HomeMy WebLinkAboutResolutions - No. 4354Rk...,SOLUTION NO. 4354
CONFLICT OF INTEREST CODE
PLANNING COMMISSION
AND
VARIOUS DEPARTMENTS OF THE
CITY OF LODI
Jerry L. Glenn, Assistant City Manager of the City of Lodi hereby
submits the attached Conflict of Interest Code to the City Council
of the City of Lodi.
That there is attached hereto a copy of the Public Hearing
Proceedings dated April 7, 1977.
(Signature)
Assistant City Manager
(Official Capacity)
Received on behalf of the code reviewing body of the jurisdiction
designated above:
Date: May 18, 1977
ouitt,
(Signature)
City Clerk
(Official Capacity)
The attached Conflict of Interest Code having been submitted by the
Lodi Planning Commission and the various City Departments herein
designated was approved by order of the City Council of the City of
Lodi on May 18, 1977 following a Public Hearing on
the matter, notice of which was duly published and posted.
By action of the City Council of the City of Lodi on May 18, 1977
/i1.
Alice M, Rei
City Clerk
Y.,Y. V/
c he
CONFLICT OF INTEREST CODE
OF THE CITY OF LODI
FOR THE LODI PLANNING COMMISSION
AND THE FOLLOWING DEPARTMENTS:
City Manager, Public Works, City Attorney, City Clerk, Finance,
Police, Fire, Community Development, Utilities, and Parks and
Recreation.
SECTION 100. Purpose. Pursuant to the provisions of
Go-vernment Code Sections 87300, et seq., the City Manager of the
City of Lodi hereby adopts the following Conflict of Interest Code.
Nothing contained herein is intended to modify or abridge the pro-
visions of the Political Reform Act of 1974 (Government Code
Section 81000). The provisions of this Code are additional to
Government Code Section 87 100 and other laws pertaining to con-
flicts of interest. 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
the re with..
SECTION 200, Designated Positions. Government Code
Section 87302(a) requires that persons, including members of
Commissions, who are involved in the making or participate in the
making of decisions which may foreseeably have a material effect on
financial interests shall be designated employees or shall be deemed
to hold a designated position. All persons who hold the positions listed
on Exhibit "A" are designated employees or shall be deemed to hold a
rii.qicrnAted notion -1-
SECTION 300 Disclosure* at, ternent:s. Designated
positions shall be assigned to one or more of the disclosure
categories set forth on Exhibit hibit "B." Each designated employee
shall file an annual statement disclosing that employee's interest
in investments, real property, and income, designated as report-
able under the category- to which th=. employee's position i
?F5.7 `r
assigned onI!:_�hil>it
SECTION 40O. Ptace and Time of
(a) .All designated employees required to submit a
statement of financial interests shall file the original with the
City Cleric of the City of Lodi,
(b) A designated employee required to submit a state-
ment of financial interest shalt submit an initial statement within
30 days after the effective. date of this Code,
(c) Employees appointed, promoted or transferred to
designated positions shall file initial staternezhts vithin 30 days
after date of employment in the position.
(cl) Annual statements shalt be filed during the month
of February by all designated employees. Such statements shall
cover the period of the preceding calendar year.
(e) Any person whose ern ploycnent in. a designated position
is te;rrninated Shall, within 30 days after termination, file a leaving
office statement covering the period between the closing date of the
last prior statement and the data of termination.
(f) A designated employee required to file a stateinent
of financial interest with any other agency, which is within the
same territorial jurisdiction, may carll?iy with the provisions of
this Code by filing a duplicate copy of the staterncxnt filed with the
other agency, in lieu of an entirely separate document.
SECTION 500. Contents of Disclosure StaLte-rnents.
1,
Disclosure statements shall b.-: made on forms sl.:pp!':'.-:
by the City Clerk of the City of Lodi a Ir ;1 -ail contain the following
infor nation: .
