HomeMy WebLinkAboutSA AG PKT 2012-12-10 #3 SUCCESSOR AGENCY TO THE
SEAL BEACH REDEVELOPMENT AGENCY
AGENDA STAFF REPORT
DATE: December 10, 2012
TO: Honorable Chair and Board Members
THRU: Jill R. Ingram, Executive Director
FROM: Linda Devine, Seal Beach City Clerk
SUBJECT: 2012 CONFLICT OF INTEREST CODE FOR THE
SUCCESSOR AGENCY TO THE FORMER SEAL
BEACH REDEVELOPMENT AGENCY
SUMMARY OF REQUEST:
Staff recommends that the Board of Directors of the Successor Agency to the
Seal Beach Redevelopment Agency adopt Resolution No. SA12-15, adopting a
Conflict of Interest Code containing designated positions and disclosure
categories.
BACKGROUND AND ANALYSIS:
The Political Reform Act, Government Code Sections 81000, et seq., requires
the Board of Directors of the Successor Agency to the Seal Beach
Redevelopment Agency to adopt a Conflict of Interest Code and requires every
local government agency to review its Conflict of Interest Code biennially to
determine if it is accurate and up-to-date.
By the attached Resolution, the Successor Agency would adopt a Conflict of
Interest Code, which contains designated positions and disclosure categories.
The Fair Political Practices Commission's Model Code is attached to the
attached Resolution as Exhibit "A." Appendix A sets forth the designated
positions and the disclosure categories for each position of the Successor
Agency and shall constitute the Conflict of Interest Code for the Successor
Agency.
Persons holding designated positions listed in Appendix A shall file Statements of
Economic Interest pursuant to Section 5 of the Conflict of Interest Code with the
Agenda Item 3
information required for the disclosure category assigned to them, unless
otherwise exempted from doing so pursuant to Section 3 of the Conflict of
Interest Code.
Upon adoption, the Successor Agency's Conflict of Interest Code will be
forwarded to the City Council, as the Code Reviewing Body for the Successor
Agency, for its approval of -the Code. The City Council will also formally
designate the City Clerk of the City as the Filing officer for reports required to be
filed pursuant to the Conflict of Interest Code.
ENVIRONMENTAL IMPACT:
There will be no environmental impact associated with adoption of the attached
Resolution.
FINANCIAL IMPACT:
The adoption of this Resolution is necessary for-the Successor Agency to comply
with the Political Reform Act. The City Clerk will incur additional time and
expense in performing duties as the filing officer for the Successor Agency. The
dollar amount of that expense is not anticipated to be significant and cannot be
accurately estimated at this time.
LEGAL ANALYSIS:
General Counsel has reviewed and approved as to form.
RECOMMENDATION:
Staff recommends that the Board of Directors of the Successor Agency to the
Seal Beach Redevelopment Agency adopt Resolution No. SA12-15, adopting a
Conflict of Interest Code containing designated positions and disclosure
categories.
SUBMITTED BY: NOTED AND APPROVED:
;*� I , , LQ�, 2&qU'Yl
in a Devine Jio R Ingram, Executi a irector
Seal Beach City Clerk
Attachments:
A. Resolution No. SA12-15
Page 2
RESOLUTION NUMBER SA12-15
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY ADOPTING AN AMENDED
CONFLICT OF INTEREST CODE CONTAINING DESIGNATED
POSITIONS AND DISCLOSURE CATEGORIES
THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE SEAL
BEACH REDEVELOPMENT AGENCY DOES HEREBY FIND, RESOLVE AND
ORDER AS FOLLOWS:
Section 1. The Political Reform Act, Government Code Section 81000, et seg.,
(the "Political Reform Act") requires the Successor Agency to the Seal Beach
Redevelopment Agency("Agency")to adopt a conflict of interest code.
Section 2. The Fair Political Practices Commission has adopted a Model Conflict
of Interest Code (the "Model Code"). The Model Code, codified at 2 California
Code of Regulations Section 18730, can be incorporated by reference by the
Agency as its conflict of interest code. That Model Code will be amended by the
Fair Political Practices Commission from time to time to conform to amendments
to the Political Reform Act.
