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Home My WebLink AboutRA 2010-002RESOLUTION NO RA 2010-002 RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO, CALIFORNIA, ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act requires every local government agency adopt a Conflict of Interest Code and review its Conflict of Interest Code biennially (in even -numbered years) to determine if its accurate and up-to-date, or, alternatively, that the Code must be amended, and NOW, THEREFORE BE IT RESOLVED, by the Community Redevelopment Agency of Atascadero as follows SECTION 1 Resolution No RA 2002-002, adopted on August 13, 2002, is hereby rescinded SECTION 2 That the Conflict of Interest Code attached to this Resolution as Exhibit A be, and hereby is, adopted as the Conflict of Interest Code for the Community Redevelopment Agency of Atascadero On motion by Board Member Fonzi and seconded by Board Member O'Malley, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote AYES Board Members Beraud, Clay, Fonzi, O'Malley and Board Chairperson Kelley NOES None ABSENT None ADOPTED- September 14, 2010 COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO By - Bob Kelley, Chan erson ATTEST Marcia McClure Torgerson, Board Secr ry APPR VED S O FORM Brian A. Pierik, Agency Counsel Community Redevelopment Agency of Atascadero Resolution No RA 2010-002 Page 2 of 6 Exhibit A CONFLICT OF INTEREST CODE OF THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO The Political Reform Act, Government Code Section 81000, et seg , requires state and local government agencies to adopt and promulgate conflict of interest codes The Fair Political Practices Commission has adopted a regulation, 2 Cal Code of Regs Section 18730, which contains the terms of a standard conflict of interest code It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act Therefore, the terms of 2 Cal Code of Regs Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the Community Redevelopment Agency of Atascadero Designated employees shall file their statements with the Community Redevelopment Agency of Atascadero who will make the statements available for public inspection and reproduction (Gov Code Section 81008) Statements for all designated employees will be retained by the Community Redevelopment Agency of Atascadero Community Redevelopment Agency of Atascadero Resolution No RA 2010-002 Page 3 of 6 DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests Designated Position' Agency Board Executive Director Assistant Executive Director Deputy Executive Director Agency Counsel Treasurer Board Secretary Consultant S2 Disclosure Category 1 1 1 1 1 1 1 1 Members of all permanent Commissions, Boards 1 and Committees not otherwise required to file Conflict of Interest Statements ' In the event that State law or regulations regarding the filing of Conflict of Interest Statements should be amended, this Exhibit shall be changed to include the designated position and category of each official as required by said amendment 2. 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 Executive Director 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 Executive Director' 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 Community Redevelopment Agency of Atascadero Resolution No RA 2010-002 Page 4 of 6 CATEGORIES OF REPORTABLE ECONOMIC INTERESTS Designated Persons in Category "1" Must Report 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 Agency, or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the Agency, or has done business within an area subject to the jurisdiction of the Agency at any time during the two years prior to the filing of the statement Designated Persons in Category "2" Must Report (1) All investments in real property located within or subject to the jurisdiction of the Agency (2) Investments in any business entity which within the last two years has contracted or in the future foreseeably may contract with the Agency (3) Income from any source which within the last two years has contracted or in the future foreseeably may contract with the Agency (4) 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 Agency 82030 INCOME (A) "Income" means (except as provided in subdivision B) 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 flier, 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 having done business within the jurisdiction Community Redevelopment Agency of Atascadero Resolution No RA 2010-002 Page 5 of 6 during the two years prior to the time any statement or other action is required under this title (B) "Income" 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 (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 (6) 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 flier, 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 I Community Redevelopment Agency of Atascadero Resolution No RA 2010-002 Page 6 of 6 (10) Any indebtedness created as part of a retail installment or credit card "MW 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) (1 1) 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 Government if the flier 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