HomeMy WebLinkAbout11/09/2000, C9 - AMENDMENT OF THE CITY'S CONFLICT OF INTEREST CODE co un c i l Ma�i-ung Dui
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CITY O F SAN LUIS O B I S P 0
FROM: Lee Price, City Clerk
_ SUBJECT: AMENDMENT OF THE CITY'S CONFLICT OF INTEREST CODE
CAO RECOMMENDATION
Adopt a resolution amending the City's Conflict of Interest Code.
DISCUSSION
The Political Reform Act (PRA)requires state and local government agencies to adopt and
promulgate a conflict of interest code and designate positions that are required to file statements
of economic interest with the City Clerk. In addition, the PRA requires that the City Council
review its conflict of interest code biennially to determine if it is accurate or must be amended.
A conflict of interest code must contain the following three basic components:
• Language which incorporates the Fair Political Practices Commission(FPPC)Regulations,
or the basic provisions required in Government Code § 87302. The City has previously
adopted the FPPC's model code.
• A list of the designated positions that make and/or participate in making governmental
decisions.
• Disclosure categories specifying financial interests that designated positions must disclose.
Resolution No. 5044 was adopted in 1983 incorporating by reference the FPPC's standard model
code. Since that time, the Code has been updated regularly,primarily to reflect changes in job
titles,positions and classifications. In addition, certain advisory bodies have been added to the
list of designated positions. Conflict of interest regulations are found in Chapter 7 of Title 2,
Division 6 of the California Code of Regulations. There have been no recent changes to the
regulations. The FPPC's standard model code remains unchanged and is available in the Council
Reading File for review.
Over the past several months, staff has conducted a review of the Code and has determined that
revisions are necessary to reflect changes in job titles,positions and classifications. It is
important to note that the list of designated positions does not include the Mayor and Council
Members, Planning Commissioners, City Administrative Officer, City Attorney and City
Finance Director. These officials are required to file statements of economic interest pursuant to
Government Code § 87200, and are therefore,not included in the List of Designated Positions
required to file pursuant to the City's conflict of interest code.
Attachments: #1 -Resolution and Appendix
FPPC Model Code(available in the Council Reading File)
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ATTACHMENT#1
RESOLUTION NO. (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AMENDING
THE CITY'S CONFLICT OF INTEREST CODE
WHEREAS,the City Council adopted Resolution No. 5044 (1983 Series) amending the
City's Conflict of Interest Code by incorporating by reference the Fair Political Practices
Commission's standard model conflict of interest code (Title 2,Division 6 of the California Code
of Regulations) and updating the list of designated positions required to file a conflict of interest
statement; and
WHEREAS, the Political Reform Act requires that the City Council review its Conflict of
Interest Code biennially to determine if it is accurate or must be amended; and
WHEREAS, Resolution No. 8898 (1999 Series) adopted on January 19, 1999 amended
the Code by updating the Appendix (List of Designated Positions); and
WHEREAS, a review of the Appendix indicates that amendments are necessary to reflect
changes in job titles,positions and classifications; and further reveals the need to add disclosure
categories specifying those financial interests that designated positions must disclose.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Resolution No. 8898 is hereby rescinded.
SECTION 2. The Fair Political Practices Commission's standard model conflict of
interest code (Title 2,Division 6 of the California Code of Regulations), as reorganized, along
with the List of Designated Positions and Disclosure Categories in the Appendix constitute the
City of San Luis Obispo's conflict of interest code.
Upon motion by , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 9'b day of November, 2000.
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
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Resolution No. (2666 Series)
Page 2
i
APPROVED AS TO FORM:
7 ffr J rge `n, Q-ty Attorney -
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Resolution No. (2000 Series)
Page 3
APPENDIX
AMENDED LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES'
POSITION DISCLOSURE CATEGORY
Administrative Office:
Assistant City Administrative Officer 1
Assistant to the City Administrative Officer 1
Economic Development Manager 3
Natural Resources Manager 3
City Attorney:
Assistant City Attorney 1
City Clerk's Office:
City Clerk 1
Assistant City Clerk 1
Community Development Dept.:
Director of Community Development 3
Development Review Manager 3
Long Range Planning Manager 3
Associate Planner(s) 3
Planning Technician 3
Chief Building Official 3
Building Inspector(s) 3
Plans Examiner 2
Building Permit Coordinator 3
Code Enforcement Coordinator 3
Finance Department:
Revenue Manager 2
Accounting Manager 2
Accounting Supervisor 2
Customer Services Supervisor 2
Information Systems Manager 2
'The Mayor and Council Members, Planning Commissioners, City Administrative Officer, City Attorney
and City Finance Director are required to file statements of economic interest pursuant to Government Code
Section 87200, and are therefore, not included in the List of Designated Positions required to file pursuant
to the City's conflict of interest code.
