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HomeMy WebLinkAboutResolution 2005-16 Revising the Conflict of Interest Code Pe N t CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: MAYOR JILL HARDY AND MEMBERS OF CITY COUNCIL FROM: JENNIFER McGRATH, City Attorney DATE: March 7, 2005 SUBJECT: LATE COMMUNICATION REGARDING MARCH 7, 2005 AGENDA IVM E-5, CONFLICT OF INTEREST CODE I am requesting this item be removed from the agenda in order to permit additional review of the identified job classifications. The existing Resolution No. 98-19 which identifies the Form 700 filers will stay in full force and effect. I have attached Ordinance No. 3391 and Resolution No. 98-19 for your reference. The Form 700 training scheduled for March 23 and March 24 will proceed as well. JENNIFER McGRATH City Attorney Attachments as above c: Joan Flynn, City Clerk Penelope Culbreth-Graft, City Administrator jmp/05memo/h9arch 7 (8) March 7, 2005 - Council/Agency Agenda - Page 8 Submitted by the Acting Information Services Director. Funding Source: The full cost of this contract is $46,800; however, Microsoft is funding $30,000 of the cost of the services. The balance ($16,800) is to be paid by the City of Huntington Beach. Funding for the Active Directory implementation project will be from salary (10042154.51000) and benefit (10042154.55000) savings in the Information Services Business Systems budget. Approved 7— 0 "E-5: (City'Council) Adopt Resolution No. 2005-16 Revising the Conflict of In ` Code Pertaining to Designated Employeesand Officials (630-:60) —Adopt Resolution No., 2005-16--"A Resolution of the City Council of the City of-'Huntington Beach, California Amending its Conflict of Interest Code." Submitted by the City Attorney. Funding Source: Revision of the Code will have little or no financial impact to the City. Any costs will come out of the General Fund.___ Deferred to a date uncertain.-, E-6. (City Council) Approve a Professional Services Contract between the City and Weule, Ballard & Mondo, LLP for Hearing Officer Services for Appeals Process of Property Tax Override Refunds and Authorize Appropriation of$76,000 from the Property Tax Override Refund Fund for Expenses Related to the Hearing Officer Contract ($20,000) and other Anticipated County Expenses Related to the Refund Process ($56,000) (600.10) — 1. Approve the Professional Services Contract Between the City of Huntington Beach and Weule, Ballard& Mondo, LLP for Hearing Officer Services and authorize the Mayor and City Clerk to execute the agreement; and 2. Authorize the appropriation of$56,000 from the undesignated Property Tax Override Refund Fund (707) balance to the Property Tax Override Refund expense account 70730101.69365 (contractual services) for expenses to the County for property tax database information; and 3. Authorize the appropriation of$20,000 from the undesignated Property Tax Override Refund Fund (707) to the Property Tax Override Refund expense account 70730101.69365 (contractual services) for the Hearing Officer Contract. Submitted by the City Attorney, the Finance Officer and the Acting Administrative Services Director. Funding Source: Property Tax Override Refund Undesignated Fund Balance (Fund 707— Fiscal Impact Statement attached). Mayor Pro Tem Sullivan asked for an update on funds expended thus far. Finance Officer Dan Villella reported and gave clarification on the appeal process. Approved 7— 0 E-7. (City Council) Approve Affordable Housing Agreement between the City and Team Delaware, LLC for a Six-Unit Condominium Project Located on the East Side of Delaware Street, South of Yorktown Avenue) (600.10) —Approve the Agreement Containing Covenants Affecting Real Property By and Between the City of Huntington Beach and Team Delaware, LLC, titled Declaration of Conditions, Covenants and Restrictions for Property (Resale Restrictions) and authorize the Mayor and City Clerk to sign and execute (Attachment No. 1). Submitted by the Planning Director. Funding Source: Not Applicable. Mayor Pro Tem Sullivan asked for an explanation of why this agreement is for only thirty years. Director Zelefsky reported. Motion to amend Recommended Action to include direction to the City Attorney to return to Council with a comparison of the existing density bonus ordinance as it applies to the 30-year affordability covenant160 year covenant. Approved 7— 0 Council/Agency Meeting Held: Deferre /Continued to:.2)� GtALOL44-r.J ❑Approved ❑ Conditionally Approved ❑ Denied y Cle k' ign to e Council Meeting Date: March 7, 2005 Departmen umber: CA 05-07 114EVEY . OtgT CX-"'—/lo CITY OF HUNTIN TON BEACH REQUEST FOR ACTION r` c_. SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL . SUBMITTED BY: JENNIFER MCGRA , ity Attorney PREPARED BY: JENNIFER MCGRA ity Attorney SUBJECT: Adopt Resolution No. abOS-�lo revising the Conflict of Interest Code , pertaining to designated employees and officials Etem:e:nt:o:f Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Adopt Resolution No WSA o revising the Conflict of Interest Code pertaining to designated employees and officials. Funding Source: Revision of the Code will have little or no financial impact to the City. Any costs will come out of the General Fund. Recommended Action: Adopt Resolution No. � A� y, A Resolution of the City Council of the City of Huntington Beach, California