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HomeMy WebLinkAbout80-54RESOLUTION NO. 80-54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO DESIGNATED EMPLOYEES PURSUANT TO THE POLITICAL REFORM ACT OF 1974 The City Council of the City of Ukiah hereby RESOLVES as · follows: ~Section 1. Introduction. I, 9 liti In compliance with the Political Reform Act of 1974, 10 '!California Government Code Section 81000 et seq., and specifically 11 with Section 87300 et seq., the City Council of the City of Ukiah 12 ! (hereinafter "City") hereby adopts this conflict of Interest Code 13 which shall be applicable to all designated employees of the City. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The requirements of this Code are in addition to other require- ments of the Act such as the general prohibition against conflicts of interest contained in Government Code Section 87100, and to any other state or local laws pertaining to conflicts of interest. Section 2. Definition of Terms. The definitions contained in the Political Reform Act of 1974 the regulations of the Fair Political Practices Commission (2 Cal. Adm. Code Sections 18100 et seq.), and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. Section 3. Designated Employees. The persons holding positions listed in Appendix A are desig- nated employees. It has been determined that these officers and employees make or participate in the making of decision which may foreseeably have a material effect on financial interest. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 4. Disclosure Statements. A designated employee shall be assigned one or more of the disclosure categories set forth in Appendix B. It has been de- termined that the financial interests set forth in a designated employee's disclosure category are the types of financial inter- ests which he or she foreseeably can affect materially through the conduct of his or her office. Each designated employee shall file statements of economic interests disclosing his or her financial interests as required by the applicable disclosure category. Section 5. Place of Filing. All designated employees required to submit a statement of economic interests shall file the original with the City Manager who shall be the filing officer for all designated employees. Section 6. Time of Filing. (a) Initial Statements. All designated empleyees employed by City on the effective date of this Code shall file statements within thirty days after the effective date of this Code. (b) Assuming Office Statements. All persons appointed, promoted or transferred to designated position after the effective date of the Code, shall file statements within ten days after assuming office, or if subject to confirmation, ten days after being nominated or appointed. (c) Annual Statements. All designated employees shall file statements no later than April 1. (d) Leavi.ng Office Statements. All persons who leave desig- nated positions shall file statements within thirty days after leaving office. Section 7. Contents of Statements. -2- 5 6 7 8 9 10 15 !diSclose any reportable investments and interests in real property held on the effective date of the Code. (a) Contents of Initial Statements. Initial statements shal~i 26 27 28 Disclosure statements shall be made on Form 730 as developed from time to time by the Fair Political Practices Commission and supplied by City and shall contain the following information: (a) Contents of Investment and Real proPerty Reports. When an investment or interest in real property1 is required to i be reported,2 the statement shall contain the following: 1For the purpose of disclosure only (not disqualification), an' interest in real property does not include the principal residence of the filer. 2 Investments and interests in real property which have a fair market value of less than $1,000.00 are not investments and inter- 20 21 22 23 24 25 18 il leaving office. i. 19 ~, Section 8. Manner of Reporting. real property and income held or received during the period be- tween the closing date of the last statement filed and the date of 11 i!vided,~ however, that the period covered by an employee's first 12 i annual statement shall begin on the effective date of the Code or 13 !i the date of assuming office whichever is later. 14 i (d) Contents of Leaving Office Statements Leaving office statements shall disclose reportable investments, intersts in shall disclose any reportable investments and interests in real property held on the date of assuming office or on the date of nomination, whichever is earlier. (c) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property and income ~held or received during the previous calendar year pro- 16 17 (b) Assuming Office Statements. Assuming Office statements · 3 4 5 6 7: 8~ I0 i: 11 12 it (1) A statement of the nature of the investment or interest; (2) 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 property; (4) A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1,000.00), exceeds Ten Thousand Dollars ($10,000.00), or exceeds One Hundred Thousand Dollars ($100,000.00). (b) Contents of Personal Income Reports. When personal in- I 3 the statement shall contain: 14 come is required to be reported, 15 16 17 ~ 181 19 ~ 20 f 22 23 24 (1) the name and address of each source of income aggregating Two Hundred Fifty Dollars ($250.00) or more in value, or Twenty-five Dollars ($25.00) or more in value if the income was a gift, and a general description of the business activitiy, if any, of each source. (2) A statement whether the aggregate value of income from each source was One Thousand Dollars ($1,000.00) est's in real property within the meaning of the Political Reform iAct. However, investments or interests in real property of an ~individual include those held by the individual's spouse and de- I pendent children as well as a pro rata share of investments 25 'interest in real property of any business entity any or trust in or ~ which the individual,.spouse and dependent children own, in the 26" ~ aggregate, a direct, indirect or beneficial interest of 10% or ~ greater. I~ 3 A designated employee's income includes his or her community property interest in the income of his or her spouse. -4- 2'7 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 or less, greater than One Thousand Dollars ($1,000.00) or greater than Ten Thousand Dollars ($10,000.00); (3) A