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HomeMy WebLinkAboutCC Resolution 11173 (FPPC Disclosure Categories)RESOLUTION NO. 11173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING RESOLUTION NO. 10735 AND ADOPTING CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, INCLUDING UPDATE OF MODEL 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; �� 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Act, Government Code Sections 11370, et seq.; and WHEREAS, By adoption of Resolution No. 5922, on June 16, 1980 (repealed by adoption of Resolution No. 8746 on September 21, 1992) and by adoption of Resolution No. 9164 on June 20, 1994 (repealed by adoption of Resolution No. 9707) and by adoption of Resolution No. 9707 on September 16, 1996 (repealed by adoption of Resolution No. 10313) and by adoption of Resolution No. 10313 on September 21, 1998 (repealed by adoption of Resolution 10735) and by adoption of Resolution 10735 on October 16, 2000, the City Council adopted a Conflict of Interest Code in compliance with Government Code section 87300 and section 18730 of the Regulations of the Fair Political Practices Commission; and U NAL ���3 WHEREAS, Government Code section 87306.5, added in 1990, now requires that cities review their Conflict of Interest codes by July 1 of every even numbered year, and to make changes required to keep the local code in compliance with state law; and WHEREAS, The City has reviewed its conflict of interest code, and has determined that when amended by the adoption of this resolution, the City's Conflict of Interest Code will continue to comply with state law; and WHEREAS, this body has determined that the attached Appendices 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, including Appendix D - Update of Model Code). 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 Attorney City Clerk City Manager Community Development Community Services Fire Library Management Services 2 Police Public Works Redevelopment Cultural Affairs Commission Design Review Board Geotecluiical Review Board Park and Recreation Commission Consultants 2. Persons holding designated positions shall file statements 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 provisions of Government Code Section 87303, this Code shall be effective September 16, 2002. I, JEANNE M. LEONCM, 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 Mondav, the 16th day of September. 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 3 ht . JEANE M. LEONCINI, City Clerk word\city clerk work\agenda related\conflict of int-reso APPENDIX A Designated Emnlovees DEPARTMENT POSITION Management Services Assistant Director Management Services -- Financial Services Assistant Director Management Services -- Human Resources/Risk Management Assistant Director Management Services -- Information Services Network Administrator Information Systems Manager Programmer Analyst I I Risk Manager Print Shop Supervisor Parking Services Manager City Attorney Assistant City Attorney Deputy City Attorney City Clerk City Clerk Deputy City Clerk City Manager Assistant City Manager Assistant to City Manager Administrative Assistant to City Manager Community Development Community Development Director Principal Planner (Future Planning) Principal Planner (Current Planning) Senior Planner Associate Planner Assistant Planner Planning Technician Code Enforcement Manager Code Enforcement Official III Code Enforcement Official II Code Enforcement Official I Chief Building Official Construction Inspector Supervising Building Inspector Building Inspector II Building Inspector I DISCLOSURE CATEGORY 1,2 3a, 3g 3d, 3e, 3g 3d, 3g 1,2 3d, 3g 1,2 3d 1,2 1,2 1,2 3b, 3g 3b, 3g 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 3e 3e 3e DISCLOSURE DEPARTMENT POSITION CATEGORY Community Services Community Services Director 3f, 3g Assistant Director Community Services 3f, 3g Senior Recreation Supervisor 3f, 3g Recreation Supervisor -- Athletics 3f, 3g Recreation Supervisor -- Child Care 3f, 3g Recreation Supervisor -- Youth Services 3f, 3g Recreation Supervisor - Pickleweed 3f, 3g Community Center Recreation Supervisor -Terra Linda 3f, 3g Community Center Fire Fire Chief 2, 3d, 3g Fire Division Chief 2, 3d, 3g Battalion Chief -- Fire Prevention 2, 3d, 3e, 3g Deputy Fire Marshal 2, 3d, 3e, 3g Battalion Chief -- Training 2, 3d, 3g Fire Prevention Inspector 2, 3d, 3e Library/Cultural Affairs Library Director 3d, 3g Library Manager 3d, 3g Cultural Affairs Supervisor 3d, 3g Police Police Chief 3d, 3e, 3f, 3g Police Captain 3d, 3e, 3f, 3g Police Lieutenant 3d, 3e, 3f, 3g Police Civilian Supervisor (Records) 3d, 3e, 3f, 3g Police Communications Supervisor 3d, 3e, 3f, 3g Personnel & Training Manager 3f, 3g Training Officer 3f, 3g Training Personnel 3f, 3g Support Services Manager 3d, 3e, 3f, 3g Management Analyst 3d, 3e, 3f, 3g Public Works Public Works Director/City Engineer 1,2 Assistant Director Public Works / 1,2 Maintenance Operations Assistant Director Public Works / 1,2 Engineering City Traffic Engineer 1,2 Traffic Engineer 3g Associate Traffic Engineer 3g Traffic Technician I 3g Transportation Planner 1,2 Administrative Supervisor 1,2 Civil Engineer 3g Assistant Civil Engineer 3g Senior Associate Engineer 3g Associate Engineer 3g Engineering Technician 11 3g 2 DISCLOSURE DEPARTMENT POSITION CATEGORY Public Works GIS Analyst (Continued) Public Works Inspector Parks Superintendent Supervising Groundsworker Shop & Equipment Supervisor Street Division Superintendent Street Maintenance Supervisor Assistant Street Maintenance Supervisor Sewer Maintenance Superintendent Sewers Supervisor Facility Repair Supervisor Redevelopment Economic Development Director / Assistant Executive Director Redevelopment Agency Economic Development Program Coordinator Events Coordinator Boards & Commissions Cultural Affairs Commission Design Review Board Geotechnical Review Board Park and Recreation Commission "Consultants 3g 3e 3d, 3e 3d, 3e 3d 1,2 1,2 1,2 3e 3e 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 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 requirements 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. word\city clerk work\fppc\conflict of int -700 series\appendix a 3 APPENDIX B Disclosure Categories Cateqory 1: All investments and sources of income. Cateaory 2: All interests in real