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HomeMy WebLinkAboutResolutions - No. 2017-56RESOLUTION NO. 2017-56 ARESoLUTIoNoFTHELoDICITYcoUNcILREPEALING RESoLUTloNNo.}S-2?INITSENTIRETYANDAPPRoVING POLICY AND GUIDELINES FOR WAIVING FINES ASSoCIATEDWITHFILINGSASREQUIREDBYTHEFAIR PoLlTlcALPRAcTlcEScoMMlSSloN_STATEMENTSoF ECONOMIC INTERESTS (FORM 700) ======================================================================== WHEREAS, in 1gBB, the City Council adopted Resolution No. 98-22 approving the policy and Guideiines for lmposing and Waiving Fines for the Fair Political Practices Commission (FPPC) Filings; and WHEREAS, the FppC has since updated its policy and guidelines, making the 1998 policy outdated; and WHEREAS, staff requests that the City Council approve the revised, updated policy on waiving fines associated with statements of Economic lnterests (Form 700). NOW, THEREFORE, BE lT RESOLVED that the Lodi city council. does hereby repeal Resolution No. gg-22 in its entirety, and approves the attached policy and guidelines, marked Exhibit A, for wa¡v¡ng fines assïciated 'with the Fair Political Practices Commission for Statements of Economic lnterests (Form 700). Date: April 5, 2017 ======================================================================== I hereby certify that Resolution No. 2017-56 was passed and adopted by the Lodi City council in a regular meeting held April 5,2017, by the following vote: AyES: couNclL MEMBERS - Chandler, Johnson, Mounce, and Mayor Kuehne NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Nakanishi ABSTAIN: COUNCIL MEMBERS - None Tn, f-P**^R" NNI FERRAIOLO City Clerk 2017-56 EXþ{ IffiIT A POLICY AND GUIDELINES Waiving Fines Associated with Filings Required Uy tlre fä¡r Pol¡tical Practices Gommission (FPPG) Statements of Economic lnterests (Form 700) Employees and officeholders at local government agencies, as well as candidates for public office, are required to fire statementı of Economió rnterests (Form 700) to disclose their personal financial intérests. Once titeã, ìfre form ìs a. public document and must be made available to the public on request (cc såciion 81008). The forms alert public officials about their own economic interests and potentiar-areas of coníict in relation to their duties, and provide information to memnãrs of the pubric who may monitor officiar actions for any conflicts. Any person who files a statement of Economic Interests (Form 700) after the deadline imposed by the political Refoim Act is liable for a late fine pursuant to Government code section 91013' Fines issued purrránt to this section shall not excbed $10 per day to a maximum of $100' The city of Lodi wiil consider a request to waive the fuil or partiar payment of a rate fine if the request is based on "good cause." Waiver Request A written request for waiver of a rate fine must be submitted to the city clerk. The waiver request must be signed by the p"r.oÀ réquired to file the particular statement upon which the late filing fine was assessed. Good Gause 5. Other Good Gause as Shown The City Clerk may waive any late fine for other g lncapacitation for Medical Reasons Adequate documentation consists of a doctor's, psychologist's' therapist's' chiropractor's, or other medical provider's statement giving the nature of the incapacitation, the date(s) therefore, and the individual's name. This information may also'oe provided for an immediate family member's illness. Hospitalization Adequate documentation consists of a copy of the h.os.pital bill or doctor's statement rt.'oting the patient's name and the date(s) of the hospitalization' Accident lnvolvement lf medical attention is provided and results in the late filing, a copy of the hospital bill, emergency room serviò", o, doctor's statement, showing the patient's name and date(s) ãnJti.nqdl of medical atiention, is adequate documentation. lf the accident involvement results in delay or vehicle disablement which causes the late filing, adequate documentation consists of a police report showing the individual's name, the date and time of the accident, and, if applicable, whether or not the vehicle was disabled' Loss or UnavailabilitY of Records The loss or unavailaoiitv of records due to a fire, flood, theft, or similar reason' Adequate documentation shall consist of a police, fire, or insurance report, containing the date of the occurrence and the extent of the loss or damage' I 2 3 4 N :\Adm¡n¡stration\CLERK\ConflictVEMPLATES\FinePolicy'docx ood cause as shown. Late fines will NOT be waived for reasons such as: o Vacationo Filer's busY season o spouse/assistant failed to file the form on behalf of the filer . Filer needed additional time to gather information in order to file o Filer is waiting for professionai assistance from financial advisor/cPA/FPPc before filingo Filer asserts that he or she has not been late before, but promises to file on time in the futureo Form was accidentally misplaced on desk, home, or in vehicle o Filer did not receive a reminder to file his or her statement Fine Guidelines ln cases in which individuals filed within five days of the due date, the following guidelines will apply: o Those who filed within five days of the filing deadline with no prior history of late filing will be granted automatic waivers' ¡ Those who filed within five days of the filing deadline, but who have a history of filing late the pr¡oi i*o years, will bä subject to guidelines 1 through 5 under Good Cause on waiving or imPosing fines' ln cases in which individuals do not have sufficient reason to justify the late.filing, the following fuùàrin"* will apply. Ány reouced or partial fee waiver will be assessed at the low-end amount of the range. o Those who received adequate notice of the filing requirement prior to the filing deadline and nevertheless filed late, but did so prior to receiving a p9:l-deadline reminder irom tne City Clerk shall be assessed fines of between $10 and $50. r Those who received adequate notice of their filing requirement prior to the.filing deadline and nevertheless filed late, but who filed within 30 days after receiving a post-filing dáadline notification by the City Clerk shall be assessed fines of between $50 and $100. N :\Administration\CLERK\Conf lictvEMP LATES\FinePolicy'docx