Amending its Conflict of Interest Code. Alternative Action(s): The Council can change the list of designated employees, boards, commissions, and committees (Exhibit B to the Resolution) by adding or deleting titles. However, adoption of a revised Conflict of Interest Code is mandated by state law. Analysis: State law mandates that the City adopt a Conflict of Interest Code requiring designated employees and members of City boards, commissions and committees to file a Statement of Economic Interest. The City's code does not apply to the City Council, City Treasurer, and City Attorney, among others, all of whom are required to file such Statements pursuant to State law. The City code applies only to those designated by the Council. Persons so designated are required to file a Statement upon assuming their position, an annual statement each April 1, and a Statement upon leaving their position. The code requires such persons to disqualify themselves from participating in decisions or influencing decisions in which they have a conflict. The City's Conflict of Interest Code' was most recently amended in 1998. Since then, employee job titles and descriptions have been added, deleted and changed and it is necessary to update the Code. Designated employees and boards, commissions and committees are shown on Exhibit "B" to the resolution. REQUEST FOR ACTION MEETING DATE: March 7, 2005 DEPARTMENT ID NUMBER: CA 05-07 The City Attorney staff will be presenting a training session for all filers on March 23rd and 241h 2005. Environmental Status: N/A Attachment(s): City'ClerWt JP;ko - Nmm'4or No., B o s 1 Resolution No. A Resolution of the City Council of the City of Huntington Beach, California Amending its Conflict of Interest Code RCA Author: PDA G:\RCA\2005\05 conflict code.DOC -2- 2/15/05 8:24 AM ATTACHMENT NO . 1 a RESOLUTON NO. Oy� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA a AMENDING ITS CONFLICT OF INTEREST CODE < WHEREAS, the Political Reform Act(Government Code Section 810' et seq.)requires state and local government agencies to adopt and promulgate conflict of interest codes; and The City of Huntington Beach has adopted a conflict of interest ode by Resolutions 4459, 98- 19, and 2002-105, and now desires to amend the code; and The Fair Political Practices Commission has adopted a regy lation (2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to con rm to amendments in the Political Reform Act, NOW, THEREFORE,the City Council of the Cit, of Huntington Beach hereby resolves as follows: SECTION 1. Regulation Section 18730. T,he terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and attached he to as Exhibit A. This regulation and the attached Exhibit B designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of Huntington Beach. SECTION 2. Filing of Statements! Designated officials and employees shall file their statements with the City Clerk which will ake the statements available for public inspection and reproduction. (Gov. Code Section 81008)Statements for all designated officials and employees will be retained by the City Clerk. SECTION 3. Designation /fpositions. The persons holding the position set forth in Exhibit B are designated officials and employees. The Council determines that such persons make or participate in the making of decisions which may foreseeably have a material effect on any financial interest as defined in Government Code Section 87103. SECTION 4. Exclusions. This code shall not apply to: (a) public officials specified in Government Code Section 87200, as is or may be l amended, including, but not limited to, members of the City Council, Planning Commissioners,the City Administrator, City Attorney, City Treasurer, and other public officials who manage public investments who are required to file aStatements of Economic Interests pursuant to state law; (b) persons required to file Statements of Economic Interests pursuant to regulations which have been or may be adopted by the Fair Political Practices Commission; I (c),!1 clerical, secretarial, manual, and ministerial employees. 03reso/conlict code-05 1 1 SECTION 5. Disclosure Required. Designated officials and employees as set/forth in Exhibit B shall file conflict of interest statements listing financial interests as follows: (a) investments and business positions in, and income from, business entities doing business in the City or entities which have a foreseeable interest in doing business in the City, including businesses responding to requests for proposals issued by the City, and businesses in contractual negotiations with the City. Such designated officials and employees shall also report interests in real property in the City or within two miles of the boundaries of the City or of/any property owned or used by the City. SECTION 6. Disqualification. Designated officials and employees must disqualify themselves from making or participating in the making of any decisions which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any reportable interest of that employee. No designated employee shall be prevented from making or participating in the making of a decision to the extent his or her participating is,-Aegally required for the decision to be made. �p SECTION 7. Manner of Disqualification. A designated employee required to disqualify himself or herself shall notify his or her supervisor in