1994-33 RESOLUTION NO. 94- 33
-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE REPEALING RESOLUTION NO. 91-04
AND ADOPTING THE STANDARD CONFLICT OF INTEREST
CODE
WHEREAS, Government Code Section 87300 requires every agency to adopt
and promulgate a conflict of interest code; and
WHEREAS, the Fair Political Practices Commission has adopted a Standard
Conflict of Interest Code pursuant to the provisions of Article 2 of Chapter 7 of the
Political Reform Act; and
WHEREAS, it is further necessary to adopt certain categories of designated
employees pursuant to said Standard Conflict of Interest Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
does hereby resolve, declare, determine, and order as follows:
SECTION 1 . The Political Reform Act, Government Code Section 81000, et
SeM., requires state and local government agencies to adopt and promulgate conflict
of interest codes. The Fair Political Practices Commission had adopted a regulation,
2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict
of interest code. It can be incorporated by reference and may be amended by the Fair
Political Practices Commission after public notice and hearings to conform to
amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs.
Section 18730 and any amendments to it duly adopted by the Fair Political Practices
Commission are hereby incorporated by reference and, along with the attached
Appendix in which members and employees are designated and disclosure categories
are set forth, constitute the conflict of interest code of the City of Grand Terrace.
SECTION 2. Designated employees shall file their statements with the City of
Grand Terrace which will make the statements available for public inspection and
reproduction. (Gov. Code Section 81008). Statements for all designated employees
will be retained by the City of Grand Terrace.
SECTION 3. The City's existing Conflict of Interest Code, Resolution No. 91-04,
is here by repealed in its entirety.
ADOPTED this 15th day of December, 1994.
RESOLUTION NO. 94- 33
Page 2
ATTEST:
City Cle'rk'of the City Ma r of the City of Grand
Grand Terrace and of the T ace and of the City
City Council thereof. Council thereof.
I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, hereby certify
that the foregoing Resolution was introduced and adopted at the special meeting of
the City Council of the City of Grand Terrace held on the 15th day of December, 1994
by the following vote:
AYES: Councilmembers Hilkey, Singley, and Buchanan; Mayor Pro Tem
Carlstrom; Mayor Matteson
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk of the City 6f
Grand Terrace
APPROVED AS TO FORM:
'--vk
City Attorney
APPENDIX "A" --
RESOLUTION NO. -94-33
The following is a listing of those persons who are required to submit Statements of
Economic Interests (Form 730 Filers) pursuant to the Political Reform Act of 1974,
as amended:
CITY MANAGER'S DEPARTMENT DISCLOSURE CATEGORIES
Assistant to the City Manager 4,11,12
Housing Rehabilitation Coordinator 3,4,6,7
CITY CLERKS DEPARTMENT
City Clerk 1
COMMUNITY SERVICES DEPARTMENT
Assistant City Manager 1
Director of Recreation Services 2,4
Director of Child Care Services 2,4
PUBLIC WORKS
- City Engineer 3,4,5,6,7,8
Building Inspector
9
3,4,5,6,_7
PLANNING DEPARTMENT
Community Development Director 1
Associate Planner 3,4,5,6,7,8
Planning Technician 3,4,5,617,8
FINANCE DEPARTMENT
Finance Director 1
Accounting Technician 3,4,5,9,10
Account Clerk 3,4,5,9,10
Consultants* 1
* The City Manager may determine in writing that a particular consultant, although
a "designated position," is hired to perform a range of duties that is limited in scope
and thus is not required to fully comply with the disclosure requirements described in
this section. Such written determination shall include a description of the consultant's
duties and, based upon that description, a statement of the extent of disclosure
�- requirements. The City Manager's determination is a public record and shall be
retained for public inspection in the same manner and location as this conflict of
interest code.
APPENDIX "B"
RESOLUTION NO. 94-33
APPENDIX OF DISCLOSURE CATEGORIES
CATEGORY
1 . All investments and business positions in business entities, sources of
income and interests in real property.
2. Investments and business positions in business entities, and all sources
of income.
3. Interests in real property located in the City, including property located
within a two mile radius of any property owned or used by the City.
4. Investments, business positions, and sources of income of the type
which provide services, supplies, materials, machinery or equipment of
the type utilized by the City.
5. Investments, business positions, and sources of income of the type
which are subject to the regulatory, permit or licensing authority of the
City.
6. Investments, business positions, and sources of income of the type
which engage in land development, construction or the acquisition or
sale of real property.
7. Investments, business positions, and sources of income from sources
engaged in construction, building, or material supply.
8. Investments, business positions, and sources of income from
construction firms involved in construction projects subject to
acceptance by the City Council.
9. Investments, business positions, and sources of income of the type
which the City is empowered to invest its funds.
10. Investments, business positions, and sources of income from financial
institutions including, but not limited to, banks, savings and loan
associations and credit unions.
11. Investments, business positions, and sources of income from
employment agencies or entities which provide employment or pre-
employment services. Services include, but are not limited to testing,
training, consulting, job classification studies and salary surveys.
12. Investments, business positions, and sources of income from business
entities which are of the type to provide any of the various types of
employee insurance coverage and/or actuarial services.
(Regulations of -the Fair Political Practices Commission, Title 2,
fr_ Division 6 of the California Code of Regulations)
18730 . Provisions of Conflict of Interest Codes
(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 promulgation of a conflict of
interest code within the meaning of Government Code Section 87300
or the amendment of a, conflict of interest code within the meaning
of Government Code Section 87306 if the terms of this regulation
are substituted for terms of a conflict of interest code already
in effect. A code so amended or adopted and promulgated requires
the reporting of reportable items in a manner substantially
equivalent to the requirements of Article 2 of Chapter 7 of the
Political Reform Act, Government Code Sections- 81000, et seg. The
requirements of a conflict of interest code are in addition to
other requirements of the Political Reform Act, such- as the
general prohibition against conflicts of interest contained in
Government Code Section 87100, 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 1. - Definitions. The definitions contained
in the Political Reform Act of 1974, regulations of the Fair
`Political Practices Commission (2 Cal. Code of Regs. Sections
18100, et se . ) , and any amendments to the Act or regulations, are
1
�'- incorporated by reference into this conflict of interest code.
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(2) Section 2 . Designated Employees. The 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 obligation for those designated
employees who are also specified -in Government Code Section 87200
if they are designated in this code in that same capacity or if
the geographical jurisdiction of this agency is the same as or is
wholly included.within the jurisdiction in which those persons
must report their financial interests pursuant to Article 2 -.of
Chapter 7 of the Political Reform Act, Government Code Sections
87200, et secr•
In addition, this code does not establish any disclosure
obligation for any designated employees who are designated in a
conflict- of interest code for another agency, if all of the .
following apply:
A) The geographical jurisdiction of this agency is the
same as or is wholly included within the jurisdiction of the other
agency;
B) The disclosure assigned in the code of the other
agency is the. same as that required under Article 2 of. Chapter 7
of the Political Reform Act, Government Code Section 87200; and
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C) The filing officer is the same for both agencies.l
Such persons are covered by this code for
disqualification purposes only. With respect to all other
designated employees, the disclosure categories set forth in the
Appendix- specify which. kinds of financial .interests are
reportable. Such .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 in 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 or she foreseeably can affect
materially:...through the. conduct. of his or her office.
..(4:)_.;:.Section- 4<. Statements of. Economic Interests :.
Place of-"Filing.. The code reviewing body shall instruct all -
designated=emgloyees. within its code to file statements of
economic interests with the: agency or with the code "reviewing
body, as- provided-.,by the. code reviewing body in. the. agency' s
conf list-: o£ interest code..2..
1 Designated employees who are required. to file 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 interests to cover reportable
interests- in both. j.urisdictions,.. and file copies of this expanded
-statement -with- both 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 original. See Government
Code Section 81004.
2 See. Government Code Section 81010 and 2 Cal. Code of Regs.
Section 18115 for the duties of filing officers- and persons in
agencies who make and retain copies of statements and forward the
originals to the filing officer.
3 18730
(5). Section 5 . Statements of Economic Interests: Time
of Filing.
(A) Initial Statements. All- designated- employees
employed by the agency on the effective date of. this code, as
originally adopted, promulgated and:.approved. by the .code reviewing
.body,.- shall file statements-within 3.0 days after .the .effective
date of this code. Thereafter, each person already-in a. position
when it is designated' by an amendment to this code shall file an
initial statement within 30 days after the effective -date of the
amendment.