Section 3. Pursuant to Resolution Number SA12-11, the Agency previously
adopted a conflict of interest Code containing designated positions and
disclosure categories. By this resolution, the City is adopting an updated Conflict
of Interest Code.
Section 4. Resolution SA12-11 is hereby repealed in its entirety. The Model
Code, attached hereto as Exhibit"A" and any amendments to it duly adopted by
the Fair Political Practices Commission, and Appendix A which sets forth the
designated positions and the disclosure categories for each position of the
Agency are hereby incorporated by reference and shall constitute the Conflict of
Interest Code for the Successor Agency to the Seal Beach Redevelopment
Agency.
Section 5. Persons holding designated positions listed in Appendix A shall file
Statements of Economic Interest pursuant to Section 5 of the Conflict of Interest
Code with the information required for the disclosure category assigned to them
unless exempt from filing such Statements pursuant to Section 3 of the Conflict
of Interest Code.
Section 6. Pursuant to the Political Reform Act, a person holding a designated
position listed in this Conflict of Interest Code that violates any provisions of this
Code is subject to administrative, criminal and civil sanctions provided in the
Political Reform Act. In addition, if a person who holds a designated position
makes, participates in making or otherwise attempts to use his or her official
position to influence a decision of the Agency in which he or she has a financial
interest, he or she may also be subject to additional administrative, criminal and
civil sanctions and the decision may be set aside and voided pursuant to
Government Code Section 91003.
Section 7. The Secretary of the Agency shall certify to the passage and adoption
of this Resolution and shall submit a copy of this Code to the City Council for its
approval as the Code Reviewing Body for the Successor Agency to the Seal
Beach Redevelopment Agency.
Resolution Number SA12-16
PASSED, APPROVED. and ADOPTED by the Successor Agency to the Seal
Beach Redevelopment Agency at a regular meeting held on the YDtl_day of
December_.2012by the following vote:
AYES: Board Members
NOES: Board Members
ABSENT: Board Members
ABSTAIN: Board Members
Chair
ATTEST:
Secretary
STATE DFCALIFORNIA )
COUNTY OF ORANGE } 8S
CITY OF SEAL BEACH )
|. Linda Devine. Secretary of the Successor Agency to the Seal Beach
Redevelopment Agency, do hereby certify that the foregoing naem\u8nn is the
original copy of Resolution NumbarS/ 1215 on file in the office of the Seal
Beach City C|ark, poouad, appnoved, and adopted by the Successor Agency to
the Seal Beach Redevelopment Agency at regular meeting held on the 808I
day of . 2O12.
Secretary
Resolution Number SA12-15
EXHIBIT "A"
Conflict of Interest Code
(Regulations of the Fair Political Practices Commission,Title 2,Division 6,California Code of Regulations.)
S 18730.Provisions of Conflict-of-Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the
designation of employees and the formulation of disclosure categories in the Appendix
referred to below constitute the adoption and promulgation of a conflict-of-interest code
within the meaning of Section 87300 or the amendment of a conflict-of-interest code
within the meaning of Section 87306 if the terms of this regulation are substituted for
terms of a conflict-of-interest code already in effect.A code so amended or adopted and
promulgated requires the reporting of reportable items in a manner substantially
equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act,
Sections 81000, et seq. The requirements of a conflict-of-interest code are in addition to
other requirements of the Political Reform Act, such as the general prohibition against
conflicts of interest contained in Section 87100, and to other state or local laws
pertaining to conflicts of interest.
(b)The terms of a conflict-of-interest code amended or adopted and promulgated
pursuant to this regulation are as follows:
(1)Section 1.Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair
Political Practices Commission (Regulations 18110, et seq.), and any amendments to
the Act or regulations,are incorporated by reference into this conflict-of-interest code.
(2)Section 2.Designated Employees.
The persons holding positions listed in the Appendix are designated employees. It has
been determined that these persons make or participate in the making of decisions
which may foreseeably have a material effect on economic interests.
