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LET'T'ER FROM CITY
ATMRNEY RE POSSIBLE
CoNmCT OF Im EREST
RE DDCIARATICN OF
IMPACTION BY LAJSD City Clerk Reimche read the following letter from City
Attorney Stein regarding a conflict of interest for
Councilmen whose immediate family members are employed by
the Lodi Unified School District to vote on a decision
regarding a public hearing on a Lodi Unified School District
Declaration of Impaction.
"Or. Thursday, November t, 1982, I contacted the Fair
Political Practices Canaission and asked specifically
whether there would be .1 conflict of interest for Councilmen
chose immediate family ml;ers are employed by the Lodi
Unified School Distr.i,:t rro vote on a decision regarding a
public hearing on a ]-'-.di Unified School District Declaration
of Impaction.
The FPPC stated there was no conflict of interest. The
reasoning used and the first Section that one must look to
is under Cavernment Code Section 82030 under definitia'is
of"inoame" and thereunder Section 82030 (b) (2) to wit:
"Income" also does not inch '
-7-
--- vz rrn: tnftt vot3M -CII a decision which will affect that
inane would not, therefore, be a conflict of interest.
Subsequent to speaking with t}r� FPPC, I spoke with Dick
Eichenberger of the District Attorney's office. It war his
opiniun that since the FPPC did not oonsider that r- conflict
Of intexest exists, that he would not consider proseoxting
any suggested violation. He further stated that he agreed
with the FPPC's opinion."
FOTAID M. STEIN
City Attorney
Contin -)ed November 17, 1982
" ... (2) Salary and reimbursc-emt for expenses -
or per diem received from a state or local
government agency and reimbursement for travel
expenses and per diem received from a bona fide
educational, academic or charitable organization;"
ifie part that Section 82030 is under deals with the
requirement of filing a conflict of interest 51tatem4nt.
What the FPPC said is that since Section 82030 (b)(2) does
not include monies received from a School District,
therefore there would be no conflict of interest where a
decision of a CcL=il would affect said inane.
You get to the decision regarding the voting on the School
District inpactiot: by looking further to Gavemnan•.: Code
Section 873.03 (c) which contains the general prohibition
against a public official voting on a project or making a
decision which will affect a financia'. interest. Grwer:xment
Code Section 87103 states that an official has a financial
interest in a decision if it will have an effect on any
source of income, to wit:
"An official has a financial inter _ �t in a
decision within the meaning of Section 87100 if
it is reasonably foreseeable that the decision
will have a material financial effect, distinguishable
f: -cm its effect on the public generally..."
Since salaries received from a School District are not
considered reportable income hereunder, it is the position
of FPPC that voting on a decis:Lm which will affect that
income would not, therefore, be a cxxzflict of interest.
Subsequent to speaking with the FM, Z spoke with Dick
Sichenberger of the District Attorney s office. It was his
opinion that since the FPPC did not oinsider that a ocnflict
of interest exists, that he would not consider prosecuting
any suggested violation. 111�! further stated that he agreed
with the FPPC's opinion."
PENMD M. STEIN
City Attorney
O
'IEHORANDUM
To: Honorable Mayor and Council Members
From. City Attorney
Re: Conflicts of Interest
Date: November 4, 1982
On Thursday, November 4, 1982, I contacted the Fair
Political Practices Commission and asked epecifically
whether there would be a conflict of interest for Councilmen
whose immediate family members are employed by the Lodi
Unified School District to vote on a decision regarding a
public hearing on a Lodi Unified School District Declaration
of Impaction.
The FPPC stated there was no conflict of interest. The
reasoning used and the first Section th&L one must look to
is under Government Code Section 82030 under definitions of
"income" and thereunder Section 82030(b)(2) to wit:
"Income" also does not include:
"...(2) Salary and reimbursement for expenses
or per diem received from a state or local
government agency and reimbursement for travel
expenses and per diem received from a bona fide
educational, academic or charitable
organization;"
The part that Section 82030 is under deals with the
requirement of filing a conflict of interest statement.
What the FPPC said is that since Section 82030(b)(2) does
not include monies received from a School District,
therefore there would be no conflict of interest where a
decision of a Council would affect said income.
You get to the decision regarding the voting on the School
District impaction by looking further to Government Code
Section 87103(c) which contains the genoral prohibition
against a public official voting on a pro)act or making a
decision which will affect a financial interest. Government
Code Section 87103 states t'.'•at an official has a financial
interest in a decision if it will have an effect on any
source of income, to wit_:
Page Two
Honorable Mayor and Council Members
Re: Conflicts of Interest
"An official has a financial interest in a
decision within the meaning of Section 87100 if
it is reasonably foreseeable that the decision
will have a material financial effect,
distinguishable from it^ effect on the public
generally
Since salaries received from a School District are not
considered reportable income hereunder, it is the position
of FPPC that voting on a decision which will affect that
income would not, therefore, be a conflict of interest.
Subsoquent to speaking wit: -9 thu FPPC, I spoke with Dick
Eicbeinberger of the District Attorney's office. It was his
opinion that since the FPPC did net consider that a conflict
cf iaterest exists, that he would not consider prosecuting
any suggested violation. He further stated that he agreed
with the FPPC's opinion.
R�SNI�►LD EIN �
City Attcrney
RMS :vc
NOTICE OF PUBLIC HFARING REGARDING
DECLARATION OF IMPACTION DATED
SEP'ITMBER 7, 1982 BY LODI UNIFIED
SCHOOL DISTRICT BOARD OF TRUSTEES
WHERCAS, Ordinance No. 1149, entitled, "An Ordinance of the
City of Lodi to Provide for the Dedication of Land or Fees or Both as a
Condition to the Approval of New Residential Deveiopnents, for the
Purpose of Providing Classroom Facilities Where Conditions of
Overcrowding Deist in a Public School Attendance Area", which was
adopted by the Lodi City Council on August 2, 1978, provides that tl,e
Governing body of a school district which operates, in whole or in part,
within the City of Lodi may at any time pursuant to Government Code
Section 65971, notify the City Council that it has found that:
(1) conditions of overcrowding exist in one or more attendance areas
within the district which will impair the noimlal functioning of
educatirrol programs including the reason for such conditions existing,
(2) all reasonable methods of mitigating conditions of overcrowding have
been evaluated; and (3) no feasible methods for reducing such conditions
exist. Such notification shall remain in effect until withdrawn in
writing by the governing body of the school district.
Upon receipt of such notice, the City Ck,,uncil shall schedule
arxi conduct a public hearing on the notification for the purpose of
allowing interested parties to cannent on the matter. Following such
hearing, the City Council shall determine whether it ooncurs in such
finding. If the City Council concurs, it shall by resolution designate
the school as an overcrowded school.
NOW, T�REFVRE, BE IT RISOLV.� that the City Council _:` the
City of Lodi does hereby set: a Public Hearing on Vbdnesday,
January 5, 1983 at the hour of 3:00 p.m., or as soon thereaft►T as the
matter may be heard, in the Council Chambers, City Nall, 221 West :'ine
Street, Lodi, California, to receive public input on notificztion
received frrn the Lodi Unified School District declaring a state of
.inZaa, tion in twenty attendance areas.
Information regarding this iteln may be obtained in the office
of the City Clerk at 221 West Pine St-reet. Liz ldi, California. All
interested persons are invited to present their viears either for or
against the above proposal. Written stateeients may be filed with the
City Clerk at any time prior to the hearing scheduled herein and oral
statements may be mare at said heaAng.
Dated: November 17, 1982
By Order of the City Council
ALICE t". RELMM
City Clerk