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HomeMy WebLinkAboutCC Reso No 1986-87RESOLUTION NO. 86-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE DESIGNATED OFFICIALS PURSUANT TO THE POLITICAL REFORM ACT OF 1974. WHEREAS, The Political Reform Act, Government Code Sections 810o0,.et seq., requires state and local government agencies I to adopt and promulgate Conflict of Interest Codes; and I i WHEREAS, the Fair Political Practices Commission has I, adopted a regulation, 2 Cal. Adm. Code Section 18730, which contains ~~ the terms of a standard Conflict of Interest Code, which can be incor- i I porated by reference, and which may be amended by the Fair Political I Practices Commission to conform to amendments in the Political Reform I , ~ Act after public notice and hearings. Therefore, the terms of 2 Cal. II Adm. Code 18730 and any amendments to it duly adopted by the Fair I Politioal Practices Commission, are hereby incorporated by reference ~ ; and, along with the attached Exhibits, in which officials and employees ~I _ are designated and disclosure categories are set forth, constitute ~ I the Conflict of Interest Code of the City of Lake Elsinore. I I NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE i ELSINORE, CALIFORNIA, DOES RESOLVE that the following Conflict of ~ Interest Code applicable to City Councilmembers, City Commissioners ~i and designated City Employees, pursuant to the Political Reform Act of 1974, is hereby adopted. ~ ARTICLE I - GENERAL PROVISIONS section 1_1 - Introduction. I~I In compliance with the Political Reform Act of 1974, I California Government Code Section 81000, et seq., and specifically se . the City of Lake Elsinore hereby adopts ~ with Section 87300, et q, I. this Conflict of Interest Code which shall be applioable to all I i desiqnated employees of the City. ~, I n c o r p o ration b y reference of the terms of regulation 2 Cal. Adm. Code Section 18730, along with the designation of em- ~ ployees and the formulation of disclosure categories in Exhibit I ~'B" attached hereto, constitute the adoption and promulgation of a Conflict of Interest Code within the meaning of Government Code I I , ~ i ~~ Page 2 Resolution No. 86-87 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 this Code are in addition to other requirements of the Act such as the general prohibition against conflicts of interest contained in Government Code Section 87100, and to any other state or local laws pertaining to conflicts of interest. Section 1.2 - Definition of Terms. The definitions contained in the Political Reform Act of 1974, the regulations of the Fair Political Practices Commission (2 Cal. Adm. Code Sections 18100 et seq.), and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. Section 1.3 - Severabilitv. If any article, section, subsection, paragraph, subpar- agraph, sentence, clause or phrase of this Code is for any reason held to be invalid, unconstitutional or unenforceable, such decision shall not affect the validity of the remaining portions of this Code. The City declares that it would have adopted this Code and each article, section, subsection, paragraph, subparagraph, sentence, clause and phrase thereof irrespective of the fact any one or more of such portions of this Code be declared invalid, unconstitutional or unenforceable. Section 1.4 - Effective Date. This Code shall take effect upon its approval by the City Council. Page 3 Resolution No. 86-87 ARTICLE II - DESIGNATED EMPLOYEES Section 2.1 - Desianated Emplovees. The persons holding positions listed in Exhibit "A" are designated employees. It has been determined that these officers and employees make or participate in the making of decisions which may foreseeably have a material effeot on financial interests. ARTICLE III - DISCLOSURE Section 3.1 - Disclosure Statements. A designated employee shall be assigned one or more of the disclosure categories set forth in Exhibit "B". It has been determined that the financial interests set forth in a designated employee's disclosure category are the types of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. Each designated employee shall file statements of economic interest disclosing his or her financial interests as required by the applicable disclosure category Section 3.2 - Place of Filina. All designated employees required to submit a statement of economic interests shall file the original with the City Clerk who shall be the filing officer for all designated employees other than the City Councilmembers, Planning Commissioners and the City Manager. Upon receipt of the statement of economic interests of the City Council, Commissioners and the City Manager, the City Clerk shall make and retain a copy and forward the originals of these statements to the Fair Political Practices Commission, who shall be the filing officer, within five (5) days of the filing deadline or five (5) days of receipt in the case of statements filed late. ments filed late. ~, .