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HomeMy WebLinkAboutResolution 10-80 1 1 RESOLUTION NO. 10-80 RESOLUTION ADOPTING A CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES OF THE CITY OF ATASCADERO ' T H E C I T Y C 0 U N C I L City of Atascadero, California WHEREAS, the Political Reform Act of 1974, California Government Code Section 81000 , et seq. , requires that governmental entites in the State of California adopt Conflict of Interest Codes; and I WHEREAS, said Act requires that local governmental entities include certain designated employees within the provisions of Conflict of Interest Codes; and ' WHEREAS, the City of Atascadero desires to comply with the conditions of said Act. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Atascadero does hereby adopt a Conflict of Interest Code for Designated Employees of the City of Atascadero as required by the Political Reform Act of 1974 and said Code is attached hereto as Exhibit A and by re- ference made a part hereof. On motion by Councilman Nelson and seconded by Councilman Highland , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins NOES: None ABSENT: None ADOPTED: June 23, 1980 V�•-., ' ROBERT J. WILKI , . , Mayor ATTEST: APPROVED AS TO FORM: e ARR7. WARDEN City Jerk ALLEN GRIMES, E'ty Attorney y ICITY OF ATASCADERO CONFLICT OF INTEREST CODE Section 1. Introduction In compliance with the Political Reform Act of 1974 , Calif- ornia Government Code Section 8100, et seq. , the City of Atas- cadero, hereby adopts this Conflict of Interest Code which shall be applicable to all designated employees of the City. The re- quirements of this Code are in addition to other requirements of the Act such as the general prohibition against conflicts of in- terest contained in Government Code Section 87100, and to any other state or local laws pertaining to conflicts of interest. Section 2 . Definition of Terms The definitions contained in the Political_Reform Act of 1974, the regulations of the Fair Political Practices Commission (2 Cal. Adm. Code Sections 18100 et seq. ) , and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. ° Section 3. Designated Employees The persons holding positions listed in Appendix A are de- signated employees. It has been determined that these officers and employees make or participate in the making of decisions which may foreseeably have a material effect on financial interests. Section 4 . Disclosure Statements A designated employee shall be assigned one or more of the disclosure categories set forth in Appendix B. It has been deter- mined that the financial interests set forth in a designated employee' s disclosure category are the types of financial interests which he or she foreseeably can affect materially through the con- duct of his or her office. Each designated employee shall file statements of economic interest disclosing his or her financial interests as required by the applicable disclosure category. i Section 5. Place of Filing ■ All designated employees required to submit a statement of economic interests shall file the original with the City Clerk who shall be the filing officer for all designated employees. Section 6. Time of Filing ' (a) Initial Statements. All designated employees employed by the City on the effective date of this Code shall file statements within thirty days after the effective date of this Code. (b) Assuming Office Statements. (l) All persons assuming designated positions after the effective date of this Codewhichare merit system positions, shall file statements within thirty days after assuming the designated positions. (2) All other persons appointed, promoted or transferred to designated positions after the effective date of the Code, shall file statements within ten days after assuming office. I (c) Annual Statements. All designated employees shall file statements no later than March 15. (d) Leaving Office Statements. All persons who leave desig- nated positions shall file statements within thirty days after leaving office. Section 7 . Contents of Statements (a) Contents of Initial Statements. Initial statements shall disclose any reportable investments and interests in real property and management positions held on the effective date of the code. (b) Assuming Office Statements. Assuming office statements shall disclose any reportable investments and interests in real property and management positions held on the date of assuming office. (c) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, and income and management 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. (d) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, in- terests in real property, and income and management positions held or received during the period between the closing date of the last statement filed and the date of leaving office. Section 8 Manner of Reporting Disclosure statements shall be made on forms supplied by the City of Atascadero and shall contain the following information: 2 (a) Contents of Investment and Real Property Reports ! When an investment or interest in real property l/ is required to be reported, 2/ the statement shall contain the following: ! (1) A statement of the nature of the investment or interest: ! (2) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged. ! (3) A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1,000) , exceeds ten thousand dollars ($10, 000) , or exceeds one hundred thousand dollars ($100,000) . ' (b) Contents of Personal Income Reports When personal_ income is required to be reported, 3/ the ! statement shall contain: (1) The name and address of each source of income ! aggregating two hundred and fifty dollars ($250) or more in value if the income was a gift, and a general description of the business activity, if any,of each source. ! ! l/ For the purpose of disclosure only (not disqualification) an interest in real property does not include the principal residence of the filer. ! 2/ 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 or dependent children own,in the aggregate, a direct, ! indirect or beneficial interest of 100 or greater. 3/ A designated employee' s income includes his or her community property interest in the income of his or her spouse. ! 