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HomeMy WebLinkAboutAgenda Report - January 16, 1985 (80)U2CITY ODLWIL =ING .'_ -• JANUARY 16, 1985 RESOLUTICN Following introduction of the nkat ter by City Clerk Reimche, ANEMII, LIST CourciI, on motion of Council Maember Pinkerton, Ilinchakan OF DFSICNATM second, adopted Resolution No. 85-13 amending the list of MIPLOVEES desiimated euployees within the City of Lodi, required to REQUIRED 70 file a Conflict of Interest Filing, to include Junior Planner FILE A CCNFLICT and Associate Planner and Administrative Assistant (City \ OF INTEREST 6bs-gager' s Office) . FILINU RES. NO. 85-13 ♦.. �sy i 1 L 'KZ Y 3 , Z T S ; i r • i _ 'OUNCILCOMMUNICATI TO: THE CITY COUNCILDATE NO_ FROM: THE CITY MANAvER'S OFFICE Alice Reimche, City Clerk January 11, 1985 SUBJECT: Pmendnent to existing Resolution setting forth "designated Employees" for the purpose of filing Conflict of Interest filing. '.' RF)OCVVI ]DFD ACTION: Council is hereby requested to amend the existing resolution which sets forth "designated employees" for the purpose of filing Conflict of Ir -a -rest filings to include the position of Administrative Assistant in the City Manager's Office. ` In reviewing the provision of the code setting forth the responsibilities of employees who must be deemed as "designated employees" for the purpose of filing Conflict of Interest filings, it has been determined that the City of Lodi`s list of such employees should be amended to include the Administrative Assistant position in the City Manager's office. t. EXHIBIT "B;' •. TITc`/`T n^TY (�L" rATL'rnTiTCC a An investment, interest in real property, or income is reportable if the business entity in v.hich the investre.nt is held, the interest in real'property, or the income or source of•income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the em- ployee's posit.ion. Designated employees.in Group "1" must xeport: (a) Interests in real propexty, other than your residence, which is located in whole or in part either within the taouszdaries of the City,, or within two -miles of the boundaries of the City; including any leasehold, beneficial or ownership interest or option to acquire such interest in real property, it the fair market value of the intexest is greatex than $1, 000. 00.- (interests in real property of an individual in- clude the share or interest in real pxoperty of a business entity or trust in which the designated employee or his oz• her spouse owns, directly, indirectly, or beneficially, a fen --- per cent interest or greater.) (b) Investments in or income from persons or business cnti- ' -ties engaged in the business of acquisition or dispersal of real property within the City. I'esignated employees in Group "Z" must report: ' (a) Investments in any business entity �tinich, -within the last two years, has contracted, or in the future foreseeably may contract with the City of Lodz to provide services, supplies, -materials, machinery or equipment to the City of Lodi_ (b) .Income from any source which, within the last -two years.. has contracted, or in the future foreseeably may contract with the City of Lodi.to provide services, supplies, matexials, machinery or equipment to the City of Lodi_ (c) Hi. .k ner status as a director, W4 sole O%Vner, partnEk -trustee, ernployee, or hold( of a position of management in any business entity w1lich, within the last two years, has coz_tracted or in the future foreseeably may contract with the City of Lodi to provide services, supplies, materials, machinery or equipment to the City Of 'Lodi. Investments and income otherwise xeportable under Paragraphs (a) and (b) of Category 1'2" above, shall not _ be repDxted unless the total amount of all contracts by the business entity to provide services, supplies, - materials, .machinery or equipment to the City of Lodi was more than $1, 000. 00 in the prior calendar year, or. unless the total amount of all foreseeable contracts by the business entity to provide services, supplies, mater ials, machinery or equipment to the City of Lodi, will be more than -$I, 000.00 in the next calendar y ear_ _ ]Desi Hated employees in Group "3" must report:. - (a) investments in any business entity which within the ' last calendar year has been regulated by the City of Loci or.foreseeably may be regulated by the City of L_ -di in the next calendar year, - - (b) Each source of income, provided that the iucome Zeas furnished by or on behalf of any busi3,css entity �yiticli. within the last calendar year has been regulated by fire City of Lodi, or foreseeably may be xegulateet by thv City of- Lodi in the next calendar year. (c) His or -her status as a director,- officer, sole owner,. pa-rtner, trustee, employee or any position of managernent-' ' in any business entity which within the last calendar year has been regulated by the City of Lodi, or foreseeably may- be regulated by the City of Lodi in the next c-alendar year. 18730. Provisions of Conflict of inter �j; Codes • (Gov_ Code Sections 8%300 - 87302) (a) .incorporation by reference of the terris of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a Conflict of Interest -Code within the meaning "of Governne;3t Code Section 87300 or' the amendment of a Conflict of Interest _ • Code within the meaning of Government Code Section 87307 if . the terms of this regulation are substituted for terns of a . Conflict of Interest Code already in effect_ A code so _ • -amended or adopted and promulgated requires the reporting of: reportable' ite:2s in a manter substantially equivalent to the - • requirements of Article'•2 .of Chapter 7 of the Pol.i.tic:al- - - Reform' acts Government Code Sections 81000, et sect. The, _ requirements of a ,Conflict of Interest: Code arc: in 6iti.ors to other requirements of the Political Reform Act, sticYi aS the general prohibition against conflicts of in�Eerest con-- _ ' tained .in Government *Code Section 87100, and to other state r ; or local laws pertaining to conflicts of interest.