____ __ _ _~ . _ _ _ ~- _ Page 4 Resolution No. 86-87 _ ARTICLE IV - TIME OF FILING Section 4.1 - Initial Statements. All designated employees shall file statements within thirty (30) days after the effective date of this code. Section 4.2 - Assumina Office Statements. I All newly elected office holders and all persons assuming designated positions in the merit system after the effective date of this Code shall file statements within thirty (30) days after assuming the designated position. i Al1 other persons appointed, promoted or transferred to designated positions after the effective date of the Code, shall file statements within ten (10) days after assuming office. Section 4.3 - Annual Statements. ~ All designated employees shall file statements no later than April 1. Section 4.4 - Leavina Office Statements. All persons who leave designated positions shall file statements within thirty (30) days after leaving office. ARTICLE V- CONTENTS OF STATEMENTS Section 5.1 - Contents of Initial Statements. I Initial statements shall disclose any reportable invest- ments and interests in real property held on the effective date of the Code. Section 5.2 - Assumina 0£fice Statements. Assuming office statements shall disclose any reportable ' investments and interests in real property held on the date of assuming office. ' Section 5.3 - Contents of Annual Statements. Annual statements shall disclose any reportable invest- ments, interests in real property, income (other than gifts or ~ ~i loans), loans, gifts, honoraria, and income of business entities held or received during the previous calendar year provided, how- ' ever, that 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. I~ _ __ - _ _- _ _ _ _-_- _ _.. _- - _ _ Page 5 Resolution No. 86-87 Section 5_4 - Contents of Leavina Office Statements. Leaving office statements shall disclose reportable invest- ments, interests in real property, income (other than gifts or loans), loans, gifts, honoraria, and income of business entities held I or received during the period between the closing date of the last statement filed and the date of leaving office. ARTICLE VI - MANNER OF REPORTING Section 6.1 - Form. Disclosure statements shall be made on forms supplied by the City and shall contain the following information: Section 6_2 - Contents of Investment Report. When an investment is required to be reported, ~ the statement shall contain the following: (1) A statement of the nature of the investment; (2) The name of the business entity in which invest- ment is held, and a general description of the business activity in which the business entity is engaged; (3) A statement whether the fair market value of the investment exceeds one thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). The date the investment was acquired or disposed of if done during the period covered by the statement. ~ Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, i a direct, indirect or beneficial interest of 10% or greater. i Page 6 Resolution No. 86-87 Section 6_3 - Contents of Interests in Real Property Report. When an interest in real property is required to be reported ~ the statement shall contain the following: (1) A statement of the nature of the interest; (2) The street address or precise location and city or county of the real property; (3) The date the interest was acquired or disposed of if done during the period covered by the statement; (4) A statement whether the fair market value of the investment exceeds one thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). Seotion 6.4 - Investments and Interests in Real Propertv Held by Business Entities or Trusts. When an investment or an interest in real property held by a business entity or a trust is required to be reported, the same information that is required for any other investment (Section 6.2) or interest in real property (Section 6.3) must be provided. Section 6_5 - Contents of Income Report. When personal income is required to be reported, ~ the statement shall contain: ~ For the purpose of disclosure only (not disqualifica- tion) an interest in real property does not include the principal residence of the filer. ~ A designated employee's income includes his or her community property interest in the income of his or her spouse. ~ _-- i , Page 7 Resolution No. 86-87 (1) The name and address of each source of income ~ aggregating two hundred and fifty dollars ($250) or more in value, or fifty dollars ($50.00) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; I (2) A statement whether the aggregate value of income from 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. Section 6_6 - Contents of Loan Report. ~ When a loan is required to be reported, the statement shall I ~ contain: i ~ (1) The name of the lender; I (2) The address of the lender; i i (3) The business activity of the lender; (4) The security, if any, given for the loan; (5) The annual interest rate; (6) Whether the entire loan has been repaid; (7) The highest amount outstanding on the loan at any time during the reporting period. i Section 6.7 - Contents of Gifts Report. When a qift is required to be reported, the statement shall contain: ~' (1) The name of the donor; (2) The address of the donor; (3) The business activity, if any, of the donor; (4) The date the gift was received; (5) The value of the gift; (6) A description of the gift. Section 6.8 - Contents of Honoraria Report. When honoraria are required to be reported, the statement shall contain: Page 8 Resolution No. 86-87 (1) The name, address, and business activity of the source of the payment(s); (2) The date(s) of the payment(s); (3) The amount of the payment(s); (4) A description of the payment(s); (5) A specific description of the service(s) rendered. Section 6.9 - Contents of Business Entitv Income