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HomeMy WebLinkAbout133-98RESOLUTION NO. 133-98 AMENDING THE TOWN OF DANVILLE'S CONFLICT OF INTEREST CODE WHEREAS, the Town of Danville has adopted a local Conflict of Interest Code pursuant to the provisions of the Political Reform Act of 1972; and WHEREAS, the Act requires a biennial review and update of local Conflict of Interest Codes; and WHEREAS, Exhibit 1 of the Town' s Conflict of Interest Code consists of California Administrative Code, Title 2, Section 18730, including any and all changes to that section adopted by the Fair Political Practices Commission; and WHEREAS, Exhibit 2 of the Town's Conflict of Interest Code consists of the list of designated positions and disclosure categories and must be amended to accurately reflect the job titles and duties of those officials and employees subject to the provisions of the Code; now, therefore, be it RESOLVED, by the Danville Town Council that the Town of Danville's Conflict of Interest Code, consisting of the attached Exhibits 1 and 2, is hereby amended as shown, copies of which are attached hereto and incorporated herein. APPROVED by the Danville Town Council at a regular meeting on September 1, 1998, by the following vote: AYES: Waldo, NOES: None ABSTAINED: None ABSENT: None Arnerich, Doyle, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY 2 CA ADC s 18730 2 CCR s 18730 Cal. Admin. Code tit. 2, s 18730 Page 1 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Title 2. Administration Division 6. Fair Political Practices Commission Chapter 7o Conflicts of Interest Article 2o Disclosure s 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 87307 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 seq. 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 Cat. Code of Regs. sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (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 seq. 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 Copr. © West 1998 No Claim to Orig. U.S. Govt. Works EXHIBIT 1 TO RESOLUTION NO. 133-98 2 CA ADC s 18730 Page 2 (C) The filing officer is the same for both agencies. [FN1] Such persons are covered by this code for disqualification purposes only. With respect -.o all other designated employees, the disclosure categories set forth in the Appendix specify which kin& of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he orshe 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 f'mancial interests set forth in a designated employee's disclosure categories are the kin& of financial interests which he or she foreseeably can affect materia'ly through the conduct of his or her office. (4) Secti0n'4. Statementsl of Economic Interests: Place of Filing. The code reviewing=body shall instruct all !designated employees within its cede to file s~tements:of economic interests with:the agency or with the code reviewing body, as provided by the code reviewir g body in the ageney's conflict'Of interest cede. [FN2] (5) Section 5. :Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effectiv~ date of:this cede, as originally adopted, promulgated and approved by the cede reviewing body, shall file statements :within 30days after the effective date of this cede. 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:cede shall file statements within 30 days after assuming the designated positions, or if s~:bject to State Senate confmnation, 30 days after being nominated or appointed. (C) Annual Statements. All designated-employees shall file statements no later than April _. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the ,date of notice provided by the fding officer to f~e an assuming office 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) Anyperson who resigns a position-within' 30 days of the date of a notice from the filing officer shall rioboth of the following: (I) File a written resignation with the appointing power; and (2) File a written statement. with the' filing;~ officer declaring under penalty of perjury that during the~:pefied between appointment and resignation he or she did not make, participate in the making, or use the position to infiuenceI any decision ofthe agency or~-reCeiVe, or becOine entitled~ to receive, any form~of payment by virme of being appointed to the position. (6) Section 6. 'Contents of and Period Covered by Statements~ of EconomicI Interests. (A) Contents of Initial Statements. Copr2~© West 1998 No Claim to Ofig. U.S. Govt. Works 2 CA ADC s 18730 Page 3 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. (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 confn'mation 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 statemere shall begin on the effective date of the code or the date 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 interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property [FN3] is required to be reported, [FN4] 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) Personal Income Disclosure. When personal income is required to be reported, [FNS] the statement shall contain: 1. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or fifty dollars ($50) 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 mount 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); 3. A description of the consideration, if any, for which the income was received; Copr. © West 1998 No Claim to Orig. U.S. Govt. Works 2 C,~ ADC s 18730 Page 4 4. In the case of a,l gift~ the name, address 'andsbusiness activity of the ~donor and any intermediary_ through which the gift w~ 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! Emity Income Disclosure.-~Whcn income of a business entity, inclu&'ng .income~of a.-:sole.- proprietorship, is required to be reported, [FN6] the statement shall contain: 1. The name, address, and a general description of the business activity of the business en-ity; 2: The :name ::of every person from lwhom the business entity received ,payments if the fJer'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, officers: parmer~.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 Iposition 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 was partially or wholly acquired or disposec of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8): Section 8: Prohibition on Receipt of Honoraria; (A) No member of a state board or commi.~sion, and no designated employee of a sta-~ or local government agency, shall accept any honorarium from any source, if the mcmberor .employee would be: re .qUir:'ed 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 pan4ime member of the governing -board of any public institution of highc7 education, unless ,the member is also an elected official. Subdivisions (a), Co), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. -This:section shall not limit or prohibit payments, advances, or reimbursements. for travel and related ,lodging and subsistence authorized by Government Code Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $290. (A) No member., of ,a state board or commission, andno designated employee d a sta:e,0r :local-go~emmem agency~ .shall'!accept :gifts with a Wtal value of more than $290 ina calendar year from any singlc Fsourcc, i-f the member or employee would be required to report the receipt of income or gifts from that source on his or her statement ofeconomic interests. This section: shall:not apply; mr;any pan-time member .of the governing ,board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e) , (f), and !(g) of Governmere Code Section 89503: shall ~apply to. the prohibitions: in this section. (9) Section 9. Disqualification. N0i.designatcd employee shall:make, participate in making~ or in any way attempt to use, his or-her official position :to infiucnccTthe making of any governmental :,decision which,.hc or shc;kno~/s or l:as rcason 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: CopL© West !.998 No Claim to;Orig. U.S. Govt. Works 2 CA ADC s 18730 Page 5 (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (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 term available to the public without regard to official shams, 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, parmer, 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 $290 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) 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. (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 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, 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 Copr. © West 1998 No Claim to Orig. U.S. Govt. Works 2 CAADC s 18730 Page 6 opinion. ' .... - (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this 'code 'are sul~ject to the admini.~trative, criminal and civil sanctions provided in the Political Reform Act, Government Cede sections 81~91015~' !In addition, a"decision in ! rel-ation~ tO ~which a Vi01ati(in~ ofthe disqUalffication~proviSions., of tlxis!Cod~ br "Of. Government'COde section' 87100'~0r 87~$50 has fled maybe set aside a~ void pursuant to Go~,emm~t C~ S~tion'9 1003. - Note: Authority cited: Section 83112, Government Cede, Reference: Sections 87300-87302, 89501, 89502, 8950~and"!89504, Government'Code. FN1 Designated employees who are required to file statements of economic interests under any other agency!s conflict of interest Code, or ~t: arfii~le ' 2: for '~ it different jurisdiction, may ~xpand!' their.' Statement of econothic interests- to cover reportable' interesis:!in bothj~iictii>ns~and file copies of thi~'~Xpanded. statement'--'with-both~ entitie~;in lieuof- 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. FN2 See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and perSoi~s':inagencies WhO make and retain: copies of statements:and forward the originals m the filing officer. FN3'F0r:.the;purpose 0fdisclosure only (not' disqualificatien), an! interest..in real property does not include tbe p~inCi.Pal residence of the flier. FN4 Investments and interests in real property which ;havc a:-;fait: market value of less than $1,000 are not invesunents and.interests in real property within the meaning of the Pnlitical Reform Act. However, investments or interests in real prOperty i'of an indiVi~dua!. ~lude those :held ~b3~ the! indi~i~i~sPo.~Use and. de!~.ndent .children as we!! as a P~:9~ rata .share ofany:inyestment or interest in-rea!. property/o~:any b~sS emity or trust in which. the iixliv~d.Ual;SpoUSe and ~de~ndent children Own, in=the aggregate,. ~ .dir~t, indi~ect.0~ be~ci~ interest of 10 percent Or gfeat~ri FN, A designated '~mPi~yee,', income ~mclodes' hiS: or i~er communiiy property. interest in: 'the ~'~f':~s;= o~ 'h~r spouse but does not include salary or reimbursement fa~ e~penses raiVed frOWn a stat~ agency. : FN6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the' ftle~:~ahd!~i~r~ spOuse in the business entity aggregateS_a 10 percent or greater interest. In addition, the disclosure of persons who are ~iients' 0r=j cnstomers of a' business ~nti~' i~r&iuired 0ffiy if~e ~iie~t~' :or cuStbmers= are within one o~!' ~e~ idiS~lbs~e categories of the ~er. . . History 1. NeW '==~on ~ed 4-2L80 as' an emergency; effective upon ~ing (RegiSter 80~ No. 1'4)'~ .Certi~cate~'bf ComplianCe ~luded.' 2. Editorial 'c0ffe~tion (RegiSter 80'~ N~ '29). ' ':~- -, ,.; . -=, - 3. Ameiidm~nt=of subsection Co): ffied:l-981; ~ffective:~i~thday thereafter(RegiSter 81, 1~o~ 4. Amendment of subsection Co)(7)(B)1. fried 1-26-83; ~ecti~e ~th dny.' tiier~after (Register~83,iNo. 5, Amendment 0fsub~tion Co)(7)(A)~ed li-i0-83; eff~tiV~'tiiiniCth day tiiereafter (Register 83, N0;46): - 6;- Amend~'ent~C~d 4~i3:'87'; opei~tive ~5'13-87 (Re~iSter 87, No:' 16).' Copr,'©'~st 1998 No Claim t0Orig. ULs. GovL works 2 CA ADC s 18730 Page 7 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections Co)(8)(A) and Co)(8)(B) and numerous editorial changes fried 8-28-90; operative 9-27-90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumberhag of followhag subsections and amendment of Note ~ed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections CD)(5.5)(A)-(A)(2) fried 24-93; operative 24-93 (Register 93, No. 6). 11. Change without regulatory effect adopthag Conflict of Interest Code for California Mental Health Planning Council fried 11-22-93 pursuant to ti~e 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 fLIed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection Co)(8), designation of subsection Co)(8)(A), new subsection (b)(8)(B), and amendment of subsections Co)(8.1)-Co)(8.1)(B), (b)(9)(E) and Note fried 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repeater of subsection (b)(8.1)(B), and amendment of subsection (b)(12) fried 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) fried 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). < < (Division Originally Printed 1-11-75) > > 2 CA ADC s 18730 END OF DOCUMENT Copr. © West 1998 No Claim to Orig. U.S. Govt. Works TOWN OF DANVILLE CONFLICT OF INTEREST CODE All persons serving in the following positions are designated employees as defined in Appendix 1, Section 2 of the Town of Danville Conflict of Interest Code and are assigned to the listed disclosure categories: 1. Parks and Leisure Services Commission All 2. Arts Commission All 3. Heritage Resource Commission All 4. Design Review Board All 5. Development Services Director All 6. Community Services Director All 7. Chief of Police All 8. Assistant Town Manager All 9. City Clerk All 10. Personnel Officer All 11. Accounting Supervisor All 12. City Engineer All 13. Associate Civil Engineer All 14. Chief of Planning All 15. Senior Planner All 16. Chief Building Official All 17. Maintenance Services Manager All 18. Maintenance Supervisor All 19. Recreation Services Manager All 20. Program Supervisor All 21. Information Systems Coordinator All 22. Consultants~ As appropriate In addition to the above-listed positions designated by the Town, the following positions are subject to the disclosure requirements established by Government Code Section 87200: 1. Town Council 2. Planning Commission 3. Finance Committee 4. Town Manager 5.-City -A. ttomey 6. Finance Director/Treasurer 7. Other officials/consultants managing Town funds ~ As determined necessary by Town Manager. EXHIBIT 2 TO RESOLUTION NO. 133-98