writing. This notice shall be forwarded to the City Clerk who shall record the employee's disqualification//Upon receipt of such statement,the supervisor shall immediately reassign the matter to another employee. In the case of a designated employee who i'�a member of a City board, commission or committee, notice of disqualification shall be given at the meeting during which consideration of the decision takes place and shall be made part of the official record of said board, commission, or committee. The member shall then refrain from participating and shall attempt in no way to use his or her official position to influence any other person with respect to the matter. SECTION 8. Previous Resolutions Repealed. City Council Resolutions 4459, 98-19, and any other Resolution or provision thereof in/conflict herewith is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the f day of 12005. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City A , mistrator ' ity Attorney I Mo INITIATED AND APPROVED: nj CA--� PityAttorney -!l S US I 03reso/conlictcode-05 2 EXHIBIT A 2 CA ADC § 18730 Page 1 2 CCR s 18730 Cal.Admin. Code tit.2, s 18730 are designated employees. It has been determined BARCLAYS OFFICIAL CALIFORNIA CODE that these persons make or participate in the making OF REGULATIONS of decisions which may foreseeably have a material TITLE 2.ADMINISTRATION effect on economic interests. DIVISION 6.FAIR POLITICAL PRACTICES COMMISSION (3)Section 3.Disclosure Categories. CHAPTER 7.CONFLICTS OF INTEREST ARTICLE 2.DISCLOSURE This code does not establish any disclosure This database is current through 01/14/2005,Register obligation for those designated employees who are 2005,No. 02. also specified in Government Code section 87200 if they are designated in this code in that same capacity s 18730.Provisions of Conflict of Interest Codes. or if the geographical jurisdiction of this agency is, the same as or is wholly included within the, (a) Incorporation by reference of the terms of this jurisdiction in which those persons must report their regulation along with the designation of employees economic interests pursuant to article 2 of chapter 7 and the formulation of disclosure categories in the of the Political Reform Act, Government Code Appendix referred to below constitute the adoption sections 87200, et seq. and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or In addition, this code does not establish any the amendment of a conflict of interest code within disclosure obligation for any designated employees the meaning of Government Code section 87306 if who are designated in a conflict of interest code for the terms of this regulation are substituted for terms another agency,if all of the following apply: of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the (A) The geographical jurisdiction of this agency is reporting of reportable items in a manner the same as or is wholly included within the substantially equivalent to the requirements of article jurisdiction of the other agency; 2 of chapter 7 of the Political Reform Act, Government Code, sections 84000, et seq. The (B) The disclosure assigned in the code of the other, requirements of a conflict of interest code are in agency is the same as that required under article 2 of addition to other requirements of the Political Reform chapter 7 of the Political Reform Act, Government Act, such as the general prohibition against conflicts Code section 87200;and of interest contained in Government Code section 87100, and to other state or local laws pertaining to (C) The filing officer is the same for both agencies. conflicts of interest. [FN1] (b) The terms of a conflict of interest code amended Such persons are covered by this code for or adopted and promulgated pursuant to this disqualification purposes only. With respect to all. regulation are as follows: other designated employees, the disclosure categories set forth in the Appendix specify which kinds (1)Section 1.Definitions. ofeconomicinterests are reportable. Such a designated employee shall disclose in his or her statement of The definitions contained in the Political Reform Act economic interests thoseeconomicinterests he or she of 1974, regulations of the Fair Political Practices has which are of the kind described in the disclosure Commission(2 Cal. Code of Regs. sections 18100, et categories to which he or she is assigned in the seq.), and any amendments to the Act or regulations, Appendix. It has been determined that are incorporated by reference into this conflict of theeconomicinterests set forth in a designated interest code. employee's disclosure categories are the kinds ofeconomicinterests which he or she foreseeably can (2)Section 2. Designated Employees. affect materially through the conduct of his or her office. The persons holding positions listed in the Appendix © 2005 Thomson/West.No Claim to Orig.U.S. Govt. Works. 