HomeMy WebLinkAboutResolutions - No. 84-087RESOLUTION NO. 84-087
RESOLUTION AMENDING CITY OF LODI CONFLICT OF
INTEREST CODE TO INCORPORATE BY REFERENCE THE
FAIR POLITICAL PRACTICES COMMISSION'S STANDARD
MODEL 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separate Conflict of Interest Codes are hereby rescinded.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. Adm. 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:
ADMINISTRATIVE DEPARTMENT
PUBLIC WORKS DEPARTMENT
CITY ATTORNEY'S OFFICE
CITY CLERK'S OFFICE
FINANCE DEPARTMENT
POLICE DEPARTMENT
FIRE DEPARTMENT
COMMUNITY DEVELOPMENT DEPARTMENT
RECREATION COMMISSION
UTILITY DEPARTMENT
PARKS AND RECREATION DEPARTMENT
PLANNING COMMISSION
SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE
84-087
-1-
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.
Dated: June 20, 1984
I hereby certify that Resolution No. 84-087 was passed
and adopted by the City Council of the City of Lodi in a
regular meeting held June 20, 1984 by the following
vote:
Ayes: Councilmen - Hinchman, Olson, Pinkerton, Reid
and Snider
Noes: Councilmen - None
Absent: Councilmen - None
ALICE M. IttIMCHE
City Clerk
84-087
-2-
EXHIBIT "A"
DESIGNATED POSITIONS
OR
DESIGNATED EMPLOYEES
Designated—Positions or_DesiKnated_Employees— _ _Disclosure'Category
Public Works Director 1, 2, & 3
Assistant City Engineer 1, 2, & 3
Chief Civil Engineer 2 & 3
Equipment & Building Maintenance Superintendent 2 & 3
Street Superintendent 2 & 3
Water and Wastewater Superintendent 2 & 3
City Attorney
1,
2,
& 3
Assistant City Attorney
1,
2,
& 3
City Clerk
2
Finance Director
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
Chief Building Inspector
1,
2,
& 3
Building Inspector
1,
2,
& 3
Utility Director
1,
2,
& 3
Assistant Utility Director
1,
2,
& 3
Electrical Engineer
2
& 3
-1-
Exhibit "A" Continued
Designated_ Positions or Designated _Employees Disclosure _Category
Director of Parks and Recreation
Park Superintendent
1, 2, & 3
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
-1)-
EXHIBIT "B"
DISCLOSURE CATEGORIES
An investment, interest in real property, or income is
reportable if the business entity in xhich the investment 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 position.
Designated employees. in Group "1" must report:
(a) Interests in real property, other than your rzsidence,
which is located in whole or in part either within the
boundaries 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,
if the fair market value of the interest is greater than
$1,000.00. (interests in real property of an individual in -
elude thesbare or interest in real property of a business
entity or trust in which the designated employee or his of
her spouse owns. directly, indirectly, or beneficially, a ten
per cent interest or greater.)
(b) Investments in or income from persons or business enti-
ties engaged in the business of acquisition or ciispo' sal. of real
property within the City.
Designated employees in Group "2" must report:
(a) Investments in any business entity vfnich, tvitnin 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.
(b) .Incori-iefrom 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, materials,
machinery or equipment to the City of Lodi_
(c) His ler status as a director, offir� sole, owner,
partner, trustee, employee, or holder of a position of
management in any business entity which, within the last
two years, has contracted or in the future foreseeably
may contract with the City of Lodi to protide services,
supplies, materials, machinery or equipment to the City
of Lodi.
Investments and income otherwise reportable under
Paragraphs (a) and (b) of Category "Z" above, shall not
be reported 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 $1, 000.00 in the next calendar year.
Designated employees in Group " 3" must retort: _
(a) Investments 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 Lo di in
the neat calendar year.
(b) Each source of income, provided that the income:. was .
furnished by or on behalf of any business entity Nvhiclz
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 calendar year.
(c) His or -her status as a director, -officer, sole owzier,_ "
partner, 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 foxesecably may-
be regulated by the City of Lodi in the next calendar year.
1.8730. Provisions of Conflict of Interest Codes
(Gov. Code Sections 87300 - 87302)
(a) Incorporation by reference of the terms 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 promulgatiozi
of a Conflict of Interest Code within the meaning -of Government
Code Section 87300 or, the amendment of a Conflict of lnterest
Code within the meaning of Government Code Section 87307 if
the terms of this regulation are substituted for terms of a
Conflict of Interest Code already in effect. A rode so
.
