HomeMy WebLinkAboutCC Res 4356 1994-12-12
RESOLUTION NUMBER ~to
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH ADOPTING A CONFLICT OF INTEREST
CODE WHICH INCORPORATES BY REFERENCE THE
STAND~ CONFLICT OF INTEREST CODE PREPARED
BY THE FAIR POLITICAL PRACTICES COMMISSION
AND REPEALING RESOLUTION NUMBER 4206
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND,
RESOLVE AND ORDER AS FOLLOWS:
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Section 1. The Political Reform Act, Government Code Sections
81000, ~ ~., requires the City to adopt a conflict of interest
code for each department of the City. The City last amended its
Conflict of Interest Code on February 22, 1993.
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 and can be
incorporated by reference by the City as the Conflict of Interest
Code for the City.
Section 3. The standard Conflict of Interest Code, any
amendments to it duly adopted by the Fair Political Practices
Commission, attached hereto as Exhibit "A," together with any
duly adopted amendments to it made by the Commission, and
Appendices A-G are hereby incorporated by reference and
constitute the Conflict of Interest Code for the following
departments of the City:
A.
B.
C.
D.
E,
F.
G.
Administrative Department;
Development Services Department;
Administrative Services Department;
Public Works Department~
Community Services Department;
Police Department; and
Consultants
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Section 4. Persons holding designated positions listed in the
Appendices shall file statements of economic interest pursuant to
Section SIC) of the conflict of interest code.
Section 5. Resolution No. 4206 is hereby repealed.
PASSED, APPROVED, and ADOPTED by
pI Beac:;h at,a meeting thereof
, '.t.e~ ,1994.
AYES:
Councilmember (
the City Counc~of the City of
ld on the ~aay of
NOES:
Councilmember(s)
ABSENT:
Councilmember (
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Resolution Number
.,4570
STATE OF CALIFORNIA
COUNTY OF ORANGE 55
CITY OF SEAL BEACH
I, Joanne M. Yeo City Clerk of the City of Seal Beach,
California, do hereby certify that the f~~~ resolution
is an original copy af Resolution Number n file in
the office of the City Clerk, passed, app oved and adopted
by the Redevelopment Agency of/~be City o~l ~~ at a~./
meetil}g thereof held on the /~day of m ~ , 19~.
/1 .
,1
Joanpe M. Yeo,
(J.ecretary
Resolution Number ~ 510
ADMINISTRATIVE DEPARTMENT
Desianated Position
Disclosure Cateaories
City Council Member
City Manager
Assistant to the City Manager
City Attorney
Assistant City Attorney
1
1
2, 3, 4, 5
1
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2, 3, 4, 5
City Clerk
2, 6, 7, 8
ADMINISTRATIVE DEPARTMENT
DISCLOSURE CATEGORIES
1.
Disclosure if required on FPPC
Government Code Section 87200.
disclosure is required by this
Code.
Form 721 pursuant to
No additional
Conflict of Interest
2. Reportable interest in real orooertv in the
jurisdiction. (FPPC Form 730, Schedules B & C-1).
3. Reportable income. (FPPC Form 730, Schedules D, D-1,
E, F, H-1, H-2 and H-3).
4.
Reportable investments. (FPPC Form 730, Schedules A
and C-2) .
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5.
Reportable business oositions. (FPPC Form 730,
Schedule G) .
6. Reportable income from persons and business entities
providing, that plan to provide, or that have provided
within two years from the time a Statement is required
under this conflict of interest code, services or
supplies to the City under the direction of the City
Clerk. (FPPC Form 730, Schedules D, D-1, E, F, H-1, H-
2 and H-3) .
7. Reportable investments in business entities providing,
that plan to provide, or that have provided within two
years from the time a statement is required under this
conflict of interest code, services or supplies to the
City under the direction of the City Clerk. (FPPC Form
730, Schedules A and C-2).
8.
Reportable business oositions in business entities
providing, that plan to provide, or that have provided
within two years from the time a statement is required
under this conflict of interest code, services or
supplies to the City under the direction of the City
Clerk. (FPPC Form 730, Schedule G).
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APPENDIX A
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'Resolution Number .t/3~
DEVELOPMENT SERVICES DEPT.
(PLANNING/BUILDING)
Desianated position
Disclosure Cateaories
Planning Commissioner
1
Director of Development Services
Assistant Planner
2, 3, 4, 5
2, 3, 4, 5
DEVELOPMENT SERVICES DEPT.