property. Cateaory 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 newspapers; 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; Travel agencies; recreation and athletic supplies; building maintenance and cleaning supplies; and g. Book, software, and audio-visual publishers and distributors; computer equipment manufacturers and distributors. NOTE: PENALTY FOR LATE FILING AS REQUIRED UNDER THE POLITICAL REFORM ACT OF 1974, AS AMENDED, SECTION 91013, IF ANY PERSON FILES AN ORIGINAL STATEMENT AFTER ANY DEADLINE, HE SHALL BE LIABLE IN THE AMOUNT OF ($10.00) PER DAY AFTER THE DEADLINE UNTIL THE STATEMENT IS FILED UP TO A MAXIMUM OF ($100.00), WHICHEVER IS GREATER. word\city clerk work\fppc\conflict of int -700 series\appendix b AVvendis C MODEL COt1QE (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Com- mission 12 Cal. Adm. Code Sections 18100 at se9.j, and any amendments to the Act or regulations, are Tncorporated by reference Into this Conflict of interest Code. (2) Section 2. Desiqnated 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 67200 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 67200, at seg.— Such Persons are covered by this Code for disqualffication 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 bis or her statement of economic interests those financial interests be 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 not forth in a designated employee's disclosure categories are the kinds of financial interests which be or she Foreseeably can affect materially through the conduct of his or bar office. (4) Section 1. Statements of Economic interests: place of P'xitnq. All designated employees shall file statements of economic interests with the code reviewing body. 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 jurisdictions, and file =r -pies 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 81005. - 1 - Aependix C, cont'd. (S ) Section 5. Statementsof Sc000de Interests,: -rime or MYiinq- (A) Initial Statemente. All desigoated esPloYees employed by the agency on the etteetive date of this Code. as originally adopted. promulgated and approved by the code reviewing body. shall Me Statements within thirty days after the effective date of this Code. Thereafter. ecb person already in a position when it to designated by as amendment to this Code shall file an initial statement within thirty days after the effective date of the amendment. (8) Assuming Office Statements. (1) All persons assuming designated positions after the effective date of this Code which are civil service or merit srstM positions shall file statements within thirty dais after assuming the designated positions. (ii) All other persons appointed. promoted or transferred to designated positions after the effective date of the Code d all file statsmeats within ten days after assuming office, or it subject to state Senate confirmation, ten days after being somiaated or appointed. shall file(C) Annual statements noal�terts. All tban April I. employees (D) LeaviaF Office Statements. All persons who leave designated posilions shall Pile statements within thirty days after leaving office. (8) Section S. Contents of and Period Covered by Statements of sconomic interests.. (A) Contents of Initial Stapta. Initial statements shall disclose any reportnO a investments, interests in real property and business positions -held. (B) contents of Assuming Office Statements. Assuming office statements shall 612CIOM any reportabl Investments. Interests in real property and business Positions held on the date of assuming office or, It subject to State Senate confirmation or appointment, on the date of 00010ation. (C) Contents of Annual_atatessets. Annual state— ments shall disclose any reportable Investments. interests in real property, income and business positions bold 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 LesvinS Office statements. Leaving off ice statements shall disclose reportaeae Investments, interests in real property. income and bneineas positions held or received during the period betwees the closing date of the last statement filed and the We of leaving office. - 2 - Appendix cont'd. (7) Section 7. Manner of Revortinll. Statements of economic interests shall be made on forms prescribed by the Pair Political Practices Commission and supplied by the agency. and shall contain the following Information: (A) Ioveetment and Real Property Disclosure. When an investment or interest in real propertys/ Is required to be reported,3/ the statement shall contain the following: (1) 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; (111) 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 (310.000), or exceeds one hundred thousand dollars (3100,000). (8) Personal Income Disclosure. When personal Income is required to be reported.4/ the statement will contain: a/ For the purpose of disclosure only (not dis- qualificat'on). 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 to individual include those bold 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 employe!'s or her community property interest in her spouse but does not include salary expenses received from a state, local agency. - 3 - Income includes his the income of his or or reimbursement for or federal government Appends: C. costa. (1) 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 mads; a description of the gift; the amount or value of the gift; and the date on which the gift vas 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. ®ben Income of a business ent1ty, including income of a sole proprietorship. is required to be reportsd.5/ the statement shall contain: (1) The name, address, and a general descrip- tion of the business activity of the business entity; (11) 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 (310, 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 51 Income of a business entity the direct. indirect or beneficial interei the filer's spouse to the business entity percent or greater interest. In addition persons who are clients or customers of a required only if the clients or customers the disclosure categories of the filer. - 4 - In reportable if st of the filer and aggregates a 10 the disclosure of business entity is are within one of Appendia C. cont'd. Section T. (D), coot. which be or she is a director. officer. partner, trustee, employee, or to 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 Duri ppQstin Period. Io the case of an annum or leaving office statement. If an investment or an interest is 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 S. 