Report. When income of a business entity, including income of a sole proprietorship, is required to be reported, J the statement shall contain: (1) The name, address, and a general description of the business activity of the business entity; (2) In the case of a business entity which provides legal or brokerage service, the name of every person who paid fees to the business entity if the filer's pro rata share of fees from such person was equal to or greater than one thousand dollars ($1,000); (3) In the case of a business entity not covered by paraqraph (2), the name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). ARTICLE VII - DISQUALIFICATION Section 7.1 - Makina of Governmental Decisions. Designated employees must disqualify themselves from making, participating in the making or using their official positions to influence the making of any governmental decision which will foreseeably have a material financial effect, dis- tinguishable from its effect on the public generally, on: ~ Income of a business entity is reportable if the direct, indirect, or beneficial interest of the filer, spouse and dependent children in the business entity aggregates a 10% or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the source is within one of the disclosure categories of the filer. (~ . ~ ~ _.~ I L-- , Paqe 9 Resolution No. 86-87 (1) Any business entity in which the designated employee has a direct or indirect interest worth more than one thousand dollars ($1,000); I (2) any real property in which the designated employee has I a direct or indirect interest worth more than one thousand dollars ($1,000); ~i (3) Any source of income, other than loans by a commercial leading institution in the regular course of business, I = aggreqating two hundred fifty dollars ($250) or more ~ ~ in value received by or promised to the designated employee within twelve (12) months prior to the time when the decision is made; or (4) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management. j ~ i Section 7.2 - Required Participation. -- No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her ~ I participation is legally required for the decision to be made. The I j fact that a designated employee's vote is needed to break a tie does not make his or her participation legally required for purposes of I this Section. I - - ARTICLE VIII - MANNER OF DISQUALIFICATION A desiqnated employee required to disqualify himself or herself shall notify his or her supervisor in writing. This ~ i notice shall be forwarded to the City Administrator, who shall record the employee's disqualification. Upon receipt of such I statement, the supervisor shall reassign the matter to another employee. _ , In the case of a designated employee who is a board member or commissioner, notice of disqualification shall be i given at the meetinq during which consideration of the decision takes place and shall be made part of the official record of the board or commission. ~ -- _ T .. -.-. _---- _ __ ~ Page 10 Resolution 86-87 EXHIBIT "A" CONFLICT OF INTEREST CODE DESIGNATED EMPLOYEES City Manager/Personnel Director City Attorney City Clerk Assistant to City Manager PUBLIC SERVICES Public Services Director Contract City Engineer Associate Civil Engineer Assistant Engineer Public Works Inspector Public Works Superintendent Director of Community Development Senior Planner Contract Senior Planner Planner I Chief Buildinq Official Building Inspector Contract Building Inspector FINANCE DEPARTMENT Administrative Services Director Senior Accountant Transient Occupancy Tax/Accounts Payable Clerk Business License Clerk Purchasing Agent ELECTED OFFICIALS/COMMISSION MEMBERS City Councilmember Planning Commissioner Public Safety Commissioner City Treasurer CATEGORIES I, II, III I, II, III 2, II~ III I, II, III I, II, III I, II, III I, II, III 2, II, III I, II, III I, 22, III 2, I2, III I, II, III 2, II, III I, II, III I, II, III 2, II, III I, II~ III 2, II, III I, II, III I, II~ III I, II, III I, II, III 2, II, III I, II, III I, II, III Page 11 Resolution 86-87 EXHIBIT "B" Section B_1 - Cateaories of Reportable Interest. Reportable interests are divided into the following categories: (a) Cateaorv I: Investments. Investments in business entities are reportable if: (1) The business entity, including parent corpora- tions, subsidiary corporations or otherwise related business entities, (i) has an interest in real property located in part or in whole within the boundaries of the City, within two (2) miles thereof or within two (2) miles of land owned or used by the City, (iij does business or plans to do business within the City, or (iii) has done business within the City at any time during the two (2) years prior to the time that the disclosure statement of the designated employee is filed; (2) The fair market value of the investment of the designated employee or his or her spouse is greater than one thousand dollars ($1,000); and (3) The investment either, (i) is held by the designated employee or his or her spouse and constitutes a financial interest in, or security issued by, the business entity, including but not limited to common stock, preferred stock, rights, warrants, options, debt instruments and any partnership or other ownership interest; or (ii) is held by any business entity or trust in which the designated employee or his or her spouse owns, directly, indirectly or