(3)Section 3.Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees
who are also specified in Section 87200 if they are designated in this code in that same
capacity or if the geographical jurisdiction of this agency is the same as or is wholly
included within the jurisdiction in which those persons must report their economic
interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et
seq.
In addition, this code does not establish any disclosure obligation for any designated
employees who are designated in a conflict-of-interest code for another agency, if all of
the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly
included within the jurisdiction of the other agency;
(B)The disclosure assigned in the code of the other agency is the same as that
required under article 2 of chapter 7 of the Political Reform Act,Section 87200;and
(C)The filing officer is the same for both agencies.
Such persons are covered by this code for disqualification purposes only. With respect
to all other designated employees, the disclosure categories set forth in the Appendix
specify which kinds of economic interests are reportable. Such a designated employee
shall disclose in his or her statement of economic interests those economic interests he
or she has which are of the kind described in the disclosure categories to which he or
she is assigned in the Appendix. It has been determined that the economic interests set
forth in a designated employee's disclosure categories are the kinds of economic
interests which he or she foreseeably can affect materially through the conduct of his or
her office.
Exhibit A-1
Resolution Number SA124S
(4)Section 4.Statements mf Economic Interests:Place ofFiling.
The code reviewing body shall instruct all designated omp|nyooa within its code to file
statements of economic interests with the agency o, with the code reviewing hody, as
provided by the code reviewing body in the agency's conflic�of-interest code.
(5)Section 5.Statements of Economic interests:Time ofFiling.
(\) Initial Statements.All designated employees employed by the agency on the
effective date of this code,as originally adopted, promulgated and approved by the code
reviewing body, shall file statements within 30 days after the effective date of this code.
Thereafter, each person already in a position when it is designated by an amendment to
this code ohuU file an initial statement within 90 days after the effective date of the
amendment.
(B)Assuming Office Statements.All persons assuming designated positions after
the off»oUvo date of this code shall file statements within 30 days after assuming the
designated pnoitiono, or if subject to State Senate confirmation, 30 days after being
nominated orappointed.
(C) Annual Statements. All designated employees shall file statements no later
than April 1.
(D) Leaving Office Statements. All persons who leave designated positions shall
file statements within 3D days after leaving office.
(5'5)Section 5'5.Statements for Persons Who Resign Prior hmAssuming Office.
Any person who resigns within 12 months of initial appointment,or within 30 days of the
date of notice provided by the filing officer 1ofile an assuming office abatement, is not
doomed 0o have assumed office or left dffine, provided he or she did not make or
participate in the making of, or use his or her position Vo influence any decision and did
not receive or become entitled to receive any form of payment as o result of his or her
appointment.Such persons shall not file either an assuming or leaving office statement.
(A)Any person who resigns o position within 3O days cf the date ofo notice from
the filing officer shall do both of the following:
(1) File e written resignation with the appointing power;and
(2)File a written statement with the filing officer declaring under penalty of
perjury that during the period between appointment and resignation he or she did not
mako, participate in the makiog, or use the position to influence any decision of the
agency or receive,or become entitled to receive, any form of payment by virtue of being
appointed to the position.
(G) Section G. Contents of and Period Covered by Statements of Economic
Interests.
VQ Contents nf Initial Statements.
Initial statements shall disclose any reportable investments, interests in real
property and business positions held on the effective date nfthe code and income
received during the 12 months prior 0o the effective date of the code.
(B)Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable invemtmonte, interests
in real property and business positions held on the do0s of assuming office or, if subject
to State Senate confirmation or appointment, on the date of nomination, and income
received during the 12 months prior to the dote of assuming office or the date of being
appointed or nominated,respectively.
(C)Contents of Annual Statements.
Annual statements shall disclose any reportable inveo/mentm, interests in naa|
pmperty, income and business positions held or received during the previous calendar
year provided, however,that the period covered by an employee's first annual statement
Exhibit A-2
Resolution Number SA12-15
shall begin on the effective date of the code or the date of assuming office whichever is
later,or for a board or commission member subject to Section 87302.6,the day after the
closing date of the most recent statement filed by the member pursuant to Regulation
18754.
(D)Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real
property, income and business positions held or received during the period between the
closing date of the last statement filed and the date of leaving office.
