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HomeMy WebLinkAboutCC RESO 2002 - 138RESOLUTION NO. 2002 - 138 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. 2000-124 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 Section 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. BE IT FURTHER RESOLVED that Resolution No. 2000-124 is hereby rescinded. PASSED and ADOPTED this 3rd day of September, 2002. George H. aters, Mayor ATTEST: Mic ael R. D. a, City Clerk APPROVED AS TO FORM gOtfu:.01 George H. Eiser, III City Attorney Title 2 Fair Political Practices Commission § 18730 4 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 dieclosure cate- gories in the Appendix referred to below constitute the adoption and pro- mulgation of a conflict of interest code within the meaning of Govern- ment Code. section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the tetras of this regulation are substituted for terms of a conflict of interest code al- ready 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 seg. The requirements of a conflict of interest code are in addition to other requirements of the Political Re- form Act, such as the general prohibition against conflicts of intetestcon- tained 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, regula- tions of the Fair Political Practices Commission (2 Cat. 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 dots not establish any disclosure obligation for those desig- • . nated 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 salve as or is wholly in- cluded within the jurisdiction in which those persons must report their fi- nancial 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 arc designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) 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 cate- gories 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 finan- cial 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 with- in 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 dare of this code, as originally adopted, promul- gated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code_ Thereafter, each per- son 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 Sen- ate 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 po- sitions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assum- ing 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 malting of, or use his or her position to influence any decision and did notreceive 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 of- fice 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 pen- alty of perjury that during the period between appointment and resigna- tion he or she did not make, participate in the maing, 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. EXHIBIT "A" PAGE 1 Register 2002 No. 3; 1-18-2002 § I8730 BARCLAi'S CALIFORNIA CODE OF REGULATIONS Titie 2 (6) Section 6. Contents of and Period Covered by Statements of Eco- nomic 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, interests in real property and business positions held on the date of as- suming office 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 nom- inated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and busi- ness positions held or received tb,ri tr the previous calendar year pro- vided, 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 as- suming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, inter- ests in real property, income and business positions held or received dur- ing the period between the dosing 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 reported,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 orinter- est in real property exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exreMs one million dollars ($1,000,000). (B) Personal Income Disdosure. When personal income is required to be reported,5 the statement shall contain - The name and address of each source of income aggregating five hundred dollars ($500) 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 dol- lars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000); 3. A description of the consideration, if any, for which the income was received; 4. In the rase of a gift, the name, address and business activity of the doaor and any intermediary through which the gift was made; a descrip- tion 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 and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be re- ported,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 re- quired to be reported, a designated employee shall list the name and ad- dress of each business entity in which he or she is a director, officer, part- ner, 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 busi- ness entity. (E) Acgii sition or Disposal During Rcpomng 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 peri- od covered by the statement, the statement shall contain the date of acqui- sition or disposaL (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated em- ployee of a state or local government agency, shall accept any honorari- um from any source, if the member or employee would be required to re- port the receipt of income or gifts from that source on his or her statement of economicinteresls. This section shall not apply to any part-time mem- ber of the governing board of any public institution of higher education, unless the member is also an elected official Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section_ This section shall not limit or prohibit payments, advances, or reim- bursements for travel and related lodging and subsistence authorized by Government Code section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $320. (A) No member of a state board or commission, and no designated em- ployee of a state or local goverment agency, shall accept gifts with a to- tal value of more than $320 in a calendar year from any single source, if the member or employee would be required to report the receipt of in- come or gifts from that source on his or her statement of economic inter- ests. This section shall not apply to any part-time member of the govern- ing board of any public institution of higher education, unless the member is also an elected official Subdivisions (e), (f), and (g) of Government C'erle section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control (B) No public official who is exempt from the state civil service system pursuant to snlvlivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a