beneficially, a ten percent (10%) interest or greater, and constitutes a financial interest in, or security issued by, a business entity Page 12 Resolution No. 86-87 qualifying under paragraph (2) above; provided, however, that in the event that the ownership interest of the designated employee or his or her spouse in such business entity or trust is less than fifty percent (50%), the value, for the purpose of paragraph (2), of the investment relates to the value of the pro rata share of the designated employee or his or her spouse in the investment held by the business entity or trust; and provided further, that in the event that the ownership interest of the designated employee or his or her spouse in such business entity or trust is fifty percent (50%) or more, the value, for the purpose of paragraph (2), of the investment relates to the entire value of the investment held by the business entity or trust. EXCEPTION: An investment is not reportable if it constitutes a time or demand deposit in a financial institution, a share in a credit union, an insurance policy, or a bond or other debt instrument issued by any govern- ment or government agency. (b) Cateaorv II: Interests in Real Propertv. (1) The real property to which the interest per- tains is located in part or in whole, (i) within the boundaries of the City, (ii) within two miles of the boundaries of the City, or (iii) within two miles of land located outside of the boundaries of the City which is owned or used by the City; (2) The fair market value of the interest of the designated employee or his or her spouse is greater than one thousand dollars ($1,000); and Page 13 Resolution No. 86-87 (3) The interest is either, (i) a leasehold, beneficial or ownership interest held by the designated employee or his or her spouse, (ii) an option held by the designated employee or his or her spouse to acquire such an interest, or (iii) an interest or option held by a business entity or trust in which the designated - employee or his or her spouse owns directly, indirectly, or beneficially, a ten percent (10%) interest or greater; provided, however, that in the event that the ownership interest of the designated employee or his or her spouse in such business entity or trust is less than fifty percent (50$), the value, for the purpose of paragraph (2), of the real property interest or - option relates to the value of the pro rata share of the designated employee or his or her spouse in the real property interest or option held by the business entity or trust; and pro- - vided further, that in the event that the ownership interest of the designated employee or his or her spouse in such business entity or trust is fifty percent (50%) or more the value, for the purpose of paragraph (2), of the real interest or option relates to the entire value _ of the real property interest or option held by the business entity or trust. EXCEPTION: Real property is not required to be reported if it is the principal place of residence for the designated employee. (c) Cateaory I22: Income SIncome, Gifts, Loans, Honoraria, Income from Business Entitv) Source of income are reportable if: Page 14 Resolution No. 86-87 (1) (2) (3) (4) The source of income was either (i) a business entity located or doing business as described in subsection (b-1), (ii) an individual residing within the City, or (iii) a nonprofit association or corporation having its principal place of business within the City. Either (i) the aggregate amount of income received by the designated employee or his or her spouse from the source during the period covered by the disclosure statement was two hundred fifty dollars ($250) or more in value, or (ii) if the income was a gift received by the designated employee or his or her spouse from the source during the period covered by the disclosure statement, the value of the gift was twenty-five dollars ($25) or more; The income was either received by (i) the designated employee or his or her spouse, or (ii) received by any business entity or trust in which the designated employee or his or her spouse owns, directly, indirectly or beneficially, a ten percent (10~) interest or greater, provided, however, that in the event that the income is received by a business entity described in this paragraph (b), the value, for the purpose of paragraph (2), of the income relates to the pro rata share of the designated employee or his or her spouse of the income of the business entity or trust. Income includes, except to the extent excluded by this subsection, income of any nature from any source, includinq but not limited to any salary, wage, advance, payment, dividend, interest, rent capital gain, return of capital, Page 15 Resolution 86-87 gift (including any gift of food or beverage), loan, foregiveness or payment of indebtedness, discount in the price of anything of value unless the discount is available to members of the public without regard to official status, rebate, reim- bursement of expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer. EXCEPTION: Income does not include (i) campaign contributions required to be reported under Chapter 4 (commencing with Section 84100) o£ Title 9 of the Government Code; (ii) salary and reim- bursement for travel expenses and per diem received from a bona fide educa- tional academic or charitable organ- ization; (iii) gifts of informational material, such