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HomeMy WebLinkAboutCC Res 3008 1980-09-08 I I I . PASSED, APPROVED ~nd ADOPTED by the City COU~il of the~j~~eal~ at a regular meetlng thereof held on the ~ day , ,,,__ , 1980, by the following vote: ' ~dl .. . RESOLUTION NUMBER ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING CONFLICT OF INTEREST CODES WHICH INCORPORATE BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION. THE CITY COUNCIL OF THE CITY OF SEAL BEACH OOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. The Political Reform Act, Government Code Sections 81000, et seq" requires the City to adopt a conflict of interest code for each department of the City. 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 City and will be amended to conform to amendments to the Political Reform Act, Section 3. The standard conflict of interest code, any amend- ments to it duly adopted by the Fair Political Practices Commission, and Appendices A-H, are hereby incorporated by reference and constitute the conflict of interest codes of the following departments and agencies, A, Administrative Department; B. Planning Department; C. Finance Department; D. Public Works Department; and E. Parks and Recreation Department, F. Police Department, G, Fire Department, H. Lifeguard Department, Section 4, Persons holding designated positions listed in the appendices shall file statements of economic interest pursuant to Section 4 (C) of the conflict of interest code, AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ATl;EST: ( . ~J!Llr/o lty erk ~..t. ~.//~~ yor I ~ I, I . Resolution Numbe~ Regulations of the Fair Political Practices Commission (Title 2, Division 5 of the California Administrative Code) 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 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, ~~. The requirements of a Conflict of Interest Code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest con- tained in Government Code Section 87100, and to other state or local laws pertaining to conflict3 c: 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 Refo~ Act of 1974, regulations of the Fair Political Practices - 1 -. I I Resolution Number Commission (2 Cal. Adm. Code Sections 18100 ~ !!S')' 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 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 Political Refor.n Act, Government Code Sections 87200, et seq.ll Such persons are covered by this Code for dis- qualification purposes only. With respect to all other designated employees, the disclosure categories set forth in 11 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, 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 - II . Resolution Number 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 II 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:~ (A) All designated employees shall file statements of economic inte~ests 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 depar~~ent of state or local government, the agency shall make and I retain a copy of each and forward the originals of these statements to the code reviewing body, which shall be the ~ See Governmen~ 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. - 3 - I!I--- , Resolution Number filing officer with respect to these statements. Such state- ments shall be forwarded to the code reviewing body within five days after the 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 fo~~ard the originals to the code reviewing body, which shall be the filing officer. (C) All designated employees shall file statements II of economic interests with the code reviewing 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 designated by an amendment to this Code shall file an initial statement within thirty days after the effective date of the amendment. I (B) Assuming Office Statements. (i) Ali persons assuming designated positions 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. - 4 - . .--_...,. . I I . ReS91ution Numbe~ (ii) All other persons appointed, promoted or transferred to designated positions after the effective date of the Code shall file statements within ten days after assuming office, or if subject to State Senate confirmation, ten days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (0) Leavinq Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. (6) Section 6. Contents of and Period Covered by Statements of Econom1c 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. (6) 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. (Cl 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 - 5 - --~ Resolution Number 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 II forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Procerty Disclosure. When ~n investment or an interest in real property11 is required to be reported,if the statement shall contain the following: (i) A statement of the nature of the invest- ment or interestl I 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, inves~~ents 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, - 6 - . Resolution Number (ii) 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; (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 I thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). income is (B) Personal Income Disclosure. lfuen personal required to be reported,1/ the statement shall contain: (i) The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or twenty-five dollars (525) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. II 1/ 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 governmenc agency. - 7 - .. I I Resolution Numb~r . (ii) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to e~b 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 received1 (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 made1 a description of the gift1 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. (C) Business Entitv Income Disclosure. When. - 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 entitY1 ~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. - 8 - . . Resolution Numbe~ (ii) 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, II 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. Disqualification. No designated employee shall make, participate in II 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 ~as a direct or indirect inves~~ent "NOrth more than one thousand dollars ($1,000); - 9 - II I I Resolution Numb~r (B) Any real property in which the designated employee has a direct or indirect interest worth more than one thousand dollars ($1,000)1 (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 of:icial 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 madel 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 Disauali:ication. 