per- sonal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she va- cates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a re- tail installment or credit card transaction, if the loan is made or the in- debtedness created in the lender's regular course of business on tents available to members of the public without regard to the elected officer' s official status. EXHIBIT "A" PAGE 2 Register 2002, No. 2; 1-18-2002 Title 2 Fair Political Practices Commission § 18730 (D) No public official who is exempt from the state civil service sys- tem pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Ar- ticle V]I of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officers agency has direction and control: This subdi- vision shall not apply to loans made by banks or other financial institu- tions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official states. This subdivi- sion shall not apply to 1•ans made to a public official whose duties are solely secretarial, clerical, or mantiaL (E) This section shall not apply to the following 1. Loans made to the campaign committee of an elected officer or can- didate for elective office. 2. Loans made by apublic official's spouse, child, parent, grandparent, grandchild, brother, sister, parent —in—law, brother—in—law, sister—in— law, nephew, niece, aunt, uncle, or first concin or the spouse of any such persons, provided thattheperson making theloanis not acting as an agent or intermediary for any person not otherwise exempted under this sea tion. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($S00) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the pay- ments, and the rate of interest paid on the loan_ (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his other spouse, child, parent, grandparent, grandchild, brother, sister, parent —in—law, brother—in—law, sister—in—law, nephew, niece, aunt, uncle, or first consin or the spouse of any such person, provided that theperson making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government f'fx1r. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1.If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of thc following. a. The date the loan was made_ b. The date thelastpayment of onehumdred dollars ($100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan ag- gregating to less than two hundred fifty dollars ($250) during the pre- vious 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the ramgaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. .3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business consider- ations, has not undertaken collection action_ Except in a criminal action, a creditor who claims that a loan is not a gift on thebasis of this paragraph has the burden of proving that the derision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately disc. harged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of thc Government Code. (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 governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguish- able 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 two thousand dollars ($2,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($2,000) 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 five hundred dollars ($500) 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 direc— tor, officer, partner, trustee, employee, or holds any position of manage- ment; or (E) Any donor oL or any intermediary or agent for a donor of, a gift or gifts aggregating $320 or more 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 beprevented from making orparticipat- ing 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 votingbodyis needed to break a tie.does not make his or herparticipationlegally required for purposes of this sec- tion_ (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 laiow 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 takes (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 or 18705.2(c) totaling in value one thousand dollars ($1,000) or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a. governmental decision beranse he or she has a disqualifying in- terest in it, the determination not to act may be accompanied by disclo- sure of the disqualifying interest (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 Commis- sion pursuant to Government Code section 83114 or from the attorney for EXHIBIT "A" PAGE 3 Register 2002, No.3; 1-18-2002 § 18730 BARCLAYS CALWORNIA CODE OFREGTJLATIONS Trifle 2 his or her agency, provided that nothing in this section requires the attor- ney 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 vio- lating any provision of this code are subject to the administrative, crimi- nal and civil sanctions provided in the Political Reform Act, Government Code sections 81000-91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Govern- ment Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. 'Dcsignatcd employees who am required to file statements of economic inter- ests under any other agency's conflict of interest code. or under article 2 fora dif- ferent jurisdiction, may expand ties statement of economic interests to cover re- portable int.a..,n in both jrmsdictions, and file copies of this expanded statement with both entities in lien of filing separate and distinct shunts, 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 wcm an orignal See Government Code section 81004. 2 Sec Government Code section 81010 and 2 CaL Cade ofRegs. section 18115 for the duties of filing offices and persons inagencies who make and retain copies of statements and forward the originals to the filing offrcen 3 For the purpose of disclosure only (not rllwpralification), an interest in real property dots not include the pdndpat residence of the filet 4lnvestments and interests in real property which have a fair marker value of Icss than $2,000 are not investments and interests in real property within the mean- ing of the Political Reform Act However, invest:m ats orintcrssts in real property of an individual inrludc those held by the individuals spouse and dentchil- dsen as well as a pro ram sham of anyorinterestinral property of any business entity or trust in which the individual, spouse and dent childrenown, in the aggregate, adircct, indrxectorbcneccialinterest of 10 percent orgreat- er 5A rleaignated employee's income includes his or her community property in- terest in the income of his or her spouse but dots not include salary or reimburse- ment for expenses received from a state, local or federal government agency. 