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HomeMy WebLinkAboutCC Reso No 2000-45RESOLUTION NO. 2000 - 45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAI~ ELSINORE, CALIFORNIA AMENDING THE CITY'S CONFLICT OF INTEREST CODE IN ORDER TO REVISE THE LIST OF DESIGNATED EMPLOYEES WFIEREAS, Resolufion No. 90-121 was duly passed and adopted by the City Council of the City of Lake Elsinore on December 11, 1990; and WHEREAS, Resolution No. 90-121 adopts a Conflict of Interest Code for the City (the "Code") which incorporates by reference the standazd conflict of interest code adopted by the Fair Political Practices Commission and set forth in Title 2 California Code of Regulations Section 18730(b); WHEREAS, the Code was amended by Resolution No. 98-39 which was duly passed and adopted by the City Council of Lake Elsinore on October 27, 1998 in order to revise the List of Designated Employees attached to the Code; WHEREAS, Section 87306.5 of the Political Reform Act, Government Code Sections 81000, et seq., requires that the Code be reviewed every even-numbered year to determine if any changes to the Code aze required; and WHEREAS, the City Council, as the code reviewing body for the City, has reviewed the Code and determined that it is necessary to revise the List of Designated Employees set forth as Appendix A to the Code in order to add the position of Information/Communications Manager. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The foregoing Recitals aze true and correct. SecHon 2. 'fhe List of Designated Employees set forth as Appendix A to the City's Conflict of Interest Code is hereby amended to add the position of "Information/Communications Manager" and to delete the position of "Assistant to the City Manager" under the heading of "City Manager's Office." The revised Appendix A is attached hereto and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 26 day of September, 2000 by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NONE NONE ATTEST: ~J~ ll,~:n.er-e~~ Vicki Kasad, City lerk City of Lake Elsinore Page 2 Resolution No. 2000- 45 APPROVED AS TO aza LeiboY'd, City of Lake Elsinore (SEAL) APPENDIX A - DESIGNATED EMPLOYEES Citv Manaeer's Office Assistant City Manager Information/Communications Manager Citv Clerk's Office City Clerk Deputy City Clerk Administrative Services Department Finance Manager Communitv Development Department Community Development Director Building and Safety Manager Planning Manager Senior Planner Assistant Planner Planning Technician Building Inspectors City Engineer Public Works Inspectors Communitv Services Department Community Services Director Recreation and Tourism Manager Public Works Manager Lake Operations Manager Human Resources Department Human Resources Director Consultants Consultants as defined in Title 2 California Code of Regulations Section 18700 ~a)~2) **Note: All positions file in Disclosure Categories A through E. EXHIBIT "A" (Regulations of the Fair Polirical Practices Commission, Title 2, Division 6 of the California Code of Regulations.) 18730. Provisions of Conflict of Interest Codes (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 18 TOQ et seq.), and any amendments to the Act or regulations, aze incorporated by reference into this wnflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who aze also specified in Government Code Section 87200 if they aze 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 jurisdicrion in which those persons must report their fmancial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 8~200, 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, Govemment Code Section 87200; and (C) The filing officer is the same for both agencies.'~ Such persons aze 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 aze reportable. Such a designated employee shall disclose in his or her statement of economic interests those fmancial interests he or she has which aze 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 aze the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated 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 inidal 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) Secdon 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, interests in real property, income and business positions held or received during the previous calendaz year provided, however, that the period covered 9y 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 Polirical Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Properry Disclosure. When an investment or an interest in real propertyu 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 enrity in which each investment is held, and a general descripdon 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 mazket value of the investment or interest in real property exceeds one thousand dollazs ($1,000), exceeds ten thousand dollazs ($10,000), or exceeds one hundred thousand dollazs ($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 aggregadng rivo hundred fifty dollazs ($250) or more in value or fifty dollazs ($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 dollazs ($1,000) or less, greater than one thousand dollazs ($1,000), or greater than ten thousand dollazs ($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: 2 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 enrity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollazs ($10,000). (D) Business Position Disclosure. When business posidons are requved 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 boazd or commission, and no designated employee of a state or local govemment agency, shall accept any honorazium 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. T'his section shall not apply to any part-time member of the governing boazd 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 lunit 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 