Chapter 2.24
CONFLICT OF INTEREST CODE
Sections:
2.24.010 Purpose.
2.24.015 Definitions.
2.24.020 Designated positions.
2.24.030 Disclosure statements.
2.24.040 Disclosure statements—Place of filing.
2.24.050 Disclosure statements—Time of filing—Contents and period covered.
2.24.060 Disclosure statements—Manner of reporting.
2.24.070 Acquisition or disposal during reporting period.
2.24.080 Disqualification.
2.24.090 Manner of disqualification.
2.24.100 Copies of regulations on file.
2.24.010 Purpose.
Pursuant to the provisions of Government Code Sections 87300, et seq., the City Manager of the city, on behalf of the administrative staff of the city and all consultants, hereby adopts the following conflict of interest code. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Government Code Section 81000, et seq.). The provisions of this code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interest, including but not limited to Government Code Section 1090, et seq. The provisions of the Political Reform Act of 1974 and administrative regulations promulgated under authority of said Act by the Fair Political Practices Commission shall govern over any inconsistent provisions of this code. Except as otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are incorporated herein and this code shall be interpreted in a manner consistent therewith. (Ord. 18 § 1, 1982)
2.24.015 Definitions.
The definitions contained in the Political Reform Act of 1974, the regulations of the Fair Political Practices Commission (California Code of Regulations, Title 2, Sections 18100 through 18997), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (Ord. 9-02 § 2)
2.24.020 Designated positions.
The positions listed below are designated positions. Officers and employees holding those positions are designated employees and, for purposes of the Political Reform Act of 1974, are deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest.
|
Designated Position |
Disclosure Category |
|
Assistant City Attorney |
1 |
|
Assistant City Manager |
1 |
|
City Clerk |
3 |
|
Building Official |
1 |
|
City Engineer |
1 |
|
Community Development Director |
1 |
|
Economic Development Director |
1 |
|
Planning Manager |
1 |
|
Public Works Director |
1 |
|
Finance Manager |
1 |
|
Information Services Manager |
3 |
|
Parks and Community Services Director |
1 |
|
Assistant Director of Parks and Community Services |
2, 3 |
|
Parks and Community Services Manager |
2, 3 |
|
Parks and Facilities Development Manager |
2, 3 |
|
Heritage and Cultural Arts Manager |
1 |
|
Human Resources Director |
3 |
|
Public Works Manager |
1 |
* Consultants shall be included in the list of designated employees and shall disclose pursuant to the terms of Disclosure Category 2, subject to the following limitation:
The City 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 requirements in this chapter. Such a 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 City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
(Ord. 46-08 § 1: Ord. 18-06 § 1; Ord. 24-04 § 1; Ord. 9-02 § 3: Ord. 3-96 § 1: Ord. 9-94 § 1; Ord. 8-92 § 1; Ord. 5-83 § 1; Ord. 18 § 2, 1982)
2.24.030 Disclosure statements.
Designated positions shall be assigned to one (1) or more disclosure categories set forth in this section. The disclosure categories shall be specifically described as set forth in this section. Each employee or officer holding a designated position shall file statements disclosing that employee’s or officer’s interests in investments, real property, income and positions of management designated as reportable under the category to which the employee’s or officer’s position is assigned at the time, place and in the manner as hereinafter provided.
A. Disclosure Category 1. Interests in real property located within the city or within two (2) miles of the boundaries of the city or within two (2) miles of any land owned or used by the city; and investments and business positions in business entities, and income, including loans, gifts, and travel payments.
B. Disclosure Category 2. Interests in real property located within the city or within two (2) miles of the boundaries of the city or within two (2) miles of any land owned or used by the city.
C. Disclosure Category 3. Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the city.
D. Disclosure Category 4. Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the department or division to which the designated employee is assigned duties.
E. Disclosure Category 5. Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources that filed a claim against the city during the previous two (2) years, or have a claim pending.
