HomeMy WebLinkAboutResolution No. 5922RESOLUTION NO. 5922
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL ADOPTING CONFLICT OF
INTEREST CODE FOR DESIGNATED EMPLOYEES
WHICH INCORPORATES BY REFERENCE THE
FAIR POLITICAL PRACTICES COMMISSION'S
STANDARD MODEL CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act, Government Code Sections
81000, et seq., requires every state or local government agency to
adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the Fair Political Practices Commission has
adopted a regulation, 2 Cal. Adm. Code Section 18730, which contains
the terms of a standard model Conflict of Interest Code, which can
be incorporated by reference, and which will be amended to conform
to amendments in the Political Reform Act after public notice and
hearings conducted by the Fair Political Practices Commission
pursuant to the Administrative Procedure Act, Government Code
Sections 11370, et seq.; and
WHEREAS, this body has determined that the attached Ap-
pendices accurately set forth those positions which should be
designated (Appendix A - Designated Employees) and the categories
of financial interest (Appendix B - Disclosure Categories) which
should be made reportable, and includes a copy of the model
Conflict of Interest Code (Appendix C - Model Code), itself.
NOW THEREFORE BE IT RESOLVED THAT:
1. The terms of 2 Cal. Adm. Code Section 18730 and any
amendments to it duly adopted by the Fair Political Practices
Commission along with the attached Appendices in which officials
and employees are designated and disclosure categories are set
forth, are hereby incorporated by reference and constitute the
Conflict of Interest Codes of the following departments and
agencies:
City Manager
Personnel
City Attorney
City Clerk
Finance
Redevelopment
Fire
General Services
Planning
Recreation
Police
Public Works
Geotechnical Review Board
Consultants
2. Persons holding designated positions shall file state-
ments of economic interests pursuant to Section 4 (C) of the Conflict
of Interest Code. Pursuant to said Section 4 (C) of the Code, all
designated employees shall file their Statements with the City Clerk
to whom the City Council hereby delegates the authority to carry out
the duties of filing officer.
3. Be it further resolved that consistent with the provi-
sions of Government Code Section 87303, this Code shall be effective
July 9 , 1980.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael,
hereby certify that the foregoing Resolution was duly and regularly
introduced and adopted at a regular meeting of the Council of said
City on Monday the 16th day of
vote, to wit:
June
, 1980, by the following
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
J NE M. LEONCIN , City Clerk
�m
Job Classification
Appendix A
Designated Employees
Disclosure Category
City Manager
1,
2
Assistant to City Manager
1,
2
Administrative Secretary (City Manager)
1,
2
Secretary (City Manager)
1,
2
Personnel Director
3a
City Attorney
1,
2
Assistant City Attorney
1,
2
City Clerk
3b
Secretary/Deputy City Clerk
3b
Finance Director/Treasurer
3c
Redevelopment Assistant
1,
2
Assistant Executive Director, Redevelopment
1,
2
Fire Chief
2,
3d
Battalion Chief
2,
3d
Fire Marshal
2,
3d, 3e
General Services Director
1,
2
City Electrician
3d
Purchasing Assistant
3d
Senior Building Maintenance Worker
3d
Shop & Equipment Supervisor
3d
Planning Director
1,
2
Senior Planner
1,
2
Associate Planner
1,
2
Planning Technician
1,
2
Code Enforcement Officer
1,
2
Police Chief
3d
Police Captain
3d
Public Works Director/City Engineer
1,
2
Associate Civil Engineer
1,
2
Public Works Superintendent
1,
2
Public Works Inspector
1,
2
Traffic Engineer
1,
2
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Appendix A, con-.
Office Engineer
1, 2
Project Engineer
1, 2
Parks Superintendent
1, 2
Assistant Park Supervisor
2
Land Development Engineer
1, 2
Chief Building Inspector
3e
Building Inspector
3e
Senior Building Inspector
3e
Building Development Engineer
1, 2
Street Maintenance Supervisor
1, 2
Assistant Maintenance Supervisor
2
Recreation Director
3f
Senior Recreation Supervisor
3f
Recreation Supervisor
3f
Recreation Center Supervisor
3f
Community Arts Program Coordinator (CETA)
3f
Geotechnical Review Board
1, 2
**Consultants
1, 2
** With respect to Consultants the relevant department head
may determine in writing that a particular consultant is hired
to perform a range of duties that are limited in scope and
thus is not required to comply with the disclosure require-
ments described in these categories. Such determination shall
include a description of the consultant's duties and, based
upon that description, a statement of the extent of disclosure
requirements. The department head shall forward a copy of this
determination to the City Council. Nothing herein excuses any
such consultant from any other provision of this Conflict of
Interest Code.
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Appendix B
DISCLOSURE CATEGORIES
Category 1: All investments and sources of income.
Category 2: All interests in real property.
Category 3: Investments in business entities and sources of
income of the type which have or foreseeably
could contract with City to provide services,
supplies, materials, machinery or equipment;
or which could be enhanced when a designated
employee makes or participates in making a
decision.
a. Personnel agencies or personnel consultants.
b. Book Publishing Co. and Marin County news-
papers.