GiBs 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 calendaz yeaz 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 o~cial. Subdivisions (e), (~, and (g) of Government 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 govemment 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), (fl, 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 direcrion and control. This subdivision shall not apply to loans made to a public official whose duties aze 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 fmancial institutions or to any indebtedness created as part of a retail installment or credit cazd transaction, if the loan is made or the indebtedness created in the lender's regulaz 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), (~, 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 regulaz course of business on terms available to members of the public without regazd to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties aze 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 o~ce. 2. Loans made by a public official's spouse, child, pazent, grandpazent, grandchild, brother, sister, pazent-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 othenvise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed two hundred fifry dollazs ($250) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (83) Section 83. Loan Terms. (A) Except as set £orth 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 personat loan of five hundred dollazs ($500) or more, except when the loan is in writing and cleazly 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, pazent, grandpazent, grandchild, brother, sister, pazent-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 sha11 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 yeaz has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollazs ($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 dollazs ($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 othenuise 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 baukniptcy and the loan is ultimately dischazged in bankruptcy. 4 (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 haue 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 d'uect or indirect investment worth one thousand dollazs ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regulaz course of business on terms available to the public without regazd to official status, aggregaring rivo hundred fifty dollazs ($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, empkoyee, 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 93. 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 conh~act 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, regazding any inveshnent or interest in real properry; or (B) Engaged in a business rtansaction or transactions on terms not available to members of the public regazding the rendering of goods or services totaling in value one thousand dollazs ($1,000) or more. (10) Section 10. Manner of Disqualification. When a designated employee determines that he or she should not make a govermnental decision because he or she has a disqualifying interest in it, the detemvnation 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 deternunadon and disclosure shall be made in wridng 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 Govemment 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 aze 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 asp void pursuant to Government Code Section 91003. Note: Authority: 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. Certificate of Compliance included. (2) Editorial correction. (3) Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter. (4) Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter. (5) Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day therea8er. (6) Amendment filed 4-13-87; effective thirtieth day thereafter. (7) Amendment of subsection (b) filed 10-21-88; effective thirtieth day thereafter. (8) Amendment filed 8-28-90; effective thirtieth day thereafter. (9) Amendment filed 8-7-92; effectiVe thirtieth day thereafter. (10) Amendment filed 2-5-93; effective upon filing. (11) Amendment filed 3-14-95; effective upon filing. (12) Amendment filed 10-23-96; effective upon filing. (13) Amendment filed 4-9-97; effective upon filing. (14) Amendment filed 8-24-98; effective upon filing. (15) Amendment filed 5-11-99; effective upon filing. 1. Designated employees who aze 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 Government Code Section 81004. 2. See Government Code Section 81010 and 2 Cal. Code of Regs. Section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3. For the purpose of disclosure only (not disqualification), an interest in real properiy does not include the principal residence of the filer. 4. Investments and interests in real property which have a fair mazket value of less than $1,000 aze not investments and interests in real properiy within the meaning of the Political Reform Act. However, investments ot interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata shaze 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. Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who aze clients or customers of a business entity is required only if the clients or customers aze within one of the disclosure categories of the filer. 7 5TATE OF CALIFORNIA ) COUNTY OF RIVER5IDE ) S5: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the Foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 26th day of September, 2000, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ ~"c~~~ VICHI KASAD, CITY CLERK CI'd°Y a~ LAKE ELSINORE (5EAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2000-45 of said Council, and that the same has not been amended or repealed. DATE: October 31, 2000 ~ \ ~'~, ~~ VICKI KASAD, ITY CLERK CI'I'Y OF LAKE ELSINORE (SEAL)