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HomeMy WebLinkAboutOrd 827-1980ORDINANCE NO.827'80 AN ORDINANCE ADOPTING THE FAIR POLITICAL PRACTICES COMMISSION'S MODEL CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Adm. Code Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after pub- lic notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq; and WHEREAS, this body has determined that the attached Appendices accurately set forth those positions which should be designated and the categories of fin- ancial interests which should be made reportable; NOW, THEREFORE IT IS ORDERED THAT: 1. Adoption of Model Code. The following are hereby incorporated by reference and same constitute the Conflict of Interest Codes for the officials, agencies, departments and employees set forth in the appendices hereinafter described. 1.1. 2 Cal. Adm. Code Section 18730 attached hereto as Attachment 1, any amendments to it duly adopted by the Fair Political Practices Commission; and 1.2. Appendix As so designated and attached, which designates the officials, agencies, departments and employees and the applicable C~r~-I-RAL RECOROS Disclosure Category, said cateogry being more fully described to Appendix B; and 1,3 Appendix B, so designated, and attached, which details the category classification and related investment interest and income to be disclosed. 2. Offices in which Statements are to be Filed. Pursuant to Section 4(C) of the adopted code, all designated officers and employees, except City Councilmembers, Planning Commissioners and City Manager shall file their statements with the City Clerk to whom the City Council hereby delegates the authority to carry out the duties of Filing Officer. 3. City Councilmembers and Planning Commissioners. The members of the City Council, Planning Commission and the City Manager of the City of South San Francisco shall continue to file Conflict of Interest Statements in accordance with the Political Reform Act, Government Code Section 81000, et seq. 4. Publication and Effective Date. This Ordinance shall be published once in the Enterprise Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. a this AYES: NOES; Introduced this 2nd day of July , 1980. Passed and adopted as an Ordinance of the City of South San Francisco at regular meeting of the City Council of the City of South San Francisco 16th day of July , 1980, by the following vote: Councilmen Ronald G. Acosta, Mark N. Addiego, Eman~ele N. Danm~Lte, Gus Nicolopulos; and Councilwoman Roberta Cerri Teglin None 2 ABSENT: None ATTEST: /s/ Barbara A. Battay City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 16th day of July , 1980. /s/ Ronald G. Acosta Mayor ATTACHMENT NO. 1 ORDINANCE~Oo 827, so. ADO~TED. "I~PCC MODEL ~ONFLICT'OF INTEREST .'~CODE' ADOPTED BY REFERENdE Regulations of the~Fair Political Practices Commission (Title 2, Division 6 o'f th~ California Adminis:~...r. ative Code) 18730. Provisions of Conflict of Interest Codes ](Gov..Code Sections 87300 87302). .(a) Incorporation .by reference of the terms of this regulation.:alo:ng with the designation of employees and the formu- lation of disclosure categories in the Appendix referred .to below constitute the adoption and promulgation of the 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 87307 if the terms of this regulation are substituted for terms of a Conflict of Interest Code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 81000, et 9eq, The requ.i.rements' 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 ~onflict of Interest Code amended or ad'opted and promulgated pursuant to this regulation are as fol 1 ows: Section 1; DefinitiOns, The d'efinitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Adm. Code Sections lB100 9t. seg.), and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. 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 ~ay foreseeably have a material effect on financial interests. L'.; ~. F .' ~i°: - .'Li_ _ i: (3) Section 3. Disclosure Categories. This Code does not establish any disclosure obligation for those' designated employees who are also specified in Govern- ment 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 wit'hin the jurisdic- tion 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.l_/ 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 ki.nd 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 required to file statements of economic interests pur- suant'to this Conflict of Interest Code to file in accordance with one of the following procedures:-2/ ~/ Designated employees who are required to file state- ments 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 reporta- ble interests in both jurisdictions, and file copies of this ex- panded 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 8lO10 and 2 Cal. Adm. Code 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 officers. - 2 - FIL~ NO.: .......................... __~ (A) All designated employees shall file statements of economic interests with the agency. Upon receipt of the" statements of economic interests of the head of the agency and members of boards or commissions not under a department of state or local government, the agency shall make and retain a copy of each and forward the originals of these statements to the code reviewing .body., which shall be the filing officer with respect'to these statements. Such statemeh'ts shall be forwarded to the code reviewing body within five days after the filing deadline or five days after receipt in the case of statements filed late. ' (B) All designated employees shall file statements of economic interests with the agency, which shall make and retain a .copy and forward the originals to the code reviewing body, which shall be the filing officer. . (C) All designated employees shall file statements economic interests with the code reviewing body. (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 re- viewing