HomeMy WebLinkAboutCC Res 4206 1993-02-22
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RESOLUTION NO. ~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH 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 RESOLUTION NO. 3008
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY I
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. The Political Reform Act, Government Code
sections 81000, et ~., 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 September 8, 1980.
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, a';tached 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 dnd
constitute the Conflict of Interest Code for the fol~owing
departments of the City:
A.
B.
C.
D.
E.
F.
G.
Administrative Department:
Planning Department;
Administrative Services Department:
Public Works Department:
Recreation Department:
Police Department; and
Lifeguard Department
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Section 4. Persons holding designated positions listed
in the Appendices shall file statements of economic interest
pursuant to Section 5(C) of the conflict of interest code.
section 5. Resolution No. 3008 is hereby repealed.
PASSEJ, APFROVED AND ADOPTED by
1 Beach at a ~eting thereof
, 199QL.
the City Council of the City of
held on the ~~~ day of
llYES:
Councilmember(
.., h..~,~:i;,d-~~
NOES:
Councilmember(s)
I\.BSENT:
Councilmember(s)
_du.. ~ kAr.L
Mayor
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ATTEST:
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Resolution Number .4.:l/:J1a
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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 fO~o~g resolution
is an original copy of Resolution Number ~ on file in
the office of the City Clerk, passed, approved and adopted
by the City Council of rhe City ~~~ Beach at a me)>.ing
thereof held on thee:(~1day of ~~dAf' 19 ~.
J e M. Yeo, City
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Resolution Number 'I.2()/o
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EXHIBIT "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
of 1974, regulations of the Fair Political Practices Commission I
(2 Cal. Code of Regs. Sections 18100, ~ sea.), and any
amendments to the Act or regulations, are incorporated by
reference into this Conflict of Interest Code.
(2) Section 2. Desiqnated 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. Disclosure 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'!f 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, ~ sea.V 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."
~ ~esignated employees who are required to file statements
j~ e~cnomic interests under any othez 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.
',,' See Go"ernment Code Section 81010 and 2 Cal. Code of Regs.
~action 18115 for the duties of filing officers and persons in
.Jencies wh~ make and =etain copi~s of statements ar.d forward the
~cgi~als to the fi~ing officer.
Exhibit A
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R~so!ution Number 4~'ola
(5) Section 5. Statements of Economic
Interests:
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.
(8) 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 Appointment.
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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 le~ving 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.
(8) 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 con~irmation 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,
jnterests 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 Reportina.
Statements of economic interests shall be made on
forms prescribed by the Fair Political Practices Commission and
Resolution Number '-/;2t>("
supplied by the Agency, and shall contain the following
information~
(A) Investment and Real ProDertv Disclosure.
When an investment or an interest in real property~ 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 Incom~ Disclosure. When personal
income is required to be reported, the statement shall
contain~
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 I
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
~' For the purpose of disclosure only (not disqualification),
an interest in real property does not include the principal
residence of the filer.
JI 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 I
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.
at 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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Resolution Number ~02o~
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 s~e 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 DisDosal Durina ReDortina
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 intermediary 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.
21 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.
Resolution Number t/.:?()!LJ
(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. Disaua1ification of State
Officers and Emn10vees. (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 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.
(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)l filed 126-83~
effective thirtieth day thereafter (Register 83,
No.5) .
(5) Amendment of subsection (b) (7) (A) fi1~d 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).
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Resolution Number ~~t)~,
ADMINISTRATIVE DEPARTMENT
Desiqnated Position
Disclosure Cateqories
City Council Member 1
City Manager 1
City Attorney 1
I Assistant City Attorney 2, 3, 4, 5
City Clerk 6, 7, 8
ADMINISTRATIVE DEPARTMENT
DISCLOSURE CATEGORIES
1. No disclosure is required by this Conflict of Interest
Code. Disclosure is already required by Government
Code Section 87200.
2. Reportable interest in real DrODertv in the
jurisdiction.
3.
Reportable income.
Reportable investments.
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4.
5. 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.
6. 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.
7. Reportable business Dositions 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 directio~ of the city
Clerk.
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APPENDIX A
Resolution Number ~.2,,1.