- - 4 = (b) The .terms of a Conflict of interest .Code j# amended or adopted .and promulgated pursuant to this xegulatioxi are as follows: . (1) Section I. Definitions. k M. - The definitions contained in the Political Refota Act of 1974, regulations of the Fair Political Practices Commission Ll. ( 2 Adm. Code Sections 1 .x.00 et seg-), and any amendments to the Act or regulations, are incorporated • by reference into this Conflict of Interest Code - (2) Section 2_ Desi nated Employees - m Io ees-The Thepersons holding positions listed in the Appendix are designated employees. It has been determined that. these persons make or participate in the making of decisions hich • ' may foreseeably have a material effect ,on financial interests- (3) Section 3. Disclosure Categories. -_ .•. This Code does not -.establish any disclosure obli_-- gation for those designated employees who are also speci.fi_ecl • in Government Code Section. 87200 if they are designated xrx _ this Code in that same capacity or . if the geographical j rxri.s— _ - diction of -'this agency -is the same as or is «holly xnclucded within the jurisdiction in which those persons tsuust_ report _ ' their financial interests pursuant to 20 -elc:- % of Ghcpi er. 7 - of the Political Reform Act, Government Co ie Sections 1>7200 r. ete . l/ Such persons are covered by this Code for d i.s --- qualification purposes only. -With respect. to"zill. other designated_ employees' the disclosura categories- set forth in Designated employees who pre' required to fi:LE . statements of economic interests under any other agency' s •. Conflict of Interest Code, or under Article 2 for a different--. - jurisdiction, may expand their statement of economic in— terests to cover reportable interests in both jurxsdxctxons, and file copies of this expanded statement with both entities in lieu of, filing separate and distinct statements, provided = that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original.. See Government Code Sectzdn • 8100.. ri:F�. R'.7aa��ia*¢d ht'Sz.i'`�Y' J'Y _ .. , . • :.Y k .:*t x.. f„ s i ."d'�, ',VQY✓ .+M1 "'" �'�+ s,_, p the Appendix sp`t` --fy which kinds of finank� z3 zziter_ests ire p. - -. reportable, _h a designated employe( shall disclose in his or her statement of economic interests triose firanciz_L interests he or she has which are Of -the Lind described irz _ the disclosure categories to which he or she is assigned. in the Appendix. It has been determined that the financial •-._ 3 interests set forth in 'a designated employee's_ disclosure - categories are the kinds of financial interests which he ar- 3 - she • foreseeably _'Can -affect materially through the conduct cif _ his' or her- office. - ( 4) Section• 4 _ Statements of Economic Interests: •..Placa of Fzlzng. - . The -code reviewing body shall instruct a11. ejc— --- ::: employees required to file .statements of econorr3i.c ,Hated - interests pursuant to -this Conflict of Interest Code to file in accordance with one of the following proceciurc>s:1% i (h) All designated employees �h,,..11 f3_�_Ee st-�:t c rt�•s t of economic •interests with the agency. Upon receipt: of tIier statements. of economic interests- of the head of the -agency' . and members of boards oz:comrnissions ,not under a depar•trserit. '- of state or local government,, the -agency ;;lull make and 'I e retain a•copy of each and forward the originals of these ` statements to the code reviewing -body, erhich shalt he the 1 i� 2/ See Government Code Section 81010 and 2 Cal- Adm. Code Section 18115 for the duties of filing officers. and persons in Agencies 'who make and retain copies of stage_ ments and forward the originals to the filing officer. s • _ 3 _ - filing officer ._.ch respecU to these st- Y ants : Such sta-c— ments shall be forwarded to the code r viewing body within five days after the filing deadline or five days after receipt in the case of statements filed late. (}3) All designated employees shall file staterrtents of economic interests with the agency, which shall mate and _ retain a copy and fon and the originals to 'the. code reva.e,:73_ng body, which shall -'be the filing officer. • '(C) All designated employees shall file statements - of economic interests with -the code revie,ing body_ (5) Section 5. Statements of Economic Interests= Time of riling. r . (A) Initial Statements. All designated employees employed by :the agency on the effective :fate of 'this Code, , as originally adopted, promulgated and appy ovecs �� the code reviewing body, shall file -statements within thixty c=ays: after the effective date of this Code. person already in a. position when it is cfesignateez* by an - amendment to. this Code shall file an initial statement yo it i ax thirty days after the effective date of the amcndment_ (B) .