(PLANNING/BUILDING)
DISCLOSURE CATEGORIES
1. No disclosure is required by this Conflict of Interest
Code. Disclosure is already required by Government
Code Section 87200.
2. Reportable income from persons and business entities
that either:
(i) have an interest in real property in the
jurisdiction; or
(ii) provide, plan to provide, or have provided within
two years prior to the time a statement is
required under this conflict of interest code,
services subject to the review or approval of the
Development Services Department; or
(iii) provide, plan to provide or have provided within
two years prior to the time a statement is
required under this conflict of interest code,
services or supplies to the City under the
direction of the Development Services Department.
(FPPC Form 730, Schedules 0, 0-1, E, F, H-1, H-2
and H-3)
3. Reportable investments in any business entities that
either:
(i) have an interest in real property in the
jurisdiction; or
(ii) provide, plan to provide, or have provided within
two years prior to the time a statement is
required under this conflict of interest code,
services subject to the review or approval of the
Development Services Department.
(iii) provide, plan to provide or have provided within
two years prior to the time a statement is
required under this conflict of interest code,
services or supplies to the City under the
direction of the Development Services Department.
(FPPC Form 730, Schedules A and C-2).
4. Reportable business Dositions in any business entities
that either:
APPENDIX B-1
Resolution Number ~cS"'6
(il have an interest in real property in the
jurisdiction; or
(iil provide, plan to provide, or have provided within
two years prior to the time a statement is
required under this conflict of interest code,
services sub;ect to the accroval or review of the
Development Services Department.
(iiil provide, plan to provide or have provided within I
two years prior to the time a statement is
required under this conflict of interest code,
services and succlies to the Citv under the
direction of the Development Services Department.
(FPPC Form 730, Schedule Gl.
5. Reportable interests in real crQcertv in the
;urisdiction. (FPPC Form 730, Schedules Band C-ll .
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APPENDIX B-2
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ADMINISTRATIVE SERVICES DEPARTMENT
Resolution Number
/g~
(FINANCE)
Desianated Position
Director of Administrative
Services/Treasurer
Disclosure Cateaories
1
Assistant Director of
Administrative Services/
Assistant Treasurer
2, 3, 4
ADMINISTRATIVE SERVICES DEPARTMENT
DISCLOSURE CATEGORIES
1.
Disclosure
Government
disclosure
Code.
Form 721 pursuant to
No additional
Conflict of Interest
is required on FPPC
Code Section 87200.
is required by this
2. Reportable income from persons and business entities
from which the City 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. (FPPC Form
730, Schedules D, D-l, E, F, H-l, H-2 and H-3).
3. Reportable investments in business entities from which
the City 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. (FPPC Form 730,
Schedules A and C-2).
4.
Reportable business Dositions in business entities from
which the City 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. (FPPC Form
730, Schedule G).
APPENDIX C
Resolution Number ~~
PUBLIC WORKS DEPARTMENT
(PUBLIC WORKS/ENGINEERING)
Desiqnated Position Disclosure Cateqories
City Engineer/
Director of Public Works 1, 2, 3, 4
Chief Building Inspector 1, 2, 3, 4
Building Inspector 1, 2, 3, 4
Public Works Superintendent 1, 2, 3, 4
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PUBLIC WORKS DEPARTMENT
DISCLOSURE CATEGORIES
1. Reportable income from persons and business entities that
either:
(i) have an interest in real property in the jurisdiction;
or
(ii) provide, plan to provide, or have provided within two
years prior to the time a statement is required under
this conflict of interest code, services subject to the
review or approval of the Public Works Department; or
(iii) provide, plan to provide or have provided-within two
years prior to the time a statement is required under
this conflict of interest code, services or supplies to
the City under the direction of the Public Works I
Department.
(FPPC Form 730, Schedules D, D-1, E, F, B-1, B-2 and B-3) .
2. Reportable investments in any business entities that either:
(i) have an interest in real property in the jurisdiction;
or
(ii) provide, plan to provide, or have provided within two
years prior to the time a statement is required under
this conflict of interest code, services subject to the
review or approval of the Public Works Department.
(iii) provide, plan to provide or have provided within two
years prior to the time a statement is required under
this conflict of interest code, services or supplies to
the City under the direction of the Public Works
Department.
(FPPC Form 730, Schedules A and C-2).
