HomeMy WebLinkAboutCC RESO 96-98RESOLUTION NO. 9 6 - 9 8
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADOPTING AN AMENDED CONFLICT OF INTEREST CODE
WHICH INCORPORATES BY REFERENCE THE
FAIR POLITICAL PRACTICES COMMISSION'S
STANDARD MODEL CONFLICT OF INTEREST CODE,
AND RESCINDING RESOLUTION NO. 94-90
WHEREAS, the Political Reform Act, Government Code Sections 81000,
et seq., requires every state or local government agency to adopt and promulgate a
Conflict of Interest Code; and
WHEREAS, the Fair Political Practices Commission has adopted a
regulation, 2 Cal. Code of Regulations Section 18730, which contains the terms of a
standard model Conflict of Interest Code, which can be incorporated by reference, and
which will be amended to conform to amendments in the Political Reform Act of 1974
after public notice and hearings conducted by the Fair Political Practices Commission
pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.;
and
WHEREAS, the City of National City has determined that the attached
Appendix accurately sets forth those positions which should be designated and the
categories of financial interests which should be made reportable.
NOW, THEREFORE, BE IT RESOLVED that, except for Sections 8, 8.1
and 9.5 thereof pertaining to state officers and employees, the terms of 2 Cal. Code of
Regulations Section 18730, attached hereto as Exhibit "A," and any amendments to it
duly adopted by the Fair Political Practices Commission, along with the attached
Appendix in which officials and employees are designated and disclosure categories are
set forth, are hereby incorporated by reference and constitute the Conflict of Interest
Code of the City of National City.
rescinded.
ATTEST:
BE IT FURTHER RESOLVED that Resolution No. 94-90 is hereby
PASSED and ADOPTED this 18th day of June, 1996.
� 6.t Lo)
Anne Peoples, City lerk
APPROVED AS TO FORM:
/4 "3 4: 2L
George H. Eiser, III
City Attorney
George H. Waters, Mayor
Copyright 1995 Matthew Bender & Co., Inc. & Barclays Law Publishers
***************************** CURRENT DOCUMENTS) ****************************
06/12/1996 02:49:12 USER ID: CODEREGU
California Code of Regulations, TITLE 2. ADMINISTRATION, S 18730(a)
S 18730. Provisions of Conflict of Interest Codes.
(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, et 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.
-he definitions contained in the Political Reform Act of 1974, regulations
c_ the Fair Political Practices Commission (2 Cal. Code of Regs. sections
18100, et seq.), 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 seq.
In addition, this code does not establish any disclosure obligation for any
designated employees who are designated in a conflict of interest code for
another agency, if all of the following apply:
EXHIBIT A
(A) The geographical jurisdiction of this agency is the same as or is wholly
included within the jurisdiction of the other agency;
3) The disclosure assigned in the code of the other agency is the same as
that required under Article 2 of Chapter 7 of the Political Reform Act,
Government Code section 87200; and
(C) The filing officer is the same for both agencies.].
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
of economic interests those financial interests he or she has which are of 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 employee's 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 Filing.
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.2
(5) Section 5. Statements of Economic Interests: Time of Filing.
,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 30 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 30 days after the effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions
after the effective date of this code shall file statements within 30 days
after assuming the designated positions, or if subject to State Senate
confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no
later than April 1.
(D) Leaving Office Statements. All persons who leave designated positions
shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming
Office.
Any person who resigns within 12 months of initial appointment, or within 30
days of the date of notice provided by the filing officer to file an assuming
office statement, is not deemed to have assumed office or left office,
provided he or she did not make or participate in the making of, or use his or
her position to influence any decision and did not receive or become entitled
to receive any form of payment as a result of his or her appointment. Such
persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice
from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty
of perjury that during the period between appointment and resignation he or
she did not make, participate in the making, or use the position to influence
any decision of the agency or receive, or become entitled to receive, any form
of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by 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
and income received during the 12 months prior to the effective date of the
code.
(B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments,
crests in real property and business positions held on the date of assuming
o_ ice or, if subject to State Senate confirmation or appointment, on the date
of nomination, and income received during the 12 months prior to the date of
assuming office or the date of being appointed or nominated, respectively.
(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 Leaving 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 Reporting.
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) Investment and Real Property Disclosure.
When an investment or an interest in real property3 is required to be
renorted,4 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,5the 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.