-Assuming office ;statements_ ' . :, (i) • :All persons assuming designatec'e posi tions after the effective date of this Code which axe civil service or ;Merit system positions shall file statements within thirty days after assuming the - designated positions. or tr. t.sferred to designated p=ions-after the '44 ` of fet.tive'date of the Code shall file statcments within ten days after assuming office, or 'if subject to State Senate confirmation., ten clays- after being nominated or appointed. - (C' Annual Statements. All designated employees shall file statements no later than April I_ _ (D) Leaving Office Statements_ All persons who leave designated positions shall file statements i.ithi.n thirty days after leaving office. (6) Section G. Contents of and Period C_ ove-red by Statements m of Econo1C interests. (A) Contents of initial Statements. lraitia' statements shall disclose -:ay reportable investw.ent.s,;- ?,-::.erests in --eal prope:cty and business positions held on the. date of the Code. - (B) Contents of Assuming Office Stater;aents_ _ Assuming office statements shall disclose- ;t;ny reportable investments, interests in real property and business positions weld on the date of assuming office. or, if_ subject. to- State _ Senate confirmation or appointment, on the date of nornina -ion - (C? Contents of Annual. Statements_ Annazl state-- •- ments shall disclose any reportable investments, inn-eres s in real propeaty, income and business positions held or received during the previous calendar year provided, however, r that the period covered by an employee's _first annual statemen*- Shall begin on e effective date oz the ( -de or- Lc: UCAU(- assuming offi( `whichever is later. • (U) Contents of Leaving Office Statements_ Leaving office statements shall disclose reFortable investr'.entso interests 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 off;_ce_ (7) Secti:;n 7. 'Manner of Reporting. Statements of economic intezests shall be made on forms prescribed by- the Fair Political Practices Co;;MISSion and supplied by the agency, and shall contain the. f ol:lovying information., - - (A) Investment and Real Property Disclosure - When an investment or an interest in real property -V required to be reported, /_ the statement shall cori-t_•aill the - f 01101,7ing statement of -the nature of the invest ment ox interest; - _ - 3/ For the purpose of disclosure only (not dis- qualification) , an interest in real property does not incll.uue _ the principal residence of the filer. .q/ Investments and interests in real property . which have a fair market value of less than $1,000 are not investments and interests in real property within the Yneaning of the Political Reform Act. However, investments or interests in real property Of an individual include those held by the - individual's spouse and dependent children -as welt as a pro rata share of any investment or interest in real property of any business entity or trust in which the -individual„ spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 1.0 percent or greater.- " The name of the bum( -s er.ti-ty in whirl, each investment is held and a general description of the business activity in which ti.e business entity is engaged; • (iii) The address or other precise location of the real_ property; _ (iv) A statement whether the fair market— value _ value of. the . investment or interest in real property- exceeds ropertyexceeds one thousand dollars t$1,000), exceeds ten thousand dollars ($10,000), or exceeds one hunu�ed -thousand dollars (*100,000) (B) ' Personal Income Disclosure. 19hen-. personal income is required to -be reported,Y the statement shall_ contain= _ --- (i) The name and address of each sOUIX-e of income. aggregating two hundred Sift' da)_).ars C: .5C ) or more in vajue, or twenty --five more in value if the income was a gift-,- - f general description of the -business activity, if - any, of each source. - A designated employee's income includes his ox her community property interest in the inco=me of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government. agency. - -• 7 •- A statement whett .r the aggro -gate- value Of income from each source, or in the- of a loan, the highest amount owed to each ourc€-, cras one thousand dollars ($1,000) or less, srez:tr>r - than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); (iii) A description of the consideration, if any, for which the income was received; - (iv} In the case of a gift, .the :�z::ce, audress- and business activity of the .donor and a v in-- termediary through which the gift was made; a description: of the gift; - the amount or, vv sl.tic of • t?:c gift; and the date on which the gift wai recei.vea-. (v) 3Cn the case ' of a loan, the arinterest. _ rate and the security, 'if any, given for Lh�� lo�ii_ (C) Business Emit r IncomeDisclosure--1+tiGir. income of a business entity, including inccome of a S03 -e - - proprietorship, is required to be reported,v thy, �E;t:atement ' . shall contains (i) The name, address, and a gen�&,zal description of the business activity of the buszn entity; ' Xncome of a business entity is re�rtabl e if y _ the direct, indirect or beneficial interest of t$)r- filer and the filer's spouse in the business entity aggreg4tre:- a 10 _ percent or greater interest. Iii addition, the cTizelosure oi' persons who are clients or customers of a businc-sfy entity is required only if the clients or customers are .w .thin one cvf- the disclosure categories of the filer. _ B - bu- the fizertsn Lss entity received paymQ prtezata share of gross recepis from such p^rson was equal to or greater than ten. thousand dollars ($10,000). :. (D) Business Position Disclosure- Thea business - positions are required to be reported, a designated eraployee _ shall- list. the name and address of each business entity- 1r3 . which he or she is a director, officer, partner, trustee, empl©yee, or in• which he or she holds any position of manage-- 'Y merit, a description ,of the business activity in which the a business entity is'engaged, and the designated employee's position with the business entity. _ - (�) Acquisition or Disposal During Reporting Period.' In the case of an annual or Leaving- office- st atei,aent, • if an . investment or an interest in real proper_ t.y tsas p Ertl lly or wholly acquired or disposed of during the j;c:a_�i.c10A ociv :rc-c1 by the statement, the statement shall contain the daite of _ -or acquisition disposal.- Section 8_ Disqualification. _ _ No designated employee shall make,. participate in making, or :use his or her official positions to influence the making of any governmental decision which willforeseeably have a material financial effect, distinguishable from, its' effect on the public generally, on: (A) - Any business entity in which the designates employee has a direct or indirect investment worth moz,�_- than one thousand dollars ($1,000); - �u) rt'Zts. YrOPE rL _y ,�a vrii�Lti• Lim employee has _3irect or indirect irate t 4:0: th mores thar2 one thousand dollars ($1,000); (C) Any source of income, other than loam; by i commercial lending institution in the reqular course c)E business on terms available to the public without rec klyd to official status, aggregating two hundred fifty dollar< {$250) or more in value provided to, received by or promise(I to* the designated employee within twelve months priox to the time when the: decision is made; or _ (D) -Any business entity in which the desiqnated ' employee is a director,. officer, partner, trustee, employee, or holds any position of management. -No designated employee shall be prevented from ' making- or, participating in the raking of anY c3ec:i Dior, to t -lie extent his or her part icipatio.n is lP;z3-3-y reg uaz Cd for the deca sion to be made, The fact that the vote= of .a cicut;i trite t -ed .employee who is on a voting body is needed to break' rx tics does not make his or her participation legally requir. ed for - purposes of this section--' (9) Section 9. Manner -of Disqualification_ When ' a designated employee determines that; he cox' - '- r she should not make a governmental decision because* he ox _ F F she has a financial interest in it, the determinrttion not to act must be accompanied by disclosure of the finz-rest-it Xn the case of a voting body, this determination an(I c3i.sclosure shall be made part of the agency` s official record; S n the ' case of a designated employee who i.s the head of ate zxEjcncy'� _ 1 0 •. this determinat" z and disclosure s11411 b.4 -_zac e zt2 c12:l t pc to his or hez{ .: pointing author i ty; anCn the case Of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. _ {10) Section 10.• Assistance of the Commission and Counsel_ _ Any designated, employee who is unsure of his or ` her duties cinder this Code may request assistance from the - - Fair P63:tical Practices Commission pur :cant to Government: - Code Section .83' 14 or from the attorney for his or her agency, provided."that nothing in this section requires .the- attorney - ..for the agency to issue any formal or informal opini.on(11) Section *11. Violations. This Code has the force and effect of xzxi3. i7es5gnatec3 employees violating any provision of this Code az- e sutlj eat. _ to the administrative, criminal and civil sanctioi-w prow:ietea in the -Political Reform Act, Government Code Sect -Ji -on -s-91600 J 91014. In .addition, a decision in relation. to iwhicl- z< vlolott_ est of the disqualification provisions of this Code ox of GovE:rr3;aeries Code Section 87100 has occurred may be set asicle as. void - r , pursuant toGovernment Code Section 91003.. - {f. i _ RESOLUTION i"0. 85-13 RESOLUTION AbIENDING CITY OF LODI CONFLICT OF INTEREST CODE TO INCORPORATE BY REFERENCE THE FAIR POLITICAL PRACTICES CMI I I S S I ON ' S STANDARD P;IODEL CONFLICT OF INTEREST CODE AND ADDING DESIGNATED POSITIONS OR DESIGNATED EMPLOYEES WHEREAS, amendments to the Political Reform Act, Government Code Sections 81000, et seq., have in the past and? foreseeably will in the future require conforming amendments to be made in Conflict of Interest Codes adopted and promulgated pursuant to its provisions; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Adm. Code Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Section 11370, et seq.; and WHEREAS, incorporation by reference of the terms of the aforementioned regulation and amendments to it in Conflict of Interest Codes will save this body time and money by minimizing the actions required of this body to keep the Codes in conformity with the Political Reform Act; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. All previously adopted resolutions approving various separate Conflict of Interest Codes are hereby rescinded. 2. The terms of 2 Cal. Asim. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Codes for the following departments and agencies: A.DNI I N i STRAT I VE DEPARTMENT PUBLIC WORKS DEPARTMENT CITY ATTORNEY'S OFFICE CITY CLERK'S OFFICE FINANCE DEPAR'EIIENT POLICE DEPARniENT FIRE DEPARTMENT CM-41TUN I TY DEVELOPMENT DEPARTMENT RECREATION M-DIISSION UTILITY DEPARTMENT PARRS AND RECREATION DEPARTMENT PLANNING C01MISSION SITE PLAN AND ARCHITECTURAL REVIEW CMIM I TTEE 3. Persons holding designated positions shall file statements of economic interest pursuant to Section 4(C) of the Conflict of Interest Code. Pursuant to Section 4(C) of the Code, all designated employees shall file their statements with the City Clerk to whom the City Council hereby delegates the authority to carry out the duties of filing officer. 4. Resolution No. 84-087 is hereby rescinded. Dated: January 16, 1985 I hereby certify that Resolution No. 85-13 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 16, 1985 by the following vote: Ayes:" Councilmen - Hinchman, Pinkerton, Reid, Olson & Snider (Mayor) Noes: Councilmen - None Absent: Councilmen - None ALICE M. Etr-1r~uR City Clerk EXHIBIT "A" DESIGNATED POSITIONS OR DESIGNATED EMPLOYEES Designated —Positions --- or ------ ------------ Designated Employees Disclosure Cate Tor Public Works Director Assistant City Engineer 1, 2, & 3 Chief Civil Engineer 2 s 3 Equipment & Building Alaintenance Superintendent 2 & 3 Street Superintendent 2 & 3 Water and Wastewater Superintendent 2 & 3 City Attorney 1, 2, & 3 Assistant City Attorney 1, 2, & 3 Administrative Assistant (City Manager's Office) 1 2 & 3 City Clerk Finance Director 1, 2, & 3 Assistant Finance Director 2 & 3 Accountant II 2 & 3 Police Chief 2 Fire Chief 2 Fire Administrative Officer 2 & 3 Assistant City Manager 1, 2, & 3 Community Development Director 1, 2, & 3 Assistant Planner 1, 2, & 3 Junior Planner 1, 2, & 3 Associate Planner 1, 2, & 3 Chief Building Inspector 1, 2, & 3 Building Inspector 1, 2, & 3 -1- Exhibit "A" Continued Designated Positions or Designated Employees ---------- ----------------- Disclosure Category Utility Director 1, 2, &3 Assistant Utility Director 1, 2, & 3 Electrical Engineer 2 & 3 Director of Parks and Recreation 1, 2, & 3 Park Superintendent 2 3 & Members of the Lodi City Planning Commission 1, 2, & 3 Members of the Recreation Commission 1, 2, & 3 Members of the Site Plan and Architectural Review Committee 1, 2, & 3 Members of the Library Board of Trustees 1, 2, 3 -2- i •. (c) h`_`' �. ner status as a director, li ., sole. ov:ner, •; partner trustee, employee, or holdll of a position of management in any business entity - lhich within the last two years, has contracted or in the future .foreseeably_ may contract with the City of Lodi to provide services, supplies, materials, machinery or equipment to the City of Lodi. Investments and income otherwise reportable under Paragraphs (a) and (b) of Category "2" above, shall not be. reported unless the total arnou_nt of all contracts by the business entity to provide services, supplies, . materials, .machinery or equipment to the City of Lodi _ . was more than $ I, 000.00 in the prior calendar year, or finless the total amount of all foreseeable contracts by the business entity to provide services, supplies, matex-•- ials, machinery or equipment to the City of Lodi xvill be _ _ more than-$1, 000.00 in the next calendar year_ . Designated employees in Group '1311 must report: ' ' •. (a) Investments in any business entity which within 'the .'.last calendar year has been regulated by the City of 1,od►i or-.foreseeably may be regulated by the City of Loi in _ -- the next calendar year. (b) Each source of income, provided that the income Nvas : furnished by or on behalf of any busint;ss entity- Nvaic:i1. within the last calendar year has been regulated by t}ie• -or City of Lodz, foreseeably may be rcg-alateu by the City of. Lodi in the next calendar year. •. (c) His or-her status a's a director,• officer, sole owner,_ •, partner, trustee, employee or any position of manageine'it' ' ' in any business entity which within the last calendar year _ has been regulated by the City of Lodz, or foreseeably may ' be regulated by the City of Lodi in the next calendar yeax,. EXHIBIT B R • • DISCLOSURE CATEGORIES " To An investment, interest in real property, or incoma reportable if the- business entity in which the investment is ' the interest in real -property, or the income or source of-inc"4��-�)e may foreseeably be affected materially by any decision nzaclki�,� participated in by the designated employee by virtue of the - ployee's position. Designated employees.in Group "I" must report: - (a) Tntere.sts in real property, other than your resicZri> which is located in whole or in part either within the ' 'boundaries of the City,- or within two miles of the botti�����$xies of the City; including any leasehold, beneficial orhi� interest. or option to acquire such intc7-est in real • ' thefair market value of the interest is greater thax� . $l, 000. 00.- (interests in real property of an indivlciu��; , _ elude theshare or interest in real prop; rty of a busiric>,,j, entity or trust in which the designated employee or 111 , her spouse owns, directly, indirectly, or b_neficially,� ien -- --_- _ " per cent interest or greater.) = - (b) Investments in or income from ycrsons, or tt►sizln;�.� .;. a_� • R �i:tz - ' -ties engaged in the business of acquisition or ciispaswil �'�� xoal property within the City. .. Designated employees in Group "2" must report: .