3.
Reportable business oositions in any business entities that
either:
(i) have an interest in real property in the jurisdiction;
or
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(ii) provide, plan to provide, or have provided within two
years prior to the time a statement is required under
this conflict of interest code, services sub;ect to the
aooroval or review of the Public Works Department.
APPENDIX D - 1
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Resolution Number
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(iiil provide, plan to provide or have provided within two
years prior to the time a statement is required under
this conflict of interest code, services and suoolies
to the City under the direction of the Public Works
Department.
(FPPC Form 730, Schedule Gl.
4. Reportable interests in real orooertv in the iurisdiction.
(FPPC Form 730, Schedules Band C-ll.
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APPENDIX D-2
Resolution Number /3.510
COMMUNITY SERVICES DEPARTMENT
(PARKS/RECREATION/LIFEGUARDS)
Desianated position
Disclosure Cateaories
Community Services Director
Recreation Supervisor
1, 2, 3, 4
1, 2, 3
COMMUNITY SERVICES DEPARTMENT
DISCLOSURE CATEGORIES
1. Reportable income from persons and business entities
that provide, plan to provide, or have provided within
two years prior to the time a statement is required
under this conflict of interest code, services or
supplies to the City under the direction of the
Recreation Department. (FPPC Form 730, Schedules D, D-
1, E, F, H-1, H-2 and H-3) .
2. Reportable investments in business entities that
provide, plan to provide, or have provided within two
years prior to the time a statement is required under
this conflict of interest code, services or supplies to
the City under the direction of the Recreation
Department. (FPPC Form 730, Schedules A and C-2).
3.
Reportable business Dositions in business entities that
provide, plan to provide, or have provided within two
years prior to the time a statement is required under
this conflict of interest code, services or supplies to
the City under the direction of the Recreation
Department. (FPPC Form 730, Schedule G).
4. Reportable interests in real DrODertv in the
iurisdiction. (FPPC Form 730, Schedules Band C-1) .
APPENDIX E
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Resolution Number ~
POLICE DEPARTMENT
Desiqnated Position
Disclosure Cateqories
Police Chief
1, 2, 3
POLICE DEPARTMENT
DISCLOSURE CATEGORIES
1.
Reportable income from persons and business entities
that provide, plan to provide, or have provided within
two years prior to the time a statement is required
under this conflict of interest code, services or
supplies to the City under the direction of the Police
Department. (FPPC Form 730, Schedules D, D-1, E, F, H-
1, H-2 and H-3).
2. Reportable investments in business entities that
provide, plan to provide, or have provided within two
years prior to the time a statement is required under
this conflict of interest code, services or supplies to
the City under the direction of the Police Department.
(FPPC Form 730, Schedules A and C-2).
3. Reportable business Dositions in business entities that
provide, plan to provide, or have provided within two
years prior to the time a statement is required under
this conflict of interest code, services or supplies to
the City under the direction of the Police Department.
(FPPC Form 730, SChedule G) .
APPENDIX F
Resolution Number ~
CONSULTANTS
This disclosure category is to be used for consultants
who do not serve in a designated position listed elsewhere in
this Code.
Persons required to disclose in this category shall
disclose pursuant to categories 1, 2, 3 and 4 below unless
the City Manager determines in writing that a particular
consultant is hired to perform a range of duties that is
limited in scope and thus is not required to fully comply
with the disclosure requirements in categories 1, 2, 3 and
4. Such written determination shall include a description
of the consultant's duties and, based upon that description,
a statement of the extent of disclosure requirements. The
City Manager'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.
1. Reportable interests in real crocertv in the
jurisdiction. (FPPC Form 730, Schedules Band C-
1) .
2. Reportable income. (FPPC Form 730, Schedules D,
D-1, E, F, H-l, H-2 and H-3) .
3, Reportable investments. (FPPC Form 730, Schedules
A and C-2) .
4. Reportable business positions. (FPPC Form 730,
Schedule
G) .
APPENDIX G
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Resolution Number
~50
(Regulations of the Fair Political Practices Commission, Title 2,
Division 6 of the California Code of Regulations)
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'Government Code Section 87300
or the amendment of a conflict of interest code within the meaning
of Government Code 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, Government Code Sections 81000, J:t ag. 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 confiicts of interest contained in
Government Code 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 (2 Cal. Code of Regs. Sections
18100, ~ ~.), 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 financial interests.