2 CA ADC § 18730 Page 2 2 CCR s 18730 Cal.Admin. Code tit.2, s 18730 (4) Section 4. Statements of Economic Interests: Place of Filing. (1) File a written resignation with the appointing power;and The code reviewing body shall instruct all designated employees within its code to file (2) File a written statement with the filing officer statements of economic interests with the agency or declaring under penalty of perjury that during the with the code reviewing body, as provided by the period between appointment and resignation he or code reviewing body in the agency's conflict of she did not make, participate in the making, or use interest code. [FN2] the position to influence any decision of the agency or receive, or become entitled to receive, any form of (5) Section 5. Statements of Economic Interests: payment by virtue of being appointed to the position. Time of Filing. (6) Section 6. Contents of and Period Covered by (A) Initial Statements. All designated employees Statements of Economic Interests. employed by the agency on the effective date of this code, as originally adopted, promulgated and (A)Contents of Initial Statements. approved by the code reviewing body, shall file statements within 30 days after the effective date of Initial statements shall disclose any reportable this code. Thereafter, each person already in a investments, interests in real property and business position when it is designated by an amendment to positions held on the effective date of the code and this code shall file an initial statement within 30 days income received during the 12 months prior to the after the effective date of the amendment. effective date of the code. (B) Assuming Office Statements. All persons (B)Contents of Assuming Office Statements. assuming designated positions after the effective date of this code shall file statements within 30 days after Assuming office statements shall disclose any assuming the designated positions, or if subject to reportable investments, interests in real property and State Senate confirmation, 30 days after being business positions held on the date of assuming office nominated or appointed. or, if subject to State Senate confirmation or appointment, on the date of nomination, and income (C) Annual Statements. All designated employees received during the 12 months prior to the date of shall file statements no later than April 1. assuming office or the date of being appointed or nominated,respectively. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within (C) Contents of Annual Statements. Annual 30 days after leaving office. statements shall disclose any reportable investments, interests in real property, income and business (5.5) Section 5.5. Statements for Persons Who positions held or received during the previous Resign Prior to Assuming Office. calendar year provided, however, that the period covered by an employee's first annual statement shall Any person who resigns within 12 months of initial begin on the effective date of the code or the date of appointment, or within 30 days of the date of notice assuming office whichever is later, or for a board or provided by the filing officer to file an assuming commission member subject to Government Code office statement, is not deemed to have assumed section 87302.6, the day after the closing date of the office or left office, provided'he or she did not make most recent statement filed by the member pursuant or participate in the making of, or use his or her to 2 Cal. Code Regs. section 187.54. position to influence any decision and did not receive or become entitled to receive any form of payment as (D)Contents of Leaving Office Statements. a result of his or her appointment. Such persons shall not file either an assuming or leaving office Leaving office statements shall disclose reportable statement. investments, interests in real property, income and business positions held or received during the period (A) Any person who resigns a position within 30 between the closing date of the last statement filed days of the date of a notice from the filing officer and the date of leaving office. shall do both of the following: © 2005 Thomson/West.No Claim to Orig. U.S. Govt. Works. 2 CA ADC § 18730 Page 3 2 CCR s 18730 Cal.Admin. Code tit.2,s 18730 (7) Section 7.Manner of Reporting. gift; the amount or value of the gift; and the date on which the gift was received; Statements of economic interests shall be made on forms prescribed by the Fair Political Practices 5. In the case of a loan, the annual interest rate and Commission and supplied by the agency, and shall the security, if any, given for the loan and the term of contain the following information: the loan. (A)Investment and Real Property Disclosure. (C) Business Entity Income Disclosure. When income of a business entity, including income of a When an investment or an interest in real property sole proprietorship, is required to be reported, the [FN3]is required to be reported, the statement shall statement shall contain: contain the following: 1. The name, address, and a general description of 1. A statement of the nature of the investment or the business activity of the business entity; interest; 2. The name of every person from whom the 2. The name of the business entity in which each business entity received payments if the filer's pro investment is held, and a general description of the rata share of gross receipts from such person was business activity in which the business entity is equal to or greater than ten thousand dollars engaged; ($10,000). 