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Resolution No. (2000 Series)
Page 4
Appendix, continued
POSITION DISCLOSURE CATEGORY
Fire Department:
Fire Chief 1
Fire Battalion Chief(s) 3
Battalion Chief(Fire Marshall) 3
Fire Protection Specialist 3
Fire Plan Check Inspector 3
Fire Inspector 3
Human Resources Department:
Director of Human Resources 1
Human Resources Analyst 2
Risk Manager 2
Police Department:
Police Chief 1
Police Captain(s) 2
Police Lieutenant(s) 2
Communications Manager 2
Neighborhood Services Manager 2
Public Safety IS Coordinator 2
Administrative Assistant 2
Public Works Department:
Director of Public Works I
Deputy Public Works Director 2
Administrative Analyst 2
Streets Supervisor 2
Parking Manager 2
Parks Supervisor(s) 2
Public Works Inspector(s) 3
City Engineer 3
Field Engineering Supervisor 2
Field Engineering Assistant 2
Supervising Civil Engineer 2
Engineering Assistant(s) 2
Supervising Mechanic 2
Arborist 2
Building Maintenance Supervisor 2
Transit Manager 2
Principal Transportation Planner 2
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Resolution No. (2000 Series)
Page 5
Appendix, continued
POSITION DISCLOSURE CATEGORY
Recreation Department:
Parks &Recreation Director 1
Recreation Manager Il 2
Recreation Manager I 2
Golf Course Supervisor 2
Recreation Supervisor- Youth Athletics/Special Events 2
Recreation Supervisor-Child Care 2
Recreation Supervisor- Aquatics 2
Recreation Supervisor—Adult Sports/Special Classes 2
Utilities Department:
Utilities Director 1
Administrative Analyst 2
Utilities Engineer 2
Water Supply Supervisor(Whale Rock) 2
Water Treatment Plant Supervisor 2
Wastewater Treatment Plant Supervisor 2
Industrial Waste Coordinator 2
Industrial Waste Inspector 3
Water Division Manager 2
Wastewater Division Manager 2
Water Distribution Supervisor 2
Wastewater Collection Supervisor 2
Utilities Conservation Coordinator 2
Water Projects Manager 2
Committees/Commissions:
Members of the Architectural Review Commission 3
Members of the Housing Authority 3
Members of the Cultural Heritage Committee 3
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Resolution No. (2000 Series)
Page 6
Appendix, continued
Other Positions:
Housing Authority Executive Director 1
Downtown Association Administrator 1
Temporary Positions:2 1
Consultants:3 1
Temporary positions may be required to file a conflict of interest statement upon determination by the City
Attorney that the temporary position is the functional equivalent of a designated position.
3Consultants should be included in the list of designated employees and shall disclose pursuant to the broadest
disclosure category in the code subject to the following limitation:
The City Administrative Officer may determine(upon written application by the consultant)that a particular
consultant,although a"designated position," is hired to perform a range of duties that is limited in scope and
thus is not required to fully comply with the disclosure requirements described in this section. Such written
determination shall include a description of the consultant's duties and,based upon that description,a statement
of the extent of disclosure requirements. The City Administrative Officer's determination is a public record and
shall be retained for public inspection in the same manner and location as this conflict of interest code.
If a consultant believes he or she is exempt from disclosure requirements of law,prior to the application to the
City Administrative Officer,the consultant shall obtain opinion to that effect from an admitted attorney to
practice in the State of California which opinion shall contain the information specified in the paragraph above.
C9-7
Resolution No. (2000 Series)
Page 7
Appendix, continued
DISCLOSURE CATEGORIES
Cate o Reportable Interests
1 Investments,business positions, income from sources located in or doing business
in the jurisdiction,interests in real property located in the jurisdiction,including
property located within a two mile radius of any property owned or used by the
City.
2 Investments,business positions,and sources of income of the type which provide
services, supplies, materials,machinery or equipment of the type utilized by the
City.
3 Investments,business positions,and sources of income of the type which engage in
land development,construction or the acquisition or sale of property. Interests in
real property located within the jurisdiction,including property located within a two
mile radius of any property owned or used by the City.
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(Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of
Regulations.)
