HomeMy WebLinkAboutRDA Res 80-6 1980-09-08
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RESOLUTION NUMBER
80-10
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.
THE SEAL BEACH REDEVELOPMENT AGENCY DOES HEREBY FIND, RESOLVE AND
ORDER AS FOLLOWS:
Section 1, The Political Reform Act, Government Code
Sections 81000, et seq., requires the Agency to adopt a conflict of
interest code.
Section 2. The Fair Political Practices Commission
has adopted a standard conflict of interest'code. The standard
code is codified at 2 Cal. Administrative Code Section 18730, can
be incorporated by reference by the Agency and will be amended to
conform to amendments to the Political Reform Act,
. Section 3. The standard conflict of interest code,
any amendments to it duly adopted by the Fair Political Practices
Commission and Appendix A, are hereby incorporated by reference
and constitute the conflict of interest code of the Seal Beach
Redevelopment Agency.
Section 4. Persons holding designated positions
listed in the appendix shall file statements of economic interest
pursuant to Section 4(C) of the conflict of interest code.
~PASSEDAPPROVED and ADOPTED by the City Council
c t-1 reguJar ~~eting thereof held on the
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AYES: Agency Member
NOES:
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Agency Member
ABSENT: AgencY,Member
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Designated Position
Agency Member
Executive Director
Agency Attorney
Finance Director/Treasurer
Asst. Finance Director/Purchasing Agent
Special Legal Counsel
Disclosure Categories
D
D
D
E, F
G, H
A, B, C
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ADMINISTRATIVE DEPARTMENT
DISCLOSURE CATEGORIES
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A. Reportable interests in real property in the jurisdiction.
B. Reportable income,
C. Reportable investments.
D. No disclosure is required by this conflict of interest code.
Disclosure is already required by the Conflict of Interest
Code of the City of Seal Beach.
E. Reportable income from any financial institution in which the
the Agency deposits funds, plans to deposit funds, or has
deposited funds within two years prior to the time any state-
ment is required under this conflict of interest code.
F. Reportable investments in any financial institution in which
the Agency deposits funds, plans to deposit funds, or has
deposited funds within two years prior to the time a state-
ment is required under this conflict of interest code.
G, Reportable income from persons and business entities from
which the Agency purchases, plans to purchase, or has
purchased within two years prior to the time a statement is
required under this conflict of interest code, supplies,
materials, or services.
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H, Reportable investments in business entities from which the
Agency purchases, plans to purchase, or has purchased within
two years prior to the time a statement is required under
this conflict of interest code, supplies, materials, or
services.
APPENDIX A
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Regulations of the Fair Political Practices Commission
(Title 2,' Division 6 of the California Administrative Cod'e)
18730. Provisions of Conflict of Interest Codes
(Gov. Code Sectlons 87300 - 87302)
(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 Government
Code Section 87300 or the amendment of a Conflict of Interest
Code within the meaning of Government Code Section 87307 if
the eerms of this regulation are substituted for terms of a
Conflict of Interest Code already in effect. A code so
amended or adapted 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, Government Code Sections 81000, ~ seq. ~he
requirements of a Conflict of Interest Code are in addition
to oeher requirements of the POlitical Reform Act, such as
the general prchibition against conflicts of interest con-
eained in Government Code Section 87100, and to other state
or local laws pertaining to conflicts cf interest.
(b) The terms of a Conflict of Interest Code
amended or adapted 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
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Commission (2 Cal. Adm. Code Sections 18100 et !!S'), and
any amendments to the Act or regulations, are incorporated
by reference into this Conflict of Interest Code.
(2) Section 2. Designated Em~loyees.
The persons holding positions listed in the Appendix
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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.
Disclosure Cateaories.
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This Code does not establish any disclosure obli-
gation 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 juris-
diction of this agency is the same as or is wholly included
within the jurisdiction in which those persons must report
their financial interests pursuant to Article 2 of Chapter 7
of the Poli~ical Reform Act, Government Code Sections 87200,
et sea.1/ Such persons are covered by this Code for dis-
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qualification purposes only. With respect to all other
designated employees, the disclosure categories set forth in
1/ Designated employees who ~re 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 in-
terests 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, orovided
that each copy of such expanded statement filed in piace of
an original is signed and verified by the designated employee
as if it were an original. See Government Code Section
81004.
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( I the Appendix 'specify which kinds of financial interests are
reportable. Such a designated employee shall disclose in
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his or her statement of economic interests those financial
interests he or she has which are of ehe 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 ehrough the conduct of
his or her office.
(4) Section 4. Statements of Economic Interests:
Place of Flllng.
The code reviewing body shall instruct all desig-
nated employees required to file statements of economic
interests pursuant to this Conflict of Interest Code to file
in accordance with one of the following procedures:ll
(A) All designated employees shall file statements
of economic interests with the agency. Upon receipt of the
statements of economic interests of the head of the agency
and members of boards or commissions not under a department
of state or local government, the agency shall make and
retain a copy of each and forward the originals of these
statements to the code reviewing body, which shall be the
II See Government Code Section 81010 and 2 Cal.