- Investments in any business entity which, zvithin j two years, has contracted, or in the future foreseeahi �:. Y `tMay ;. contract with the City of Lodi to provide services, sxt�,k,��,.. -materials, machinery or equipment to the City of 1,ociks (b) .Incorhe from any source which, within the last tw(N has contracted, or in the future .foreseeably may corxt.VN�t with ` the City of Lodi.to provide services, supplies, mztte-rkk�k� . machinery or equipment to the City of Lodi_ ' I The definitions contained in the Political Reform _ Act of 1974, regulations of the Fair Pblitical Practices b 1II730_ Provisions of Cor.fJ_ict of In.tertst Codes ' (Gov_ Code Sections II7,300 — 87302) (a) incorporation by reference of tl- e terms of this regulation along with the designation of employees anti the formulation of disclosure categories in the appendix referred to below constitute the adoption and promulgation of a Conflict of Interest Code within the meaning-of Goverra-aent Code Section_ 87300 or-the amendment of a Conflict of. Interest. • Code lith.in the meaning of Government Cade Section 87307 if - . the terms of this regulation are substituted for terms of a . • Conflict of Interest Code already in effect_ A code so _. - ­amended or adopted and promulgated requires the reporting o .a s. • reportable' items in muniner substantially equivalent- to the re requirements o£ Article' 2 ,of Chapter i of the Political � f Reform Act, Government Code Sections 81000, et: seq. `.the requirements of a Conflict of Interest: Code arc: in Z::tC'�itiC,is to'other requirements of the Political Reform Act, such as .... the general prohibition against conflicts of inf-erest con--- ' ., - - - � • _ .'tained .in Government Code Section 87100, and to other state �+ -. or local laws. pertaining to conflicts of interest- • = (b) The .terms of a Conflict of interest Code = amended or adopted and promulga�ed pursuant to this rec3ttZatxon • . Y are as follows: t (1.) Section: 1. Definitions. - The definitions contained in the Political Reform _ Act of 1974, regulations of the Fair Pblitical Practices b VW P�'�.�• ._ _ Y . _Alm f ComIilission (—A'.'X sec{_ (2 Adm. Code Sections -Loo e` aria any amendments to the Act or regulations., are incorrnora'_ie d -a ' by reference into this Conflict of interest Code- - (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these - ' . persons make or participate in the naldng of decisions which' may foreseeably have a material effect on financial intex•ests_ (3) Section 3- Disclosure Categories. ..This Code does not—establish any disclosure ob3-i-- - - gation for those designated employees who are also specifiecl _ •, -. in Government Code Section 87200 if they ar. e c'�esigisatet� 3 rs this Code in that same capacity or . if the geographical 3.,iris-- - - - diction of this agency zs the same: as or i:s wholly incl u d y within the jurisdiction in which those persons' uutst report . .their financial interests pursuant to Article:- 2 of Char.tez-. J of the Pclitical.Reform Act, Government: Core Sect8.7200,. ` :• - et seg -- Sudh persons ar d covered by this' Code for dis--- t. • qualification purposes only. -With respect . t:o' till. other - ' designated. employees; the disclosure categories set forth i m Designated employees who pre required to file- ile statements statements of economic interests under any other acrency' s - . •. Conflict of Interest Code, or under Article 2 for a diff-_orent' . jurisdiction, may expand their statement of economic in— k . terests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities ' in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of _ ars original is signed and verified by the designated employee _ as if it dere an origipal. See Government Code Sectior_ - 81004. - ._2.. the Appendix ,S,` `.fy Which kisids of fip-4ri'i�� z1 ii -11 -crests ire reportable. (_ ch a designated caployet shad disclose irX "his or her statement of economic interests those Tina racial t interests he or she has which are of -the Y_ina describe -c1 in _ the disclosure categories to which he or she is asszgner�_ zrx the Appendix. it has been determined that the financials interests set, forth in a designated employee's disclosure - - categories are the kinds of financial interests which he c>r - she • foreseeably =can -affect materially through the conduct of his'or her office. (4) Section 4_- Statements of Economic interests_ • - Place of Fil3.n9 .:The -code reviewing body shall instruct- a1I etasi5---- - hated employees required to file .statements of economic _ - i.ntdrests pursuant to' this Conflict of Interest Cou'e to f%le in accordance with one of the following pr_ocecdures: ' (A) ,All designated employ; ees 1hz�__L - f5.3 -C. stat.E-s erste • of .economic -interests with the agency. Upon z.eceipt.of: the " statements. of economic interests of the head of the' agency _ and members of boaxds or ' commissions not under a department . • : of state or local government, the' agenc_t shall ivalce anu - _retain a.copy of each and forward the originals of :_hese - - statements to the code reviewing -body, wiii.ch slial.I he the: . • 2� See Government Code Section 81010 and 2 Cal- Adm. Code Section 18115 for the duties of filing officers. and persons in agencies who make and retain copies of stc - ments and forward the originals to the filing officer- Y,., -r.. ... :..,_, ....-....,-«r.... s c ..:;, Nx a..-.wr ti.T t....o,L^r$..«,�nat .r'.�"^,�'v$""..• -.