(7)Section 7.Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political
Practices Commission and supplied by the agency, and shall contain the following
information:
(A)Investment and Real Property Disclosure.
When an investment or an interest in real property is required to be reported, 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.The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest
in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or
exceeds$1,000,000.
(B) Personal Income Disclosure. When personal income is required to be
reported,the statement shall contain:
1. The name and address of each source of income aggregating$500 or
more in value,or$50 or more in value if the income was a gift, and a general description
of the business activity, if any,of each source;
2.A statement whether the aggregate value of income from each source,
or in the case of a loan, the highest amount owed to each source, was $1,000 or less,
greater than$1,000,greater than$10,000,or greater than$100,000;
3. A description of the consideration, if any, for which the income was
received;
4. In the case of a gift, the name, address and business activity of the
donor and any intermediary through which the gift was made; a description of the gift;
the amount or value of the gift;and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any,
given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity,
including income of a sole proprietorship, is required to be reported, 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 filer's pro rata share of gross receipts from such person was equal to or
greater than$10,000.
(D) Business Position Disclosure. When business positions are required to be
reported,a designated employee shall list the name and address of each business entity
in which he or she is a director,officer, partner, trustee, employee,or in which he or she
Exhibit A-3
Resolution Number SA12-15
holds any position of management, a description of the business activity in which the
business entity is engaged, and the designated employee's position with the business
entity.
(E)Acquisition or Disposal During Reporting Period. In the case of an annual or
leaving office statement, if an investment or an interest in real property was partially or
wholly acquired or disposed of during the period covered by the statement, the
statement shall contain the date of acquisition or disposal.
(8)Section 8.Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of
a state or local government agency, shall accept any honorarium from any source, if the
member or employee would be required to report the receipt of income or gifts from that
source on his or her statement of economic interests. This section shall not apply to any
part-time member of the governing board of any public institution of higher education,
unless the member is also an elected official.
Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in
this section.
This section shall not limit or prohibit payments, advances,or reimbursements for
travel and related lodging and subsistence authorized by Section 89506.
(8.1)Section 8.1.Prohibition on Receipt of Gifts in Excess of$420.
(A) No member of a state board or commission, and no designated employee of
a state or local government agency, shall accept gifts with a total value of more than
$420 in a calendar year from any single source, if the member or employee would be
required to report the receipt of income or gifts from that source on his or her statement
of economic interests. This section shall not apply to any part-time member of the
governing board of any public institution of higher education, unless the member is also
an elected official.
Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in
this section.
(8.2)Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date
of his or her election to office through the date that he or she vacates office, receive a
personal loan from any officer, employee, member, or consultant of the state or local
government agency in which the elected officer holds office or over which the elected
officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant
to subdivisions(c),(d), (e),(f),and(g)of Section 4 of Article VII of the Constitution shall,
while he or she holds office, receive a personal loan from any officer, employee,
member, or consultant of the state or local government agency in which the public
official holds office or over which the public official's agency has direction and control.
This subdivision shall not apply to loans made to a public official whose duties are solely
secretarial,clerical,or manual.
(C) No elected officer of a state or local government agency shall,from the date
of his or her election to office through the date that he or she vacates office, receive a
personal loan from any person who has a contract with the state or local government
agency to which that elected officer has been elected or over which that elected officer's
agency has direction and control. This subdivision shall not apply to loans made by
banks or other financial institutions or to any indebtedness created as part of a retail
installment or credit card transaction, if the loan is made or the indebtedness created in
the lender's regular course of business on terms available to members of the public
without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant
to subdivisions(c),(d), (e),(f),and(g)of Section 4 of Article VII of the Constitution shall,
while he or she holds office, receive a personal loan from any person who has a contract
with the state or local government agency to which that elected officer has been elected
or over which that elected officer's agency has direction and control. This subdivision
Exhibit A-4
Resolution Number SA12-15
shall not apply to loans made by banks or other financial institutions or to any
indebtedness created oa part nfa retail installment or credit card transaction, ifthe loan
is made or the indebtedness created in the lender's regular course of business on terms
available \o members of the public without regard to the elected officers official status.
