HomeMy WebLinkAboutCC RESO 2018-171 (2)RESOLUTION NO. 2018 — 171
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ACCEPTING THE WRITTEN STATEMENT THAT NO FURTHER CHANGES
ARE NEEDED AT THIS TIME TO THE CONFLICT OF INTEREST CODE
WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES
COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE,
CURRENTLY IN EFFECT THROUGH RESOLUTION NO. 2016-131
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 standard
model Conflict of Interest Code, 2 California Code of Regulations Section 18730, 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 adopted the standard model and
amended its Conflict of Interest Code in 2016 by Resolution Number 2016-131; and
WHEREAS, Section 87306.5 of the Act requires that no later than October 1 of
each even -numbered year, the code reviewing body (the City Council is the "code reviewing
body" for all agencies in the City, including the CDC) shall cause a review of its conflict of
interest code to occur, and for the code to be amended if necessitated by changed
circumstances; and
WHEREAS, the City has reviewed it's current Conflict of Interest Code to
determine whether any changes are necessitated by current circumstances; and
WHEREAS, upon review of the current Conflict of Interest Code, the City has
determined that no further changes are needed at this time.
NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the written
statement that no further change is needed to the current Conflict of Interest Code adopted by
Resolution Number 2016-131.
ATTEST:
PASSED and ADOPTED this 18th day of Segten'il5jer, 2018.
Aaid/(1k
Michael R. Dalla, ty Clerk
n Morrison, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
Nicole Pedone
Acting City Attorney
RESOLUTION NO. 2016 — 131
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. 2012-192
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
California 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 California 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. 2012-192 is hereby rescinded.
PASSED and ADOPTED this 6th day of Septembb016.
on Morison, Mayor
ATTEST:
Michael R. Dalla, Cit Clerk
ROVED AS TO FO
Claudia .citu: Silva
City Atto
EXHIBIT A
APPENDIX
CONFLICT OF INTEREST CODE FOR THE CITY OF NATIONAL CITY,
THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF NATIONAL CITY — HOUSING AUTHORITY, AND
THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY
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 effected 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 that
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 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."
Resolution No. 2016-131 1 Conflict of Interest Code
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 that 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, materials, machinery, or equipment.
CATEGORY 6: Investments in business entitles 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:
DESIGNATED POSITION
DISCLOSURE
CATEGORIES
1. Mayor, Councilmembers */
2. Chairman and Members of the Community Development
Commission
3. Chairman and Members of the Successor Agency to the
Community Development Commission as the National City
Redevelopment Agency
*/
4. City Manager */
5. City Attorney/ Community Development Commission
Attorney/Successor Agency Attorney
6. City Treasurer
7. Director of Administrative Services
*/
*/
*/
Resolution No. 2016-131 2 Conflict of Interest Code
DESIGNATED POSITION
DISCLOSURE
CATEGORIES
8. Director of Finance
9. Financial Services Officer
10. Planning Commission
11. Advisory and Appeals Board
12. Assistant City Attorney/Senior Assistant City Attorney
13. Assistant Chief of Police
14. Assistant City Manager
15. Assistant Engineer - Civil
16. Assistant Director of Public Works/Engineering
17. Associate Engineer - Civil
18. Building Inspector
19. Building Official
20. City Clerk (includes Records Management Officer)
21. City Engineer
22. City Librarian
23. Civil Service Commission
24. Community and Police Relations Commission
25. Community Development Program Manager
26. Community Development Specialist 11
27. Community Development Specialist III
28. Community Services Director
29. Deputy City Attorney
30. Deputy City Manager