(3) Section 3, Disclosure Categories, This code does
not establish any disclosure obligation for those designated
Resolution Number ~~
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 jurisdiction 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, ~ ~
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;
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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, Government Code Section 87200; and
C) The filing officer is the same for both agencies.1 II
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 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. lit
(4) Section 4. Statements of Economic Interests:
Place of Filing. The code reviewing body shall instruct all
designated employees within its code to file statements of
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Resolution Number ~~
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.2
1 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 reportable
interests in both jurisdic~ions, 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.
2 See Government Code Section'Sl010 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.
(5) Section 5. Statements of Economic Interests: Time
of Filing.
(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 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 shall file an
initial statement within 30 days after the effective "date of the
amendment.
(B) Assuming Office Statements. All persons assuming
designated positions after the effective date of this code shall
file statements within 30 days after assuming the designated
positions, or if subject to State Senate confirmation, 30 days
after being nominated or appointed.
(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 30 days af~er
leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign
Prior to Assuming 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 to file an assuming office
Resolution
Number ~5{p
statement, is not deemed to have assumed office or left office,
provided he or she did not make or participate in the making of,
or use his or her position to influence any decision and did not
receive or become entitled to receive any form of payment as a
result of his or her appointment. Such persons shall not file
either an assuming or leaving office statement. II
(A) Any person who resigns a position within 30 days of
the date of a notice from the filing officer shall do both of the
following:
(1) File a 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 make, participate in
the making, 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.
(6) Section 6. Contents of and Period Covered by
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 and income received during the 12 months prior to the
effective date of the code.
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(B) Contents of Assuming 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, and income received during
the 12 months prior to the date of assuming office or the date of
being appointed or nominated, respectively.
(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
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~esolut16n Number
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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, 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) Investments and Real Property Disclosure. When an
investment or an interest in real property3 is required to be
reported,4 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 cif 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 Disclosure. When personal income
is required to be reported,S the statement shall contain:
3 For the purpose of disclosure only (not disqualification), an
interest in real property does not include the principal residence
of the filer.
4 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
Resolution Number ~~
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.
5 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.
1. The name and address of each source of income
aggregating 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 less,
greater than one thousand dollars ($1,000), or 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, 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 Entity Income Disclosure. When income of
a business entity, including income of a sole proprietorship, is
required to be reported,' the statement shall contain:
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6 Income of a business entity is reportable if the direct, lit
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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Resolution Number
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) .
'I (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
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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.
(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~ State Agency Prohibition on Receipt of
Honoraria. No member of a state board or commission, and no
designated employee of a state 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 (b),' (c), (d), and (e) of Government Code
Section 89502 shall apply to the prohibitions in this section.
(8.1) Section 8.1 State Agency Prohibition on Receipt
of Gifts of $250 or More. No member of a state board or
commission, and no designated employee of a state agency, shall
accept gifts with a total value of more than two hundred fifty
dollars ($250) in a calendar year from any single source, if the
Resolution Number ~51"
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.
Subsections (b), (c), (d), and (e) of Government Code
Section 89504 shall apply to the prohibitions in this section.
(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 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
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($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 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 II
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.
Resqlution Number
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(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
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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:
(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
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on terms not available to members of the public regarding the
rendering of goods or services totaling in value one thousand
dollars ($1,000) or more.
~10) Section 10. Manner ,of Disqualification. 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 be 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.
Resolution Number ~n
(11) Section 11. 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.
(12) Section 12. Violations. This code has the force
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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.
~: Authority: Section 83112, Gov. Code
Reference: Sections 87300-87302, 89503, and 89504, Gov. Code
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(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
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Historv
New section filed 4-2-80 as an emergency; effective upon
filing. Certificate of Compliance included.
Editorial correction.
Amendment of subsection (b) filed 1-9-81; effective thirtieth
day thereafter.
Amendment of subsection (b) (7) (B)l. filed 1-26-83; effective
thirtieth day thereafter.
Amendment of subsection (b) (7) (A) filed 11-10-83; effective
thirtieth day thereafter.
Amendment filed 4-13-87; effective thirtieth day thereafter.
Amendment of subsection (b) filed 10-21-88; effective
thirtieth day thereafter.
Amendment filed 8-28-90; effective thirtieth day thereafter.
Amendment filed 8-7-92; effective thirtieth day thereafter.
Amendment filed 2-5-93; effective upon filing. .
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