(a) Contents o., Investment and R,a1 Property Reports:
---
When an investment, or an interest in real property
is required to be reported, the statenie.nt shall contain:
A sl.a.te f.rieixt of the nat.u.i_e of the investment or
interest;
(w) 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
prope rty;
(4) A statement whether the fair market value of the
investment, or interest in real property, exceeds ten thousand
dollars ($10„ 000), and whether it exceeds one hundred thousand
dollars ($100, 000). This information need not be provided with
respect to an interest in real property which is used principally as
the residence of the filer.
-- 3 -
(b) Contents of Personal Income Reports:
When pe:•sona1. income is required to be reported, the
statement shall contain.
(1) The name and address of each source of
incoT:ne aggregating two hundred and fifty dollars (.5,;2.50) or more in
value, or twenty-five dollars (.25) or more in value if the income,
was a gift, and a general des,: is ;- z. - .. ;lis `i"'i w`j , ; 3:
of each source;
(1 ) A statement whether the aggregate value of
income from each sPurce '-ca--5 greater than one thousand dollars
($ I, 000), and whether it was greater than ton thousand dollars ($10,000);
(3) A description of the consideration, if any, for u-'hich
the income w.'as received;
(4) In case of a gift, the amount and the date on which
the gift \WIS received.
(0) Contents cif Business Entity Income Reports:
When income of a business entity, including income of a
sole proprietorship, is required to ba rep_)i-ted, the statement shall
contain;
;
(1) The name, address, and a general description of
the business activity of the business entity;
(L) In the case of a business entity which provides
legal or brokerage services, the name of every person who paid fees
4-
to the busine entity if the filer's pro rata . re of fees fro.rn such
person was equal. to or greater than one thousand cdbllars($I, 000);
(3) In the case of a business entity not covered
by paragraph (2), the name of every person from .vhorn the busi-
ness entity received payments if the filer's pro rata share of gross
receipts from such person \Vas equal to or greater than ten
thousand dol.lars(.$10, 000) during a calendar year.
(d) Contents of Management Positions t :aorts
I. When management positions are required to be
reported, designated employees shall List the name of each business
entity not specified above in which they are a director, officer, sole
owner, partner, trustee, employee, or in which they hold any
Rasition of management.
Contents of Initial Statement:
The initial statement filed by an employee
appointed to a designated position shall disclose any reportable in-
vestments
n-vestments and interests in real property.
3. Contents of Annual Statements:
Th,?:. annual statement filed by a designated em-
ployee shall disclose any reportable investments, interests in real
proEorty, and income. during the period since the. previous statement
was filed,
4. -Content., of Lea.vinOffice Statements:
The leaving office statement filed by designated
employees shall disclose reportable investments, interests in real
property,
income during the period sin: he closing date of
the previous statement filed pursuant to this Code. The state -
inert shall include any investments in business entities, interests
in real property, and income. held or received at any time during
the period covered by the statement, whether or not they are still
held at the time of filing.
5. Ace risition or Disposal l wring Reporting
'e r io d •
In th.e case of a s`a.-__:t':it r" - d I,ndc t Sirs 501Y,
if the investment, or interest in real property, was partially or wholly
acquired or disposed of during tha period covered by the statement,
the elate of acquisition or disposal.
SECTION 600. Disqualification. Designated employees must
disqualify themselves from making or participating in the making of
any decisions which tivill foreseeably have a material financial effect,
distinguishable from its effect on the public generally, on any report-
able interest of that employee (except sources of gifts less than
$25.00), or any other financial interest as d,', -.fined in Government Code
Section 87103. No designated employee shall he 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 he made.
SECTION 700. Manner of Disqualification. A designated
employee required to disqualify himself or herself shall notify the
City Manager in writing, who shall record the employee's disquali-
fication. Upon receipt of such statement, the City Manager shall
immediately reassign the matter to another employee.
SECTION 800. Definition of Te rrn s . Except as otherwise
provided, the definitions contained in the Political Reform Act of
1974 (Governmont Cdc 3 0 0 et sec!, ) , the Regulations of the Fair
Political Practices Commission, and any amendments to the .Act or
Regulatif.3ns, shall be incorporated into this Conflict of Interest Code.
SECTION 900. Effective Date of Code. This Conflict. of
Interest Code shall become effective 30 days after approval by the
City Council of the City of Lodi.