C. Financial institutions.
d. Department record forms, communications
equipment, safety, firefighting or fire
detection equipment, automotive or rolling
stock sales, automotive parts or equipment,
general departmental supplies or equipment.
e. Building supplies or building, contractor
or construction firms.
f. Travel agencies; recreation and athletic
supplies; building maintenance and cleaning
supplies.
Appendix C
MODEL CODE
(1) Section 1. Definitions.
The definitions contained in the Political Reform
Act of 1974, regulations of the Fair Political Practices Com-
mission (2 Cal. Adm. Code Sections 18100 et seq.), 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
(3) Section 3. Disclosure Categories.
This Code does not establish any disclosure obliga-
tion for those designated employees who are also specified in
Government Code Section 87200 if they are designated in this
Code in that same capacity or if the geographical jurisdiction
of this agency is the same as or is wholly included within the
jurisdiction in which those persons must report their financial
interests pursuant to Article 2 of Chapter 7 of thelYolitical
Reform Act, Government Code Sections 87200, et sem.— Such
persons are covered by this Code for disqualification pur-
poses 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 cate-
gories 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. Statements of Economic Interests:
Place of Filing.
All designated employees shall file statements of
economic interests with the code reviewing body.
l/ 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 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.
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Appendix C, cont
(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 thirty days
after the effective date of this Code. Thereafter, each
person already in a position when it is designated by an
amendment to this Code shall file an initial statement
within thirty days after the effective date of the amendment.
(B) Assuming Office Statements.
(i) All 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.
(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.
(D) Leaving 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 Economic Interests.
(A) Contents of Initial Statements. Initial
statements shall disclose any reportable investments, interests
in real property and business positions held.
(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.
(C) Contents of Annual Statements. Annual state-
ments shall disclose any reportable investments, interests
in real property, income and business positions held or
received during the previous calendar year provided, however,
that the period covered by an employee's first annual
statement 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.
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Appendix C, cont
(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) Investment and Real Property Disclosure.
When an investment or interest in real property2/ is
required to be reported,3/ the statement shall contain the
following:
(i) A statement of the nature of the invest-
ment or interest;
(ii) The name of the business entity in
which each investment is held, and a general descrip-
tion 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
thousand dollars ($10,000), or exceeds one hundred
thousand dollars ($100,000).
(B) Personal Income Disclosure. When personal
income is required to be reported,4/ the statement will
contain:
2/ For the purpose of disclosure only (not dis-
qualification), an interest in real property does not include
the principal residence of the filer.
3/ 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 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.
4/ 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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Appendix C, coni
(i) The name and address of each source of
income aggregating two hundred fifty dollars ($250)
or more in value, or twenty-five dollars ($25) or
more in value if the income was a gift, and a
general description of the business activity, if
any, of each source.
(ii) 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);
(iii) A description of the consideration, if
any, for which the income was received;
(iv) In the case of a gift, the name, address
and business activity of the donor and any in-
termediary through which the gift was made; a
description of the gift; the amount or value of
the gift; 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 Entity Income Disclosure. When
income of a business entity, including income of a sole
proprietorship, is required to be reported,5/ the statement
shall contain:
(i) The name, address, and a general descrip-
tion of the business activity of the business entity;
(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
5/ 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.
Appendix C, con!
Section 7, (D), cont.
which he or she is a director, officer, partner, trustee,
employee, or in which he or she holds any position of manage-
ment, a description of the business activity in which the
business entity is engaged, and the designated employee's
position with the business entity.
(E) Acquisition or Disposal During Reporting
Period. In the case of an annual or leaving office statement,
if an investment or an interest in real property was partially
or wholly acquired or disposed of during the period covered
by the statement, the statement shall contain the date of
acquisition or disposal.
(8) Section 8. Disqualification.
No designated employee shall make, participate in
making, or use his or her official positions to influence
the making of any governmental decision which will foreseeably
have a material financial effect, distinguishable from its
effect on the public generally, on:
(A) Any business entity in which the designated
employee has a direct or indirect investment worth more than
one thousand dollars ($1,000);
(B) Any real property in which the designated
employee has a direct or indirect interest worth more than
one thousand dollars ($1,000);
(C) Any source of income, other than loans by a
commercial lending institution in the regular course of
business on terms available to the public without regard to
official status, aggregating two hundred fifty dollars ($250)
or more in value provided to, received by or promised to the
designated employee within twelve months prior to the time
when the decision is made; or
(D) Any business entity in which the designated
employee is a director, officer, partner, trustee, employee,
or holds any position of management.
No designated employee shall be prevented from
making or participating in the making of any decision to the
extent his or her participation is legally required for the
decision to be made. The fact that the vote of a designated
employee who is on a voting body is needed to break a tie
does not make his or her participation legally required for
purposes of this section.
(9) Section 9. Manner of Disqualification.
When a designated employee determines that he or
she should not make a governmental decision because he or
she has a financial interest in it, the determination not to
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Appendix C, con -
Section 9, cont.
act must be accompanied by disclosure of the financial in-
terest. 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 em-
ployee'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. Desig-
nated employees violating any provision of this Code are sub-
ject to the administrative, criminal and civil sanctions pro-
vided 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.