This subdivision shall not apply to loans made to a public official whose duties are solely
secretarial,clerical,ormanual.
(E)This section shall not apply 10 the following:
1. Loans made to the campaign committee of an elected officer or
candidate for elective off ice.
2. Loans made by public official's npouoo, uhi|d, panemk, grandpansn\,
gmxndchi|d, bndher, sia\er, pamnt-in'|ow, bnther-in-|mw, oistepin-|aw, nnphew, niaom,
aunt, uncle,or first cousin,or the spouse of any such persons, provided that the person
making the loan is not acting as an agent or intermediary for any person not otherwise
exempted under this section.
3. Loans from a person whioh, in the aggmQate, do not oxommd five
hundred dollars($5OO)at any given time.
4.Loans made,or offered in writing,before January 1. 1SS8.
(8.3)Section 8'3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local
government agency shall, from the date of his or her election to office through the date
he or she vacates office,receive a personal loan of$500 or more, except when the loan
is in writing and clearly states the terms of the loan, including the parties to the loan
agreement, date ofthe loan, amount ofthe |oan, term of the loao, date ur dates when
payments shall be due on the loan and the amount of the payments, and the rate of
interest paid un the loan.
(B)This section shall not apply io the following types ofloans:
1. Loans made ho the campaign committee of the elected officer.
1 Loans made 1n the elected officer by his nr her spouse, oh||d, parent,
grandparent, gmndohi|d, buother, oistmr, pamn#n'|aw, bnther-in'|ow, aiytepin1ew,
nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided
that the person making the loan is not acting as an agent or intermediary for any person
not otherwise exempted under this section,
3, Loans made,or offered in writing, before January 1. 1888.
(C) Nothing in this section shall exempt any person from any other provision of
Title Sof the Government Code.
(R.4)Section V.4.Personal Loans.
(\) Except as met forth in subdivision (D), a personal loan received by any
designated employee shall become a gift to the designated employee for the purposes
of this section in the following circumstances:
1. |f the loan has o defined date or dates for repayment,when the statute
of limitations forfi|ingan action for default has expired.
2. If the loan has no defined date or dates for repoyment,when one year
has elapsed from the later of the following:
a.The date the loan was made.
b. The date the last payment of$1O0ur more was made unthe
loan.
u The date upon which the debtor has made payments on the
loan aggregating Vn less than G25O during the previous 12months.
Exhibit A-5
Resolution Number SA12-15
(B)This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a
candidate for elective office.
2.A loan that would otherwise not be a gift as defined in this title.
3.A loan that would otherwise be a gift as set forth under subdivision (A),
but on which the creditor has taken reasonable action to collect the balance due.
4.A loan that would otherwise be a gift as set forth under subdivision (A),
but on which the creditor, based on reasonable business considerations, has not
undertaken collection action. Except in a criminal action, a creditor who claims that a
loan is not a gift on the basis of this paragraph has the burden of proving that the
decision for not taking collection action was based on reasonable business
considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is
ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of
Title 9 of the Government Code.
(9)Section 9.Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use
his or her official position to influence the making of any governmental decision which he
or she knows or has reason to know will have a reasonably foreseeable material
financial effect, distinguishable from its effect on the public generally, on the official or a
member of his or her immediate family or on:
(A)Any business entity in which the designated employee has a direct or indirect
investment worth$2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect
interest worth $2,000 or more;
(C)Any source of income,other than gifts and other than loans by a commercial
lending institution in the regular course of business on terms available to the public
without regard to official status,aggregating $500 or more in value provided to, received
by or promised to the designated employee within 12 months prior to the time when the
decision is made;
(D) Any business entity in which the designated employee is a director, officer,
partner,trustee,employee,or holds any position of management;or
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts
aggregating $420 or more provided to, received by, or promised to the designated
employee within 12 months prior to the time when the decision is made.
(9.3)Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making
of any decision to the extent his or her participation is legally required for the decision to
be made. The fact that the vote of a designated employee who is on a voting body is
needed to break a tie does not make his or her participation legally required for purposes
of this section.
