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HomeMy WebLinkAbout1994-06-28 - AGENDA REPORTS - CONFLICT INTEREST CODECONSENT CALENDAR DATE: June 28, 1994 AGENDA REPORT ity Manager A roval Item to be presented by: Donna Grindey "tL SUBJECT: CONFLICT OF INTEREST CODE -RESOLUTION NO. 94-85 DEPARTMENT: City Clerk BACKGROUND Pursuant to the Political Reform Act of 1974, as amended, Section 87306.5, no later than July 1 of each even -numbered year, the Conflict of Interest Code shall be reviewed. If a change in the Code is necessitated, the City must submit an amended Conflict of Interest Code to the City Council for approval. The purpose of the Conflict of Interest Code is to provide for the disclosure of assets and income of designated employees who will make or participate in the making of decisions which may foreseeably have a material effect on a financial interest. Attached is Resolution No. 94-85 which amends the Conflict of Interest Code by amending Exhibit A, designated employees and disclosure categories. RECOMMENDATION Adopt Resolution No. 94-85 ATTACHMENT Resolution NO. 94-85 agntpt.confinkdmg / Adopted: t y V�dLo RESOLUTION NO. 94-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADOPTING AN AMENDMENT TO THE CONFLICT OF INTEREST CODE WHEREAS, the City Council of the City of Santa Clarita previously adopted a Conflict of Interest Code to apply to certain officers and employees of the City; and WHEREAS, the City Council of the City of Santa Clarita desires to amend the Conflict of Interest Code to make it applicable to additional public officials, specifically: 1. Assistant Engineer 2. Associate Civil Engineer 3. Engineering Technician 4. Assoc. Traffic Engineer 5. Sr. Building Engineer 6. Supv. Permit Specialist 7. Senior Accountant 8. Information Resources Mgr 9. Transportation Manager 10. Associate Engineer 11. Inspectors 12. Sr. Public Works Inspector 13. Asst. Traffic Engineer 14. Building Inspectors 15. Sr. Building Inspector 16. Public Information Officer 17. CDBG Program Coordinator NOW, THEREFORE, the City Council of the City of Santa Clarita does resolve as follows: SECTION 1. The attached Exhibit A to the Conflict of Interest Code is adopted as amended to add the additional 17 positions and supersedes any previously adopted Exhibit "A". SECTION 2. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of 1994. MAYOR ATTEST: CITY CLERK I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of . 1994, by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS:. CITY CLERK MARTIN A BURKE' MIM E. MONALLY JAMES T. BRPOSI HPW, JR • MARI LMM .DOO.. MARK C ALLEN, JR• TIMOTHY B, MCOSMER MARTIN L RHE' TA J. MUNSON OAWSON JL DI C MTHOMAS 1 SCENE NORMAN E. RT KAUFMANN O DENNIS O PM EURK E' UGH ELAND C JOLEY'ENS EY N COHN L E PETER O. TRMBLAY RICHARD HGROVE J05EPH P. BUCHMAN NEIL F Y.E.' GREGORY T: DION ..IS. A. PTERIN' AUOREY H CHARLES M, CALDERO N'RAIRIII. J. SCHULOT EfCO MTH OR SO rv' ANET S. GARMSS JEARRV M ERSONF AUL CA ANDERSON. OIEOERICHS P. GALLAGHER O TE e RYB. GLA6ERER VIRGINIA R, P R 5. P I L SQLGUEPA GHT BE . DREK TRAATSMA SPENNY P DON G. KIRCHER TIMOTHY O. CREMIN MICHELE R ADON GREGORY G. DIAZ SCOTT F. FTP. RANKIN D ROZELL MARY R OUS GAYLE'IE SHERWOOD RUFUS C YOUNG,J ELIZABETH M. CALCIANO STEVEN MRLTON NOP TERESA F. E N JUDITH A ENRIGHT CAROL R. VICTOR KATHRYN R RIE.S. K, DIANE BOUGH WILLIAM MARK E INSON L15A E. JOHN O. 6GILOTTER6ECN ...CRTMI WAOOEN. LAW OFFICES BURKE, WILLIAMS 8c SORENSEN 611 WEST SIXTH STREET, SUITE 2500 LOS ANGELES, CALIFORNIA 90017 'PROFESSIONAL CORPORATION }APROFESSIONAL ABSOCIATION ADMITTED IN RANSAII d MISSOURI SAOMOTED IN CALIFORMIq MA MISSOURIRI *ADMITTED 6 WASHINGTON, OC. ADTIKANSAS ' LAX:959292 (213) 236-0600 TELECOPIER12131 236-2700 HARRY C: WILLIAMS 0IIH 621 ROYAL MSORENSEN 119 M9SH June 22, 1994 Ms. Donna Grindey City Clerk City of Santa Clarita 23920 Valencia Boulevard Suite 300 Santa Clarita, California 91355 VENTURA COUNTY OFFICE 2310 PONDEROSA DRIVE SUITE I CAMARILLO, CALIFORNIA 93010 18051 09T-9988 ORANGE COUNTY OFFICE 320O L BTREET SUITE II COSTA MESA. CALIFORNIA 92628 17 .1 S.E-5659 ZIOB NORTH O TH FRESH STREET SUITE 401 FRESNO CALIFORNIA 93720-2936 120.1 BII 0163 BURNEIWILLIAMS, SORENSEN 6 GARR LIGHTON PLAZA 7300 COLLEGE BOULEVARD SUITE 220 OVER ,KANSAS 66210 WRITERS DIRECT DIAL (213) 236-2809 OUR FILE NO. 02012-001 Re: Applicability of Conflict of Interest Code to City Consultants Dear Donna: This letter addresses the applicability of the City's Conflict of Interest Code to consultants who work for the City. Changes to the Fair Political Practices Commission (FPPC) Regulations and recent opinions from the FPPC have indicated that consultants should be included under a city's conflict of interest code. Accordingly, it is our recommendation that the Conflict of Interest Code of the City of Santa Clarita be modified to require City consultants to comply with the City's Conflict