(B) Assuming Office Statements. All persons assuming
designated positions after the effective date of this code- shall
file statements within 30. days after assuming the: designated.
positions, -or if subject to State -Senate confirmation, 30 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 30. days after
leaving office.
Section 5.5. . Statements . for Persons Who Resign
Prior. to Assuming- Offic.e.... Any. person. who `resigns within 12. months
of initial. appointment;: or `within- 30; days, of the. date;..of. notice
provided by' the-. filing 'officer: to; file .an, assuming;- office
4 18730
statement, is not deemed to have assumed office or left office,
provided he or she did not make or participate in the making of,
or use his or her position to influence any decision and did not
receive or become entitled to receive any form of payment as a
result of his or her appointment. Such persons shall not file
either an assuming or leaving .office statement. .
(A) Any person who resigns a position within 30 days of
. the date of a notice from the filing officer shall do both of the
following:
(1) File a written resignation .with the appointing
power; _and..
(2J:. File a written statement with the filing officer
declaring-...under •penalty of perjury that during the period between
appointment. and resignation he or -she did not make, participate in
the making,._or .use the---position to influence any decision of the
agency .or -receive, or become entitled to receive, any form of
payment by virtue .of being appointed to the position..
(6) . Section 6:. 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 and income received. during the 12 months prior to .the
effective date of the code.
5 18730
1
(B) Contents of Assuming Office Statements. 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, and income received during
the 12 months prior to the date of -assuming office or the date of
being appointed or nominated,. respectively.
(C) Contents of Annual Statements. Annual statements
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 shall begin on the.
effective date of the code or the date ofassuming 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 interests shall be made on forms prescribed by the Fair
Political Practices Commission and. supplied by. the. agency,. and
shall contain the following-information
6 18730
(A) Investments and Real Property Disclosure. When an
_ i investment or an interest in real property is required to be
reported,4 the statement shall contain the following:
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) , -exceeds ten thousand dollars (.$10, 000) , or
exceeds one hundred thousand dollars. ($100, 000) .
(B.). :PersonalIncome Disclosure. When personal" income
is required:to: be, reported, 5 the- statement shall contain::
3 For the purpose of disclosure only (not disqualification) , an
interest in real property does not- include the principal residence
of the filer.
4 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 meaning 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 children 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.
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 - 18730
1. The name and address of each source of income
aggregating two hundred fifty dollars ($250) or more in value or
fifty dollars ($5.0) or more in value if the income was a gift, and
a general description of the business activity, if any, of each
source;
2 . . A statement whether the 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, 00,0) , or. greater than ten
thousand dollars ($10, 000) ;
3 . A description of the consideration, if any, for
which the income was received;
4 .. In the case of a gift, the name, address and ' '-- - .
business activity of the donor-.'and- any- intermediary through. .which
the gift was made; a description of .the gift; the amount or value
of the gift;., and the date on which the gift was received;- ;.
5 . In the case of a loan, the annual interest rate and
the security,: if any, given for the loan.
(C) Business Entity Income Disclosure. When income of
a business entity, including income of a sole proprietorship, is
required to be reported, fi the statement shall contain:
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 3-0- 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- di'sclosure. categories of the
filer.
8 18730
1. The -name, address, and a general description of the
business activity of the business entity;
2 . The name of every person from whom 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) .
(D) Business Position Disclosure. ' When 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, partner, trustee, employee, or in
which he. or. she holds any position; of management, a description of
the business activity in which the business entity is engaged, and
the designated employee' 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 -br an 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-
(8) Section 8 : State Agency Prohibition .on Receipt of
Honoraria. No member of, a state board or commission, and no
designated employee of -a' state• agency, shall accept any honorarium
. from any source,: .if the member or employee would be required. to
report. the receipt of income or gifts from that source on his or
her statement of economic interests. This section shall not apply
- to any part-time member of the governing board of any public
institution of higher education, unless the member is also an
elected official.
9 18730
Subdivisions (b) , (c) , (d) , and (e) of Government Code
Section 89502 shall apply to the prohibitions in this section.
(8 .1) Section 8 .1 State Agency Prohibition on Receipt
of Gifts of $250 or More. No member of a state board or
commission, and no designated employee of- a state agency, shall
accept gifts with a total value of more than two hundred fifty
dollars ($250) in a calendar year from any single source, if the
member or employee would be required to report the receipt of
income or gifts from that source on his or. her statement of
economic interests. This section shall not apply to any part-
time member of the governing board of any public institution of
higher education, unless the member 'is also an elected official.