-*amended or adopted and promulgated requires the reporting of
reportable' items in a mangier substantially equivalent to the
requirements of Article•' 2 .of Chapter 7 of the Pol 5 tical
Reform Act, Government Code Sections 81000, tt seq. The
requirements of a Conflict of interest• Code are in a:i,l i tics's
to other requirements of the Political Reform Act_r such c.s
the general prohibition against conflicts of inferest con-
tained in Government Code Section 87100,r 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 promulgated pursuant to this regulation;
are as follows:'
(1) Section I. Definitions. -
The definitions contained in the Political Reform
Act of 1974, regulations of the Fair Political Practices
Commission (2 Cal. Adm. Code Sections 18101 et seq_ : end
any amendments to the Act or regulations, are incorporated
by reference into this Conflict of interest. Code.
(2) Section 2. Designated Employees- -
T.he persons holding positions listed in the Appendix
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_ '
(3) Section 3. Disclosure Categories.
This Code does not.establish any disclosure obli—
gation for those designated employees who- are also specif ied
in Government Code Section 87200 if they are designated in '
this Code in that same capacity or if the geographical_ juris—
diction of 'this agency is the same as or is wholly included.
within the jurisdiction in which those persons zaust report
their financial interests pursuant to xsr.tic-1 , 2 of- Chapter-. 7
of the Political Reform Act, Government Corte Sections, 97200,
et sea.— Such persons and covered by this Code for dis--
qualification purposes only. -With respect. to'.all- other _
designated. employees, the disclosure categories set forth in
l� Designated employees who pre required to filo
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 jurisdictions,
and file copies of this expanded statement with moth 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 origipal. See Government Code Section
&1004. _
2
une nppena3_x sp` -.iy which kinds of finar.V -ii interests are
reportable. Sucn 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. zn
the Appendix. It has been determined that the financial
interests set, forth in 'a designated employee:' -s disclosure
categories are the kinds of financial interests which he ox'
she. foreseeably .can 'affect materially through the- conduct of
his'or her office.
(4) Section 4.- Statements of Economic ' Intere s is :
Place of Filing.
'The code reviewing body shall instrvci: all deszg--
hated employees required to file -statements of econami.c:
interests pursuant to this Conflict of Interest Coee to file
in accordance with one of the following procedures _ 1� -
(A) All designated employees shy ll file- stats -t Brits
of economic interests with the agency. Upon )r.er_cipt.of the -
statements. of economic interests - of the head of the' agency
and members of boards or commissions not under a department.
of state or local government, the agency shall mare and
..retain atopy of each and forward the originals of these .
statements to the code reviewing -body, which shall he the
2See Government Code Section 81010 and 2 Cul_ _
Adm. Code Section 18115 for the duties of filing officers.
and persons in agencies -who make and retain copies of state --
meats and forward the originals to the filing officer.
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or trs� iferred to designated po Lions -after the
effective -date of the Code shall file statements
within ten days after assuming office, or if subject
to State Senate confirmation, ten days- after being
nominated or appointed_ _
(C) Annual Statements. All designated employees
shall file statements no later than April 1-
(D) Leaving office Statements_ All persons who
leave designated positions shall file statements within -
thirty days after leaving •office. _
(G) Section 5. 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. -
- (B) Contents of Assuming Office Statcrien4_ _
Assuming office statements shall disclose any reportable
investments, interests. in real property and business positions
held on the date of assuming office. or$ if subject to State _
Senate confirmation or appointment, on the date of nomination_
(C) Contents of Annual Statements_ Annual state—
ments 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--
5
tatemeztt5
srna.L.L oegin on f e ettect2.ve date oz the j- -de or the uar-e of
assuming office whichever is later.
(D) Contents of Leaving Office Statements_ Leaving
office statements shall disclose reportable investments,
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 office_
(7) Section 7_ Manner of Reporting.
Statements,of economic inteVests shall be made on.
forms prescribed by the Fair Political Practices Commission
and supplied by the agency, and shall contain the. follo;,•ing
information:
(A) Investment and Real property Disclosure -
When an investment or an. interest in real property3/ is.
• required to be reporteci,A/. the statement shall contain the -
f of lowing :
(i } A statement of -the nature of the invest----
ment or interest;
3/ For the purpose of disclosure only (not dis—
qualification),
is—
qualification), an interest in real property does not include _
the principal residence of the filer.