3. The address or other precise location of the real (D) Business Position Disclosure. When business property; positions are required to be reported, a designated employee shall list the name and address of each 4. A statement whether the fair market value of the business entity in which he or she is a director, investment or interest in real property exceeds two officer, partner, trustee, employee, or in which he or thousand dollars ($2,000), exceeds ten thousand she holds any position of management, a description dollars ($10,000), exceeds one hundred thousand of the business activity in which the business entity is dollars ($100,000), or exceeds one million dollars engaged, and the designated employee's position with ($1,000,000). the business entity. (B) Personal Income Disclosure. When personal (E) Acquisition or Disposal During Reporting income is required to be reported, the statement shall Period. In the case of an annual or leaving office contain: -statement, if an investment or an interest in real property was partially or wholly acquired or disposed 1. The name and address of each source of income of during the period covered by the statement, the aggregating five hundred dollars ($500) or more in statement shall contain the date of acquisition or value, or fifty dollars ($50) or more in value if the disposal. income was a gift, and a general description of the business activity, if any,of each source; (8) Section-8.Prohibition on Receipt of Honoraria. 2. A statement whether the aggregate value of (A)No member of a state board or commission, and income from each source, or in the case of a loan,the no designated employee of a state or local highest amount owed to each source, was one government agency, shall accept any honorarium thousand dollars ($1,000) or less, greater than one from any source, if the member or employee would thousand dollars ($1,000), greater than ten thousand be required to report the receipt of income or gifts dollars ($10,000), or greater than one hundred from that source on his or her statement of economic thousand dollars($100,000); interests. This section shall not apply to any part-time member of the governing board of any public 3. A description of the consideration, if any, for institution of higher education, unless the member is which the income was received; also an elected official. 4. In the case of a gift, the name, address and Subdivisions (a), (b), and (c) of Government Code business activity of the donor and any intermediary Section 89501. shall apply to the prohibitions in this through which the gift was made; a description of the section. © 2005 Thomson/West.No Claim to Orig. U.S. Govt. Works. 2 CA ADC § 18730 Page 4 2 CCR s 18730 Cal.Admin. Code tit.2, s 18730 control. This subdivision shall not apply to loans This section shall not limit or prohibit payments, made by banks or other financial institutions or to advances, or reimbursements for travel and related any indebtedness created as part of a retail lodging and subsistence authorized by Government installment or credit card transaction, if the loan is Code section 89506. made or the indebtedness created in the lender's regular course of business on terms available to (8.1) Section 8.1. Prohibition on Receipt of Gifts in members of the public without regard to the elected Excess of$360. officer's official status. (A)No member of a state board or commission, and (D) No public official who is exempt from the state no designated employee of a state or local civil service system pursuant to subdivisions (c), (d), government agency, shall accept gifts with a total (e), (f), and (g) of Section 4 of Article VII of the value of more than $360 in a calendar year from any Constitution shall, while he or she holds office, single source, if the member or employee would be receive a personal loan from any person who has a required to report the receipt of income or gifts from contract with the state or local government agency to that source on his or her statement of economic which that elected officer has been elected or over interests. This section shall not apply to any part-time which that elected officer's agency has direction and member of the governing board of any public control. This subdivision shall not apply to loans institution of higher education, unless the member is made by banks or other financial institutions or to also an elected official. any indebtedness created as part of a retail installment or credit card transaction, if the loan is Subdivisions (e), (f), and (g) of Government Code made or the indebtedness created in the lender's section 89503 shall apply to the prohibitions in this regular course of business on terms available to section. members of the public without regard to the elected officer's official status. This subdivision shall not (8.2)Section 8.2. Loans to Public Officials. apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (A)No elected officer of a state or local government agency shall, from the date of his or her election to (E)This section shall not apply to the following: office through the date that he or she vacates office, receive a personal loan from any officer, employee, 1. Loans made to the campaign committee of an member, or consultant of the state or local elected officer or candidate for elective office. government agency in which the elected officer holds office or over which the elected officer's agency has 2. Loans made by a public official's spouse, child, direction and control. parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, (B)No public official who is exempt from