Adm. Code Section 18115 for the duties of filing officers
and persons in agencies who make and retain copies of state-
ments and forward the originals to the filing officer.
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filing officer with respect to ehese statements. Such state-
ments shall be forwarded eo the code reviewing body within
five days after ehe filing deadline or five days after receipt
in the case of statements filed late.
(B) All designated employees shall file statements
of economic interests with the agency, which shall make and
retain a copy and forward the originals to the code reviewing
body, which shall be the filing officer.
(C) All designated employees shall file statements
of economic interests with the code reviewi~g body.
(5) Section 5. Statements of Economic Interests:
Tlme of Flllng.
(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 designaeed by an
amendment to this Code shall file an initial statement within
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(0) Assuming Office Statements.
(i) All persons assuming designated positions
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after the effective date of this Code which are
civil service or merit system positions shall file
statements within thirty days after assuming the
designated positions.
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(ii) All otber persons appointed, promoeed
or transferred to designated positions after the
effective date of the Code shall file staeements
within ten days after assuming office, or i: subject
to State Senate confirmation, ten days after being
nominated or appointed.
(Cl 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
thirty days a:ter leaving office.
(6) Section 6. Contents of and Period Covered bv Statements
of Econom~c 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.
(8) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable
investments, interests in real property and business positions
held on tbe date of assuming office or, if subject to State
Senate confirmation or appointment, on the date of nomination.
(C) Contents of Annual Statements. Annual state-
ments 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
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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,
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 Reoorting.
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 prooerty Disclosure.
When ap investment or an interest in real property11 is
required to be reported,i! the statement shall contain the
following:
(i) A statement of the nature of the inves~-
ment or interest;
11 For the purpose of disclosure only (not dis-
qualification), an interest in real property does not include
the principal residence of the filer.
il 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
~ro 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.
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income is
contain:
Iii) The name of the business entity in
which each investment is held, and a general description
of the busi~ess activity in which the business
entity is engaged;
(iii) The address or other precise location
of the real property;
(iv) 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 Disclosure. When personal
required to be reported,if the statement shall
(i) The name and address of each source of
income aggregating ewe hundred fifty dollars ($250)
or more in value, or twenty-five dollars ($25) or
more in value i: the income was a gift, and a
general description of the business activity, if
any, of each source.
if 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.
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(ii) A statement whether the agg=egate 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 less, greater
than one thousand dollars ($1,000), or greater
than ten thousand dollars ($10,000)1
(iii) A description of the consideration, if
any, for which the income was received;
(iv) In the case of a gift, the name, address
and business activity of the donor and any in-
termediary through which the gift was made; a
description of the gift; the amount or value of
the gift1 and the date on which the gift was received.
(v) In the case of a loan, the annual interest
rate and the security, if any, given for the loan.
(e)
Business Entitv Income Disclosure. When,
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income of a business entity, including income of a sole
proprietorship, is required to be reported,~1 the statement
shall contain:
(i) The name, address, and a general description.
of the business activity of the business entity;
~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.
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(ii) Tfie 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 manage-
ment, 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. Disaualification.
No designated employee shall make, participate L~
making, or use his or her official positions to influence
the making of any governmental decision which will foreseeably
have a 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 inves~~ent worth more than
one thousand dollars ($1,000):
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(B) Any real property in which the designa~ed
employee has a direct or indirect interest worth more than
one thousand dollars ($1,000);
(e) Any source of income, 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; or
(D) Any business entity in which the designated
employee is a director, officer, partner, trustee, em910yee,
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 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) Section 9. Manner of Disqualification.
When a designated employee determines that he or
she should not make a governmental decision because he or
she has a financial interest in it, the determination not to
act must be accompanied by disclosure of the financial 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,
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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
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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 has occurred may be set aside as void
pursuant to Government Code Section 91003.
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PROOF OF PUBLICATION
(2015,5 C.C.P,)
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
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or Interested In the above-entitled matter, I
am the principal clerk of the printer of the
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in the City of k~........
County of Orange, and which news-
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gnature
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BUREAU, INC.
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This space Is for the County Clerk's Filing Stamp
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SECUREL Y
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the
Redevelopment Agency of the City of
Seal Beach. California. will condUct a
public hearing to conSider adopting a
Conflict of Interest Code for the Seal
Beach Redevelopment Agency, on
Monday, September 8. 1980 at. 0,;45
I p.m. In CIty CouncIl Chambers 2ft.
81h Street, Seal Beach, CallfeWnla. !
I ~~D THIS 3th day of Augu..: tl
Joanne -M Yeo, Secretary
Seal Beach Redevelopment Agency
I Aug. 27, 198Q. . I
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