description of the consideration, if any, for which the income was received; (4) In case of a gift, the name and address of the doner, a description of the gift, the amount or value of the gift, and the date on which the gift was received. (c) Contents 'of Business E~tity. Income RepOrts. when in- come of a business entity, including income of a sole proprietor- ship, is required to be reported,4 the statement shall contain: (1) The name, address, and a general description of the business activity of the business entity; (2) In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity if the filer's pro-rata share of fees from such person was equal to or greater than Ten Thousand Dollars ($10,000.00); (3) In the case of a business entity not covered by paragraphs (2), the name of every person from which the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than Ten Thousand Dollars ($10,000.00). (d) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if any in- 4Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer, spouse and depend- ent children in the business entity aggregates a 10% or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the source is within one of the disclosure categories of the filer. -5- 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vestment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. Section 9. 9.~squalification. Designated employees must disqualify themselves from making, participating in the making or using their official positions to influence the making of any governmental decision which will fore- "seeably have a material financial effect, distinguishable from its effect on the public generally, on: (a) Any business entity in which the designated employee has a direct or indirect investment worth more than One Thousand Dollars ($1,000.00); (b) Any real property in which the designated em- ployee has a direct or indirect interest worth more than One Thousand Dollars ($1,000.00); (c) Any source of income, other than loans by a commercial lending institution in the regular course of business, aggregating Two Hundred Fifty Dollars ($250.00) or more in value received by or promised to the 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, employee, or holds any position of management. No designated employee shall be 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 be made. The fact that a designated employee's vote is needed to break a 6 I 2 3 4 5 6 7 8 9 !i tie does not make his or her participation legally required for purposes of this section. Section 10. Manner of Disqualification. A designated employee required to disqualify himself or herself shall notify his or her supervisor in writing. This notice shall be forwarded to the City Manager, who shall record the employee's disqualification. Upon receipt of such statement, the supervisor shall reassign the matter to another employee. PASSED AND ADOPTED this 20thday of February Simpson, Brannon, Snyder. lby the fol 10 lOwing roll call vote: IAYES:Counc 11 ilmembers Hickey, Myers, ,1980 12 13 14 15 16 17 18 19 20 21 22 23 24 NOES: None ABSENT: None ATTEST: /' '/"~ < '7" ~" CITY CLERK 25 i: 27 28 APPENDIX A DESIGNATED POSITIONS City Attorney Director of Finance Director of Public Works Assistant Director of Public Works Deputy Director of Public Works Electrical Distribution Engineer Planning Director Planning Assistant Police Chief Fire Chief Fire Marshal Parks and Recreation Director Assistant Purchasing Agent City Treasurer Building Official Consultants* DISCLOSURE CATEGORY A thru E A thru E A thru E A thru E A thru E A thru E A thru E A thru E A thru E A thru E A thru E A thru E A thru E A thru E A thru E *The City does not now have consultants as that term is defined in Section 18700 of the Commission's regulations. If such con- sultant's are retained in the future, the City Manager shall describe in writing the consultant's duties and, based upon that description, shall determine the scope of his reporting duties. The City Manager shall forward a copy of this determination to the Fair Political Practices Commission. APPENDIX B A. Interests in real property1 which is located either in whole or in part either (1) within the boundaries of City, or (2) within the General Plan Area of 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. B. Investments2 or in income3 from business entities of the type whiCh are or have been within the previous two- year period engaged in the performance of contracts for City. lInterests in real property of an individual include a business entity's share of interest in real property of any business entity or trust in which the designated employee or his or her spouSe owns, directly, indirectly or beneficially, a ten percent or greater. 2 (A) Investments include: (1) Any financial interest in or security issued by a business entity, including but not limited to common stock, preferred stock, rights, warrants, options, debt instruments, and any partnership interest or other ownership interest; (2) A pro rata share of investments of any business entity or trust in which the designated employee or his or her spouse owns, directly, indirectly, or beneficially, a ten percent or greater. (B) Investment does not include: (1) A time or demand deposit in a financial institu- tion, shares in a credit union, any insurance policy, or any bond or other debt instrument issued by any government or government agency; (2) Assets whose fair market value is less than $1,000.00. 3No source of income is reportable unless the income re- ceived by or promised to the designated employee aggregates $250.00 in value during the preceding 12-month reporting period, or $25.00 in value if the income was a gift. (C) Investments in or income from persons or business entities of the type engaged in the acquisition or disposal of real property within the jurisdiction of City. (D) Investments in all income from business entities which manufacture or sell supplies, machinery or equipment of the type utilized by City. (E) Investments in or income from persons or business entities of the type engaged in consulting activities which relate to matters which are of municipal concern, such as, but not limited to;. traffic, finance, planning, engineering, sewage, electrical distribution and generation; computer technology and use, water acquisition and distribution; air- port use and development, and insurance.