the state niece, aunt, uncle, or first cousin, or the spouse of civil service system pursuant to subdivisions (c), (d), any such persons, provided that the person making (e), (f), and (g) of Section 4 of Article VII of the the loan is not acting as an agent or intermediary for Constitution shall, while he or she holds office, any person not otherwise exempted under this receive a personal loan from any officer, employee, section. member, or consultant of the state or local government agency in which the public official holds 3. Loans from a person which, in the aggregate, do office or over which the public official's agency has not exceed five hundred dollars ($500) at any given direction and control. This subdivision shall not time. apply to loans made to a public official whose duties are solely secretarial,clerical,or manual. 4. Loans made, or offered in writing,before January 1, 1998. (C)No elected officer of a state or local government agency shall, from the date of his or her election to (8.3)Section 8.3. Loan Terms. office through the date that he or she vacates office, receive a personal loan from any person who has a (A) Except as set forth in subdivision(B), no elected contract with the state or local government agency to officer of a state or local government agency shall, which that elected officer has been elected or over from the date of his or her election to office through which that elected officer's agency has direction and the date he or she vacates office, receive a personal © 2005 Thomson/West.No Claim to Orig. U.S. Govt. Works. 2 CA ADC § 18730 Page 5 2 CCR s 18730 Cal.Admin.Code tit.2,s 18730 loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the (B) This section shall not apply to the following terms of the loan, including the parties to the loan types of loans: agreement, date of the loan, amount of the loan,term of the loan, date or dates when payments shall be due 1. A loan made to the campaign committee of an on the loan and the amount of the payments, and the elected officer or a candidate for elective office. rate of interest paid on the loan. 2. A loan that would otherwise not be a gift as (B) This section shall not apply to the following defined in this title. types of loans: 3. A loan that would otherwise be a gift as set forth 1. Loans made to the campaign committee of the under subdivision (A), but on which the creditor has elected officer. taken reasonable action to collect the balance due. 2. Loans made to the elected officer by his or her 4. A loan that would otherwise be a gift as set forth spouse, child, parent, grandparent, grandchild, under subdivision (A), but on which the creditor, brother, sister, parent-in-law, brother-in-law, sister- based on reasonable business considerations, has not in-law, nephew, niece, aunt, uncle, or first cousin, or undertaken collection action. Except in a criminal the spouse of any such person, provided that the action, a creditor who claims that a loan is not a gift person making the loan is not acting as an agent.or on the basis of this paragraph has the burden of intermediary for any person not otherwise exempted proving that the decision for not taking collection under this section. action was based on reasonable business considerations. 3. Loans made, or offered in writing, before January 1, 1998. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in (C) Nothing in this section shall exempt any person bankruptcy. from any other provision of Title 9 of the Government Code. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the (8.4)Section 8.4. Personal Loans. Government Code. (A) Except as set forth in subdivision(B), a personal (9) Section 9. Disqualification. loan received by any designated employee shall become-a gift to the designated employee for the No designated employee shall make, participate in purposes of this section in the following making, or in any way attempt to use his or her circumstances: official position to influence the making of any governmental decision which he or she knows or has 1. If the loan has a defined date or dates for reason to know will have a reasonably foreseeable repayment, when the statute of limitations for filing material financial effect, distinguishable from its an action for default has expired. effect on the public generally, on the official or a member of his or her immediate family or on: 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later (A) Any business entity in which the designated of the following: employee has a direct or indirect investment worth two thousand dollars($2,000)or more; a.The date the loan was made. (B) Any real property in which the designated b. The date the last payment of one hundred dollars employee has a direct or indirect interest worth two ($100)or more was made on the loan. thousand dollars($2,000)or more; c. The date upon which the debtor has made (C) Any source of income, other than gifts and other payments on the loan aggregating to less than two than loans by a commercial lending institution in the hundred fifty dollars ($250) during the previous 12 regular course of business on terms available to the months. public without regard to official status, aggregating © 2005 Thomson/West.No Claim to Orig. U.S. Govt. Works. 