HomeMy WebLinkAboutResolution 46-91 RESOLUTION NO. 46-91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA
ADOPTING AN AMENDED CONFLICT
OF INTEREST CODE
WHEREAS, the City Council of the City of Atascadero has
previously adopted a Conflict of Interest Code to apply to certain
officers and employees of the City (Resolution No. 10-80) ; and
WHEREAS, the City Council of the City of Atascadero desires to
amend the Conflict of Interest Code to make it applicable to all
commission and committee members and certain additional public
officials.
NOW, THEREFORE, the City Council of the City of Atascadero
does resolve as follows:
Section 1. That the attached Conflict of Interest Code be,
and hereby is, adopted as the Conflict of Interest Code for the
City of Atascadero.
Section 2. Any and all previously adopted Conflict of
Interest Code or codes for the City of Atascadero, including but
not limited to Resolution No. 10-80 (Chapter 15, Section 2-15.01
through 2-15. 05, as amended) , are hereby rescinded.
On motion by Councilmember Nimmo, seconded by Councilmember
Dexter, the foregoing resolution is hereby adopted in its entirety
on the following roll call vote:
AYES: Councilmembers Borgeson, Shiers, Nimmo, Dexter and Mayor
Lilley
NOES: None
ABSENT: None
ADOPTED: June 11, 1991
ATTEST: CITY OF ATASCADI
ci—m-- 6 ( -' By
LEE OIN, Ci y Clerk R ERT B. LILLEY ayor
APPROVED AS TO FORM:
ART MONTAND N, i y ttorne
ATTACHMENT
RESOLUTION NO. 46-91
CONFLICT OF INTEREST CODE
OF THE
CITY OF ATASCADERO
SECTION 1. impose. Pursuant to the provisions
of Government Code Sections 87300, et se . , the City of
Atascadero (hereinafter-referred to as "`City") hereby adopts
the following Conflict of Interest Code. The provisions of
this Code are in addition to those contained in Title 9,
Chapter 7 of the Government Code (Section 87100 et se . ) .
Except as otherwise indicated, the definitions contained
in-the Political Reform Act at Title 9, Chapter 2 of the
Government Code (Section 82000 et seq. ) regulations of the
Fair Political Practices Commission (2 California Code
Regulations section 18100 gt sea.) and any amendments to the
Act or regulations are incorporated herein and apply to this
Code. It is the purpose of this Code to provide for the
disclosure of assets and income of designated employees
which may be materially affected by their official actions,
and, in appropriate circumstances, to provide that
designated employees should be disqualified from acting in
order that conflicts of interest may be avoided.
SECTION 2. Designated Positions. The positions
listed in Exhibit "All are designated positions. officers
and employees holding those positions are designated
employees and are deemed to make or participate in the
making of decisions which may foreseeably have a material
effect on a financial interest. This Code does not
establish any disclosure obligation for those individuals
specified in Government Code section 87200; such persons are
covered by this Code only for disqualification purposes and
all provisions of Section 6 herein relating to f'designated
employees" are applicable to such individuals.
SECTION 3. Disclosure Statements. Designated
positions shall be assigned to one or more of the disclosure
categories set forth in Exhibit "B". Each designated
employee or official shall file an annual statement
disclosing ' that employee's or official's interest in
investments, business positions, interests in real property
and source of income designated is reportable under the
category to which the employee's or official's position is
assigned in Exhibit '"B".
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SECTION 4. Place and Time Filing.
(a) All designated employees or officials required
to submit a statement of financial interests shall file the
original with the City Clerk's office. Designated employees
or officials who are required to file statements of
financial interests under any other agency's conflict of
interest code, or for a different jurisdiction, may expand
their statement of financial 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. Each copy of such
expanded statement must be signed and verified by the
designated individual.
(b) The City Clerk's office shall make and retain
a copy of the statement.
(c) A designated employee or official required to
submit an initial statement of financial interests shall
submit the statement within 30 days after the effective date
of this Code, disclosing interests held including reportable
investments, business positions, and interests in real
property on the effective date of this Code, and income
received during the twelve (12) months prior to the
effective date of this Code.
(d) All persons appointed, promoted, or
transferred to designated positions shall file initial
statements not more than 30 days after assuming office.
(e) The first statement of financial interests
filed by a designated employee shall disclose the designated
employee's reportable investments, business positions, and
interests in real property as those investments, positions,
and interests in real property exist as of the effective
date of this Code or the date the designated employee
assumed office, whichever is later, and income received
during the preceding twelve (12) months.