(9.5)Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative
official shall make, participate in making, or use his or her official position to influence
any governmental decision directly relating to any contract where the state
administrative official knows or has reason to know that any party to the contract is a
person with whom the state administrative official, or any member of his or her
immediate family has, within 12 months prior to the time when the official action is to be
taken:
Exhibit A-6
Resolution Number GA1245
(A) Engaged in a business transaction or transactions on terms not available to
members of the public, regarding any investment or interest in real property;or
(B) Engaged in a business transaction or transactions on terms not available to
members of the public regarding the rendering of goods or services totaling in value
$1.UUUormore.
(10)Section 10.Disclosure of Disqualifying Interest.
When a designated employee determines that he or she should not make a
governmental decision because he or she has a disqualifying interest in |t, the
determination not to act may be accompanied by disclosure of the disqualifying interest.
(11)Section 11.Assistance cfthe Commission and Counsel.
Any designated employee who is unsure of his or her duties under this code may
request assistance from the Fair Political Practices Commission pursuant to Section
83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agoncy,
provided that nothing in this section requires the attorney for the agency to issue any
formal or informal opinion.
(12)Section 12.Violations.
This code has the force and effect oflaw. Designated employees violating any provision
of this code are subject to the administrative, criminal and civil sanctions provided in the
Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a
violation of the disqualification provisions of this code or of Section 87100 or 87450 has
occurred may bo set aside ax void pursuant\o Section 01UO3.
1 Designated employees who are required to file statements of economic interests under any other agencys conflict-of-
interest code,or under article 2 for a different jurisdiction,may expand their statement of economic interests to cover
reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing
separate and distinct statements,provided that each copy of such expanded statement filed in place of an original is
signed and verified by the designated employee as it it were an original.See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain
copies m statements and forward the originals m the filing officer.
s For the purpose m disclosure only(not u/ov"umica'wm. *" interest m real property does not include the principal
residence m the filer,
*Investments and interests a real property which have o fair market value of less than$o.uon are not investments and
interests in real property within the meaning m the Political nwmrm Am However,investments or interests in /property
m^n individual include those held"/the individual's spouse and dependent children ov well oso pro rate share many
investment or interest in,mu property many»"mmes^o*xnor trust in which the/nu/.mual.spouse and dependent
children own,/n the aggregate,u direct,indirect m beneficial interest m,o percent or greater.
sxdesignated employee's income includes his m her community interest m the income m his m her spouse but
does not include salary o,reimbursement for expenses received from u state,local m federal government agency-
6 I of a business entity is »len the direct,indirect or beneficial interest m the filer and the filers spouse mthe
business entity aggregates a m percent m greater/"wms m addition,the disclosure of persons who are ww"m or
customers ofa business entity is required only n the clients m customers are within one m the disclosure categories mthe
mm.
Note: ^m:o"w v/xw: Section aa//u, Government Code, Reference: Sections army(e), moonoroou,
00001.000nu and oem03,Government Code.
HISTORY
1� New section filed *-2-80 as an emergency; effective upon filing (Register Vm. No. 14).
Certificate of Compliance included.
2. Editorial correction(Register uo No.29).
3. Amendment uf subsection (b)filed 1'o'o1;effective thirtieth day thereafter(Register 81. No.
2).
4. Amendment n[subsection(u)(7Xo)1.fimg 1-o0-83;effective thirtieth day thereafter(Register
83,No.5).
5. Amendment of subsection <»X7N^>filed 11'10-83;effective thirtieth day thereafter(Register
83.No.4V).
D. Amendment filed 443-8r;operative S'18-87(Register O7.No.1O).
7. Amendment or subsection(u)filed 1n-21-8t operative 11'20-88(Register 88,No.4O).
8. Amendment of subsections(bX8XA)and(b)(8)(B)and numerous editorial changes filed 8-28-
90;operative 9-27fm(Reg.00'No.*u),
8. Amendment of subsections (u)(3). (b)(8) and renumbering of following subsections and
amendment nf Note filed:'7-9z;operative Q-7-92(Register 2.No.32).