2 CA ADC § 18730 Page 6 2 CCR s 18730 Cal.Admin. Code tit.2, s 18730 five hundred dollars ($500) or more in value determination not to act may be accompanied by provided to, received by or promised to the disclosure of the disqualifying interest. designated employee within 12 months prior to the time when the decision is made; (11) Section 11. Assistance of the Commission and Counsel. (D) Any business entity in which the designated employee is a director, officer, partner, trustee, Any designated employee who is unsure of his or her employee,or holds any position of management; or duties under this code may request assistance from the Fair Political Practices Commission pursuant to (E)Any donor of, or any intermediary or agent for a Government Code section 83114 and 2 Cal. Code donor of, a gift or gifts aggregating $360 or more Reds. sections 18329 and 18329.5 or from the provided to, received by, or promised to the attorney for his or her agency, provided that nothing designated employee within 12 months prior to the in this section requires the attorney for the agency to time when the decision is made. issue any formal or informal opinion. (9.3)Section 9.3. Legally Required Participation. (12)Section 12. Violations. No designated employee shall be prevented from This code has the force and effect of law. Designated making or participating in the making of any decision employees violating any provision of this code are to the extent his or her participation is legally subject to the administrative, criminal and civil required for the decision to be made. The fact that the sanctions provided in the Political Reform Act, vote of a designated employee who is on a voting Government Code sections 81000-91014.In addition, body is needed to break a tie does not make his or her a decision in relation to which a violation of the participation legally required for purposes of this disqualification provisions of this code or of section. Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to (9.5) Section 9.5. Disqualification of State Officers Government Code section 91003. and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall 1 make,participate in making, or use his or her official position to influence any governmental decision Designated employees who are required to file directly relating to any contract where the state statements of economic interests under any other administrative official knows or has reason to know agency's conflict of interest code, or under article 2 that any party to the contract is a person with whom for a different jurisdiction, may expand their the state administrative official, or any member of his statement of economic interests to cover reportable or her immediate family has, within 12 months prior interests in both jurisdictions, and file copies of this to the time when the official action is to be taken: expanded statement with both entities in lieu of filing separate and distinct statements, provided that each (A)Engaged in a business transaction or transactions copy of such expanded statement filed in place of an on terms not available to members of the public, original is signed and verified by the designated regarding any investment or interest in real property; employee as if it were an original. See Government or Code section 81004. (B)Engaged in a business transaction or transactions 2 on terms not available to members of the public regarding the rendering of goods or services totaling See Government Code section 81010 and 2 Cal. in value one thousand dollars($1,000)or more. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain (10)Section 10. Disclosure of Disqualifying Interest. copies of statements and forward the originals to the filing officer. When a designated employee determines that he or she should not make a governmental decision 3 because he or she has a disqualifying interest in it,the © 2005 Thomson/West.No Claim to Orig. U.S. Govt. Works. 2 CA ADC § 18730 Page 7 2 CCR s 18730 Cal.Admin. Code tit. 2, s 18730 For the purpose of disclosure only (not her spouse but does not include salary or disqualification), an interest in real property does not reimbursement for expenses received from a state, include the principal residence of the filer. local or federal government agency. 4 6 Investments and interests in real property which Income of a business entity is reportable if the direct, have a fair market value of less than $2,000 are not indirect or beneficial interest of the filer and the investments and interests in real property within the filer's spouse in the business entity aggregates a 10 meaning of the Political Reform Act. -However, percent or greater interest. In addition, the disclosure investments or interests in real property of an of persons who are clients or customers of a business individual include those held by the individual's entity is required only if the clients or customers are spouse and dependent children as well as a pro rata within one of the disclosure categories of the filer. share of any investment or interest in real property of any business entity or trust in which the individual, <General Materials(GM)-References,Annotations, spouse and dependent children own, in the aggregate, or Tables> a direct, indirect or beneficial interest of 10 percent or greater. 