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);
. 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 Entity Income Disclosure. When income of a business entity,
including income of a sole proprietorship, is required to be reported,6 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 Disposal During Reporting 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. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of
a state agency, shall accept any honorarium from any source, if the member or
employee would be required to report the receipt of income or gifts from that
source on his or her statement of economic interests. This section shall not
apply to any part-time member of the governing board of any public institution
of higher education, unless the member is also an elected official.
Subdivisions (b), (c), (d), and (e) of Government Code Section 89502 shall
apply to the prohibitions in this section.
(B) No member of the governing board of a special district or designated
employee of a local government agency shall accept any honorarium.
Subdivisions (b), (c), and (e) of Government Code Section 89502 shall apply
to the prohibitions in this section. This section shall not limit or prohibit
payments, advances, or reimbursements for travel and related lodging and
s sistence authorized by Government Code Section 89506. (c)
(8.1) Section 8.1. Prohibition on Receipt of Gifts of $280 or More.
(A) No member of a state board or commission, and no designated employee of
a state agency, shall accept gifts with a total value of more than two hundred
eighty dollars ($280) in a calendar year from any single source, if the member
or employee would be required to report the receipt of income or gifts from
that source on his or her statement of economic interests. This section shall
not apply to any part-time member of the governing board of any public
institution of higher education, unless the member is also an elected
official.
Subdivisions (b), (c), (d), and (e) of Government Code Section 89504 shall
apply to the prohibitions in this section.
(B) No member of the governing board of a special district, or designated
employee of a local government agency shall accept any gifts with a total
value of more than two hundred eighty dollars ($280) in a calendar year from
any single source.
Subdivision (d) of Government Code Section 89504 shall apply to this
section,
(9) Section 9. 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
grs<:ernmental decision which he or she knows or has reason to know will have a
x >onably 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;
(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 12 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 two hundred and eighty dollars ($280) 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.
9.3) Section 9.3. Legally Required 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.
(9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, 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 transactions 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.
(10) Section 10. Manner of Disqualification.
When a designated employee determines that he or she should not make a
g arnmental 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.
(11) Section 11. 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 Political 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
issue any formal or informal opinion.
(12) Section 12. 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
c tion 91003.
Note: Authority cited: Section 83112, Government Code. Reference: Sections
87300-87302, 89501, 89502, 89503 and 89504, Government Code.
History
1. New section filed 4-2-80 as an emergency; effective upon filing (Register
80, No. 14). Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day
thereafter (Register 81, No. 2). (c)
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth
day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day
thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register
88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial
changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42).
. Amendment of subsections (b)(3), (b)(8) and renumbering of following
subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92,
No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2)
filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for
California Mental Health Planning Council filed 11-22-93 pursuant to title 1,
section 100, California Code of Regulations (Register 93, No. 48). Approved by
Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code
for California Mental Health Planning Council as chapter 62, section 55100
filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations
(Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate
section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new
subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B),
(b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government
Code section 11343.4(d) (Register 95, No. 11).
1Designated 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 .
2 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.
3 For the purpose of disclosure only (not disqualification), an interest in
real property does not include the principal residence of the filer.
4 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
5A 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.
6lncome of a business entity is reportable if the direct, indirect or
t Bficial interest of the filer and the filer's spouse in the business entity
aggregates a 10 percent 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.
******************************************************************************
APPENDIX
CONFLICT OF INTEREST CODE FOR THE
CITY OF NATIONAL CITY AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
I. PURPOSE. This Code is adopted pursuant to the provisions of
Government Code Section 87300, et seq. to provide for the disclosure or prevention of
all foreseeable potential conflicts of interest; to provide affected persons with clear and
specific statements of their duties under the Code; and to differentiate between designated
persons with different powers and responsibilities. The requirements hereof are in
addition to the other requirements of the Political Reform Act and other state and local
laws pertaining to conflicts of interest, including the general prohibition against conflicts
of interest found in Government Code Section 87100.
II. GENERAL PROVISIONS.
A. When a person is required to disclose investments and sources
of income, that person must disclose investments in business entities and sources of
income which do business in the jurisdiction, or have done business in the jurisdiction
within the past 12 months (Initial Statement and Assuming Office Statement) or calendar
year (Annual Statement). In addition to other activities, a business entity is doing
business within the jurisdiction if it owns real property within the jurisdiction.