10. Amendment of subsection (uX5.5) and new subsections (b)(5.5)(A)F(A)(2) filed 2-4-93;
operative 24-93(Register mV.No.0).
Exhibit A,7
Resolution Number SA12-15
11. Change without of Interest Code for California Mental
Health Planning Council filed 11-22-93 pursuant to title 1` section 100. California Code of
Regulations(Register 03 wn 48> Approved by Fai Political Practi Commission 9-21u3
12.Change without regulatory effect re-designating Conflict uf Interest Code for California Mental
Health Planning Council as chapter 62,section 55100 filed 1-4-94 pursuant to title 1,section
10\California Code u[Regulations(Register Q4.No.1).
13.Editorial correction adding History 11 and 10 and deleting duplicate section number(Register
S^.No,17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(AY, now subsection
¢08Xe>. and amendment m subsections(u)(o.1Hu)(n.1)(o). (v)(9)(E) and Note filed 3'14'
95; operative 3-14-95 pursuant to Government Code uooVun 113*3.4(0 (Register 95, Nu.
11y
15. sdxuna| correction inserting inadvertently omitted language in footnote 4 (Register 96, No.
1»).
16. Amendment of subsections ( X
and amendment of subsection (bX12) filed 10-23-96; operative 10-23-96 pursuant to
Government Code section 11 343.4(d)(Register 96,No.43).
n. Amendment of subsections (bXa1
Government Code section 11343.4(d)(Register 97,No.15).
1n.Amendment o,subsections(b)(7 subsections(b)(uuK C)and amendment
of Note filed 8-2z-98; operative 8-24-98 pursuant to Government Code section 11343.4(d)
(Register 08.No.n5).
19.Editorial correction of subsection
rD.Amendment of subsections(b)(8.11) <$X81X*)and
pursuant to Government Code section 11 343.4(d)(Register 99,No.20).
21. Amendment u,subsections (u)(8.11H$X8.1)KV and < filed 12-6-2000; umonome 1-1-
2001 pursuant to the 1874 version of Government Code section 11380.2 and Title z.
California Code nf Regulations,section 1U312(d)and(e (Register a0OO'No. *n.
ou.Amendment of subsections(bX3)and(b)(11 0)filed 1-10-2001;operative 2-1-2001.Submitted
to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative
Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished
decision,April 27,1992(FPPC regulations only subject to 1974 Administrative Procedure Act
rulemaking requirements)(Register 2001,No.2).
o3.Amendment or subsections<»X/ <b
4.filed 2-13-2001.Submitted to OAL for filing pursuant to Fair Political Practices Commission
v. Office of Administrative Law, 3 Civil C01 0924,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.7).
24.Amendment of subsections<bXV.1 '1s-ou03;operative 1'1-u003.Submitted
toOwL for filing pursuant m Fair Political Practices Commission ^ Office urAdministrative
Lw°, 3 Civil C010024. California Court of Appeal, Tmo1 xppo||mn Divmct, nvnpubnnhng
decision,April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act
m|omamng requirements)(Register 2003 No.3).
un.Editorial correction W History 24(Register 2O03.No.12).
26.Editorial correction removing extraneous phrase in subsection(b)(9.5XB)(Register 2004,No.
33).
or. Amendment of subsections (hX2H3). (b)(3XC}. (b)(6)(C>. (b)(81)-(bX81XA). (DXB)(E) and
(o)(11)'(12) filed 1-4-2005; operative 1-1-2005 pursuant to oovvmmom Code section
11343.*(Register zVV5,No. ).
o8.Amendment nf subsection(b)(r)(A)4.filed 1V-11-2Vn5;operative 11-10-2OO5(Register aVU5.
No.41).
29. (b)(1
2006:operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission
v. Office of Administrative Law,3 Civil C01 0924,California Court of Appeal,Third Appellate
District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulernaking requirements)(Register 2006,No.51).