F. Disclosure Category 6. Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources that are of the type to request an entitlement to use city property or facilities. (Ord. 46-08 § 2: Ord. 9-94 § 2; Ord. 8-92 § 2; Ord. 18 § 3, 1982)
2.24.040 Disclosure statements—Place of filing.
Designated employees required by this code to file disclosure statements shall file their statements with the City Clerk who will make the statements available for public inspections and reproduction. Statements for all designated employees will be retained by the City Clerk. (Ord. 9-02 § 4: Ord. 9-94 § 3: Ord. 18 § 4, 1982)
2.24.050 Disclosure statements—Time of filing—Contents and period covered.
A. Initial Statements. Each person already in a position when it is designated by an amendment to this code shall file an initial statement within thirty (30) days after the effective date of the amendment. The initial statement shall disclose reportable investments, interests in real property, and business positions held on the effective date of the amendment to the code and shall disclose any income received during the twelve (12) months prior to the effective date of the amendment to the code.
B. Assuming Office Statements. All persons assuming designated positions shall file an assuming office statement within thirty (30) days after assuming the designated position. Assuming office statements shall disclose any reportable investments, interests in real property, and business positions held on the date of assuming office and shall disclose income received during the twelve (12) months prior to the date of assuming office.
C. Annual Statements. Persons holding designated positions shall file an annual statement no later than April 1st. Annual statements shall disclose any reportable investments, interests 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.
D. Leaving Office Statements. All persons who leave designated positions shall file leaving office statements within thirty (30) days of leaving office. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received at any time during the period since the closing date of the previously filed statement and the date of leaving office. (Ord. 9-02 § 5: Ord. 18 § 5, 1982)
2.24.060 Disclosure statements—Manner of reporting.
Disclosure statements shall be made on the forms supplied by the City Clerk and shall contain the following information:
A. Contents of Investment and/or Real Property Reports. When an investment or an interest in real property is required to be reported under the provisions of this code, the report shall contain:
1. A statement of the nature of the investment or interest in real property;
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 precise location of the real property;
4. A statement of whether the fair market value of the investment or the interest in real property exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000);
5. For purposes of disclosure under this code, “interest in real property” does not include the principal residence of the filer.
B. Contents of Personal Income Reports. When personal income or a source of personal income is required to be reported, this statement shall contain:
1. The name and address of each source of income aggregating five hundred dollars ($500) 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), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000);
3. A description of the consideration, if any, for which filer received the income;
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 date on which the filer received the gift;
5. In the case of a loan, the annual interest rate, the term of the loan, and the security, if any, given for the loan.
C. Contents of Business Entity Income Reports. When the income of a business entity, including income of a sole proprietorship, is required to be reported by an employee or officer holding a designated position, the statement shall contain:
1. The name and address and 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 filer’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.
D. Contents of Business Position Reports. When business positions are required to be reported, persons holding designated positions shall list the names and addresses of each business entity in which the filer is a director, officer, partner, trustee or employee, or in which the filer holds any position of management, shall describe the business activity in which the business entity is engaged, and shall disclose the filer’s position with the business entity. (Ord. 46-08 § 3: Ord. 9-02 § 6: Ord. 18 § 6, 1982)
2.24.070 Acquisition or disposal during reporting period.
In the case of an annual or leaving office statement, if an 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. (Ord. 9-02 § 7: Ord. 18 § 7, 1982)
2.24.080 Disqualification.
A. Officers and employees holding designated positions must disqualify themselves from making, participating in the making, or using their official position to influence the making of any decision in which they have a reportable financial interest when it is reasonably foreseeable that such interest might materially be affected by the decision. No such officer or employee shall be required to disqualify himself with respect to any matter which could not be legally acted upon without his participation.
B. Notwithstanding the designation of employees and positions herein, no official or employee of the city shall make or participate in the making of a decision to or not to license, inspect, permit, contract, cite or investigate any business or property with which such official or employee has a financial interest. For the purpose of this subsection, financial interest shall have the meaning ascribed to it by Section 87103 of the Government Code. (Ord. 18 § 8, 1982)
2.24.090 Manner of disqualification.
An officer or employee holding a designated position required to disqualify himself by the provisions of this code shall notify the City Manager in writing. The City Manager shall forward such notification to the City Clerk for filing. (Ord. 18 § 9, 1982)
2.24.100 Copies of regulations on file.
Copies of the Political Reform Act of 1974 and administrative regulations adopted pursuant thereto shall be maintained on file and available for inspection in the office of the City Clerk. (Ord. 9-94 § 4: Ord. 18 § 10, 1982)