYO GRANDE at any time during the period commencing two years prfor to and ending one year after the time the designated employee is required by this Code to f11e his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a CITYOF ARROYO GRANDE decision. (The term "parent, subsidiary or otherwise related business entity" shall be construed as specifically defined by the Corrrni S5 ion). No asset is deemed an "in\'estment" unless its fair market va1ue exceeds $1,000. The term "investment" does not include a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, or any bond or other debt instrument issued by any government or government agency. . .Ca tegory 2. All-Inclus1ve Reportable Interests in Real Propert1 Category 2 reportable interests in r\~l property are all interests (worth more than $1,000) in real property located within the jurisdiction if the interests are: - 7 - - ~--- -.- ------------.--.-------..." -_.,- ...- .....~-_..- ....- - .. --.. (a) held or owned by the designated employee, his or her spouse and dependent child, or (b) . the pro rata share (worth more than $1,000) of interests in real property of any business entity or trust 1n which the designated employee or spouse owns, directly, indirectly, or benefic1a 11y, a 10% interest or greater. "Interest 1n real property" includes any leasehold. beneficial or ownership interest, or an option to acquire such an interest, 1n real property. Real property shall be deemed to be "located within the jurisdiction" if the property or a"y part of it ;s located within or n~t more than two miles outside the boundaries of the CITY OF ARROYO GRANDE or within two miles of any land owned or used by the CITY OF ARROYO GRANDE . Category 3. All-Inclusive Reportable Income Category 3 reportable income comprises all income of the designated employee from any CITY OF ARROYO GRANDE -related source aggregating $250 or more (or $25 or more in the case ofgffts)-cfiJr1ng the reporting period. . (a) "Income" means, except as provided 1n subsection (b). incoaae of any nature from any CITY OF ARROYO GRANDE -related source, including but not limited to any salary ,wage, advance, payment. dividend, interest. rent, capital ga1n. return of capital gift. including any g1ft of food or beverage. loan, forgiveness or payment of indebtedness, discount in the price of anything of value unless the discount is available to members of the public without regard to official status, rebate, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community prot:rty interest in income of a spouse from any CITY OF ARROYO GRANDE -reated source. Income of an individual also includes a pro rata share of any income of any CITY OF ARROYO GRANDE -related business entity or trust 1n which the individual or spouse owns, directly, indirectly, or beneficially, a ten percent interest or greater. A source, business entity or trust is " CITY OF ARROYO GRANDE related" if and only if he. she or it: (i) resides in the jur1sd1ct10n.(frJ'has an interest in real property within the jurisdiction, (ii1) does busines~ in the CITY Of ARROYO GRANDE . or (tv) did business or plans to do business 1n the CITY OF ARROYO GRANDE at any time during the period commencing two years prior to and ending one year after the time the designated employee is required by this Code to f11e his or her next Statement of ECOnoMic laterests or to disqualify himself or herself with respect to.a CITY OF ARROYO GRANDE decision. (b) "Income" does not include: (1) Campaign contributions required to be reported under Chapter 4 of the Act; (2) Salary and reimbursement for expenses or per diem received from a state or local government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic or charitab1e organizationi - R - -- ..---- --- --- "- ._. -_.~-"--_.__. --._.-- - (3) Gifts of ....ormational matel'1al. suchd\ L 4CS. pamphlets. reports. calendars or periodicals; (4) Gifts which are not used and which. within thirty days after receipt. are returned to the donor or delivered to a charitableorganizat1on without being claimed asa charitable contribution for tax purposes; (5) Gifts from an individual's spouse. child. parent. grandparent. grandchild. brother, sister. parent-in-law, brother-in-law. sister-in-law. dunt. uncle. or first cousin or the spouse of any such person; provided that a gift from any such person shall be considered income if the donor. is acting as dn agent or intermediary for any person not covered by this paragraph; (6) Any devise or inheritance; (7) Interest. dividends or premiums on a time or demand deposit in a financial institution, shares in a credit unton 'orany insurance policy, pay- ments received under any insurance policy. or any bond or other debt instrument issued by any government or government agency; (8) Dividends, interest or any other return on a security which is registered with the. Securities dnd Exchange Commission of the United States . Government; (9) Loans by a COR1nerc;~l lending institution 1n the regular course of business. Category 4. Less-Inclusive Rcportabl!! Investments Category 4 reportable inv~stments are those and only those Category 1 reportable investments which pertain to .f busineis entity. a business activity of which is that of: (a) Providing within the last two (2) years, or foreseeably in the future. set'vices, supplies, materials. machinery or equipment to tne City of Arroyo Grande. (b) Conducting a bu~iness in the City of Arroyo Grande which requires a business license therefor pursuant to ordinances of the City. (c) Sale. purchase, exchange, lease or rental, or financing, for its own account or as brok\!r, of real property or the develop- ment. syndication, subdivision, of real property or construction thereon of building or structures. Ca tegory 5. Less-Inclusive Reportable Intey'ests in Real Property Category 5 reportable interests in real property are those and only those Category 2 reportable interests in real property where the property or any part of it is located within or not more than 500 feet outside the boundaries of the City of Arroyo Grande and the South San Luis Obispo County Sanitation District. - 9 - --..-....- --..".---..-.. -~_....- -_....._-~.- .' ........-,...-- .._...-..-.__.,~. Category 6~ Less-Inclusive Types of Reportable Income Category 6 types of reportable income are those and only those types of Category 3 reportable income which are derived from a business entity, a business activity of which is that of: (a) Providing within the last two (2) years, or foreseeablyin the future, services, supplies, materials, machinery or equipme~t to the City of Arroyo Grande. (b) Conducting a business in the City of Arroyo Grande which requires a business license therefor pursuant to Qrdinances of the City. (c) Sale, purchase, exchange, lease or rental, or financing, for its own account or as broker, of real property or the development. syndication, subdivision, of real property or construction thereon of building or structures. - 10 -