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PLANNING DEPARTMENT
Desianated Position
Disclosure Cateaories
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Planning Commissioner
1
Director of Development Services
2, 3, 4, 5, 6, 7, 8
Assistant Planner
2, 3, 4, 5
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PLANNING DEPARTMENT
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
having an interest in real property in the jurisdiction
or 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
subject to the review or approval of the Planning
Department.
3.
Reportable investments in any business entities having
an interest in real property in the jurisdiction or
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 subject
to the approval or review of the Planning Department.
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4.. Reportable business oositions in any business entities
having an interest in real property in the jurisdiction
or 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
subject to the approval or review of the Planning
Department.
7.
5. Reportable ihterests in real orooertv in the
iurisdiction.
6. Reportable income from persons or 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
Planning Department.
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 code, services or supplies to the city to the
City under the direction of the Planning Department.
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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 code, services or supplies to the
City to the City under the direction of the Planning
Department.
APPENDIX B
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. Resolution Number ~~/~
ADMINISTRATIVE SERVICES DEPARTMENT
Desianated Position
Director of Administrative
Services/Treasurer
Assistant Director of
Administrative Services/
Assistant Treasurer
Disclosure Cateaories
1, 2, 3, 4, 5, 6
1, 2, 3, 4, 5, 6
ADMINISTRATIVE SERVICES DEPARTMENT
DISCLOSURE CATEGORIES
1. 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.
2.
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 und~r this conflict of interest code,
supplies, materials, or services.
3. 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.
4. Reportable income from any financial institution in
which the City deposits funds, plans to deposit funds,
or has deposited funds within two years prior to the
time any statement is required under this conflict of
interest code.
5. Reportable investments in any financial institution in
which the City deposits funds, plans to deposit funds,
or has deposited funds within two years prior to the
time a statement is required under this conflict of
interest code.
6.
Reportable business Dositions in any financial
instit'_tion in which the City deposits funds, plans to
depos~_ funds. or has deposited funds within two years
prior to the time a statement is required under this
conflict of interest code.
APPENDIX C
Resolution Number tfd..I!J(P
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PUBLIC WORKS DEPARTMENT
Designated Position Disclosure Cateaories
city Engineer/
Director of Public Works 1, 2, 3, 4, 5, 6, 7
Chief Building Inspector 1, 2, 3, 4
Building Inspector 1, 2, 3, 4
Public Works Superintendent 1, 2, 3, 4, 5, 6, 7 I
PUBLIC WORKS DEPARTMENT
DISCLOSURE CATEGORIES
1. Reportable income from persons and business entities
having an interest in real property in the jurisdiction
or 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
subject to the inspection or approval of the Public
Works Department.
2.
Reportable investments in business entities having an
interest in real property in the jurisdiction or 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 subject to the
inspection or approval of the Public Works Department.
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3. Reportable business positions in business entities
having an interest in real property in the jurisdiction
or 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
subject to the inspection or approval of the Public
Works Department.
4. Reportable interests in real DrODertv in the
iurisdiction.
5. 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
subject to the city under this direction of the Public
Works Department.
6.
Reportable investments in business entities providing,
that plan to provide, or that 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 Public Works
Department.
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7. Reportable business Dositions in business entities
providing, that plan to provide, or that 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 Public
Works Department.
APPENDIX D
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Resolution Number ~~~
RECREATION DEPARTMENT
Desiqnated Position
Disclosure Cateqories
Recreation Director
1, 2, 3
Recreation Supervisor
1, 2, 3
RECREATION DEPARTMENT
DISCLOSURE CATEGORIES
1. Reportable income from persons and business entities
that provide, plan to provide, or have provided within
two xears 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.
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.
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.
APPENDIX E
Resolution Number i.f..;Zo 10
POLICE DEPARTMENT
Desianated position
Disclosure Cateaories
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.
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.
Reportable business oositions 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.
3.
APPENDIX F
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Resolution Number J/200
LIFEGUARD DEPARTMENT
Desianated position
Disclosure cateaories
Lifeguard Chief
1, 2, 3
LIFEGUARD DEPARTMENT
DISCLOSURE CATEGORIES
1. Reportable income from persons or business entities
providing, that plan to provide, or that have provided
within two years from the time a statement is required
under ~his conflict of interest code, service or
supplies to the city under the direction of the
Lifeguard Department.
2.
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 Lifeguard Department.
3. 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
Lifeguard Department.
APPENDIX G