'-Amendment _ subsections _ '4-'`8.1~A--- `_-.- filed 10-31-2008- operative 11
30-2008.Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office
of Administrative Law. 3 Civil C01U824. California Court uf Appeal, Third Appellate District,
nonpum|voeu decision,April c7. 188z(FPPC regulations only subject to19r*Administrative
Procedure Act wlenamngrequirements and not subject»o procedural nr substantive review
byOxL)(Register uuoo.No.44).
31 Amendment of oocbvn heading and section filed 11'15e010; operative 12'15-2010,
Submitted N QAL for filing pursuant W Fair Political Practices Commission ^ Office of
Administrative Law, 3 Civil C010924. California Court ofAppeal, Third Appellate District,
nonpuhnum;d decision,April 2r. 18S2(rPPC regulations only subject m 1974 Administrative
Procedure Act wmmamng requirements and not subject to procedural or substantive review
hyOAL)(Register u01V.No.47).
Exhibit A-8
Resolution Number SA1245
APPENDIX A
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES FOR THE
SUCCESSOR AGENCY T0THE SEAL BEACH REDEVELOPMENT AGENCY
Designated Positions Disclosure Categories
Agency Board Member 1
Executive Director 1
Agency Secretary 2
Agency General Counsel 1
Agency Assistant General Counsel 3, 4' 5. 6
Assistant City Manager 2
Finance Officer 1
Agency Engineer 2
Agency Planner 2
[>therConou|tant(o) 7
Oversight Board Member 8
Oversight Board Staff Member 8
Disclosure Categories
1 Persons holding designated positions which one assigned o disclosure
category of ''1^ above are not required to report under this Conflict of Interest
Code because they hold positions within the City of Seal Beach which are
required to report pursuant to California Government Code Section 87200.
Persons in this category "1" any, however, subject to the disqualification
provisions of this Code when acting in their official capacity for the Successor
Agency to the Seal Beach Redevelopment Agency.
2. Persons holding designated positions which are assigned a disclosure
category of ^2^ above are not required to prepare a Statement of Economic
Interest (Form 70O) for their position with the Agency because they also hold
positions which are already required to disclose and report under the Conflict of
Interest Coda of the City of Seal Beach. Persons in this category "2" ane,
hmwaver, subject to the disqualification provisions of this Code when eohmg in
their official capacity for the Successor Agency to the Seal Beach
Redevelopment Agency.
3. Reportable interests in real property in the 1uhyd|rdion. (Form 700.
Schedule B.)
4. Reportable income and business positions. (Form 7DO. Schedule C).
5� Reportable investments. (Form 700.Schedules A-1 and A-2).
6. Reportable gELs and travel liyts. (Form 7O0. Schedules D and E).
7. For consultants who aema in a staff capacity with the Agenny, the
consultant shall disclose based on the disclosure categories assigned elsewhere
in this Code for that staff position.
The following disclosure categories shall be used for consultants who do not
serve ina staff capacity:
Appendix /\-1
Resolution Number SA12-15
Persons required to disclose in this category shall disclose pursuant to
categories 3, 4. 5 and 6 above unless the Executive Director dahanninea in
vvhUng that particular consultant is hired to perform a range ofduties that 1s
limited in scope and thus is not required to fully comply with the disclosure
requirements in categories 3. 4. 5 and G. Such written determination shall
include udescription of the consultant's duties and, based upon that description,
a nhohamant of the extent of disclosure requirements. The Executive Director's
determination is a public record and shall be retained for public inspection in the
same manner and location am this Code.
8. Oversight Board Members and Oversight Board Staff Members who serve
in a position of the City of Seal Beach and who are already required to report
financial interests pursuant to the broadest disclosure categories under the City's
Conflict of Interest Code, are not required to prepare o Statement of Economic
|nhunost (Form 700) for their position with the Agency. Persons in this category
^8'' are, however. subject to the disqualification provisions of this Code when
acting in their official capacity for the Successor Agency to the Seal Beach
Redevelopment Agency.
Oversight Board Members and Oversight Board Staff Members who dV not serve
in another position with the City or who menaa in position with the Ob/ that is not
required to disclose pursuant huthe broadest disclosure categories under the
City's Conflict of Interest Code shall disclose pursuant ha categories 3. 4, Gmnd 6
above.
Appendix A-2