�;.. { Such filing officer A..ch respect. to these st an : static: t lnents shall be forwarded to the co3e rCrzcc;zng body t-Within five days after the 'filing deadline or five days after xcceic in the case of statements filed late_ '. AB) All designated employees shall file sta: ecor_omic• interests with the agency, which shall make and retain a copy and forward the originals to -th.e. code reviewing = body, which shall- be the filing officer_ All designated employees shall file statements ' of economic interests with the cone reviewing body_ -- (5).. Section S. Ztatem;ants of Economic Interests= :. Tame of Filing. -(A) Initial Statements. All designated empJ.oyees " employed by 'the•agency on the effective. date of this Code, _ _ .co3as originally adopted, promulgated and aPProveet I-w�the 3c- �-.- � reviewing body, shall file-statements within thirty bays • - -if ter the effective date of this Code. shereafte-S-,. -C:zzCh person already 'in a. position when it is deli fflatc:el by c.�ra _ amendment to. this Code shall file an initial- statement z7ithxri 7. . ' _ - thirty, days after the effective date of the amendment- - •. (D) -Assuming Office Statements_ `_.. .: L (i) • :All persons assuming desi.gnateci positions_ . _. after the effective date of this Coc1e Yyt►xch xe - civil service or merit system positions shah file ' '7 �-t-n hlAm r. r% 1.?; 4--11.1 +-f,; Yt-t, oft Cir assuminr, the - �`: or Zi�_, ferred to desig.iated .--�, :.dons after t, _ ' e f few `ive -date of the Code shall file statements ,vi) -thin ten days after- assuming office, or if subject to State Senate confirmation, ten days- after being = nominated or appointed_ (C) Annual Statem��ents. All designated employees - shall file statements no later than April 1_ _ (D) Leaving Off ice Statements_ Ali- persons Yihc> _ ' - • leave designated positions shall file statements ..;i_tihin - _= thirty days after leaving office. (G) Section 6. Contents "of and Period Covered by Statements. ' of Economic Interests. •. (A) Contents of Initial Statements. Initial ' statements shall disclose -any reportable jnvestments,. interests = - in real property and business posi tions held on ithe. e S- t ive date of the Code. - • (B) Contents of Assuming- Office Statements. _ Assuming office statements shall disclose.ny repor'ttcble - investments, interests in real property and business posiiioizs- held on the date of assuming office. or, if. subject Lo Ste,te Senate confirmation or appointment, on the date of nomination.- . - (Cj Contents of Annual Statements- Annual state-- �. merits 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 an,zual statement f shall begin on 1' Ct of Ecctive (Jatc o-L the assuming offiC-,whichever is later. - (Dj Content, of Leaving Office Statements_ Leav _ office statements shall disclosa reportable investments, interests in real property, income and business positions • held o'r received during the period between the closing date - _ of the last :.statement .filed and the_ date of leaving office_ (7) Section 7. `Manner of Reporting. Statements, of economic interests shall. be made on .• forms prescribed by the Fair :olitical Practices Coruaission and supplied by the agency, and shall contain the_follo►,ing . information: - _ - (Aj Investor+int and Real Property Disclosure_ en vestment o t t 3 When an in or interest in real pro er z$ h z I p � required to be reporte�l,4l. the statement shall coritaii� the following: (z� A statement of -the nature of the invest: i4ent or' interests ,- :• 3% For the purpose of disclosure only (not• ais- -' qualification) , an interest in real property does not 5,3-,cluUe - - •: the principal residence of the filer. - ' � Investments and interests in real property ' which have a fair market value of less than $1,000 axe not ' investments and interests in real property within the meaning of the Political Reform Act. However, investments or interest-- nterest-in inreal property of an individual include those held by the individual's spouse and dependent cijildrerr as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the •indiviclual, _ spouse and dependent children own, in the aggregate, a dirq indirect or beneficial interest of 10 percent or greater. _ 1 -- .5 -- - The name of the by`.r(- -s eriLity in descri.pt- , which each investment is held and a general • of the business activity in which the business entity is engaged; = _ (iii) The address or other precise location - of the real property; ' (iv) A statement whether the fair market _ L -.value of the .investment or interest in zeal propeY-ty-` - exceeds one thousand dollars -`` .. C$1f000i, exceeds ten .thousand dollars 010,000) , or exceeds one hundZeci • 'thousand dollars (*100,000)- *100,000).()3) .()3)Personal Income Disclosure. when. personz T_ income .is recjuirec3 to 'be reported,5/ the statement shall contain- - _ - ---: The name and address of each sotircc- of .E . income .aggregating two hundred fifty 'MCI $` .. -or more in value, or twenty--five dollar se -: 'more in value if the-income was a gift, zci-1c; • - ,general description of the business activity, of any, of each source. _ A designated employee's income :includes his or- rher hercommunity property interest in the income of his or her spouse but does not include salary or reimbursement for ' expenses received from a state local or federal ocrerrnrent _ 9. agency- - - • 3 7 - . t�z) A statement. whet .r the aggregatc value of income from each source, or in the. case of: a loan, the highest amount owed to each source, tans one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000) , or greater •than ten thousand dollars ($10,000); - (iii) A description of the consideration, if: any, for which the income was received; - (iv)In the case of a gift, the name, a Czdress- and business activity of the donor and any zr<— termediary through which the gift was made; a description of the gilt;-the amount_ or-value of • : the gift; and the date on which the gift s,as received •J� _ (v) 1n the caase • of a loan, the anz�z2�1_ntczest _ - • rate and the Security, '3f any, g1.YeI2 fo3= i. c moan. (C) Business Entity xncoit,e 1>isc-lasurc-.