of Interest Code by filing Conflict of Interest statements with the City. The enclosed Conflict of Interest Code reflects these changes regarding consultants. Analysis Under the Political Reform Act (Government Code §§ 81000 to 91015), public officials are prohibited from making, participating in making or otherwise using his or her official Ms. Donna Grindey June 22, 1994 Page 2 capacity to influence a government decision in which the official has a financial interest. (Government Code § 87100.) The term "public official" is defined broadly to include every member, officer, employee or consultant of a state or local government agency. (Government Code § 82048.) A consultant is defined as: "[A]n individual who, pursuant to a contract with a state or local governmental agency: (A) Makes a governmental decision whether to: (i) Approve a rate, rule or regulation; (ii) Adopt or enforce a law; (iii) Issue, deny, suspend or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract; (v) Grant agency approval to a contract in which the agency is a party or the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vii) Grant agency approval to, or adopt, policy, standards, or guidelines for the agency, or any subdivision thereof, or for the investment of public funds; or (B) Serves in a staff capacity with the agency and in that capacity performs substantially the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code." (Title 2, section 18700(a)(2) of the California Code of Regulations.) Recent FPPC advice letters have taken a strict approach to coverage of consultants under the Political Reform Act. In the Myers Advice Letter from the FPPC dated July 16, 1991 (I-90-212) the FPPC considered whether the employees of a geotechnical engineering firm which contracted to provide services for the IAX:95929.2 Ms. Donna Grindey June 22, 1994 Page 3 City of Simi Valley were covered by the provisions of the Political Reform Act. The FPPC stated that because the engineers rendered ongoing advice, the engineers had, in essence, become an extension of the city staff and their opinions and advice were likely relied upon during the development permit process. The FPPC also stated that if the city staff makes a decision on a permit or project and relies upon the engineer's information or expertise, the engineer was deemed to be participating in the government decision and thus covered by the Political Reform Act. In the Chico Advice Letter from the FPPC dated May 20, 1992 (I-92-212), the FPPC ruled that an individual is a consultant for purposes of conflict of interest laws if he or she acts like a city employee and provides general advice on an ongoing basis with duties like those normally performed by the agency staff. The Chico letter also stated that a consultant provides information, advice, recommendation or counsel to a government agency and is subject to the agency's control and discretion or possesses authority with respect to decisions. Based on the FPPC Regulations and recent FPPC Advice Letters, it is our recommendation that the City of Santa Clarita should require that all individuals who provide consulting services to the City should comply with the City's Conflict of Interest Code by filing Conflict of Interest statements with the City. The recommended changes are included within the enclosed Conflict of Interest Code. If you have any further questions, please feel free to contact me. Very truly yours, //,- q, V (Z Kenneth D. Rozell for BURKE, WILLIAMS & SORENSEN cc: George Caravalho, City Manager Carl K. Newton, City Attorney IAX:95n9.2 06i17i94 15:57 V213 236 2700 BW&S LA --. CITY HALL 0 002 L&X95571.1 SECTION V. EXhIMIT "A". Designated Santa Clarita EYmoloveas and Disclosure ,Categories The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated Position Disclosure Categories Accounting Manager . . . . . . . . . . . . . . . . . . . . . 1 Administrative Assistant to the city Manager . . . . . . . . 1 Assistant City Attorney . . . . . . . . . . . . . . . . . . . 1 Assistant City Manager . . . . . . . . . . . . . . . . . . . . 1 Assistant Engineer . . . . . . . . . . . . . . . . . i Assistant Traffic Engineer . . . . . . . . . . . . . . . 1 Associate Engineer . . . . . . . . . . . . . . . . . . . . . 1 Associate Civic Engineer . . . . . . . . . . . . . . . . . . . 1 Associate Planner . . . . . . . . . . . . . . . . . . 1 Associate Traffic Engineer . . . . . . . . . . . . . . . . . 1 building Inspector . . . . . . . . . . . . . . . . . . . . . . 1 City Clerk . . . . . . . . . . . . . . . . . . . . . . . . J CityEngineer . . . . . . . . . . . . . . . . . . . . . . . 1 consultant' . . . . . . . . . . . . . . . . . . . . . . 1 Consultants shall be included in the list of designated employees and shall disclose all of the information required to be. disclosed by designated employees subject to the following limitation: (continued...) A-1 06.,17/94 15:57 0213 236 2700 BW&S LA CITY HALL Q 003 Deputy City Attorney . . . . . . . . . . . . . . . . . . . i Director of Community Development . . . . . . . . . . . . . . .. 1 Director of Finance and Genaral Services . . . . . . . . . . . 1 Director of Parke and Recreation . . . . . . . . . . . . . . 1 Director of Public works . . . . . . . . . . . . . . . . . 1 Engineering Technician . . . . . . . . . . . . . . . . . . . . l Exempt Officials,' . . . . . . . . . . . . . . . _ . 1 General Services Manaqer . . . . . . . . . . . . 1 inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Members of all City Commissions, Boards, and Committees not OtherWise Required to rile Conflict of Interest Statements 1 Parks Superintendent . . . . . . . . . . . . . . . . . . . . . 1 Personnel Manager . . . . . . . . . . . . . . . . . . . . . 1 Principal Planner . . . . . . . . . . . . . . 1 Recreation Supervisor . . . . . . . . . . . . . . . . . . . . . i Senior Accountant . . . . . . . . . . . . . . . . . . . . . . . 1 N( ... continued) The City Manager or his or her designee may determine in writing that a particular consultant, although a "designated position", is hired to perf.nrm A range of duties that is limited In scope and thus is not requires/ to fully comply with the disclosure requirement described in this Section. Such written disclosure shall inr1iift a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination i.c a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interact Code. P The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, City Treasurer, and Director of Administrative Services are all rwquired to file disclosure statements pursuant to state law and thus are not included herein. WC:95532.1 A -i 06. 17/94 15:57 10213 236 2700 U&S LA Senior Building Engineer . . . . Senior Building inspector . . . . Senior Public works Inspector . Supervising Permit Specialist . inxsa53z-1 A-3 --- CITY HALL 0 004 . . . . . . . . . . . . . . i . . . . . . . . . . . . . . i . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . 1 CONFLICT OF INTEREST CODE OF THE CITY OF SANTA CLARITA SECTION 1. Purpose. Pursuant to the provisions of Government Code Sections 87300, et sea., the, City of Santa Clarita (hereinafter referred to as "City") hereby adopts the following Conflict of Interest Code. The provisions of this Code are in addition to those contained in Title 9, Chapter 7 of the Government Code (Section 87100 et sea.). Except as otherwise indicated, the definitions contained in Title 9, Chapter 2 of the Government Code (Section 82000 et sec.) are incorporated herein and apply to this Code. It is the purpose of this Code to provide for the disclosure of assets and income of designated employees which may be materially affected by their official actions, and, in appropriate circumstances, to provide that designated employees should be disqualified from acting in order that conflicts of interest may be avoided. SECTION 2. Designated Positions. The positions listed in Exhibit "A" are designated positions. Officers and employees holding those positions are designated employees and are deemed to make or participate in the making of decisions which may foreseeably have a material effect on a financial interest. SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or more of the disclosure categories set forth in Exhibit "B.11 Each designated employee or official shall LIM-95532.1 -1- file an annual statement disclosing that employee's or official's interest in investments, business positions, interests in real property and source of income designated as reportable under the category to which the employee's or official's position is assigned in Exhibit "B." SECTION 4. Place and Time of Filina. (a) All designated employees or officials required to submit a statement of financial interests (FPPC Form No. 730) shall file the original with the City Clerk's office. (b) The City Clerk's office shall make and retain a copy of the statement. (c) A designated employee or official required to submit an initial statement of financial interests, (FPPC Form No. 730), shall submit the statement within 30 days after the effective date of this Code, disclosing interests held including investments, business positions, and interests in real property on the effective date of this Code, and income received during the twelve (12) months prior to the effective date of this Code. (d) All persons appointed, promoted or transferred to designated positions shall file initial statements not more than 30 days after assuming office. (e) The first statement of financial interests filed by a designated employee shall disclose the designated employee's reportable investments, business positions, and interests in real property as those investments, positions, and interests in real property exist as of the effective date of this Code or the date LAX:95532.1 -2- the designated employee assumed office, whichever is later, and income received during the preceding twelve (12) months. (f) Annual statements shall be filed by April 1 of each year by all designated employees. Such statements shall disclose reportable investments,_ business positions, interests in real property and income held or 'received at any time during the previous calendar year or since the designated employee took office if during the calendar year. (g) A designated employee required to file a statement of financial interest with any other agency which is within the same territorial jurisdiction and whose disclosure requirements are comparable may comply with the provisions of this Code by filing a duplicate copy of the statement filed with the other agency, in lieu of an entirely separate statement. (h) Every designated employee who leaves office shall file, within 30 days of leaving office, a statement disclosing reportable investments, business positions, interests in real property and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office. (i) A designated employee who resigns his or her position within 12 months following initial appointment or within 30 days of the date of a notice mailed by the filing officer of the individual's filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation the individual does not make, iAX:95532.1 -3- participate in making or use the position to influence any decision of the City or receive or become entitled to receive any form of payment by virtue of being appointed to the position. Within 30 days of the date of a notice mailed by the filing officer, the individual shall do both of the following: (1) File a written resignation with the appointing power. (2) File a written statement with the filing officer on a form prescribed by the commission and signed under the penalty of perjury stating that the individual, during the period between appointment and resignation, did not make, participate in the making or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. SECTION 5. Contents of Disclosure Statements. Disclosure statements shall be made on forms supplied by the City Clerk's office (FPPC Form No. 730) and shall contain the following information: (a) Contents of Investment and Real Property Reports. When an investment or an interest in real property is required to be disclosed, the statement shall contain: (1) A statement of the nature of the investment or interest; IAX:95532.1 -4- (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; property; (3) The address or other precise location, of the real (4) A statement whether the fair market value of the investment or interest in real property equals or exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hundred thousand dollars ($100,000). For purposes of this Code, "interest in real property" does not include the principal residence of the designated employee or any other property which the designated employee utilizes exclusively as the employees personal residence. (5) For purposes of this subdivision (a) of Section 5, "interest in real property" does not include the principal residence of the filer or any other property which utilizes exclusively as the personal residence of the filer. (b) Contents of Personal Income Reports: When personal income'-' is required to be disclosed under this Code or pursuant to the Political Reform Act, the statement shall contain: -' Income is defined in Title 9, Chapter 2 of the Government Code (Section 82030). That definition is attached hereto as Exhibit "C." IAX:95532.1 -5- (1) The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value or fifty dollars ($50) or more in value if the income was a gift and a general description of the business activity, if any, of each source; (2) A statement whether the aggregate value of income from each source, or, in the case of a loan, the highest amount owed to each source, was at least two hundred fifty dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but not greater than ten thousand ($10,000) dollars, or whether it was greater than ten thousand dollars ($10,000). (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made, a description of the gift, the amount or value and the date on which the gift was received; (5) In the case of a loan, the annual interest rate and the security, if any, given for the loan. (c) Contents of Business Entity Reports. When the designated employee's pro rata share of income to a business entity, including income to a sole proprietorship, is required to - be reported, the statement shall contain: (1) The name, address, and a general description of the business activity of the business entity; IAX:95532.1 -6- (2) The name of every person from whom the business entity received payments if the designated employee's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year; (3) Income of a business entity is required to be