6lncome of a business entity is reportable lithe direct, indirect orbencficialin- terest of the frier and the filer's spouse in the business entity aggregates a 10 per- cent or greaterinIerest. In addition,thc diselosmcofpersons who aroclients orcus- tomes of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer NOTE Authority cited: Section 83112, Government rm.- Reference; Ke tions 87103(c), 87300-87302, 89501, 89502 and 89503, Govenumr-nt Code. H isiony 1. New section filed 4-2-80 as an emergency; effective upon Sling (Register 80, No 14) Certificate of Compliance included_ 2. Editorial correction (Register B0, No. 29). 3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2). 4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5). • 5: Amendment of subsection (bX7)(A) filed 11-40-83; 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 Sled 8-28-90; operative 9-27-90 (Reg_ 90, No. 42). 9. Amendment ofsnbsections (b)(3), (b)(8) andreaumbning of following subsec- tions and amendment ofNara Icd 8-7-92; operafive9 792 (Rcgister92, No. 32). 10. Amendment of subsection (b)(5S) and new subsections (bx5-5XA){AX2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest CM,- for Cali- fornia Mental Hcahh Planning Council bled 11-22-93 pursuant to title 1, sec, Lion 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Comtm<sion 9 21 93. • 12. Change without regulatory effect sdr<ignettiyg Conflict of Interest Cede for California. Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to tide 1, n-e-tion 100, California cm, ofRegulations (Regis ter 94, No. 1). 13. Editorial correction adding HirroRT 11 and 12 and deleting duplictteeeesion number (Registry 94, No. 17). 14 Amendment of subsection (b)(8), designation of subsection (bX8XA); new subsection (b)(8)(B), and amendment of sabse-tvn+s (b)(81)-(b)(8.1)(B), (b)(9XE) and NorE filed 3-14-95; operative 3-1495 pursuant to Government Code section 11343.4(d) (Register 95, No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(81XA), repealer of subsec- tion (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; opera- tive 10-23-96 punsnaet to Government Cwt.- section 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) ffled4-997; operative 4-9-97 pursuant to Goverment Code section 11343.4(d) (Register 97, No. 15). 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8 4)(C) and amendment ofNorEfiled 8-24-98; operative 8-24-98 pusvantto Govern- ment Code section 11343.4(d) (Register 98, No. 35). 19. Editorial correction of subsection (a) (Register 98, No. 47). 20. Amendment of subsections (bX8.1), (bX81XA) and (bX9)(E) Sled 5-11-99; operative 5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Ovlr of Regulations, section 18312(d) and (c) (Register 2000, No. 49)- 22 Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for it ng pmv+ant to Fair Political Practices Commission v. Office ofAdministrativeLaw, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, Apr$ 27, 1992 (FPPCregulations only subject to 1974 Administrative Procedure Actrulemak- ing requirements) (Register 2001, No, 2). • 23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1. 2_, (b)(82)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Clvr7 C010924, California Court of Appeal, Third Appellate District,, nonpublished decision, Apnl 27, 1992 (FPPC regulations only subject to 1974 Administrative Procednre Act rulemalaring requirements) (Register 2001, No. 7). . EXHIBIT "A" PAGE 4 Register 2002, No. 3; 1-18-2002 APPENDIX CONFLICT OF INTEREST CODE FOR THE CITY OF NATIONAL CITY AND Tk1J COMMUNITY DEVELOPMENT COMNIISSION OF T H t+ CITY OF NATIONAL CITY I. PT TRPOSF This Code is adopted pursuant to the provisions of Government:= Code Section 87300, et s . 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. GFNF.R A T . PR OVTSTONS 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 that is located in whole or in part within the boundaries of the City of National City. C. When a person is required to disclose businecs positions, that person must disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. M. DISCI OSTJRF 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." APPENDIX PAGE 1 The Disclosure Categories are: CATEGORY 1: Investments and sources of income. CATEGORY 2: Interests in real property. CATEGORY 3: Investments, interests in real property and sources of income subject to the - regulatory, permit or licensing authority of the department. CATEGORY 4: Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. CATEGORY 5: 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, mate- rials, machinery or equipment. CATEGORY 6: 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: APPENDIX PAGE 2 DISCLOSURE DESIGNATED POSITIONS CATEGORIES 1. Mayor, Council Members/Chairman, Members of Community Development Commission 2. City Manager 3. City Attorney/Community Development Commission Attorney 4. City Treasurer 5. Director of Finance 6. Financial Services Officer 7. Members of the Planning Commission 8. Advisory and Appeals Board 9. Assistant City Attomey/Senior Assistant City Attorney 10. Assistant City Manager 11. Assistant Director(s), Community Development Commission 12. Police Chief 13. City Clerk 14. Building Inspector/Plan Checker 15. City Librarian 16. Civil Service Commission 17. Code Conformance Officer 18. Assistant Director of Public Works /Engineering 19. Director of Building and Safety 20. Director of Parks and Recreation 21. Director of Planning 22. Director of Public Works/City Engineer APPENDIX PAGE 3 */ */ */ */ */ */ 1,2,7 1,2,7 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 1,2,7 1,2,7 1,2,7 23. Executive Director, Community Development Commission 24. Fire Chief 25. Battalion Chief 26. Housing and Community Development Committee 27. Library Board of Trustees 28. Park Superintendent 29. Director of Personnel 30. Police Captain 31. Principal Librarian 32. Principal Planner 33. Project Area Committee 34. Purchasing Agent 35. Risk Manager 36. 37. 38. Consultants: Traffic Engineer Transit Director If designated in their contracts, for the categories specified in their contracts by the City Council, the CDC Board, City Manager, Exec. Director or Purchasing Agent. */ 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. APPENDIX PAGE 4 1,2,7 1,2,7 1,2,7 1,2,7 1,2,4,7 1,2,7 1,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7