body, shall file statements within thirty days after the effective date of this Code. Thereafter, each person al- ready in a poSition when it is designated by an amendment to this Code shall file an initial statement within thirty days after the effective date of the amendment. (B) Assuming Office Statements. (i) All persons assuming designated positions after the effective date of this Code which are civil service or merit system positions shall file state- ments within thirty days after assuming the designated positions. (ii) All other persons appointed, promoted or transferred to designated positions after the effective date of the Code shall file statements within ten days after assuming office, or if subject to State Senate confirmation, ten days after being nominated or appointed. - 3 - (C) Annual Statements. All designated employees shall file statements no later than April (D) Leaving Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. (6) Section 6. Contents.of and Period covered by Statements of Economic Interests. (A) Contents of~Initial Statements. ~'"Initial state- ments shall disclose any reportable investments, interests in real property and business positions held on 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 confirma- tion or appbintment, on the date of nomination. (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 off~ce whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investiments, 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 d~te of leaving office. (7) Section 7: Manner of Reporting. Statements of economic interests shall be.made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following' information: (A) Investment and Real Property Disclosure. When an investme~t4o, r/ an interest in real property3_/ is required to be reported, _ the statement shall contain the following: (i) A statement of the nature of the investment or interest. ~/ For the purpose of disclosure only (not disquali- fication), an interest in real property does not include the principal residence of the filer. - 4 - CENTRAL. RECO'.~D~ FILE NO.: ........ 4/ Investment and interests in real property which have a fair market value of less than $1,000 are not investments and interests in ~eal 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 in- vestment 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 lO percent or greater. \ (ii) The name of the business entity in which each investment .i~]held, and a general description of the business activity in which the business entity is engaged; (iii) The address or other precise location of the real property. (iv) 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, 5_/ the statement shall contain: (i) The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or twenty-five dollars ($25) or more in value if the income was a gift, and a general des- · cription of the business 'activity, if any, of each source. (ii) 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,O00), or greater than ten thousand' dollars ($10,000); 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. - 5 - (iii) A description of the consideration, if any, for which, the income was received; · (iv) 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. (vi In the case of a loan, the annual interest rate and the security, if any, given for the loan. (C) Business Entity Income Disclosure. When income of a business entity, includ~Qg income of a sole proprietorship, is required to be reported, _9! the statement shall contain: (ii The name, address, and a general description of the business activity of'the business entity; (ii) The n~me 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 posi- tions are requi'red 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 invest- ment 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. Disqual i fi cation. No designated employee shall make, participate in making, or use his or her official positions to influence the making of any governmental decision which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on: (A) Any business entity in which the designated employee has a direct or indirect investment worth more than'one thousand dollars ($1,000); 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 .. - 6 - (B) Any real property in which the designated employee has a direct or indirect interest worth more than one thousand: dollars ($1,000); (C) Any source of income, other than loans by a commer- cial lending institution in the regular course of business on terms available to the public without regard to official status, aggrega- ting two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within twelve months prior to the time when the decision is made; or (D) Any business' entity in which the designated employee is a dire'ctor, officer, partner, trustee, employee, or holds any position of management. 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) Section 9. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a financial interest in it, the determination not to. act must be accompanied by disclosure of the financial 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 employlees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (10) Section 10. 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. (ll) Section ll. 