reported only if the direct, indirect or beneficial interest of the designated employee and his or her spouse in the business entity aggregates a 10 percent or greater interest. In addition, for purposes of subparagraphs 2 and 3 of this subsection, the disclosure of persons who are clients or customers of a business entity is required only if it is reasonably foreseeable that the client or customer may be materially affected by the decisions of the designated employee. (4) When a payment, including an advance or reimbursement, for travel is required to be reported pursuant to (b) and (c) of this Section 5, it may be reported on a separate travel reimbursement schedule which shall be included in the filer's statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. (d) Contents of Business Position Disclosure. When business positions are required to be reported, the designated employee shall list the name and address of each business entity LAX:95532.1 -7- 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 entity in which the business is engaged, and the designated employee's position with the business entity. (e) Acquisition or Disposal During a Calendar Year. If any otherwise reportable investment or 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. SECTION 6. Disqualification. Designated employees shall disqualify themselves from making, participating in the making of, or in any way using their official position to influence a governmental decision when it is reasonably foreseeable that the decision will have a material financial affect distinguishable from its effect on the public generally, on the designated employee, or a member of his or her immediate family, or on: (a) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (b) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; (c) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to IAX:95532.1 -8- official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (d) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, or by a business entity or trust in which the designated employee, the designated employee's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10 percent interest or greater. No designated employee shall be required to disqualify himself or herself with respect to any matter which could not legally be acted upon or decided without his or her participation. A designated employee required to disqualify himself or herself shall notify the City Manager and the City Clerk in IAX:95532.1 -9- writing, and the City Clerk shall record the person's disqualification. SECTION 7. Violations. Pursuant to Government Code Section 87300, this Code "shall have the force of law" and any violation of any provision of this Code shall be punishable in accordance with Government Code Sections 91000 to 91015 and include criminal and civil sanctions, as well as discipline within the City's Personnel System. UX:95532.1 -10- SECTION 8. EXHIBIT "A". Designated Santa Clarita Employees and Disclosure Categories The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated Position Accounting Manager . . . . . . Administrative Assistant to the Assistant City Attorney . . . . Assistant City Manager . . . . Assistant Engineer . . . . . . Assistant Traffic Engineer . . Associate Engineer . . . . . . Associate Civic Engineer . . . Associate Planner . . . . . . . Associate Traffic Engineer . . Building Inspector . . . . . . CDBG Coordinator . . . . . . . City Clerk . . . . . . . City Engineer . . . . . . . . . Consultanei . . . . . . . . . . Disclosure Categories . . . . . . . . . . . . . 1 City Manager . . . . . . . . . 1 . . 1 . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . 1 . . . . . . . . . . 1 . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . 1 21 Consultants shall be included in the list of designated employees and shall disclose all of the information required to be disclosed by designated employees subject to the following limitation: (continued...) LAX:95532.1 A-1 Deputy City Attorney . . . . . . . . . . . . . . . . . . . 1 Director of Community Development . . . . . . . . . . . . . . . 1 Director of Finance and General Services . . . . . . . . 1 Director of Parks and Recreation . . . . . . . . . . . . . . . 1 Director of Public Works Engineering Technician Exempt Officials!' . . General Services Manager . . . . . . . . . . . . . 1. . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . 1 Inspector . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Information Resources Manager . . . . . . . . . . . . . . . . . 1 Members of all City Commissions, Boards, and Committees not Otherwise Required to File Conflict of Interest Statements 1 Parks Superintendent . . . . . . . . . . . . . . . . . . . . 1 Personnel Manager . . . . . . . . . . . . . . . . . . . 1 Public Information Officer . . . . . . . . . . . . . . . . . . 1 Principal Planner . . . . . . . . . . . . . . . . . . . . . . 