HomeMy WebLinkAboutCity Council Meeting of 2012-06-12 Agenda Item No.04 CITY jp.F�
LADE LSINO E
` DREAM EXTREME.
REPORT TO CITY COUNCIL AND SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: VIRGINIA J. BLOOM
CITY CLERK
DATE: JUNE 12, 2012
RE: BIENNIAL REVIEW OF THE CONFLICT OF INTEREST CODE FOR THE
CITY OF LAKE ELSINORE AND SUCCESSOR AGENCY
Recommendation
It is recommended that the City Council approve and adopt Resolution No. 2012 -020 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING RESOLUTION NO. 2010 -065 UPDATING THE CONFLICT
OF INTEREST CODE FOR THE CITY OF LAKE ELSINORE AND SUCCESSOR
AGENCY OF THE CITY OF LAKE ELSINORE
Discussion
The Political Reform Act requires all local governmental agencies to review its Conflict
of Interest Code biennially, in even numbered years to determine if its Code requires
amendment. The City Council, as the Code Reviewing Body for all agencies under its
jurisdiction, must approve the Conflict of Interest Code. The City Clerk has undertaken
this review and determined that amendments to the City's Conflict of Interest Code is
required. Certain officials including City Council members, the City Treasure, the City
Manager and the City Attorney are subject to mandatory disclosure under Government
Code Section 87200 and are included for clarity purposes. The adopted code requires
designated employees to file an annual Statement of Economic Interest pursuant to the
FPPC's regulations 18720 and 18730.
Fiscal Impact
There is no fiscal impact to the City.
AGENDA ITEM NO. 4
Page 1 of 17
Prepared by: Dana Porche, CMC
Office Specialist III
Submitted and
Approved by: Virginia J. Bloom, CMC
City Clerk
Approved by: Tom Evans
Interim City M. ager
Attachments:
1. Resolution No. 2012 -020
2. Exhibit "A" Schedule of Designated Employees
3. Exhibit "B" Description of Disclosure Categories
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RESOLUTION NO. 2012 -020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, AMENDING
RESOLUTION NO. 2010 -065 UPDATING THE CONFLICT
OF INTEREST CODE FOR THE CITY OF LAKE
ELSINORE AND SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE
WHEREAS, the Political Reform Act of 1974, Government Code Section
81000 et seq., requires state and local government agencies to adopt and promulgate
conflict of interest codes; and
WHEREAS, the Fair Political Practices Commission has adopted
California Code of Regulations, Title 2, Section 18730, containing the terms of a
standard conflict of interest code, which 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; and
WHEREAS, to save the City time and money by minimizing the actions
required to keep the City's Conflict of Interest Code in conformity with the Political
Reform Act, the City of Lake Elsinore adopted by reference California Code of
Regulations, Title 2, Section 18730 by Resolution No. 90 -121 in 1990 and by amending
Resolutions every two years thereafter; and
WHEREAS, the City of Lake Elsinore is amending the previous Resolution
No. 2010 -065 — Conflict of Interest Code - to incorporate additional designated
positions, revise titles of existing positions, and delete titles of previous positions to the
Conflict of Interest Code for the City and Redevelopment Agency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The terms of California Code of Regulations, Title 2, Section
18730 and any amendments to it duly adopted from time to time by the Fair Political
Practices Commission are hereby incorporated by reference and constitute the Conflict
of Interest Code for the City of Lake Elsinore.
Section 2. "Exhibit A" identifies which officials and employees are
designated to report. "Exhibit B" identifies the disclosure categories in the Conflict of
Interest Code. Persons holding designated positions shall file a Statement of Economic
Interests with the City Clerk of the City of Lake Elsinore who will make the statements
available for public inspection and reproduction pursuant to Government Code Section
81008. Upon receipt of the statements of the City Council, City Manager, City Attorney,
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City Treasurer, Planning Commission, and Administrative Services Director, the City
Clerk shall make and retain a copy and forward the original of these statements to the
California Fair Political Practices Commission. Statements for all other designated
employees will be retained by the City Clerks office of the City of Lake Elsinore.