(f) Annual statements shall be filed by March 30th
of each year by all designated employees or officials. Such
statements shall disclose reportable investments, business
positions, interests in real property, and income held or
received at any time during the previous calendar year or
since the designated employee took office if during the
calendar year.
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(g) Every designated employee who leaves office
shall file, within 30 days of leaving office, a statement
disclosing reportable investments, business positions,
interests in real property, and income held or received at
any time during the period between the closing date of the
last statement required to be filed and the date of leaving
office.
(h) A designated employee who resigns his or her
position within 30 days following initial appointment is not
deemed to assume or leave office, provided that during the
period between appointment and resignation the individual
does not make, participate in making, or use the position to
influence any decision of the city or receive or become
entitled to receive any form of payment by virtue of being
appointed to the position.
SECTION S. Contents of Disclosure Statements.
Disclosure statements shall be made on forms supplied by the
City Clerk's office and shall contain the following
informations
(i) Contents of Investment and Real Property
Reports. When an investment or an interest in real property
is required to be disclosed, the statement shall contain:
(1) A statement of the nature of the
investment or interest;
(2) The name of the business entity in which
each investment is held and a general description of the
business activity in which the business entity is engaged;
(3) The address or other precise location of
the real property;
(4) A statement whether the fair market value
of the investment or, interest in real property equals or
exceeds one thousand dollars ($1,000) but does not exceed
ten thousand dollars ($1.0,000) , whether it exceeds ten
thousand dollars ($10,000) but does not exceed one hundred
thousand dollars ($100,000) , or whether it exceeds one
hundred thousand dollars ($100,000) .
For purposes of disclosure, H interest in real
property" does not include the principal residence of the
designated employee or any other property which the
designated employee utilizes exclusively as the employee's
personal residence.
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Investments and interests in real property which
have a fair market value of less than $1,000 are not
investments and interests in real property within the
meaning of the Political Reform Act. However, investments
or interests in real 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 dependent children own, in the
aggregate, a direct, indirect or beneficial interest of 10
percent or greater.
(j) gontgntg of Personal Income RegoX:ts: When
personal income is required to be disclosed under this
Code or pursuant to the Political Reform Act, the statement
shall contains
(1) The name and address of each source of
income aggregating two hundred fifty dollars ($250) or more
in value, or fifty dollars ($50) or more in value if the
income was a gift, and a general description of the business
activity, if any, of each source;
(2) A statement whether the aggregate value
of income from each source, or, in the case of a loan, the
highest amount owed to each source, was at least two hundred
fifty dollars ($250) but did not exceed one thousand dollars
($1,000) , whether it was in excess of one thousand dollars_
($1, 000) but not greater than ten thousand dollars
($10,000) , or whether it was greater than ten thousand
dollars ($10,000) ;
(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 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.
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government Code (Section 82030) . That definition is
attached hereto as Exhibit NCO.
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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.
(k) Contents of Busipagg Entity Reports. When the
designated employee's pro rata share of income to a business
entity, including income to a sole proprietorship, is
required to be reported, the statement shall contain:
(1) The name, address, and a general
description of the business activity of the business entity;
(2) The name of every person from whom the
business entity received payments if the designated
employee's pro rata share of gross receipts from such person
was equal to or greater than ten thousand dollars ($10, 000)
during a calendar year
(3) Income of a business entity is required
to be reported only if the direct, indirect, or beneficial
interest of the designated employee and his or her spouse in
the business entity aggregates a ten (10) percent or greater
interest. In addition, for purposes of subparagraphs 2 and
3 of this subsection, the disclosure (of persons who are
clients or customers of a business entity is required only
if it is reasonably foreseeable that the client or customer
may be materially affected by the decisions of the
designated employee;
(1) Contents of Business Position Disclosure.
when business positions are required to be reported, the
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 entity
in which the business is engaged, and the designated
employee's position with the business entity;
(m) Acquisition or Disposal During a Calendar
Year. If any otherwise reportable investment or 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.
