HomeMy WebLinkAbout1994-05-10 - RESOLUTIONS - AMEND CONFLICT OF INTEREST (2)RESOLUTION NO. RDA 94-7
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SANTA CLARITA
ADOPTING A CONFLICT OF INTEREST CODE
APPLICABLE TO THE MEMBERS OF THE REDEVELOPMENT AGENCY
PURSUANT TO THE POLITICAL REFORM ACT OF 1974, AS AMENDED
THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA
HEREBY RESOLVES AS FOLLOWS:
Section 1. Adoption of Conflict of Interest Code. In compliance with Section
87300 of the Government Code, the Redevelopment Agency hereby adopts the Conflict of
Interest Code, attached hereto as Exhibit A and incorporated herein.
Section 2. Application of Code. This Conflict of Interest Code shall be
applicable to members of the Redevelopment Agency, whether acting as a Redevelopment
Agency member or as governing board member or agency member of any City, Board, or
Agency.
Section 3. Disclosure. Members of the Redevelopment Agency are required,
pursuant to Government Code Section 87200, to disclose investments, interests in real property
and income. No other or no additional disclosure requirements are imposed by this Conflict
of Interest Code.
Section 4. Circumstances Requiring Disqualification. Any member of the
Redevelopment Agency, whether acting as a Redevelopment Agency member or member of
any City, Board, or Agency, must disqualify himself or herself from making or participating
in the making of any decisions which will foreseeably have a material financial effect,
distinguishable from its effect on the public generally, on any financial interest, as defined
in Government Code Section 87103. No member 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.
Section 5. Definitions. Except as otherwise indicated, the definitions contained
in the Political Reform Act of 1974 (Government Code Section 81000) and regulations adopted
pursuant thereto as they may be amended from time to time are incorporated into this
Conflict of Interest Code.
Section 6. The Assistant Secretary is directed to forward a certified copy of this
Resolution to the Fair Political Practices Commission.
PASSED, APPROVED, AND ADOPTED this 10th day of May 1994.
ATTEST:
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Board of Directors of the Santa Clarita Redevelopment Agency at a regular meeting thereof,
held on the 10th day of May 1994, by the following vote of the Board:
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
ABSTAIN: DIRECTORS:
mmrtmv\rtao].Na
Boyer, Darcy, Heidt, Smyth, Pederson
None
None
CONFLICT OF INTEREST CODE
F, OF THE
SANTA CLARITA REDEVELOPMENT AGENCY
SECTION 100. Purpose. Pursuant to the provisions of
Government Code Sections 87300, et seq., the Santa Clarita
Redevelopment Agency (hereinafter referred to as "Agency"),
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 F-92it n . 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 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
G
::8{819.3
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
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 Secretary's office.
(b) The Secretary'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 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
84819.2 2
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 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 the 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 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 Agency or
receive or become entitled to receive any form of payment by
virtue of being appointed to the position. within 30 days of the
ua�sa 3
i
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 500. Contents of Disclosure Statements. Disclosure
statements shall be made on forms supplied by the Secretary's
office and shall contain the following information:
(a) Contents of Investment and Real Prone tv Renorts.
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;
(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
84919.2 4
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;
�+ '"Income" is defined in Title 9, Chapter 2 of the Government Code
E (Section.82030). That definition is attached hereto as Exhibit
lE nen
N819.] 5
(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 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;
A919.z 6
(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
N.8t819.2 7
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.
(4) When a payment, including an advance or
reimbursement, for travel is required to be
reported pursuant to (b) and (c) of this Section
500, 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.
I
(d) contents of Bus'ness Position D'sclosure.
When business
positions are required to be reported,
N.8t819.2 7
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 or disposed of
during the period covered by the statement, the statement shall
contain the date of acquisition or disposal.
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
4.64919.2 8
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
(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.
E 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 Executive Director in writing, who shall
record the person's disqualification.
LA:64819.1 10
04/21/94 12:46 $1 213 2362700 BWIS !.a MAIN
ZXKIBIT "A"
Tr 1g.•latea E�oloveea and ni aclosure a uries
The following positions entail the making or participation
in the making of decisions which may foreseeably have a material
effect on financial interests:
Designated
tion
Disclosure
L'ategcries
- Members of the Agency Board . . , • • • , , , , , , , , 1
- Executive Director . . . .
- Assistant Executive Director i
- Assistant secretary . . . . . . . . . . . . . . . . . . 1
- Assistant Treasurer . . . . . . . . . . . . . . . . . . i
444 - Redevelopment Manager . . . . . • • • . , , , , , , , . 1
- General Counsel . . 1
- Members of all Commissions and Committees established
and appointed by the Agency Board 1
- Consultants1 . • • • • • • • • • 0S
= 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 followinq
limitations
The Redevelopment Manager 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 inc]uda
a description of the consultant's duties and, based upon the* -
description, a statement of the extent of disclosure raquiramant■.
The Redevelopment Manager's determination is a public record and
shall be retained for public inspection in the same manner end
location as this Conflict of Interest Code.
