HomeMy WebLinkAbout1988-07-14 - RESOLUTIONS - CONFLICT INTEREST AMEND (2)RESOLUTION NO. 88- 99
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE CONFLICT OF INTEREST CODE.
WHEREAS, the City Council of the City of Santa
Clarita, California, has adopted a Conflict of Interest Code
pursuant to applicable law;
WHEREAS, the City Council recognizes that attorneys
other than the designated City Attorney handle legal issues
for the City and are in contact with City officials and,
therefore, should be designated employees for the purpose of
the Conflict of Interest Code; and
WHEREAS, the City Council of the City now desires
to add the members of the Parks and Recreation Commission to
the list of designated employees who make or participate in
the making of decisions which may foreseeably have a
material affect on financial interests.
NOW, THEREFORE, the City Council of the City of
Santa Clarita does hereby resolve as follows:
SECTION 1. Pursuant to applicable laws, and a
public hearing having been held, the attached document
entitled "Conflict of Interest Code of the Santa Clarita
City Council" be, and the same hereby is, adopted as the
Conflict of Interest and Disclosure Code ("Conflict of
Interest Code") for designated employees of the City of
Santa Clarita.
SECTION 2. Any Conflict of Interest Code
heretofore adopted for the City of Santa Clarita is hereby
rescinded.
SECTION 3. The City Clerk shall certify.to the
adoption of this Resolution and cause the filing of the
Conflict of Interest Code attached hereto in the manner
r prescribed by law.
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SECTION 4. The City Clerk shall certify the
adoption of this Resolution.
�^ PASSED, APPROVED AND ADOPTED this 14th day of
July , 1988.
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 14th day of
July 1988, by the following vote of the
Council:
AYES: COUNCILMEMBERS Darcy, Heidt, Koontz, McKeon
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS Boyer
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CITY "CLERK
APPROVED AS TO FORM AND CONTENT:
CITY ATTORNEY
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CONFLICT OF INTEREST CODE
OF THE
r"* CITY OF SANTA CLARITA
SECTION 100. Purpose. Pursuant to the provisions
of Government Code Sections 87300, et seq., the City of
Santa Clarita (hereinafter referred to as "City"), hereby
adopts the following Conflict of Interest Code. The
provisions of this Code are additional to those contained in
Title 9, Chapter 7 of the Government Code (Sections 87100 et
seq.). Except as otherwise indicated, the definitions
contained in Title 9, Chapter 2 of the Government Code
(Sections 82000 et seq.) 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 200. 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.
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SECTION 300. Disclosure Statements. Designated
positions shall be assigned to one or more of the disclosure
categories set forth in Exhibit "B". Each designated
employee or official shall 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 on Exhibit "B".
SECTION 400. Place and Time of Filing.
(a) All designated employees or officials required
to submit a statement of financial interests 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 interest shall
submit the statement within 30 days after the effective date
of this Code, disclosing interests held on 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
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employee's reportable investments and interests in real
property as those investments and interests in real property
�., exist as of the effective date of this Code or the date the
designated employee assumed office, whichever is later.
Income and business positions need not be reported on the
first statement.
(f) Annual statements shall be filed during the
month of July by all designated employees. Such statements
shall disclose reportable investments, business positions,
interest 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 cthen 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
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last statement required to be filed and the date of leaving
office.
.. (i) A designated employee who resigns the position
within 30 days following initial appointment is not deemed
to assume or leave office, provided that during the period
between appointment and resignation the individual does not
make, 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.
SECTION 500. Contents of Disclosure Statements.
Disclosure statements shall be made on forms supplied by the
City Clerk's office and shall contain the following
information:
Reports.
(a) Contents of Investment and Real Property
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;
r^ (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;
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(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 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 employee's personal residence.
(b) Contents of Personal Income Reports:
When personal income* is required to be
disclosed, the statement shall contain:
(1) The name and address of each source of
income aggregating two hundred and 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
'."Income" is defined in Title 9, Chapter 2 of the Government
Code (Section 82030). That definition is attached hereto as
Exhibit "C".
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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 dollars
($10,000), 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 amount 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;
(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;
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(3) Income of a business entity is only
required to be reported 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 section (c), 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.
(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 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
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or disposed of during the period covered by the statement,
the statement shall' contain the date of acquisition or
disposal.
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SECTION 600. 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 effect, 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 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
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(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 in writing,
who shall record the person's disqualification.
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EXHIBIT "A"
Designated 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 Disclosure
Position Categories
- Director of Community Development ........................1
- Personnel Manager........................................1
- Assistant City Attorney. ..... ..........................1
- Deputy City Attorney.....................................1
- Members of Parks and Recreation Commission...............1
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EXHIBIT "B"
e. 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.
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D. His or her status as a director, officer, partner,
trustee, employee or holder of a position of management
in any business entity which within the last two years
has contracted or in the future foreseeably may contract
with the City.
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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 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 interest or 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 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
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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).
child (9) Any loan from an individual's spouse,
parent, grandparent, grandchild, brother, sister,
parent -in-law, 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.
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