C.: 0 7 I., 0 D
By
C MANAGER
APPROVED AFTER HOLDING OF PUBLIC HEARING
ON
CITY OF LODI
ATTEST:
71/X.C___hL
CITY
By
EXHIBIT "A"
DESIGNATED POSITIONS
OR
DESIGNATED EMPLOYEES
Designated Positions or Designated Employees
Disclosure Category
Director of Public Works 1, 2, & 3
Assistant City Engineer 1, 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
Police Chief 2
Fire Chief 2
Assistant City Manager 1, 2, & 3
Community Development Director 1, 2, & 3
Assistant Planner 1, 2, & 3
Building Inspector 1, 2, & 3
Assistant Building Inspector .1, 2, & 3
:Utility Diredto:7r. 1, 2, & 3
Assistant Utility Director 1, 2, & 3
Director of Parks and Recreation 1, 2, & 3
Members of the Lodi. City Planning Commission . 1, 2, & 3
EXHIBIT r'Btt
DISCLOSURE CATEGORIES
An investment, interest in real property, or income is
1-ep:artahle if the business entity in which the investment is held,
the interest in real property, or the income or source of income
nay foreseeably lie aff> ctecl materially by any decision madc.:: oo:r
participated in by the designated employee by virtue of the em-
ployee's position.
Desl„ilzitecl e.iriplove_:s in Group ":"
(a) Interests in real property, other than your residence,
which is loca.tec1 in whole or in part either within the
boundaries of the City, or within two mi.le s of the, boundaries
of the City, including any l.era.seno?d, lineficial or ownership
int€nrest or option to acquire su_h interest in real property,
if the fair market Market value of the interest is greater than
$1., 000. 00. (Interests in real property of an individual in-
clude thesiare or interest in real property of a business
entity or trust in which the des gnatz d employee or his or
her spouse owns, directly, indirectly=, or beneficially, a ten
per cent interest or greater.)
(b) investments in or income frons persons or business enti-
ties engaged in the business of acquisition or disposal of real
property within the City.
De sial nal:eel erriplove
in Group "Zu niust report:
(a) Investments 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 provide services, supplies,
materials, machinery or equipment to the City of Lodi,
(h) Income from n any s ource v.•hich, 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.
I--
A...) uattutttecl
(c) His or her status as a director, officer, 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 pro\Tido services,
supplies, rn .terials, machinery or equipment to the City
of Lodi.
Investments and income otherwise reportable under
Paragraphs (a) and (b) of Category "2." above, shall not
by reported unless the total amount of all contract by
the business entity to provide services, supplies,
materials, rn:ichinery (or equiprnent to the City :e',Lodi
w s more than $ 1, 000. 0:; i i o
-unless the total r ni uLbl.t r.J E ac li i:rac,ts by
the business entity to provide services, supplies, naate.r-
ials, machinery or equipment to the City of Lodi will be
more than $1,000,00 in the next calendar year.
Desia?-hated er )plo-yees in Crou-L'3" inust report:
(a) Investments in any business entity which within the
last calendar year has been regulated by the City of Lodi
or foreseeably nia.y be regnlatecl by the City of Lodi in
the next calendar year.
(b) Each source of income, provided that the income was
furnished by or on behalf of any- business entity which
within the last caleuclar year has been regulated by- the
City of Lodi, or foreseeably may be regulated by the City
of Locli in the next calendar year.
(c) His or her status as a director, officer, sole owner,
partner, trustee, employee. or any position of management
in any busi.ncss entity which within the last calendar year
has been regulated by the City of Lodi, or foreseeably may
b regulated by the City of Lodi in the next calendar year.
1 hereby certify that Resolution No. 4354 was passed and
adopted by the City Council of the City of Lodi in a regular
meeting held May 18, 1977 by the following vote:
Ayes: Councilmen - Ehrhardt, Hughes, K.atzakian, and
Katnich
Noes: Councilmen -- Pinkerton
Absent: Councilmen - None
ALICE M. REIMCHE
City Clerk
4354