:wx:wio,t i i
EXHIBIT "B"
Categories of Reportable Economic Interests
Designated persons in Category "i" 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 Agency or if the business
entity is doing business or planning to do business in an area
subject to the jurisdiction of the Agency or has done business
within an area subject to the jurisdiction of the Agency at any
time during the two years prior to the filing of the statement.
Designated persons in Category 102" must report:
A. All investments in real property located within or subject
to the jurisdiction of the Agency.
B. Investments in any business entity which within the last two
years has contracted or in the future foreseeably may
contract with the Agency.
C. Income from any source which within the last two years has
contracted or in the future foreseeably may contract with
the Agency.
D. His or her status as a director, officer, partner, trustee,
employee or holder of a position of management in any
,AX: 64919.2 12
the Agency.
4319.2 13
business entity
which
within
the last two years has
contracted or in
the
future
foreseeably may contract with
the Agency.
4319.2 13
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 proceeds from the sale of these
securities and commodities futures.
(6) Redemption of a mutual fund.
(7) Alimony or child support payments.
.AM819.2
(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
(8) The balance owed does not exceed ten thousand
dollars ($10,000).
(9) Any loan from an individual's spouse, child,
parent, grandparent, grandchild, brothersister, 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.
A44819.2
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Santa Clarita Redevelopment Agency at a regular
meeting thereof, held on the 8th day of March , 1994,
by the following vote of the Agency:
AYES: MEMBERS: Boyer, Darcy, Heidt, Klajic, Pederson
NOES: MEMBERS: None
ABSENT: MEMBERS: None
ABSTAIN: MEMBERS: None
IL--'W� --
ASSISTANT SECRETARY
�a4832.1 —2—
CONFLICT OF INTEREST CODE
OF THE
SANTA CLARITA REDEVELOPMENT AGENCY
SECTION 100. Purpose. Pursuant to the provisions of
Government Code Sections 87300, et seq., the Santa Clarita
Redevelopment Agency (hereinafter referred to as "Agency"),
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
seg.). 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
t 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.
SECTION 300. Disclosure Statements. Designated positions
shall be assigned to one or more of the disclosure categories set
7,c;94819.2forth 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 Secretary's office.
(b) The Secretary'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 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
t:94819.2 2
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 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
if 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 the 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 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 Agency or
receive or become entitled to receive any form of payment by
virtue of being appointed to the position. Within 30 days of the
t;84919.2 3
date of a notice mailed by the filing officer, the individual
shall do both of the following:
fff (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 500. Contents of Disclosure Statements. Disclosure
statements shall be made on forms supplied by the Secretary's
office 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;
(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
:8"19.2 4
($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;
"Income" is defined in Title 9, Chapter 2 of the Government Code
(Section.82030). That definition is attached hereto as Exhibit
nCn,
-U819.2 5
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;
"Income" is defined in Title 9, Chapter 2 of the Government Code
(Section.82030). That definition is attached hereto as Exhibit
nCn,
-U819.2 5
(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
rthousand dollars ($10,000) during a calendar year;
4 aae�9.z 6
(2)
A statement whether the aggregate value of income
t
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 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
rthousand dollars ($10,000) during a calendar year;
4 aae�9.z 6
(3) Income of a business entity is only required to be
reported if the direct, indirect or beneficial
i
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.
(4) When a payment, including an advance or
reimbursement, for travel is required to be
reported pursuant to (b) and (c) of this Section
500, 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,
.,,t.c:80819.2
7
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) Acauisition 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 600. Disgualification. 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
X:84819.2 8
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
I
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 Executive Director in writing, who shall
'":84819.2 9
prs+
1
record the person's disqualification.
10
r
:84819.2
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
Position
Disclosure
Categories
- Members of the Agency Board . . . . . . . . . . . . . . 1
- Executive Director . . . . . . . . . . . . . . . . . . 1
- Assistant Executive Director . . . . . . . . . . . . . 1
- Assistant Secretary . . . . . . . . . . . . . . . . . . 1
- Assistant Treasurer . . . . . . . . 1
- General Counsel . . . . . . . . . . . . . . 1
- Redevelopment Manager. . . . . . . . . . . . .. 1
- Members of all Commissions and Committees established
and appointed by the Agency Board . . . . . . . . . . . 1
11
t EXHIBIT "B"
Categories of Reportable Economic Interests
Designated persons in Category 11111 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 Agency or if the business
entity is doing business or planning to do business in an area
subject to the jurisdiction of the Agency or has done business
within an area subject to the jurisdiction of the Agency at any
time during the two years prior to the filing of the statement.
Designated persons in Catecrory 112" must report:
A. All investments in real property located within or subject
to the jurisdiction of the Agency.
B. Investments in any business entity which within the last two
years has contracted or in the future foreseeably may
contract with the Agency.
C. Income from any source which within the last two years has
contracted or in the future foreseeably may contract with
the Agency.
D. His or her status as a director, officer, partner, trustee,
employee or holder of a position of management in any
WC:8C819.2 12
r
F�:84819.2
business entity which within the last two years has
contracted or in the future foreseeably may contract with
the Agency.
13
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 proceeds from the sale of these
securities and commodities futures.
(6) Redemption of a mutual fund.
(7) Alimony or child support payments.
:.,.::84819.2 1
(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
(S) 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,
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.
-X:84819.2