- Tizie�i_ ry income• of a business entity, including income 0E a sone i -required to be re portecd V the . sttattemc:znt proprzetorsh�p, s req zr d p ,-- "i shall. con-Eain.-. %_ (i) The name, address, and a general aescript.zo of the business activity of the business exZtity; a 6/7Cncome of a business entity is reportable if the direct, indirect or beneficial interest of the filer and ' r the filer's spouse in the business entity aggregates a .10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a bus .ness entity is t required only- if the clients or customers are .-within one of- E the disclosure categories of the filer. - r III: ON NEW busint-s eotity receivedp en , if tlle filer" ` pr.0 �:atEi share of gross receipts froa such person was equal to or greater than ten thousand dol-'ars ($10,000). - (D) Business Position Disclosure- llhe'n business - positions are required to be reported, a designated emplovee shall• list the name and address of each business entity i:n . which he or she is a director, officer, partner, trustee,, employee, or inwhich he or she holds any position of manage— . - •. _ - meat, a description of the business activity- in which the business entity is engaged, and the designated enployeals position with the business entity. - P (g} Acquisition or Disposal During Rej�ortircg Period., In the case of an annual or leaving office si-atepaen . if an .investment or an interest in real property Partially - . -or wholly acquired or disposed of during the c ov c.r C;C b 'fhe statement the statement shall contain the ci«i.e. c=f • y Y. • acquisition 'or disposal. (8i• Section 8. Disqualification. designated employee shzill make,. participate in making, or use his or her dfficial positions to influence the making of any governmental decision which will foreseeab.xy • t - •have a material ,financial effect, distinguishable from its _ effect on the public generally, on: (A) - Any business entity in vrhich the deszgnzated employee has a direct or indirect investment worth mor=e than one thousand dollars ($1,000); -- 9 w , lul � j rE�zi.� �rot����-y a,� �«�.�`��• cis u�. ,_.�..:.�:,� • employee has zrect or indirect into ,t worth more one thousand dollars ($1,000); (C) Any source of income,, other than ? oans by a commercial lending institution in the regular course of business cin terms available to the public without rega:rc to = official status, aggregating two hundred fifty clollars C$250) _ ' or more in value provided to, received by or promised to the ' designated employee ��ithin twelve months prior to the time .- when. the. decision is.made; or (D) ^ Any business entity in which the designated . employee is a director.. officer, partner, trustee, employee., _ or holds Luny position of management. Nc� designate'd employee shall be prevented fzo;n ' making., or. participating in the making of any to the extent his or her participation IS le fa.1.Jcl for t -he .a . • decision to be made. The fact that the vote: of a Ci c!si.c;rtai_eC . .employee -who is on a voting body is Weeder! to iazeak" a tie does not rc�ke his or her participation legally required for . purposes of this section. (9) Section 9_ Manner. of Disqualification_ I . When a designated employee determines that: be or she should not make a governmental decision because he. or she has a financial interest in it, the determination no -t to .act must be accompanied by 'disclosure of the financial intere:E; in the case of a voting body, this determination and disclosui shall be made part of the agency's off-icial record; in the case of a designated employee who is the head of•arz agency; -. this determin,s, C-111 disclosure shall b=; �uc,c irl trrrting to his or her(' ppointing authority; an( in the cash OE o hei7 designated employeest this determination and disclosure shall be made in writing to the designated employee's =- supervisor. (10) -Section 10- 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 FairPolitical Practices Commission pursuant to Government: . Code Section .83114 or' from the attorney •for his or her agency, provide'd.'that nothing in this section requires,the- attorney for the 'ag.ency to issue any formal cr informal opinion- - . • . .. (11) - Se•c tion '11.. .Violations. • This Code has the force and effect of IcziPesianatccz� ' employees violating any provision of this Co:1e ar e su? jcat. . to the administrative, criminal and civil sanction_ pro4i ped • •. in the Political Reform Act, Government Code Sec:L'L. s 8_10 in --• t.: 91014. In addition, a decision in relation. to wh:icl-L « ViO1aUC,3. of the disqualification provisions of this Code or of CovErrTinanl Code Section 87.100 has occurred nay be set asxcIe- Ecs. voi%:i • . pursuant toGovernment Code Section 91003. - - Ili - .- .. - •• - - • � .