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 meanin 1
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 childrem as well 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 10 percent or greater.-
} The name of the busir� -s entity in
which each investment is held, and a general descriptio:
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.
value of the investment or interest in real property
exceeds one thousand dollars ($1,1100) , 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,sl the statement shall
contain:
(i) The name and address of each s ouLrce of
income aggregating two hundred fifty dol -laws Cc250)
or more in value, or twenty --five dollar.,
more in value if the income was a gift, anel a
• - , ' general description of the business activity, if
any, ofeach source_
5� A designated employee's income includes his or -
her community 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 government:
agency. _
-7--
S.
A statement whethe-. --he 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)
(iii) A description of the consideration, if:
any, for which the income was received;
(iv) In the case of a gift, the naiae, address
: and business activity of the donor and any in
termediary through which the gift was made; a
description of the gift; the amount or value of
• ,the gift; and the date on iihich the Clift %-,-as received.
(v) In the case of a loan, the annual interest. _
rate and the security, 'if any, given fox: the load.
(C) Business Entity income Disclosure-- When..
income of a business entity, including income oL a sole
proprietorship, is required to be reported.V Lhe . stateme=nt
shall contain:
(i) The name, address, and a general description
of the business activity of the business entity;
6/ Income of a business entity is reportable if
the direct, indirect or beneficial interest of the filer and
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 business entity is
required only if the clients or customers are within one of -
the disclosure categories of the filer.
• busing .s entity received paymert : if the filer's
pro rata share of gross receipts from such person
•was equal to or greater than tern thousand dollars-
($10,000).
ollars($10,000).
(D) Business Position Disclosure. Whan 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, partners trustee, -
employee, or in .which he or she holds any position of manage—
merit,, a description.of the business activity in. -which the
business entity is'engaged,. and the designated erployee*s
position with the business entity. _
(E) Acquisition or Disposal During Reporting
Period.' In the case of an annual or leaving - office: statement,
if an . investment or an interest in real property x -Jas partially
or wholly acquired or disposed of during the �;�c:�:3.au z:t•.•E-rc-:�
by, the statement, the statement shall contain the elute of
acquisition or disposal. -
M Section 8. Disqualification.
- _ No designated employee shall make,- participate in
making, or 'use his or her official positions to influence
the malting of any governmental decision which v?i11 foreseeably
have a material .financial. effect, distinguishable from its -
effect on the public generally, on:
(A) Any business entity in which the ciesi.gnated
employee has a direct or indirect investment worth more than
one thousand dollars ($1,000); - _ -
• -- 9 --
employee has a ...erect or indirect intere.. _ worth more than
one thousand dollars ($1,000);
(C) Any source of income, 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 tine
designated employee within 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, enployee,
or holds Any position of management.
-No, designated employee shall be prevented from
_ making or. participating in the making of. any Clecisiorz to the
extent his or her participation is legally r. e ,mire:= for t ihc.
decision to be made. The fact that the vote: of a ezesi.gna tc,-
employee 'who is on a voting body is needed to break ' a tic
does not make his or her participation legally required for
purposes of this section.
(9) Section 9. Manner of Disqualification -
When a designated employee determines that he oic
she should not make a governmental decision because he or
she has a financial interest in it, the determination not to
act must be accompanied by disclosure of the financial interest_
in the case of a voting body, this determination and disclosure
shall be made part of the agency's official record; in the
case of a designated employee who is the head of an agency
. ..... .-..� .... v. �. _.J ..y VJv.�`.. ✓lab. .ti ✓ 1LG.t It C:L JL1L Yil .... 1. J -t L�
to his or her a,,,ainting authority; and �__ 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
ounsel_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 attorney for his or her agency,
provided ,that nothing in this section requires the. attorney
for the 'agency to issue any formal or informal opinion_
(11) Section 11. :Violations.
This Code has the force and effect of law- Designated
employees violating any provision of this Code z xe sul••ject..
to the administrative, criminal and civil sanctions provided
in the Political Reform Act, Government Code Sec:iUions 81060
91014. in addition, a decision'in relation. to which a viola.tic'3i
of the disqualification provisions of this Code or of Cow rrsraent_
Code Section 87.100 has occurred may be set zside as. void
pursuant to Government Code Section 91003-
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1003.
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