3 ! (2) A statement whether the aggregate value of income from each source was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1, 000) , 1 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 and address of the donar, a description of the gift, the amount or value of the gift, and the date on which the gift was received. (c) Contents of Business Entity Income Reports When income of a business entity, including income of a sole proprietorship, is required to be reported, 4/ the statement shall contain: (1) The name, address, and general description of the business activity of the business entity: (2) In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity if the filer' s pro rata share of fees from such person was equal to ' or greater than one thousand dollars ($1,000) . (3) In the case of a business entity not covered by paragraph (2) , the name of every person from whom ' the business entity received payments if the filer 's pro rata share of the gross receipts from such person was equal to or greater than ten thousand dollars ($10, 000) . (d) Contents of Management Position Reports ' When management 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. 4/ Income of a business entity is reportable if the direct, indirect, or beneficial interest of the filer, spouse ' and dependent children in the business entity aggregates a 10% or greater interest. In addition, the disclosure of persons who are clients or customers of a business ' entity is required only if the source is within one of the disclosure categories of the filer. 4 (e) Acquisition or Disposal During Reporting Period ' In the case of. an annual or leaving office statement, if an 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 9. Disqualification Designated employees must disqualify themselves from making, participating in the making or using their official ' positions to influence the making of any governmental decisions which will foreseeably have a material financial effect, dis- tinguishable from its effect on the public generally, on: (a) Any business entity in which the designated employee has a direct or indirect investment worth more than one thousand dollars ($1,000) ; (b) Any real property in which the designated employee has a direct or indirect interest worth more than one thousand dollars ($1, 000) ; (c) Any source of income, other than loans by a commercial lending institution in the regular course of business, aggregating two hundred fifty dollars ($250) or more in value .received `by or promised to the designated employee within twelve months prior to the time when the decision is made; or (d) Any business entity in which the designated employee is ' a director, officer, partner, trustee, employee, or holds any position of management. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or herparticipationis legally required for the decision to be made. The fact that a designated ' employee's vote is needed to break a tie does not make his or her participation legally required for purposes of this section. Section 10. 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 Manager who shall record the employee's disqualification. Upon receipt of such statement the supervisor shall reassign the matter to another employee. 5 In the case of a designated employee who is a board member or commissioner, 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 the board or commissioner. r r6 APPENDIX A Designated Employees Designated Positions Disclosure Category City Attorney 1,2 Planning Director 1,2 Associate Planning Director 1,2 Director of Finance/City Treasurer 1,2 tPolice Chief 1,2 Fire Chief 1,2 Public Works Director 1,2 Public Works Superintendent 4 ,5,6 Building Inspectors 1,2 Police Sergeant 4 ,5,6 Fire Captain 4 ,5,6 Consultants* 1,2 * With respect to consultants, the City Manager may determine in writing that a particular consultant is hired ' to perform a range of duties that are limited in scope and, thus, not required to comply with the disclosure requirements described in these categories. Such determination shall in- clude a description of the consultant' s duties and, based upon that description, a statement of the extent of disclosure re- quirements. The City Manager shall forward a copy of this determination to the City Council. Nothing herein excuses any such consultant fromanyother provisions of this Conflict of Interest Code. 7 APPENDIX B Categories of Reportable Economic Interests General Provisions When a designated employee is required to disclose in- vestments and sources of income, he need only disclose invest- ments in business entities and sources of income which do business in the City, plan to do business in the City or have done business in the City within the past two years. In addition to other acti- vities, a business entity is doing business within the City if it owns real property within the City. When a designated employee is required to disclose interests in real property, he need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the City or within two miles of any land owned or used by the City. Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A. Category 1. All-Inclusive Reportable Investments A designated employee in this category shall disclose all reportable investments (worth more than $1,000) : (a) Owned by the designated employee, his or her spouse or dependent children; (b) Owned by an agent on behalf of the designated employee; (c) Owned by any business entity controlled by the designated employee (i.e. , any business entity in which the desig- nated employee, his or her agents, spouse and dependent children hold more than a 50% ownership interest) ; (d) Owned by a trust in which the designated employee has a substantial interest (i.e. , a trust in which the designated employee, his or her spouse and dependent children have a present or future interest worth more than $1,000) ; (e) Representing the pro rata share (worth more than $1, 000) of the designated employee, his or her spouse and de- pendent children,of investments of any business entity or trust in which the designated employee, his or her spouse and dependent children own, directly, indirectly or beneficially, a 10o interest or greater. 8