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 - 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government Code Section 87100 has occurred may be set aside as void pursuant to Government Code Section 91003. - 7 - APPENDIX A DESIGNATION OF POSITIONS AND APPLICABLE DESIGNATED POSITIONS 1. Members of the following Boards and Commissions 1.1 Design Review Board 1.2 Housing Authority 1.3 Library Board 1.4 Parking Place Commission 1.5 Planning Commission 1.6 Recreation Commission 2. City Manager's Office 2.1 City Manager 2.2 Assistant to City Manager 2.3 Building Maintenance Supervisor 2.4 Equipment Maintenance Supervisor 2.5 PersOnnel Technician 3. City Clerk's Office 3.1 City Clerk 3.2 Deputy City Clerk 4. City Attorney's Office 4.1 City Attorney 4.2 Assistant City Attorney 5. City Treasurer's Office 5.1 City Treasurer 6. Department of Community Development 6.1 Director of Community Development 6.2 Senior Planner 6.3 Assistant Planner 7. Department of Public Services 7.1 Director of Public Services 7.2 Chief Building Official 7.3 Building Inspectors 7.4 Superintendent of Sanitation (Rev. 7/2/80) -1- DISCLOSURE CATEGORY 2, 3, and 4 2, 3, 4, 6 and 7 6 and 7 3, 6 and 7 (See Note No. l) 6 and 7 (See Note No. 1) l 6 and 7 6 and 7 6 and 7 6 and 7 6 and 7 6 and 7 1 1 1 6 and 7 DESIGNATED POSITIONS DISCLOSURE CATEGORY 7.5 Superintendent of Public Works 7.6 Associate Civil Engineers 7.7 Engineer Technicians 7.8 Public Works Inspector 1 6 and 7 6 and 7 1 8. Finance 8.1 Director of Finance 8.2 Purchasing Officer 8.3 Accounting Officer 6 and 7 6 and 7 6 and 7 9. Fire Department 9.1 Fire Chief 9.2 Assistant Fire Chief 9.3 Battalion Chiefs 6 and 7 6 and 7 6 and 7 10. Library lO.1 Library Administrator 10.2 Principal Librarian 6 and 7 6 and 7 11. Pa___rks and Recreation Department ll .1 Il .2 l1.3 Director of Parks and Recreation Superintendent of Parks and Recreation Recreation Supervisor 6 and 7 6 and 7 6 and 7 12. POl i ce Department 12.1 Chief of Police 12.2 Lieutenants 12.3 Captains' 6 and 7 6 and 7 6 and 7 13. Consul rants 1 thru 7 as applicable. See Note No. 2 14. Housing Authority 14.1 Executive Director 2, 3, 4, 6 and 7 Note No. l: Person who holds the position or offices designated must report their financial interest in accordance with Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq. Note No. 2: With respect to consultants, the City Manager may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to .comply with the disclosure requirements described in any or all of the categories. Such determinati, on shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager shall forward a copy. of this determination to the City Council. Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code. · , .......... APPENDIX B DISCLOSURE CATEGORIES FPCC MODEL CONFLICT OF INTEREST CODE (ORDINANCE NO. 827-80ADOPTED 7/16780 ,t980 General Provisions When a designated employee is required to'disclose investments and sources of income, he need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing busi- ness within the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose interests in real property, he need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A. Disclosure Cateogries Category 1: All investments, interests and sources of income categories. Category 2: All interests in real property. Category 3: All investments, interests in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Cateogry 4: Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. Category 5: Interests in real property located within two miles of any land -1- Category 6: Category 7: owned or used by the City of South San Francisco. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of South San Francisco to provide services, supplies, materials, mach- inery or equipment. Investments in business entities and sOurces of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, mach- inery and equipment. ORDINANCE NO.827'1]0 AN ORDINANCE ADOPTING THE FAIR POLITICAL PRACTICES COMMISSION~'S MODEL CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Adm. Code Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after pub- lic notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq; and WHEREAS, this body has determined that the attached Appendices accurately set forth those positions which should be designated and the categories of fin- ancial interests which should be made reportable; NOW, THEREFORE IT IS ORDERED THAT: 1. Adoption of Model Code. The following are hereby incorporated by reference and same constitute the Conflict of Interest Codes for the officials, agencies, departments and employees set forth in the appendices hereinafter described. 1.1. 2 Cal. Adm. Code Section 18730 attached hereto as Attachment 1, any amendments to it duly adopted by the Fair Political Practices commission; and 1.2. Appendix A, so designated and attached, which designates the officials, agencies, departments and employees and the applicable CENTRAL RECORDS l Disclosure Category, said cateogry being more fully described to Appendix B; and 1.3 Appendix B, so designated and attached, which details the category classification and related investment interest and income to be disclosed. 2. Offices in which Statements are to be Filed. Pursuant to Section 4(C) of the adopted code, all designated officers and employees, except City Councilmembers, Planning Commissioners and City Manager shall file their statements with the City Clerk to whom the City Council hereby delegates the authority to carry out the duties of Filing Officer. 3. City Councilmembers and Planning Commissioners. The members of the City Council, Planning Commission and the City Manager of the City of South San Francisco shall continue to file Conflict of Interest Statements in accordance with the Political Reform Act, Government Code Section 81000, et seq. 4. Publication and Effective Date. This Ordinance shall be published once in the Enterprise Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. a this AYES: NOES: Introduced this ~nd day of J,ly , 1980. Passed and adopted as an Ordinance of the City of South San Francisco at ~egular meeting of the City Council of the City of South San Francisco 16th day of July , 1980, by the following vote: Counctlmn Ron&ld G. Acosta, IMrk ~. Addtego, ;man-~le N. D~mnnt~, Gus Ntcolopulos; and Counctl~n Roberta Cerrt Teglt. None CENTRAL F~ECORDS ABSENT: None foregoing Ordinance this 16tbday of City Clerk As Mayor of the City of South San Francisco, I do hereby approve the July , 1980. Mayor CENi'rA/ RECORDS ~,.~ .o.: