HomeMy WebLinkAbout085-00RESOLUTION NO. 85-2000
AMENDING THE TOWN OF DANVILLE
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 Califomia 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 June 20, 2000, by the following
vote:
AYES: Greenberg, Doyle,
NOES: None
ABSTAINED: None
ABSENT: None
Arnerich,
Shimansky, Waldo
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
DEPI~/FY CITY CLERK
(Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the Califomia 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 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 Cal. 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
~:tecisions 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
(C) The filing officer is the same for both agencies.0D
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.
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(4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall
instruct all designated employees 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
conflict of interest code.2G)
(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 30 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.
(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 filing officer to file 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) 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
(2) 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.
(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,
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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 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) Investments and Real Property Disclosure. When an investment or an interest in real property3G)
is required to be reported,® 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,® 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 amount 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;
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 and the term
of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole
proprietorship, is required to be reported,® the statement shall contain:
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 ~ler's pro rata
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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 or 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. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local
government 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 goveming board of
any public institution of higher education, unless the member is also an elected official.
Subdivisions (a), (b), 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 $300.
(A) No member of a state board or commission, and no designated employee of a state or local
government agency, shall accept gifts with a total value of more than $300 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.
Subdivisions (e), (f), and (g) of Govemment Code Section 89503 shall apply to the prohibitions in
this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her election
to office through the date that he or she vacates office, receive a personal loan from any officer,
employee, member, or consultant of the state or local government agency in which the elected officer
holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c),
(d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office,
receive a personal loan from any officer, employee, member, or consultant of the state or local
government agency in which the public official holds office or over which the public official's agency
has direction and control. This subdivision shall not apply to loans made to a public official whose
duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of his or her election
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to office through the date that he or she vacates office, receive a personal loan from any person who
has a contract with the state or local government agency to which that elected officer has been elected
or over which that elected officer's agency has direction and control. This subdivision shall not apply
to loans made by banks or other financial institutions or to any indebtedness created as part of a retail
installment or credit card transaction, if the loan is made or the indebtedness created in the lender's
regular course of business on terms available to members of the public without regard to the elected
officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions (c),
(d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office,
receive a personal loan from any person who has a contract with the state or local government agency
to which that elected officer has been elected or over which that elected officer's agency has direction
and control. This subdivision shall not apply to loans made by banks or other financial institutions or
to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made
or the indebtedness created in the lender's regular course of business on terms available to members
of the public without regard to th6 elected officer's official status. This subdivision shall not apply to
loans made to a public official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister,
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse
of any such persons, provided that the person making the loan is not acting as an agent or
intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed two hundred fifty dollars ($250) at any
given time.
4. Loans made, or offered in writing, before January 1, 1998.
(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local govemment agency
shall, from the date of his or her election to office through the date he or she vacates office, receive a
personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly
states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of
the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the
payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild,
brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin,
or the spouse of any such person, provided that the person making the loan is not acting as an agent
or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title 9 of the
Government Code.
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(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall
become a gift to the designated employee for the purposes of this section in the following
circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an
action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of
the following:
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($100) or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less than two
hundred fifty dollars ($250) during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor
has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor,
based on reasonable business considerations, has not undertaken collection action. Except in a
criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the
burden of proving that the decision for not taking collection action was based on reasonable business
considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in
bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the
Government Code.
(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;
(B) Any real property in which the designated employee has a direct or indirect interest worth one
thousand dollars ($1,000) or more;
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(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 $300 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 opinion.
(12) Section 12. Violations. This code has the force and effect of 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 - 91015. 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.
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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. Transportation Services Director All
8. Chief of Police All
9. Assistant Town Manager All
10. City Clerk All
11. Human Resources Manager All
12. Accounting Supervisor All
13. City Engineer All
14. Associate Civil Engineer All
15. Chief of Planning All
16. Senior Planner All
17. Chief Building Official All
18. Maintenance Services Manager All
19. Maintenance Supervisor All
20. Recreation Services Manager All
21. Program Supervisor All
22. Information Systems Manager All
23. 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 Attorney
6. Finance Director/Treasurer
7. Other officials/consultants managing Town funds
~ As determined necessary by Town Manager.
EXHIBIT 2 TO RESOLUTION NO. 85-2000