B. When a person is required to disclose interests in real
property, that person must disclose real property which is located in whole or in part
within the boundaries of the City of National City.
C. When a person is required to disclose business positions, that
person must disclose positions of director, officer, partner, trustee, employee, or any
position of management in organizations or enterprises operated for profit.
III. DISCLOSURE. The persons listed below have been designated as
those persons who make and participate in the making of decisions which may foreseeably
have a material effect on financial interests within their required disclosure categories as
defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments.
The persons listed below are required to file the initial, annual, and leaving
office statements of financial interest required by this Code for the types of interests in
the categories set forth in the column "Disclosure Categories" opposite the column
"Designated Positions."
1
CATEGORY 1:
CATEGORY 2:
CATEGORY 3:
CATEGORY 4:
CATEGORY 5:
CATEGORY 6:
The Disclosure Categories are:
Investments and sources of income.
Interests in real property.
Investments, interests in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.
Investments in business entities and sources of income which engage
in land development, construction or the acquisition or sale of real
property.
Investments in business entities and sources of income of the type
which, within the past 12 months or calendar year, whichever is
applicable, have contracted with the City of National City or the
Community Development Commission of the City of National City
to provide services, supplies, materials, machinery or equipment.
Investments in business entities and sources of income of the type
which, within the past 12 months or calendar year, whichever is
applicable, have contracted with the person's department to provide
services, supplies, materials, machinery or equipment.
CATEGORY 7: Business positions.
The persons designated as those persons who make and participate in the
making of decisions which may foreseeably have a material effect on financial interests
with their required disclosure categories as defined in 2 Cal. Code of Regulations Section
18730 and its subsequent amendments are:
2
DESIGNATED POSITIONS
1. Mayor, Councilmembers/Chairman,
Members of Community Development Commission
2. City Manager
3. City Attorney/Community Development Commission Attorney
4. City Treasurer
5. Finance Director
6. Principal Accountant
7. Members of the Planning Commission
8. Advisory and Appeals Board
9. Assistant City Attorney
10. Assistant Chief of Police
11. Assistant City Manager
12. Assistant Director(s), Community Development Commission
13. Buyer
14. Chief of Police
15. City Clerk
16. City Engineer
17. City Librarian
DISCLOSURE
CATEGORIES
*/
*/
*/
*/
*/
*/
*/
1,2,7
1,2,7
1,2,7
1,2,7
1,2,7
1,7
1,2,7
1,2,7
1,2,7
1,2,7
*/ These positions file disclosure statements as required by Government Code §§
87200-87210. They are listed here for disqualification purposes only. See Government
Code §87200 for disclosure requirements.
3
DESIGNATED POSITIONS
DISCLOSURE
CATEGORIES
18. Civil Service Commission 1,7
19. Code Conformance Officer 1,2,7
20. Deputy Director of Public Works 1,2,7
21. Director of Building and Safety 1,2,7
22. Director of Parks and Recreation 1,2,7
23. Director of Planning 1„ 2 7
24. Director of Public Works 1,2,7
25. Division Chief, Fire Department 1,2,7
26. Executive Director, Community Development Commission 1,2,7
27. Fire Chief 1,2,7
28. Fire Marshal 1,2,7
29. Housing and Community Development Committee 1,2,7
30. Library Board of Trustees 2,6,7
31. Park Superintendent 1,2,7
32. Personnel Director 1,2,7
33. Plan Check Engineer 1,2,7
34. Police Captain 1,2,7
35. Principal Civil Engineer 1,2,7
36. Principal Librarian 1,2,7
37. Principal Planner 1,2,7
4
DISCLOSURE
DESIGNATED POSITIONS CATEGORIES
38. Project Area Committee 1,2,4,7
39. Purchasing Agent 1,2,7
40. Risk Manager 1,7
41. Traffic Engineer 1,2,7
42. Traffic and Safety Committee 1,2,7
43. Transit Director 1,2,7
44. Consultants
If designated in their con-
tracts, for the categories
specified in their contracts
by the City Council, the
CDC Board, City Manag-
er, Executive Director, or
Purchasing Agent
Passed and adopted by the Council of the City of National City, California, on June 18, 1996 by
the following vote, to -wit:
Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the City of National City, California
LORI ANNE PEOPLES
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 96-98 of the City of National City, California, passed and adopted by the
Council of said City on June 18, 1996.
By:
A
Cerk of the City of National City
Deputy