18730. Provisions of Conflict of Interest Codes
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and
the formulation of disclosure categories in the Appendix referred to below constitute the adoption and
promulgation of a conflict of interest code within the meaning of Government Code Section 87300 or the
amendment of a conflict of interest code within the meaning of Government Code Section 87306 if the
terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so
amended or adopted and promulgated requires the reporting of reportable items in a manner substantially
equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code
Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements
of the Political Reform Act, such as the general prohibition against conflicts of interest contained in
Government Code Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation
are as follows:
(1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the
Fair Political Practices Commission(2 Cal. Code of Regs. Sections 18100, et seq.), and any amendments
to the Act or regulations; are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated
employees. It has been determined that these persons make or participate in the making of decisions which
may foreseeably have a material effect on financial interests.
(3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those
designated employees who are also specified in Government Code Section 87200 if they are designated in
this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly
included within the jurisdiction in which those persons must report their financial interests pursuant to
Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are
designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction
of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under Article 2 of.
Chapter 7 of the Political Reform Act, Government Code Section 87200; and
(C) The filing officer is the same for both agencies.M
Such persons are covered by this code for disqualification purposes only. With respect to all other
designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial
interests are reportable. Such a designated employee shall disclose in his or her statement of economic
interests those financial interests he or she has which are of the kind described in the disclosure categories
to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth
in a designated employee's disclosure categories are the kinds of financial interests which he or she
foreseeably can affect materially through the conduct of his or her office.
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(4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all
designated employees within its code to file statements of economic interests with the agency or with the
code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.0
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the effective date of this code,
as originally adopted, promulgated and approved by the code reviewing body, shall file statements within
30 days after the effective date of this code. Thereafter, each person already in a position when it is
designated by an amendment to this code shall file an initial statement within 30 days after the effective
date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the effective date of this
code shall file statements within 30 days after assuming the designated positions, or if subject to State
Senate confirmation, 30 days after being nominated or appointed.
(C)Annual Statements. All designated employees shall file statements no later than April 1.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30
days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns
within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing
officer to file an assuming office statement, is not deemed to have assumed office or left office, provided
he or she did not make or participate in the making of, or use his or her position to influence any decision
and did not receive or become entitled to receive any form of payment as a result of his or her appointment.
Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do
both of the following:
(1) File a written resignation with the appointing power; and
(2)File a written statement with the filing officer declaring under penalty of perjury that during the period
between appointment and resignation he or she did not make,participate in the making, or use the position
to influence any decision of the agency or receive, or become entitled to receive, any form of payment by
virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in
real property and business positions held on the effective date of the code and income received during the
12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable
investments, interests in real property and business positions held on the date of assuming office or, if
subject to State Senate confirmation or appointment, on the date of nomination, and income received
during the 12 months prior to the date of assuming office or the date of being appointed or nominated,
respectively.
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(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.
(D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable
investments, interests in real property, income and business positions held or received during the period
between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by
the Fair Political Practices Commission and supplied by the agency, and shall contain the following
information:
(A) Investments and Real Property Disclosure. When an investment or an interest in real property I is
required to be reported,W the statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a general description of the
business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property exceeds one
thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand
dollars ($100,000).
(B) Personal Income Disclosure. When personal income is required to be reported,u the statement shall
contain:
1. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in
value or fifty dollars ($50) or more in value if the income was a gift, and a general description of the
business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the
highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand
dollars ($1,000), or greater than ten thousand dollars ($10,000);
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through
which the gift was made; a description of the gift; the amount or value of the gift; and the date on which
the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of
the loan.
(C)Business Entity Income Di$closure. When income of a business entity, including income of a sole
proprietorship, is required to be reported,fO the statement shall contain:
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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 ten thousand dollars ($10,000).
(D)Business Position Disclosure. When business positions are required to be reported, a designated
employee shall list the name and address of each business entity in which he or she is a director, officer,
partner, trustee, employee, or in which he or she holds any position of management, a description of the
business activity in which the business entity is engaged, and the designated employee's position with the
business entity.
(E)Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement,
if an investment or an interest in real property was partially or wholly acquired or disposed of during the
period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A)No member of a state board or commission, and no designated employee of a state or local government
agency, shall accept any honorarium from any source, if the member or employee would be required to
report the receipt of income or gifts from that source on his or her statement of economic interests. This
section shall not apply to any part-time member of the governing board of any public institution of higher
education, unless the member is also an elected official.
Subdivisions (a), (b), and(c) of Government Code Section 89501 shall apply to the prohibitions in this
section.
This section shall not limit or prohibit payments, advances, or reimbursements for travel and related
lodging and subsistence authorized by Government Code Section 89506.
(8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of$300.