as books, pamphlets, reports, calendars or periodicals; (iv) gifts which are not used and - which, within thirty days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribu- tion for tax purposes; (v) gifts from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall be considered income if the donor is action as an agent or intermediary for any person Page 16 Resolution No. 86-87 not covered by this paragraph (v); (vi) any devise or inheritance; (vii) interest, dividends or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency; and (viii) dividends, interest or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government. Page 17 Resolution 86-87 EXHIBIT "C" DECISION MAKING/DISOUALIFICATION Section C_1 = General Rule. Designated employees shall disqualify themselves from making or participating in the making of any governmental decision when it is reasonably foreseeable that a financial interest of the designated employee may be materially affected by the decision. A designated employee shall not be required to disqualify himself with respect to any matter which could not be legally acted upon or decided without his participation. Section C_2 = Makina Governmental Decisions; Actions Included. A desiqnated employee makes a governmental decision within the meaning of this Exhibit, when he or she, acting within the authority of his or position: (a) Votes on a matter; (b) Appoints a person; (c) Obligates or commits the City to any course of action; (d) Enters into any contractual agreement on behalf of the City; or (e) Determines not to act, within the meaning of subsection (a) through subsection (d), unless such determination is made because of his or her financial interest. When the determination not to act occurs because of his or her Pinancial interest, the designated employee's determination must be accompanied by disclosure of the financial interest made part of the City's official records, or made in writing to designated employee's supervisor or appointing power. Section C_3 = Participatina in Decisions; Actions Included. A designated employee participates in the making of a governmental decision within the meaning of this Exhibit, when he or she, acting within the authority of his or her position: Page 18 Resolution No. 86-87 (a) Negotiates in any manner with a governmental entity or private person regarding the decision; (b) Conducts research or investigations regarding the decision; (c) Prepares any report, analysis, or opinion regarding the decision; (d) Participates in any governmental discussions or debates regarding the decision; or (e) Advises or makes recommendations to the decisionmaker. Section C.4 - Makina or Participatina in Decisions; Actions Included. Makinq or participating in the making of a governmental decision as used in this Exhibit shall not include: (a) Actions of a desiqnated employee which are solely ministerial, secretarial, annual, or clerical; (b) Appearances by a designated employee as a member of the general public before an agency or commission in the course of its prescribed qovernmental function to represent himself or herself on matters related solely to his or her personal interest; or (c) Actions by a desiqnated employee relating to the compensation or the terms or conditions of his or her employment or contract. Section C.5 - Financial Interest. A financial interest as used in this Exhibit means: (a) A direct or indirect interest in real property as described in Exhibit "B" if such interest is worth more than one thousand dollars ($1,000); (b) A direct or indirect investment as described in Exhibit "B" if such investment is worth more than one thousand dollars ($1,000). (c) A source of income as described in Exhibit "B", other than a loan by a commercial lending institution in the regular course of business, if such income aggregates two hundred fifty dollars ($250) or more Page 19 Resolution 86-87 in value received by or promised to the designated employee within twelve (12) months prior to the time when the decision referred to in Section C.1 is made; or (d) A business entity if the designated employee is a director, officer, partner, trustee or employee or holds any position of management therein. for the purpose of this Section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, by any business entity controlled by the designated employee or by a trust in which he has a substan- tial interest. A business entity is controlled by a designated employee if the designated employee, his agent, spouse and dependent children hold more than fifty percent (50%) of the ownership interest in the entity. A designated employee has a __ substantial interest in a trust when the employee, his spouse and dependent children have a present or future interest worth more than one thousand dollars ($1,000). Section C.6 - Affected Materiallv. (a) Standard Determination. The financial effect of a governmental decision on a financial interest oP a designated employee is material if, at the time the desiqnated employee makes or participates in the making of a decision, in light of all circumstances and facts known at the time of the decision, the designated employee knows or has reason to know that the existence of the financial interest might interfere with the designated employee's performance of his or her duties in an impartial manner free from bias. (b) Circumstances to be Considered. In determining the existence of a material effect upon a financial interest, the designated employee shall consider relevant factors, including but not limited to the following: Page 20 Resolution No. 86-87 (1) In the case of any real property in which the designated employee has a direct or indirect interest worth more than one thousand dollars ($1,000), (i) whether the effect of the decision will be to increase the income producing poten- tial of the real property by one hundred dollars ($loo) or five percent (5%) per month, whichever is less; and (ii) whether the effect of the decision will be to increase the fair market value of the real property by one thousand dollars ($1,000) or more or by Pive percent (5~) whichever is greater. (2) In the case of a business entity in which the designated employee has a direct or indirect investment worth more than one thousand dollars ($1,000), or in the case of a designated employee who is a director, officer, partner, trustee, employee, or holds any position of management in a business entity (i) whether the effect will be to increase or decrease the annualized gross rev- enue of the business entity by one percent (1%) or more than the annual net income of the business entity by five percent (5%) or more; and (ii) whether the effect of the decision will be to increase or decrease the assets or liabilities, whichever is less. (3) In the case of a source of income of a designated employee (other than a loan by a commercial lending institution in the regular course of business) aggregating two hundred fifty dollars ($250) or more in value received by or promised to the designated employee within twelve (12) months prior to the time when the decision is made, (i) whether, if the source of income is a business entity in the manner described in Page 21 Resolution No. 86-87 subsection (2) above; (ii) whether the govern- mental decision will directly effect the amount of income to be received by the designated em- ployee; and (iii) whether there is a nexus between the governmental decision and the purpose for which the designated employee received income. The specific dollar or percentage amounts set forth in this subsection do not constitute either absolute maximum or minimum levels, but are merely intended to provide guidance and should be considered along with other relevant factors in determining whether a financial interest may interfere with the designated employee's exercise of his or her duties in rendering a decision. (c) Excluded Circumstances. The making or participating in the making of a governmental decision by a person acting under contract in the position of consultant or by a person retained to provide information, advice, recommendation or counsel has no material financial effect on a business entity or source of income in which such person acting under contract in the position of consultant, or person retained to provide informa- tion, advice, recommendation or counsel is an officer, employee, sole proprietor or partner, if the only financial effects of the decision are the modifica- tion, perpetuation or renewal of the contractor or retainer aqreement and/or the opportunity to bid competitively on a project or contract. Section C_7 = Notice of Action Taken. (a) Mandatorv Postina of Notice of Action Taken. If a designated employee disqualified himself or herself from the making of a decision, or participation in a decision, upon a particular subject, and if the City subsequently commits itself to a definite _ _ Page 22 _ _ _ Resolution No. 86-87 course of action with regard to said subject, then the City Clerk shall post a Notice of Action Taken as soon as is practicable following such commitment. Said Notice shall be conspicuously posted on or near the door of the regular meeting place of the govern- ing body of the City. (b) Discretionarv Postina of Notice of Action. In the event that the City commits itself to a definite course of action with reqard to any subject and no disqualification has occurred, the governing body may direct the City Clerk to post the Notice described in subsection (a) at the time and place set forth in said subsection. (c) Reauest for Reconsideration. Time of Filina; Effect of Failure to File. In the event that a Notice has been posted pursuant to subsections (a) and (b), a written request for reconsideration or disapproval of any City commitment on the ground of existence of a conflict of interest of a designated employee shall be filed with the City Clerk within thirty (30) days of the posting of said Notice. In the event that such a request is not filed, said commitment and all decisions made with regard thereto shall be final and conclusive. (d) Reconsideration Upon Filina of Request Therefor. In the event that a request is filed with the City Clerk pursuant to subsection (c) hereof, the City Clerk shall direct said request to the City governing : body, officer or employee responsible for the City dommitment in question and said body, officer or employee shall cause said commitment to be reconsidered. Page 23 Resolution No. 86-87 PASSED, APPROVED AND ADOPTED the 23rd of December, 1986, by the follow roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE J ST ' GO , MAYOR CITY F LAKE ELSINORE ATTEST: ~J ~ J ANN OLIVER~ CITY CLERI Y OF LAKE ELSINORE APPROVED AS TO FORM AND LEGALITY: JOHN HARPER, CITY ATTORNEY CITY OF LAKE ELSINORE