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HomeMy WebLinkAboutRDA Res 93-1 1993-02-22 I' I I RESOLUTION NO.~ A RESOLUTION OF THE SEAL BEACH REDEVELOPMENT AGENCY ADOPTING A CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING AGENCY RESOLUTION NO.80-6. THE BOARD OF DIRECTORS OF THE SEAL BEACH REDEVELOPMENT AGENCY FINDS, DETERMINES AND RESOLVES AS FOLLOWS: section 1. The Political Reform Act, Government Code Sections 81000, et sea., requires the Seal Beach Redevelopment Agency to adopt a Conflict of Interest Code. The Agency last amended its Conflict of Interest Code on September 8, 1980. section 2. The Fair POlitical Practices Commission has adopted a standard model Conflict of Interest Code. The standard model code is codified at 2 California Code of Regulations Section 18730 and can be incorporated by reference by the Agency as the Agency's Conflict of Interest Code. section 3. The standard model Conflict of Interest Code adopted by the Fair Political Practices Commission attached hereto as Exhibit A, as amended by the Commission from time to time, and Appendix A which sets forth the designated positions and the disclosure categories for each position of the Agency, are hereby adopted and incorporated by reference herein and shall constitute the Conflict of Interest Code for the Seal Beach Redevelopment Agency. section 4. Persons holding designated positions listed on Appendix A shall file statements of economic interest according to the requirements contained in Appendix A to the Conflict of Interest Code. repealed. section 5. Agency Resolution No. 80-6 is hereby section 6. The Secretary of the Agency shall certify to the passage and adoption of this Resolution. PPROVED AND ADOPTED by the Redevelopment Agency of the e 1 Beach at a me ing thereof held on the ~ :'1> day , 19 by the following vote: AYES: Agency Agencymember(s) NOES: ABSENT: Agencymember(s) J/Lh~L '?frL Chairman ~ Resolution Number 9~-/ I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I,' Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the for is an original copy of Resolution Number the office of the City Clerk, passed; ap by the Redevelopment Agency ~f~~he City 0 meeting thereof held on the cil!!itL.day 0 . .1, 14{ ;^ \...-A,' __Ur7 zliSdeo. it, <'Orkl Secretary I I I I I Resolution Number ~-,1 . APPENDIX A DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES FOR THE SEAL BEACH REDEVELOPMENT AGENCY Desianated positions Disclosure Cateaories Agency Board Member Executive Director 1 1 Director of Administrative Services I Treasurer - 1 Secretary 2 1 Agency General Counsel Special Legal Counsel 3, 4 and 5 Consultant 6 Disclosure Cateaories 1. Persons holding designated positions which are assigned a disclosure category of "I" 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" are, however, subject to the disqualification provisions of this Code when acting in their official capacity for the Seal Beach Redevelopment Agency. 2. Persons holding designated positions which are assigned a disclosure category of "2" above are not required to report under this Conflict of Interest Code because they also hold positions which are already required to disclose and report under the Conflict of Interest Code of the City of Seal Beach. Persons in this category "2" are, however, subject to the disqualification provisions of this Code when acting in their official capacity for the Seal Beach Redevelopment Agency. 3. Reportable income from any business entity that provides, plan to provide, or has provided within two years prior to the time a statement is required under this conflict of interest supplies or services to the Seal Beach Redevelopment Agency. ~. Reportable investments in any business entity that provides, plan to provide, or has provided within two years prior to the time a statement is required under this conflict of interest supplies or services to the Seal Beach Redevelopment Agency. 5. Reportable business nositions in any business entity that provides, plan to provide, or has provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services to the Seal Beach Redevelopment Agency. 6. The Executive Director shall determine in writing what duties the consultant is hired to perform. such written determination shall include a statement of the extent of disclosure under this conflict of interest code. The Executive Director '.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. Resolution Number ~~-/ " BXHrBrT "A" CONFLICT OF INTEREST CODE (Adopted pursuant to Title 2 of the California Code of Regulations Section 18730) (1) section 1. Definitions. The definitions contained in the political Reform Act 0(f2 19714, rdegulaftions of tht~ Fair18Polit~~al practiceds Commission I' Ca . Co e 0 Regs. Sec 10ns 100, ~ ~.), an any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. (2) Section 2. Desianated EmDlovees. 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 financial interests. (3) section 3. Disclosur~ Cateaories. This Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code 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 juris- diction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, n sea.Y 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 financial interests are reportable. Such a designated I employee shall disclose in his or her statement of economic interests those financial 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 financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Interests: Statements of Economic Place of Filina. The Code reviewing body shall instruct all designated employees within its Code.to file statements of economic interests with the agency or with the Code Reviewing Body, as provided by the Code Reviewing Body in the Agency's Conflict of Interest Code.V ~I Designated employees who are required to file statements of economic interests under any other agency's Conflict of Interest Code, or under Article 2 for a different jurisdiction, may expand their statement of economic interests to cover I 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 if it were an original. See Government Code section 81004. AI See Government Code section 81010 and 2 Cal. Code of Regs. Section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. I I I Resolution Number 9.:J -/ (5) Section 5. Statements of Economic Xnt:erest.s: Time of Filina. (A) 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 thirty 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 shall file an initial statement within thirty days after the effective date of the amendment. (B) Assumina Office Statements. All persons assuming designated positions after the effective date of this Code shall file statements within thirty days after assuming the designated positions, or if subject to State Senate confirmation, thirty days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leavina Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. (5.5) Section 5.5. Statements for Persons who Resian 30 Davs After Auuointment. Persons who resign within 30 days of initial appoint- ment are not deemed to have assumed office or left office provided they did not make or participate in the making of, or use their position to influence any decision and did not receive or become entitled to receive any form of payment as a result of their appointment. Such persons shall not file either an assuming or leaving office statement. . (6) Section 6. Contents of and Period Covered Bv statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the Code. (B) Contents of Assumina Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, 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 shall begin on the effective date of the Code or the date of assuming office whichever is later. (D) Contents of Leavina 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 Reuortina. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and Resolution Number ~-I proprietorship, is required to be reported, V 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 ten.thousand dollars ($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 holds any position of management, a descrip- tion of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acauisition or Disposal Durina Reportina 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. Disaualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official positions 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: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars $1,000) 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 two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within twelve 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 interme~iary or agent for a donor of, a gift or gifts aggregating $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. ~I Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. I I I I I I Resolution Number :7;1- / (8.3) Section 8.3. Leaallv Reauired particination. 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. (8.5) section 8.5. Disaualification of State Officers and EmDlovees. (not applicable) (9) Section 9. Manner of Disaualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall ba made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (10) section 10. 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. (11) Section 11. 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 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003. NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 87300-87302, 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 126-83; effective thirtieth day thereafter (Register 83, No.5) . (5) Amendment of subsection (b) (7) (A) filed 1110-83; effective thirtieth day thereafter (Register 83, No. 46). (6) Amendment filed 4-13-87; operative 5-13-87 (7) Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). Resolution Number ~ supplied by the Agency, and shall contain the following information: (A) Investment and Real PrODertv ~sclosure. When an investment or an interest in real propert is required to be reported,Y 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 I 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 exceeds one thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). (B) Personal Income tiisclosure. When personal income is required to be reported, V the statement shall contain: 1. The name and address of each source of income aqgregating 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 one thousand dollars $1,000) or I less, greater than one thousand dollars ($1,000), or qreater 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 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. (C) Business Entitv Income Disclosure. When income of a business entity, including income of a sole 'lL/ For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. ~/ 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 I 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. 2/ 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.