SECTION 6. Disgualificat on. Designated
employees shall disqualify themselves from making,
participating in the making of, or in any way using their
official position to influence a governmental decision when
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it is reasonably foreseeable that the decision will have a
material financial effect distinguishable from its effect on
the public generally, on the designated employee, or a
member of his or her immediate family, or on:
(n) Any business entity in which the designated
employee has a direct or indirect investment worth one
thousand dollars ($1,000) or more;
(o) Any real property in which the designated
employee has a direct or indirect interest worth one
thousand dollars ($1,000) or more;
(p) Any source of income, other than gifts and
other than Loans by a commercial lending institution in the
regular course of business on terms available to the public
without regard to official status, aggregating two hundred
fifty dollars ($250) or more in value provided to, received
by or promised to the designated employee within 12 months
prior to the time when the decision is made;
(q) Any business entity in which the designated
employee is a director, officer, partner, trustee, employee,
or holds any position of management; or
(r) Any donor of, or any intermediary or agent for
a donor of, a gift or gifts aggregating two hundred fifty
dollars ($250) or more in value provided to, received by, or
promised to the designated employee within twelve (12)
months prior to the time when the decision is made.
For purposes of this section, indirect investment
or interest means-any investment or interest owned by the
spouse or dependent child of a designated employee, by an
agent on behalf of a designated employee, or by a business
entity or trust in which the designated employee, the
designated employee's agents, spouse, and dependent children
own directly, indirectly, or beneficially a ten (10) percent
interest or greater.
No designated employee shall be required to
disqualify himself or herself with respect to any matter
which could not legally be acted upon or decided without his
or her participation. If a person is legally required to
participate, such individual shall:
(1) disclose as a matter of public record the
existence of the financial interest;
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(2) describe with particularity the nature of
the financial interest before participating in making the
decision;
(3) state the reason there is; no alternative
source of decision-making authority; and
(4) participate only as required by law where
participation is legally required for the agency to act.
The fact that the vote of a designated employee who is a
member of a voting body is needed to break a tie does not
make his or her participation legally required. A person is
not legally required to participate if it would have been
possible to convene a quorum made up of ' a majority of
other members of the agency who are not disqualified under
Government Code sections 87100, whether or not such other
members are actually present at the time of disqualification
(California Code Reg. 518701) .
A designated employee required to disqualify
himself or herself shall notify the City Manager and the
City Clerk in writing, and the City Clerk shall record the
person's disqualifications. In the case of a voting body,
this determination and disclosure of the disqualifying
interest shall be made a part of the agency's official
. .record.
SECTION 7. Assistance of the Commission and
Counsel. Any designated employee who is unsure of his or
her duties under this Code may request assistance from the
Fair Political Practices commission pursuant to Government
Code Section 83114 or from the attorney for his or her
agency, provided that nothing in this section requires the
attorney for the agency to issue any formal or informal
opinion.
SECTION S. Violations. This Code has the force
and effect of law. Designated employees violating any
provision of this Code are subject to the administrative,
criminal and civil sanctions provided in the Political
Reform Act, Government Code Sections 810.00-91014. In
addition, a decision in relation to which a violation of the
disqualification provisions of this Cade or of Government
Code Section 87100 or 87450 has occurred may be set aside as
void pursuant to Government Code Section 91003.
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ZXHI BIT '"'Af
DESIGNATED EMBLOYEES AND DISCLOSURE CATEGORIES
The following positions entail the making or
participation in the making of decisions which may
foresseably have a material effect on financial interests:
Donated Position Disclosure Categories
Building Inspector 1
City Attorney, Assistant 1
City Clerk 1
City Engineer 1
City Managel,, Assistant 1
Consultants 1
Community Development Director 1
City Planner 1
Director of Community. Services,
Assistant 1
Senior planner 1
Consultants shall be included in the list of designated
employees and shall disclose pursuant to the broadest
disclosure category in the code subject to the following
limitations.
The City Manager/Executive Officer 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
requirement described in this Section. Such written
determination shall include a description of the
consultant's duties and, based upon that
description, a statement of the extent of
disclosure requirements. The City
Manager's/Executive officer's determination is a
public record and shall be retained for public
inspection by the City Clerk in the same manner and
location as this Conflict of Interest Code.
.g_
Exempt Officials 1
Fire Chief 1
Police Chief 1
public Works Director 1
Senior Civil Engineer 1
Members of all permanent City
Commissions, Hoards and
Committees not otherwise required
to file Conflict of Interest 1
Statements
Fire Captain 2
Police Lieutenant 2
Police Sergeant 2
Chief Waste Water Operator 2
Streets Supervisor 2
Exempt Officials include:
The Mayor, City Council, Members of the planning
Commission, City Manager, city Attorney, Director
of Finance and Assistant Director of Finance who
are all required to file disclosure statements
pursuant to state law and thus are not specifically
listed herein. If State law or regulations exempt these
officials from filing Conflict of Interest statements,
then they shall file the form appropriate for their
positions, Disclosure Category I.