Section 3. The provisions of all Conflict of Interest Codes and
amendments thereto previously adopted for the City of Lake Elsinore are hereby
superseded.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Lake Elsinore, California, this 12 day of June 2012.
Brian Tisdale, Mayor
City of Lake Elsinore
ATTEST:
Virginia J. Bloom, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
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Exhibit A
SCHEDULE OF DESIGNATED EMPLOYEES
DESIGNATED EMPLOYEES DISCLOSURE CATEGORIES
City Council Members 1, 2, 3
Candidates for City Council 1, 2, 3
City Treasurer 1, 2, 3
Successor Agency Members 1, 2, 3
Planning Commission Members 1, 2, 3
Public Safety Advisory Commission Members 1, 2, 3
City Manager's Office
City Manager 1, 2, 3
Management Analyst 1, 2, 3
City Attorney
City Attorney 1, 2, 3
Assistant City Attorney 1, 2, 3
City Clerk's Office
City Clerk 1, 2, 3
Administrative Services
Director of Administrative Services 1, 2, 3
Human Resources Administrator 1, 2, 3
Information Technology Supervisor 1, 2, 3
Community Development
Community Development Director 1, 2, 3
Planning Manager 1, 2, 3
Building Inspector ** 1, 2, 3, 4
Planning Technician 1, 2, 3
Associate Planner 1, 2, 3
Planning Consultant ** 1, 2, 3, 4
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Lake and Aquatic Resources DISCLOSURE CATEGORIES
Director of Lake, Parks & Recreation 1, 2, 3
Parks & Recreation Manager 1, 2, 3
Public Works Engineering
Director of Public Works 1, 2, 3
City Engineer ** 1, 2, 3, 4
Public Works Superintendent 1, 2, 3
Public Works Inspector ** 1, 2, 3, 4
Construction Manager ** 1, 2, 3
Contract Traffic Engineer ** 1, 2, 3, 4
** Consultants — FPPC Regulation 18700 and 187202.2 defines "Consultant" as
individual who, pursuant to a contract with a state or local government agency.
Page 6 of 17
EXHIBIT B
DESCRIPTION OF DISCLOSURE CATEGORIES
Following are disclosure categories consisting of types of financial interests which have
been determines my foreseeably be affected materially by decisions made, participated
in, or influenced by certain employees designated in Exhibit A. These financial interests
must be reported by the designated employees in accordance with the provisions of this
code.
Category 1 (Real Property within Jurisdiction):
Designated employees must report all interests in real property which are located in
whole of in part within the City of Lake Elsinore or not more than two miles outside the
boundaries of the City.
Category 2 (All Investments and Sources of Incomes):
Designated employees must report all investments and sources of income where the
business entity or source of income does business, plans to do business, or has done
business within the past two years in the City.
Category 3 (Management Positions):
Designated employees must report all business positions where the employer does
business, plans to do business or has done business within the past two years in the
City.
Category 4 (General Contracting):
Designated employees must report all investments in business entities, sources of
income and business positions where the business entity or source of income contracts,
plans to contract or has contracted within the past two years with the City to provide
services, supplies, materials, machinery or equipment.
Category 5 (Special Contracting):
Designated employees must report all investments in business entities, sources of
income and business position where the business entity of source of income contracts,
plans to contract or has contracted within the past two years with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
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2 CCR § 18730
MODEL CONFLICT OF INTEREST CODE
Barclays Official California Code of Regulations
Title 2. Administration
Division 6. Fair Political Practices Commission
Chapter 7. Conflicts of Interest
"WArticle 2. Disclosure (Refs & Annos)
0§ 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
Section 87300 or the amendment of a conflict -of- interest code within the meaning of 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, 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 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 (Regulations 18110, 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 economic interests.
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are
also specified in 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 economic interests pursuant to article 2 of chapter 7 of
the Political Reform Act, 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, Section 87200; and
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(C) The filing officer is the same for both agencies.
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 economic interests are reportable. Such a designated employee shall disclose in his or
her statement of economic interests those economic 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 economic interests set forth in a designated employee's disclosure
categories are the kinds of economic 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 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.
(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.
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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, 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, or for a board or commission member subject to Section 87302.6, the day
after the closing date of the most recent statement filed by the member pursuant to Regulation
18754.
(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 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
equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
(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 $500 or more in value, or $50 or
more in value if the income was a gift, and a general description of the business activity, if any,
of each source;
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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 $1,000 or less, greater than $1,000, greater
than $10,000, or greater than $100,000;
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 filer's pro
rata share of gross receipts from such person was equal to or greater than $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
governing board of any public institution of higher education, unless the member is also an
elected official.
Subdivisions (a), (b), and (c) of 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 Section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $420.
(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 $420 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 Section 89503 shall apply to the prohibitions in this section.
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(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 (q) 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 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
lc), (d), (e), (f), and (q) 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 the 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 five hundred dollars ($500) 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 government
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 $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,
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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.
(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 $100 or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to Tess than
$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.
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(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 $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth
$2,000 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 $500 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 $420 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 $1,000 or more.
(10) Section 10. Disclosure of Disqualifying Interest.
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 may be
accompanied by disclosure of the disqualifying interest.
(11) Section 11. Assistance of the Commission and Counsel.
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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 Section 83114 and
Regulations 18329 and 18329.5 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, Sections 81000 - 91014. In addition, a decision in relation to which a violation of the
disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set
aside as void pursuant to Section 91003.
'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 jurisdictions, 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 Section 81004.
2 See Section 81010 and Regulation 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 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 Tess than $2,000
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.
6 lncome 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 10 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 disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e),
87300 - 87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4 -2 -80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
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3. Amendment of subsection (b) filed 1 -9 -81; effective thirtieth day thereafter (Register 81, No.
2).
4. Amendment of subsection (b)(7)(B)1. filed 1- 26 -83; effective thirtieth day thereafter
(Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11- 10 -83; effective thirtieth day thereafter (Register
83, No. 46).
6. Amendment filed 4- 13 -87; operative 5 -13 -87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10- 21 -88; operative 11 -20 -88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-
28-90; operative 9 -27 -90 (Reg. 90, No. 42).
9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and
amendment of Note filed 8 -7 -92; operative 9 -7 -92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)- (A)(2) filed 2 -4 -93;
operative 2 -4 -93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental
Health Planning Council filed 11 -22 -93 pursuant to title 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 filed 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 (b)(8), designation of subsection (b)(8)(A), new subsection
(b)(8)(B), and amendment of subsections (b)(8.1)- (b)(8.1)(B), (b)(9)(E) and Note filed 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), repealer of subsection (b)(8.1)(B),
and amendment of subsection (b)(12) filed 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) filed 4 -9 -97; operative 4 -9 -97 pursuant to
Government Code section 11343.4(d) (Register 97, No. 15).
18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)- (b)(8.4)(C) and
amendment of Note filed 8- 24 -98; operative 8 -24 -98 pursuant to Government Code section
11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5- 11 -99; operative 5 -11-
99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
Page 16 of 17
21. Amendment of subsections (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) filed 12 -6 -2000; operative 1-
1 -2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California
Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1 -10 -2001; operative 2 -1 -2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1. -2., (b)(8.2)(E)3., (b)(9)(A) -(C) and
footnote 4. filed 2 -13 -2001. Submitted to OAL for filing pursuant to Fair Political Practices
Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third
Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)- (b)(8.1)(A) filed 1 -16 -2003; operative 1 -1 -2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004,
No. 33).
27. Amendment of subsections (b)(2) -(3), (b)(3)(C), (b)(6)(C), (b)(8.1)- (b)(8.1)(A), (b)(9)(E)
and (b)(11) -(12) filed 1 -4 -2005; operative 1 -1 -2005 pursuant to Government Code section
11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10 -11 -2005; operative 11 -10 -2005 (Register
2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E)filed 12-
18 -2006; operative 1 -1 -2007. Submitted to OAL pursuant to Fair Political Practices Commission
v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemak:ing requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) filed 10 -31 -2008; operative
11 -30 -2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office
of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements and not subject to procedural or substantive review by
OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11 -15 -2010; operative 12 -15 -2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements and not subject to procedural or substantive review by
OAL) (Register 2010, No. 47).
Page 17 of 17