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, - 10 - - .. . .. . ' I I Resolution Number this determination and disclosure shall be made in writing to his or her appointing authoritYl 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 has occurred may be set aside as void pursuant to Government Code Section 91003. - 11 - Resolution Number I ADMINISTRATIVE DEPARTMENT Designated Position Disclosure Categories City Manager Assistant City Manager City Attorney Deputy City Attorney City Clerk F A, B, C A, B, C A, B, C D, E AOMINISTRATIVE DEPARTMENT DISCLOSURE CATEGORIES A. Reportable interests in real property in the jurisdiction, B, Reportable income, C. Reportable investments, I D. 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. E. 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, F, No disclosure is required by this conflict of interest code. Disclosure is already required by Government Code Section 87200. I APPENDIX A Resolution Numbe~ PLANNING DEPARTMENT ,I Designated Position Planning Commissioner Director of Planning Assistant Director of Planning Disclosure Cateqories D A, B, C, E, F A, B, C DISCLOSURE CATEGORIES I A. 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, 8, 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. C. Reportable interests in real property in the jurisdiction, D. No disclosure is required by this conflict of interest code, Disclosure is already required by Government Code Section 87200, E. Reportable income from persons or business entities providing, 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 Oepartment, F, 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 Planning Department, I APPENDIX B Resolution Number I FINANCE & ADMINISTRATION DEPARTMENT Designated Position Director of Finance/Treasurer Assistant Finance Director Disclosure Category A, B, C, D, E, F A, B, C, D DISCLOSURE CATEGORIES I A, 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, B. 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, C, Reportable income from persons and business entities doing business in the jurisdiction, planning to do business in the jurisdiction, or that have done business in the jurisdiction within two years prior to the time a statement is required under this conflict of interest code. D, Reportable investments in business entities doing business in the jurisdiction, or that have done business in the jurisdic- tion within two years prior to the time a statement is required under this conflict of interest code, E, 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. F. 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. I APPENDIX C Resolution Numbe~ I PUBLIC WORKS DEPARTMENT Designated Position Director of Public Works Chief Building Inspector Building Inspector Assistant City Engineer Disclosure Category A, B, C, D, E A, B, C A, B, C A, B, C A. 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. I B, 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. C, Reportable interests in real property in the jurisdiction. D, 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 Public Works Department, E. 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 the Public Works Department, I APPENDIX D Resolution Number I RECREATION DEPARTMENT Designated Position Disclosure Categories Director Recreation Supervisor A, B A, B DISCLOSURE CATEGORIES I A. 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. B. 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. I APPENDIX E Resolution Number I POLICE DEPARTMENT Designated Position Police Chief Assistant Police Chief Disclosure Categories A, B A, B OISCLOSURE CATEGORIES I A. 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, B, Reportable investments in business inti ties 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, I APPENDIX F Resolution Number I FIRE DEPARTMENT Designated Position Disclosure Categories Fire Chief Batallion Chief Fire Inspector~ 'AfHQ" I'lIeE c..; N~ A, B, C, A, B, C A, B, C 0, E DISCLOSURE CATEGORIES ~~ ~1Ck" /kn()~ /6 '/~,lo I A. 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 Fire Department. B. 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 Fire Department. C. Reportable interests in real property in the jurisdiction, D, 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 Fire Department, E. 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 Fire Department, I APPENDIX G Resolution Number " I LIFEGUARD DEPARTMENT Designated Position Lifeguard Chief Oisclosure CateQories A, B DISCLOSURE CATEGORIES A. 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 Lifeguard Department, B. 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, I I APPENDIX H . ,. ~ I I .. PROOF OF PUBLICA liON (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 the age of eighteen years, and not a party to or interested In the above-entitled matter, I am the principal clerk of the printer of the ....k~~.~,.... .................................................... a newspaper of general circulation, printed and published ...!I!~......,........ in the City of. ~~.,......... County of ~~;~~: and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the <;ounty of Orange, State of California. underthedateof.~. 19 ~?. , LJIL"S"a"~ ' Case Number f:7.1M........,; thatthe notice. , ' of which the jannexed is a printed copy (set in type not smalier than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates. to-wit: /J, ..............~..~~....................... all In the year 19.!Y., I certify (o~ declare) under penalty of =t;Z;Z:~..~=..~: California. this.. ..1...daYOf,~. 19~. ........... .. , ~,b:t!:.......,....., Signature Free caples of tblllUlnk farm mey be IIcured from; CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 210 South Spring St" Los Angeles. Calif, 90012 Telephone: 625-2141 PleB" reqUII' GENERAL Proof.' PuDIlCltlon when orderinq thll form. Resolution Number This space is for the County Clerk's Filing Stamp , c, Proof of Ptl~c~ion of ",.,',..r:"~,~" .......................................................... Paste Clipping of Notice SECURELY In This Space .NOTICE OF PUBLIC HEARING I NOTICE IS HEREBY BIVEN thai the I City Council of the City of Seal Beach. I California, Will conduct a pUblic 1 hearmg 10 conSider adopting Conflict . of Interest Codes for each department I of the CIty, on Monday, September 8, . 1980 at 7:00 p.m. In City CounCil I Chambere. 211 . 8th Street, Seal II Besch. CalIfornia I , OATED THIS 25th t'I.... of August (', 1980 -, , , ~ Joanne M. Vea, City Clerk 1I I City of Seal Beach Aug, '0, 1980 , "