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EXHIBIT "B"
CATEGORIES OF REPORTABLE ECONOMIC INTERESTS
Designated Persons in Category "1" Must Re o
All investments, interests in real property, income, and
any business entity in which the person is a director, officer,
partner, trustee, employee, or holds any position of management.
These financial interests are reportable only if located within
and subject to the jurisdiction of the City, or if the business
entity is doing business or planning to do business in an area
subject to the jurisdiction of the City, or has done business
within an area subject to the jurisdiction of the City at any time
during the two years prior to the filing of the statement.
Designated Persons in Catgg= N2• dust R2g=:
(a) All investments in zeal property located within or subject to
the jurisdiction of the City.
(b) Investments in any business entity which within the last two
years has contracted or in the future foreseeably may contract
with the City.
(c) Income from any source which within the last two years has
contracted or in the future foreseeably may contract with the
City.
(d) His or her status as a director, officer, partner, trustee,
employee, or holder of a position of management in any
business entity which within the last two years has contracted
or in the future foreseeably may contract with the City.
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EZBIB 'IT _f'ca
82030. INCOME.
(A) "Income"' means (except as provided in subdivision BI:
A payment received, including but not limited to any
salary, wage, advance, dividend, interest, rent,
proceeds from any sale, gift, including any gift of food
or beverage, loan, forgiveness or payment of
indebtedness received by the filer, reimbursement for
expenses, per diem, or contribution to an insurance or
pension program paid by any person other than an
employer, and including any community property interest
in the income of a spouse. Income also includes an
outstanding loan. Income of an individual also includes
a pro rata share of any income of any business entity or
trust in which the individual or spouse owns, directly,
indirectly or beneficially, a 10 percent interest or
greater. 'Income," other than a gift, does not include
income received from any source outside the jurisdiction
and not doing business within the jurisdiction, not
planning to do business within the jurisdiction, or not
having done business within the jurisdiction during the
two years prior to the time any statement or other
action is required under this title.
(B) " ncomem does not include,:
(1) Campaign contributions required to be reported
under Chapter 4 (commencing with Section 84100) .
(2) Salary and reimbursement for expenses or per diem
received from a state, local, or federal government
agency and reimbursement for travel expenses and
per diem received from a bona fide educational,
academic, or charitable organization.
(3) Any devise or inheritance.
(4) Interest, dividends, or premiums on a time or
demand deposit in a financial institution, shares
in a credit union or any insurance policy, payments
received under any insurance policy, or any bond or
other debt instrument issued by any government or
government agency.
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(5) Dividends, interest, or any other return on a
security which is registered with the Securities
and Exchange Commission of the United States
Government or a commodity future registered with
the Commodity Futures Trading Commission of the
United States Government, except proceeds from the
sale of these securities and commodities futures.
(8) Redemption of a mutual fund.
(7) Alimony or child support payments.
(8) Any loan or loans from a commercial lending
institution which are made in the lender's regular
course of business on terms available to members of
the public without regard to official status if:
(a) Used to purchase, refinance the purchase of,
or for improvements to, the principal
residence of filer; or
(b) The balance owed does not exceed ten thousand
dollars ($10,000) .
(9) Any loan from an individual's spouse, child,
parent, grandparent, grandchild, brother, sister,
parent-in-law, brother-in-law, sister-in-law,
nephew, niece, uncle, aunt, or first cousin, or the
spouse of any such person, provided that a loan
from any such person shall be considered income if
the lender is acting as an agent or intermediary
for any person not covered by this paragraph.
(10) Any indebtedness created as part of a retail
installment or credit card transaction if made in
the lender's regular course of business on terms
available to members of the public without regard
to official status, so long as the balance owed to
the creditor does not exceed ten thousand dollars
($10,000) .
(11) Payments received under a defined benefit pension
plan qualified under Internal Revenue Code Section
401(a) .
(12) Proceeds from the sale of securities registered
with the Securities and Exchange Commission of the
United States Government or from the sale of
commodities futures registered with the Commodity
Futures Trading commission of the United States
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Government if the filer sells the securities or the
commodities futures on a stock or commodities
exchange and does not know or have reason to know
the identity of the purchaser.
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