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 an terms available to the public without regard to official status, aggregating two hundred fifty dollars (S250) or more in value provided to. received by or promised to the designated employee within twelve mostba prior to the time when the decision is made; or (D) Any business entity to 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 taking of any decision to the extent bis or bar 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 oseded to break a tie does oot 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 malice a governmental decision because be or she bsC a financial inter=st In it. tha determination not to - 5 -- 8wsndix C, cont'd- act must be accompanied by disclosure of the financial in- terest. In the cage of a voting body, this determination asd disclosure @ball be side 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 wade In writing to his or bar 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 ascistance 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 61000 - 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 say be set aside as void pursuant to Government Code Section 91003. - 6 - cn rn o U I C.) Cj h� r. Appendix D MODEL CODE UPDATE (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, et seq. 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 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, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest 02/1/01 1 18730 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 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, et seq. 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; (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.' ' Designated employees who are required to file statements of economic interests under any other 02/1/01 2 18730 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. (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 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.Z (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. 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. Z See Government Code section 81010 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. 02/1/01 3 18730 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 after 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 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. (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 02/1/01 4 18730 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. (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 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 02/1/01 5 18730 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 property' is required to be reported,' 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 of the real property; 4. A statement whether the fair market value of the investment or interest in real property exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000). (B) Personal Income Disclosure. When personal income is required to be reported,' the 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 $2,000 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. 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 02/1/01 6 18730 statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars ($500) 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), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000); 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 and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,b the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; government agency. b 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. 02/1/01 7 18730 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 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. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government 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 (a), (b), and (c) of Government Code section 89501 shall apply to the prohibitions in this section. 02/1/01 8 18730 This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506. (8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of $320. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $320 in a calendar year from any single 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 (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which 02/1/01 9 18730 the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the Iender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 02/1/01 10 18730 office. 1. Loans made to the campaign committee of an elected officer or candidate for elective 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan 02/1/01 11 18730 is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: loan. a. The date the loan was made. b. The date the last payment of one hundred dollars ($100) or more was made on the c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 02/1/01 12 18730 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (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 two thousand dollars ($2,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest 02/1/01 13 18730 worth two thousand dollars ($2,000) 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 five hundred dollars ($500) 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 donor of, a gift or gifts aggregating $320 or more provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (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 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 02/1/01 14 18730 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 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. Disclosure of Disqualifying Interest. 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 may be accompanied by disclosure of the disqualifying interest. 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. (11) Section 12. 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 - 91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government 02/1/01 15 18730 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 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code. 02/1/01 16 18730