Subsections (b) , (c) , (d) , and (e) of Government Code
Section 89504- shall apply to the prohibitions in this section.
(9) -Section 9-.` ' Disqualification. No designated-
employee shall make, participate in making, or in any way attempt
to use his or her official position to influence the making of any
governmental decision which he or she knows or has- reason to know
will have a reasonably foreseeable material financial effect,
distinguishable from its effect on the public generally, on the
official or a member of his: or her immediate family or on:
(A): . Any business entity in which the designated
employee- has a direct or indirect --investment. worth one thousand
dollars- ($1, 000). or more; _
10 18730
(B) Any real property in which the designated employee
has a direct or indirect interest worth one thousand dollars
($1, 000) or more;
(C) Any source of income, other than gifts and 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 the
designated employee within 12 months prior to the time when the
decision is made;
(D) Any business entity in which the designated
employee. is- a. director,. officer, partner, trustee, employee, or
holds any position of- management; or.
(E), Any donor of.,. or. any intermediary or agent for a
donor of,.. -a gift or gifts aggregating $256 or more in. value
provided--to,;,:-.received. by, or promised to the designated employee
within 12 months prior to the time when the decision is made.
(9 A) Section 9 .3 . Legally Required Participation. 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 the vote of a designated employee who is on a voting
body .is needed to break a tie does not make his or her .
participation legally- required for purposes of this section.
11 18730
(9 .5) Section 9 .5 . Disqualification of State Officers
and. Employees. In addition to the general disqualification
provisions of Section 9, no state administrative official shall
make, participate in making, or use his or her official position
to influence any governmental decision directly relating to any
contract where the state administrative official knows or has
reason to know. that any party to the contract is a person with
whom the state administrative official, or any member of his or
her immediate family has, within 12 months prior to the time when
the official action is to be taken:
(A) Engaged in a business transaction or* transactions
on terms not available.-to members of the public, regarding any.
investment or interest in real property;: or
(B)_. -Engaged in a business transaction or transactions
on terms not available -to members� of the- public regarding the -
- rendering of goods or services- totaling in .value one thousand -
dollars ($1,.000). or more
(10.) Section -10 . Manner of Disqualification. When a
designated employee determines- that he or.. she should not make a
governmental decision because he or- she has. a disqualifying _.
interest in it,. the determination not to act must be accompanied
by disclosure of the disqualifying inter-est.. 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 .
12 18730
employee who is the head of an agency, this determination and
disclosure shall be made in writing to his or her appointing
authority; and in the case of other designated employees, this
determination and disclosure shall be made in writing to the
designated employee' s supervisor.
(11) Section .11. Assistance of the Commission and
Counsel. 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.
(12) Section 12 . Violations. This code has the force
and effectof law. Designated employees violating any provision
of-this code are subject to the administrative, criminal and civil
sanctions provided in the Political Reform Act, Government Code
Sections 81000 - 91014 . In addition, a decision in relation to
which a violation of the disqualification- provisions of this code
or of Government Code Section 87100 or 87450 has occurred may be
set aside as void pursuant to Government Code Section 91003 .
Note : Authority: Section 83112, Gov. Code.
Reference: Sections 87300-87302, 89503, and 89504, Gov. Code
13 18730
History
(1) New section filed 4-2-80 as an emergency; effective upon ,
filing. Certificate of Compliance included.
(2) , Editorial correction.
(3) Amendment of subsection (b) filed 1-,9-81; effective thirtieth
day thereafter.
(4) Amendment of subsection (b) (7) (B) 1. filed 1-26-83; effective
thirtieth day thereafter.
(5) Amendment of subsection (bH7) (A) filed 11-10-83 ; effective
thirtieth day thereafter.
(6) Amendment filed 4-13-87; effective thirtieth day thereafter.
(7) Amendment of subsection (b) filed 10-21.-88; effective
thirtieth day thereafter.
(8) Amendment filed 8-28-90; effective thirtieth day thereafter.
(9) Amendment filed 8-7-92; effective thirtieth day thereafter.
(10) Amendment filed 2-5-93; effective upon filing.
14 18730