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HomeMy WebLinkAboutResolution - 94-6 RESOLUTION NO. RDA 94-6 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION NO. RDA 92-1 The Political Reform Act, Government Code Section 81000, et seq. , requires state and local government agencies to adopt and promulgate conflict of interest codes . The Fair Political Practices Commission has adopted a regulation, 2 Cal . Code of Regs . Section 18730, which contains the terms of a standard conflict of interest code. it can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal . Code of Regs . Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendices in which members and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code for the Redevelopment Agency of the City of San Jacinto. SECTION 1 DEFINITIONS: The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission ( 2 Cal . Code of Regs . Sections 18100, et seq. ) and any amendments to the Act or regulations , are incorporated by reference into this Conflict of Interest Code. SECTION 2 DESIGNATED EMPLOYEES: The persons holding positions listed in the Appendix A are designated employees . It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests . SECTION 3 DISCLOSURE CATEGORIES: This Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this Code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interest pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: 1 A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; B) The disclosure assigned in the code of the other agency is the same as that required under Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200; and C) The filing officer is the same for both agencies . Such persons are covered by this Code for disqualification purposes only. With respect to all other designated employees , the disclosure categories set forth in the Appendix B specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in Appendix B. It has been determined that the financial interest set forth in a designated employee ' s disclosure categories are the kinds of financial interests which he or she can foreseeably materially affect through the conduct of his or her office. SECTION 4 STATEMENTS OF ECONOMIC INTERESTS: PLACE OF FILING Pursuant to the standard code, designated employees shall file statements of economic interests with the City Clerk of the City of San Jacinto . Upon receipt of the statements of the Agency Legal Counsel, Agency Board Members , Executive Director, and Agency Treasurer, the City Clerk shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated members and employees will be retained by the City Clerk. SECTION 5 STATEMENTS OF ECONOMIC INTERESTS: TIME OF FILING (A) Initial Statements : All designated employees employed by the agency on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within thirty days after the effective date of this Code. Thereafter, each person already in a position when it is designated by an amendment to this Code shall file an initial statement within thirty days after the effective date of the amendment . (B) Assuming Office Statements : All persons assuming designated positions after the effective date of this Code shall file statements within thirty days after assuming the designated positions . 2 (C) Annual Statements : All designated employees shall file statements no later than April 1 of each year. (D) Leaving Office Statements : All persons who leave designated positions shall file statements within thirty days after leaving office. (E) Statements for Persons Who Resign Prior to Assuming Office: Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: ( 1) File a written resignation with the appointing power; and (2 ) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the 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 6 CONTENTS OF AND PERIOD COVERED BY STATEMENTS OF ECONOMIC INTERESTS: (A) Contents of Initial Statements : Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the Code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office: Assuming office statements shall disclose any reportable investments, interest in real property and business positions held on the date of assuming office. (C) Contents of Annual Statements : Annual statements shall disclose any reportable investments , interest in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee ' s first annual statement shall begin on the effective date of the Code or the date of assuming office, whichever is later. 3 (D) Contents of Leaving office Statements : Leaving office statements shall disclose reportable investments, interest in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. SECTION 7 MANNER OF REPORTING: Statements of economic interest shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Property Disclosure: When an investment or an interest in real property (not including principal residence) is required to be reported, the statement shall contain the following: 1 ) A statement of the nature of the investment or interests; 2 ) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3 ) The address or other precise location of the real property; 4 ) A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ( $1 , 000 ) , exceeds ten thousand dollars ( $10, 000) , or exceeds one hundred thousand dollars ( $100, 000 ) . (B) Personal Income Disclosure: When personal income is required to be reported, the statement shall contain: 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 one thousand dollars ( $1 , 000 ) or less , greater than one thousand dollars ( $1, 000 ) , or 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 of the gift; and the date on which the gift was received; 4 5 ) in the case of a loan, the annual interest rate and the security, if any, given for the loan. (C) Business Entity Income Disclosure: When income of a business entity, including income of a sole proprietorship, is required to be reportable, 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 'payment if the filer ' s pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ( $10, 000) . (D) Business Position Disclosure: When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee ' s positions with the business entity. (E ) Acquisition or Disposal During the Reporting Period: In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal . SECTION 8 DISQUALIFICATION: No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, or the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth 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 twelve months prior to the time when the decision is made; 5 (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; (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 twelve ( 12 ) months prior to the time when the decision is made. SECTION 9 LEGALLY REQUIRED PARTICIPATION: No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. SECTION 10 MANNER OF DISQUALIFICATION: When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it; the determination of the disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made a part of the City ' s official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees , this determination and disclosure shall be made in writing to the designated employee ' s supervisor. SECTION 11 ASSISTANCE OF THE COMMISSION AND COUNSEL: Any designated employee who is unsure of his or her duties under this Code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the City Attorney, provided that nothing in this section requires the City Attorney to issue any formal or informal opinion. SECTION 12 VIOLATIONS: This Code has the force and effect of law. Designated employees violating any provision of this Code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 - 91014 . In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003 . 6 The Redevelopment Agency of the City of San Jacinto does hereby resolve to adopt the foregoing as the City of San Jacinto amended Conflict of Interest Code. APPROVED AND ADOPTED this 6th day of September, 1994 . J"L ab"L'A enry of er ayor ATTEST: Dave Anderson, City Clerk ,.moo Q.ck,.1 Dep ty City Cle k) APPROVED AS TO FORM: Legal Cou sel 7 APPENDIX A DESIGNATED FILERS FORM 721 FILERS DISCLOSURE CATEGORIES Legal Counsel 1 Agency Members 1 Executive Director 1 Agency Treasurer 1 FORM 730 FILERS DISCLOSURE CATEGORIES Assistant Legal Counsel 1 Assistant to the Executive Director 1 Secretary 1 Director of Community Development 1 Director of Finance 21 31 5 Director of Public Works 1 Economic Development Assistant 1 Fire Chief 1 Police Chief 1 Senior Planner 31 4 * Consultants 1 * The Executive Director 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 requirements described in this section. Such written determination shall include a description of the consultant ' s duties and, based upon that description, a statement of the extent of disclosure requirements . The Executive Director ' 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. APPENDIX B DISCLOSURE CATEGORIES 1 . All sources of income, interests in real property, and investments and business positions in business entities . Z . All investments and business positions in business entities , and sources of income, which provide services, supplies , materials, machinery or equipment of the type utilized by the Agency. 3 . All investments and business positions in business entities, and sources of income, which are subject to the regulatory, permit or licensing authority of the Agency. 4 . All investments and business positions in business entities , and sources of income, which engage in land development, construction or the acquisition or sale of real property, and all interest in real property. 5 . All entities engaged in the business of insurance, including, but not limited to, insurance companies , carriers, holding companies , underwriters, brokers, solicitors , agents, adjusters , claims manager and actuaries . Entities or persons who have filed a claim, or have a claim pending, against the Agency. 9