31. Deputy Director of Finance
32. Deputy Director of Human Resources
33. Director of Building and Safety
*1
*I
*/
1, 2, 3, 4, 5, 6, 7
1,2,3,4,5,6,7
1, 2, 3, 4, 5, 6, 7
1,2,3,4,5,6,7
1, 2, 3, 4, 5, 6, 7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1, 2, 3, 4, 5, 6, 7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1, 2, 3, 4, 5, 6, 7
1, 2, 3, 4, 5, 6, 7
1, 2, 3, 4, 5, 6, 7
1, 2, 3, 4, 5, 6, 7
1, 2, 3, 4, 5, 6, 7
1, 2, 3, 4, 5, 6, 7
1, 2, 3, 4, 5, 6, 7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
Resolution No. 2016-131 3 Conflict of Interest Code
DESIGNATED POSITION
DISCLOSURE
CATEGORIES
34. Director of Community Development
35. Director of Emergency Services
36. Director of Housing and Economic Development
37. Director of Human Resources
38. Director of Neighborhood Services
39. Director of Planning
40. Director of Public Works
41. Equipment Maintenance Supervisor
42. Executive Assistance III
(When assigned to Mayor's, City Manager's, or City Attorney's Office)
1, 2, 3, 4, 5, 6, 7
1, 2, 3, 4, 5, 6, 7
1, 2, 3, 4, 5, 6, 7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,4,5,7
43. Executive Assistance IV 1, 2, 4, 5, 7
(When assigned to Mayor's, City Manager's, or City Attorney's Office)
44. Executive Director: Community Development Commission - 1, 2, 3, 4, 5, 6, 7
Housing Authority, and Successor Agency to the Community
Development Commission as the National City Redevelopment
Agency
45. Facilities Maintenance Supervisor 1, 2, 3, 4, 5, 6, 7
46. Fire Battalion Chief 1, 2, 3, 4, 5, 6, 7
47. Fire Chief 1, 2, 3, 4, 5, 6, 7
48. Housing and Community Development Committee 1, 2, 3, 4, 5, 6, 7
49. Housing Program Manager 1, 2, 3, 4, 5, 6, 7
50. Library Board of Trustees 1, 2, 3, 4, 5, 6, 7
51. Management Analyst I 1, 2, 3, 4, 5, 6, 7
52. Management Analyst II 1, 2, 3, 4, 5, 6, 7
53. Management Analyst III 1, 2, 3, 4, 5, 6, 7
54. MIS Manager 1, 2, 3, 4, 5, 6, 7
55. Neighborhood Council Coordinator 1, 2, 3, 4, 5, 6, 7
56. Neighborhood Services Manager 1, 2, 3, 4, 5, 6, 7
57. Nutrition Program Manager 1, 2, 3, 4, 5, 6, 7
Resolution No. 2016-131 4 Conflict of Interest Code
DESIGNATED POSITION
DISCLOSURE
CATEGORIES
58. Park Superintendent
59. Park Supervisor
60. Police Captain
61. Police Chief
62. Police Lieutenant
63. Police Support Services Manager
64. Principal Civil Engineer
65. Principal Librarian
66. Principal Planner
67. Project Officer
68. Property Agent
69. Public Art Committee
70. Purchasing Agent
71. Recreation Superintendent
72. Risk Manager
73. Senior Accountant
74. Senior Building Inspector
75. Senior Code Conformance Officer
76. Street and Wastewater Superintendent
77. Street Maintenance Supervisor
78. Traffic Engineer
79. Wastewater Supervisor
80. Consultants: If designated in their contracts, for the categories
specified in their contracts by the City Council, the CDC Board, City
Manager, Executive Director or Purchasing Agent.
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1, 2, 3, 4, 5, 6, 7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1, 2, 3, 4, 5, 6, 7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
1,2,3,4,5,6,7
*/ These positions file disclosure statements as required by Government Code Sections
87200-87210. They are listed here for disqualification purposes only. See Government Code
Section 87200 for disclosure requirements.
Resolution No. 2016-131 5 Conflict of Interest Code
Passed and adopted by the Council of the City of National City, California, on
September 6, 2016 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
l HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2016-131 of the City of National City, California, passed and
adopted by the Council of said City on September 6, 2016.
City Clerk of the City of National City, California
By:
Deputy
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of
Regulations.)
§ 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
Section 87300 or the amendment of a conflict of interest code within the meaning of Section
87306 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, 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 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 (Regulations 18110, 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.