5 Note: Authority cited: Section 83112. Government A designated employee's income includes his or her Code. Reference: Sections 87103(e), 87300-87302, community property interest in the income of his or 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) . © 2005 Thomson/West.No Claim to Orig.U.S. Govt. Works. 2 CA ADC § 18730 Page 8 2 CCR s 18730 Cal.Admin. Code tit.2, s 18730 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 Notefiled 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 Historyll 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 Notefiled 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) . © 2005 Thomson/West.No Claim to Orig. U.S. Govt. Works. 2 CA ADC § 18730 Page 9 2 CCR s 18730 Cal.Admin. Code tit.2,s 18730 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 Notefiled 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 filing pursuant toFair 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 toFair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, © 2005 Thomson/West.No Claim to Orig.U.S. Govt. Works. 2 CA ADC § 18730 Page 10 2 CCR s 18730 Cal.Admin. Code tit.2,s 18730 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 toFair 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 History24 (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) . 2 CA ADC s 18730 END OF DOCUMENT © 2005 Thomson/West.No Claim to Orig.U.S. Govt. Works. EXHIBIT B EXHIBIT B DESIGNATED EMPLOYEES Accountant Deputy City Attorney 11 Accounting Technician Supervisor Deputy City Attorney III Alarm Services Coordinator Deputy City Engineer Assistant City Administrator Deputy City Treasurer Assistant City Attorney Deputy Director of Public Works Assistant City Clerk Deputy Director of Recreation/Beach Develop. Assistant Economic Devel. Project Manager Development Specialist Assistant Planner Director of Administrative Services Associate Civil Engineer Director of Building and Safety Associate Planner Director of Community Services Associate Traffic Engineer Director of Economic Development Beach Operations Supervisor Director of Information Services Building Inspector I Director of Library Services Building Inspector II Director of Planning Buyer Director of Public Works Chief Criminalist Economic Development Project Manager City Clerk Electrical Inspector, Principal City Engineer Emergency Services Coordinator Civil Engineering Assistant Field Service Representative Civilian Clerk Investigator Fire Division Chief Code Enforcement Officer I Fire Protection Analyst Code Enforcement Officer II Hazardous Materials Program Specialist Combination Structural Inspection Supervisor Housing/Redevelopment Manager Community Services Recreation Supervisor Information Systems Communications Manager Contract Administrator Inspection Manager Crime Scene Investigator Landscape Architect Deputy City Attorney I 03reso/conlict code-05 I EXHIBIT B Neighborhood Preservation Program Manager Senior Deputy City Attorney Park Maintenance Supervisor Senior Librarian Parking and Camping Facility Supervisor Senior Planner Permit and Plan Check Supervisor Senior Water Construction Inspector Permit Technician Senior Workers Compensation Claims Examiner Planning Aide Street and Building Maintenance Supervisor Planning Manager Transportation Manager Police Captain Utilities Manager Police Chief Warehousekeeper Police Lieutenant Water Construction Inspector Principal Accountant Water Production Supervisor Principal Administrative Analyst Workers Compensation Claims Examiner Principal Civil Engineer Workers Compensation Claims Supervisor Principal Electrical Inspector Principal Planner Principal Plumbing/Mechanical Inspector Public Information Officer Public Safety Systems Manager Purchasing and Central Services Manager Real Estate Services Manager Real Property Agent Records Administrator(Police) Recreation/Human Cultural Services Superintendent Senior Accountant Senior Accounting Technician Senior Code Enforcement Officer 03reso/conlict code-05 2 EXHIBIT B BOARDS, COMMISSIONS AND COMMITTEES Board of Appeals Convention and Visitors Bureau Design Review Board Finance Board Investment Advisory Board Personnel Commission Public Works Commission PURCHASING OFFICIALS All employees, officers or consultants who have approval authority for any contract, agreement or purchase order, or who are authorized to make any purchases of goods and services on behalf of the City. CONSULTANTS Consultants shall be included in the list of designated officials and employees and shall disclose interests subject to the following limitation: The City Administrator may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and this is not required to fully comply with the disclosure requirements described in Section 5 above. Such written determination shall include a description of Consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 03reso/conlict code-OS 3 EXHIBIT B RCA ROUTING SHEET , INITIATING DEPARTMENT: City Attorney SUBJECT: Adopt Resolution No. revising the Conflict of Interest Code pertaining to designated employees and officials COUNCIL MEETING DATE: March 7, 2005 A A ATT A H EN 0 " Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Finding /Conditions for Approval and/or Denial Not Applicable--, R Xf A C-H I MMSING ATT ME'NTS F6 REVW RDE Administrative Staff 33 Assistant City Administrator (Initial) City Administrator (initial) City Clerk 6 E)(PLA RETURN ,2k1-zA1)c,e- or Mir -Tr�, > (Belpw Spaco,For C' C rk�s Use Only) 10 I LH 144 RCA Author: 6 psi (AJSY;1