HomeMy WebLinkAbout01/19/1999, C6 - AMENDMENT OF THE CITY'S CONFLICT OF INTEREST CODEcouncit "1 -19 -99
j acEnaa REpont ' C6
CITY OF SAN LUIS ISPO
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 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. While conflict of interest regulations found in Chapter 7 of Title 2,
Division 6 of the California Code of Regulations (sections 128700 - 18708) have not been
changed substantively, they have been reorganized to make them easier to understand and apply.
A copy of the standard model code is attached as Exhibit 1.
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. In addition,
disclosure categories specifying those financial interests that designated positions must disclose
have been added. 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.
Attachment: Resolution and Appendix
Exhibit 1: FPPC Standard Model Code
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RESOLUTION NO. (1999 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. 8607 (1996 Series) adopted on December 3, 1996 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 Nos. 5044, 8357 and 8607 are 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 of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 91999.
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
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Resoluti6ii N_===----�
Page 2
�
�.
(199.9 .Series)
APPROVED AS TO FORM:
1Zft4)e L
Resolution No.
Page 3
(1999 Series)
APPENDIX
LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES'
POSITION DISCLOSURE CATEGORY
Administrative Office:
Assistant City Administrative Officer
Assistant to the City Administrative Officer
City Attorney:
Assistant City Attorney 1
City Clerk's Office:
City Clerk 1
Assistant City Clerk 1
Community Development Deat.:
Community Development Director 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
Administrative Analyst 2
Building Permit Coordinator 3
Zoning Investigations Coordinator 3
Finance Deoarnnent:
Revenue Manager 2
Accounting Manager 2
Accounting Supervisor 2
Customer Services Supervisor 2
Information Systems Coordinator 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. (1999 Series)
Page 4
POSITION
Fire De
Rartment:
Fire Chief
Battalion Chief(s)
Battalion Chief (Fire Marshall)
Fire Protection Specialist
Fire Plan Check Inspector
Fire Inspector
Personnel Department:
Personnel Director
Personnel Analyst(s)
Police Department:
Chief of Police
Police Captain(s)
Police Lieutenant(s)
Public Works Department:
Director of Public Works
Administrative Analyst
Street Manager
Streets Supervisor
Parking Manager
Parks Supervisor(s)
Public Works Inspector(s)
City Engineer
Field Engineering Assistant
Supervising Civil Engineer
Engineering Assistant(s)
Supervising Mechanic
Arborist
Building Maintenance Supervisor
Transit Manager
Principal Transportation Planner
Appendix, continued
DISCLOSURE CATEGORY
1
3
3
3
3
3
2
1
2
2
1
2
2
2
2
2
3
3
2
2
2
2
2
2
2
2
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Resolution No.
Page 5
POSITION
Recreation Department:
(1999 Series)
Appendix, continued
DISCLOSURE CATEGORY
Director of Recreation I
Recreation Manager II 2
Recreation Manager I 2
Golf Course Supervisor 2
Recreation Supervisor - Youth Athletics/Special Events 2
Recreation Supervisor - Child Care 2
Utilities Department:
Utilities Director 1
Administrative Analyst 2
Utilities Engineer 2
Water Supply Supervisor (Whale Rock) 2
Water Maintenance 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
Water 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. (1999 Series)
Page 6
Appendix, continued
Other Positions:
Housing Authority Executive Director
BIA Administrator
Temporary Positions?
Consultants?
'Temporary positions may be required to file a conflict of interest statement upon determination by the City
Attorney that the temporary position is the fimction equivalent of a designated position.
'Consultants 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 consuhanfs 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.
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Resolution No. (1999 Series)
Page 7
V-
Appendix, continued
DISCLOSURE CATEGORIES
Cateeory Reportable Interests
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.
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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EXHIBIT 1
(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 teams 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
1 8100, 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
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of this agency is the same as or is wlialiy' included wittitnThe 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.'
Such persons are covered by this code for disqualification purposes only. With resaect to
all other designated employees the disclosure categories set forth in the Appendix s ep cify 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.
(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
' 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.
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body in the agency's conflict of interest code.1
(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.
(g) 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 malting 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
'' 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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during the period between appointment and resignation he or she did not make, participate in the
making, or use the position to influence any decision of the agency or receive, or become entitled
to receive, any form of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements. Initial statements shall disclose any reportable
investments, interests in real property and business positions held on the effective date of the
code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements. Assuming office statements shall disclose
any reportable investments, interests in real property and business positions held on the date of
assuming office or, if subject to State Senate confirmation or appointment, on the date of
nomination, and income received during the 12 months prior to the date of assuming office or the
date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable
investments. interests in real property, income and business positions held or received daring 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
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propertyr3 is required to be reported; the statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held. and a general
description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real propertp;
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 (510,000), or exceeds one
hundred thousand dollars ($100,000).
(B) Personal Income Disclosure. When personal income is required to be reported.' the
statement shall contain:
1. The name and address of each source of income aggregating two hundred fifty dollars
($250) or more in value or fifty dollars (550) 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 arnount owed to each source, was one thousand dollars ($1,000) or less,
greater than one thousand dollars (S 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
3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the
principal residence of the filer.
' 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.
s 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.
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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,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business
entity;
2. The name of every person from whom the business entity received payments if the
filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand
dollars (S 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.
(F) 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
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 arc 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_
P
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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 $290.
(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 5290 in a calendar
year from any single source, if the member or employee would be required to report the receipt
of income or gigs from that source on his or her statement of economic interests. This section
shall not apply to any part -time member of the governing board of any public institution of
higher education, unless the member is also an elected official.
Subdivisions (e), (f), and (g) of 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. 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
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her election to office through the date that he or she vacates office, receive a personal loan from
any person who has a contract with the state or local government agency to which that elected
officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any
indebtedness created as part of a retail installment or credit card transaction, if the loan is made
or the indebtedness created in the lender's regular course of business on terms available to
members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to
subdivisions (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.
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(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 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:
loan.
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($100) or more was made on the
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c. The date upon which the debtor has trade 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:
A loan trade to the campaign committee of an elected officer or a candidate for
elective office.
2. A loan that would otherwise not be a gift as defined in this title. .
3. A loan that would otherwise be a gift as set forth under-subdivision (A), but on which
the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which
the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this
paragraph has the burden of proving that the decision for not taking collection action was based
on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately
discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9
of the Government Code.
(9) Section 9. Disqualification. No designated employee shall make, participate in
making, or in any way attempt to use his or her official position to influence the making of any
governmental decision which he or she knows or has reason to know will have a reasonably
foreseeable material financial effect, distinguishable from its effect on the public generally, on
the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect
investment worth one thousand dollars ($1,000) or more;
(B) Any real property in which the designated employee has a direct or indirect interest
worth one thousand dollars (51,000) 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
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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
$290 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 ]mows or has reason to
know that any parry 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
(S 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
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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 Goverment Code Section 83114 or from the attorney for his
or her agency, provided that nothing in this section requires the attorney for the agency to issue
any formal or informal opinion.
(12) Section 12. Violations. This code has the force and effect of law. Designated
employees violating any provision of this code are subject to the administrative, criminal and
civil sanctions provided in the Political Reform Act, Government Code Sections 81000 - 91015.
In addition, a decision in relation to which a violation of the disqualification provisions of this
code or of Government Code Section 87100 or 87450 has occurred may be set aside as void
pursuant to Government Code Section 91003.
Note: Authority: Section 83112, Gov. Code
Reference: Sections 87103(e), 87300- 87302, 89501, 89502, and 89503, Gov. 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 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.
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