(A)No member of a state board or commission, and no designated employee of a state or local government
agency, shall accept gifts with a total value of more than$300 in a calendar year from any single source, if
the member or employee would be required to report the receipt of income or gifts from that source on his
or her statement of economic interests. This section shall not apply to any part-time member of the
governing board of any public institution of higher education, unless the member is also an elected official.
Subdivisions (e), (0, 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 government agency shall, from the date of his or her election to
office through the date that he or she vacates office, receive a personal loan from any officer, employee,
member, or consultant of the state or local government agency in which the elected officer holds office or
over which the elected officer's agency has direction and control.
(B)No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d),
(e), (f), and(g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a
personal loan from any officer, employee,member, or consultant of the state or local government agency in
which the public official holds office or over which the public official's agency has direction and control.
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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 goverment agency to which that elected officer has been elected or over
which that elected officer's agency has direction and control. This subdivision shall not apply to loans
made by banks or other financial institutions or to any indebtedness created as part of a retail installment or
credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of
business on terms available to members of the public without regard to the elected officer's official status.
(D)No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d),
(e), (f), and (g) of Section 4 of Article VII of the Constitution shall,while he or she holds office,receive a
personal loan from any person who has a contract with the state or local government agency to which that
elected officer has been elected or over which that elected officer's agency has direction and control. This
subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness
created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness
created in the_lender's regular course of business on terms available to members of the public without
regard to 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 two hundred fifty dollars ($250) at any
given time.
4. Loans made, or offered in writing,before January 1, 1998.
(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision(B), no elected officer of a state or local 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 five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms
of the loan, including the parties to the loan agreement, date of the loan, amount of the loan,term of the
loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of
interest paid on the loan.
(B)This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child,parent, grandparent, grandchild,brother,
sister, parent-in-law, brother-in-law, sister-in-law,nephew, niece, aunt, uncle, or first cousin, or the spouse
of any such person,provided that the person making the loan is not acting as an agent or intermediary for
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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 one hundred dollars ($100) or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred
fifty dollars ($250) during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision(A), but on which the creditor has
taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A),but on which the creditor,based
on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a
creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the
decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in
bankruptcy.
(C)Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government
Code.
(9) Section 9. Disqualification. No designated employee shall make,participate in making, or in any way
attempt to use his or her official position to influence the making of any governmental decision which he or
she knows or has reason to know will have a reasonably foreseeable material financial effect,
distinguishable from its effect on the public generally, on the official or a member of his or her immediate
family or on:
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(A) Any business entity in which the designated employee has a direct or indirect investment worth one
thousand dollars ($1,000) or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth one thousand
dollars ($1,000) or more;
(C)Any source of income, other than gifts and other than loans by a commercial lending institution in the
regular course of business on terms available to the public without regard to official status, aggregating two
hundred fifty dollars ($250) or more in value provided to,received by or promised to the.designated
employee within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee,
or holds any position of management; or
(E)Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $300 or more
provided to;received by, or promised to the designated employee within 12 months prior to the time when
the decision is made.
(9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making
or participating in the making of any decision to the extent his or her participation is legally required for
the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed
to break a tie does not make his or her participation legally required for purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general
disqualification provisions of Section 9, no state administrative official shall make,participate in making,
or use his or her official position to influence any governmental decision directly relating to any contract
where the state administrative official knows or has reason to know that any party to the contract is a
person with whom the state administrative official, or any member of his or her immediate family has,
within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public,
regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members of the public
regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more.
(10) Section 10. Manner of Disqualification. When a designated employee determines that he or she should
not make a governmental decision because he or she has a disqualifying interest in it, the determination not
to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this
determination and disclosure shall be made part of the agency's official record; in the case of a designated
employee who is the head of an agency, this determination and disclosure shall be made in writing to his or
her appointing authority; and in the case of other designated employees, this determination and disclosure
shall be made in writing to the designated employee's supervisor.
(11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of
his or her duties under this code may request assistance from the Fair Political Practices Commission
pursuant to Government Code Section 83114 or from the attorney for his or her agency,provided that
nothing in this section requires the attorney for the agency to issue any formal or informal opinion.
(12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any
provision of this code are subject to the administrative, criminal and civil sanctions provided in the
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Political Reform Act, Government Code Sections 81000 - 91015. In addition, a decision in relation to
which a violation of the disqualification provisions of this code or of Government Code Section 87100 or
87450 has occurred may be set aside as void pursuant to Government Code Section 91003.
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)l. filed 1-26-83; effective thirtieth day thereafter.
(5) Amendment of subsection(b)(7)(A) filed 11-10-83; effective thirtieth day thereafter.
(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 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 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.
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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 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, 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 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.
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