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