1
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 economic interests.
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees
who are also specified in 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 economic interests pursuant to article 2 of
chapter 7 of the Political Reform Act, 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:
(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, Section 87200; and
(C) The filing officer is the same for both agencies. I
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 economic interests are reportable. Such a designated employee shall disclose in his or
her statement of economic interests those economic 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 economic interests set forth in a designated employee's disclosure categories
2
are the kinds of economic 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. If a person reports for military service as defined in the Servicemember's Civil Relief
Act, the deadline for the annual statement of economic interests is 30 days following his or her
return to office, provided the person, or someone authorized to represent the person's interests,
notifies the fling officer in writing prior to the applicable filing deadline that he or she is subject
to that federal statute and is unable to meet the applicable deadline, and provides the filing
officer verification of his or her military status.
3
(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.
4
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 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, or for a board or commission member subject to Section 87302.6, the day after the
closing date of the most recent statement filed by the member pursuant to Regulation 18754.
(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 property 3 is required to be reported, 4 the
statement shall contain the following:
1. A statement of the nature of the investment or interest;
5
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
equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
(B) Personal Income Disclosure. When personal income is required to be reported, 5
the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or
$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 $1,000 or less, greater than $1,000, greater
than $10,000, or greater than $100,000;
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
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 reported, 6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business
entity;
6
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 $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 or
local government 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 (a), (b), and (c) of Section 89501 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 subsistence authorized by Section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $460.
7
(A) No member of a state board or commission, and no designated employee of a state or
local government agency, shall accept gifts with a total value of more than $460 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 (e), (f), and (g) of 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
subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while
he or she holds office, receive a personal 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 vacates office, receive a personal loan from
any person who has a contract with the state or local government agency to which that elected
8
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 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 status.
(D) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII 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 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 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 status. This subdivision shall not apply to loans made to a public
official whose duties' are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective
office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild,
brother, sister, parent-iri-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first
cousin, or the spouse of any such persons, provided that the person making the loan is not acting
as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
9
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 $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 payments, 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 or her spouse, child, parent, grandparent,
grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
uncle, or first cousin, or the spouse of any such person, provided that the person 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 Code.
(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:
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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 the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less
than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign 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 considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this
paragraph has the burden of proving that the decision 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
discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9
of the Government Code.
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(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,
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 $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest
worth $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 $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 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
$460 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 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
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made. The fact that the vote of a designated employee who is on a voting body is needed to break
a tie does not makehis 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 $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 because he or she has a disqualifying interest in it, the determination not to act may be
accompanied by disclosure 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 Commission pursuant to Section 83114 and
Regulations 18329 and 18329.5 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.
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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, Sections 81000-91014. In addition, a decision in relation to which a
violation of the disqualification provisions of this code or of Section 87100 or 87450 has
occurred may be set aside as void pursuant to Section 91003.
1 Designated employees who are required to file statements of economic interests under any
other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand
their statement of economic interests to cover reportable interests in both jurisdictions, and file
copies of this expanded statement with both entities in lieu of filing separate and distinct
statements, provided that each copy of such expanded statement filed in place of an original is
signed and verified by the designated employee as if it were an original. See Section 81004.
2 See Section 81010 and Regulation 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.
A Investments and interests in real property which have a fair market value of less than $2,000
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
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dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or
greater.
5 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.
6 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 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.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-
87302, 89501, 89502 and 89503, 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).
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).
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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).
9. 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).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96,
No. 13).
16
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B),
and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to
Government 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
of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d)
(Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 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 Code of Regulations, section 18312(d) and (e) (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 filin4 pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(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 Civil C010924, California Court of Appeal, Third
17
Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004,
No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and
(b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4
(Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register
2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18-
2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) fled 10-31-2008; operative
11-30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
18
District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements and not subject to procedural or
substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements and not subject to procedural or substantive review by
OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C),
(b)(8.1)-(b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative
2-7-2013. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office
of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements and not subject to procedural or substantive review by
OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014;
operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OALforfiling and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
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