1 21( ... continued) The City Manager or his or her designee may determine in writing that a particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirement described in this Section. Such written disclosure shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. 31 The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, City Treasurer, and Director of Administrative Services are all required to file disclosure statements pursuant to state law and thus are not included herein. IAX:95532.1 A-2 Recreation Supervisor . . . . . . . . . . . . . . . . . . . . . 1 Senior Accountant . . . . . . . . . . . . . . . . . . . . . . . 1 Senior Building Engineer . . . . . . . . . . . . . . . . . . . 1 Senior Building Inspector . . . . . . . . . . . . . . . . . . . 1 Senior Public Works Inspector . . . . . . . . . . . . . . . . . 1 Supervising Permit Specialist . . . . . . . . . . . . . . . . . 1 Transportation Manager . . . . . . . . . . . . . . . . 1 IAX:95532.1 A-3 SECTION 9. EXHIBIT "B". Categories of Reportable Economic Interests Designated Persons in Category "1" Must Report: All investments, interests in real property, income and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. These financial interests are reportable only if located within and subject to the jurisdiction of the City, or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of the City at any time during the two years prior to the filing of the statement. Designated Persons in Category 112" Must Report: (a) All investments in real property located within or subject to the jurisdiction of the City. (b) Investments in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. (c) Income from any source which within the last two years has contracted or in the future foreseeably may contract with the City. (d) His or her status as a director, officer, partner, trustee, employee, or holder of a position of management in any IAX:95532.1 A-4 business entity which within the last two years has contracted or in the future foreseeably may contract with the City. Designated persons in Category 113" must report: (a) Investments and.business positions in, and income from business entities located in, doing business in, or planning to do business in the redevelopment project area and all interests in real property located within two miles of the redevelopment project area. IAX:95532.1 A-5 EXHIBIT "C" 82030. Income. (a) "Income" means, except as provided in subdivision (b), a payment received, including but not limited to any salary, wage, advance, dividend,.interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a 10 percent interestor greater. "Income," other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the jurisdiction, or not having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. (b) "Income" also does not include: (1) Campaign.contributions required to be reported under Chapter 4 (commencing with Section 84100.) (2) Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and IAX.95532.1 C-1 reimbursement for travel expenses and per diem received from a bona fide educational, academic, or charitable organization. (3) Any devise or inheritance. (4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. (5) Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government or a commodity future registered with the Commodity Futures Trading Commission of the United States Government, except proceeds from the sale of these securities and commodities futures. (6) Redemption of a mutual fund. (7) Alimony or child support payments. (8) Any loan or loans from a commercial lending institution which are made in the lender's regular course of business on terms available to members of the public without regard to official status if: (A) Used to purchase, refinance the purchase of, or for improvements to, the principal residence of filer; or (B) The balance owed does not exceed ten thousand dollars ($10,000). (9) Any loan from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, IAX:95532.1 C-2 IAX:95532.1 brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan from any such person shall be considered income if the lender is acting as an agent or intermediary for any person not covered by this paragraph. (10) Any indebtedness created as part of.a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, so long as the balance owed to the creditor does not exceed ten thousand dollars ($10,000). (11) Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a). (12) Proceeds from the sale of securities registered with the Securities and Exchange Commission of the United States Government or from the sale of commodities futures registered with the Commodity Futures Trading Commission of the United States Government if the filer sells the securities or the commodities futures on a stock or commodities exchange and does not know or have reason to know the identity of the purchaser. C-3