HomeMy WebLinkAboutReso 129-1987 RESOLUTION NO. 129-87
CITY ~OUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
'A RESOLUTION ADOPTING A CONFLICT OF INTEREST CODE
FOR THE CITY OF SOUTH SAN FRANCISCO
WHEREAS, the City has previously adopted and amended its Conflict of Interest
Code by Ord, inance (Chapter 2.80 of the South San Francisco Municipal Code); and
WHEREAS, amendments to the Political Reform Act, Government Code Sections
81000, et seq., have in the past and forseeably will in the future require
conforming amendments to be made to the City's Conflict of Interest Code, adopted
and promulgiated pursuant to state law; 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 public
notice and hearings conducted by the Fair Political Practices Commission pursuant
to the Administrative Procedure Act, Government Code Section 11370, et seq.; and
WHEREAS, incorporation by reference of the terms of the aforementioned regu-
lation and amendments to it in the City's Conflict of Interest Code will save this
body time a~d money by minimizing the actions required of this body to keep the
Code in conformity with the Political Reform Act;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that:
1. The terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly
adopted by she Fair Political Practices Commission are hereby incorporated by
reference aid, along with the attached Appendices in which officials and employees
are designased and disclosure categories are set forth, constitutes the Conflict of
Interest Code for the administrative staff of the City of South San Francisco and
for the Redevelopment Agency of the City of South San Francisco.
2. Persons holding designated positions shall file statements of economic
interests required by the Conflict of Interest Code, with the City Clerk, to
whom the City Council delegates the authority to carry out the duties of filing
officer.
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at an adj. regular
meeting he'd on the 16th day of December , 19 87 bY the following vote:
AYES: C~uncilmembers Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teglia,
and Jack Drago
NOES: None
ABSTAIN: N6ne
ABSENT: .C~uncilmember Mark N. Addiego
-2-
DESIGNATED
1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
2.
2.1
2.2
3.
3.1
3.2
4.
4.1
4.2
5.
5.1
6.
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
RESOLUTION NO. 129-87
APPENDIX A
DESIGNATION OF POSITIONS AND
APPLICABLE DISCLOSURE CATEGORIES
FOR THE CITY OF SOUTH SAN FRANCISCO
POSITIONS
Mem)ers of the following:
Boa-ds and Commissions
City Council
Design Review Board
His:oric Preservation Commission
Housing Authority
Lib-ary Board
Parking Place Commission
Planning Commission
Recreation Commission
Cit~ Manager's Office
City Manager
Assistant to the City Manager
City Clerk's Office
City Clerk
DepUty City Clerk
City Attorney's Office
City Attorney
Assistant/Deputy City Attorney
city Treasurer's Office
City Treasurer
Department of Community Development
and~Administration
Plarning Director
Sen:or Planner
AssoCiate Planner
Assistant Planner
Coordinator of Personnel Services
and Employee Development
Personnel Assistant
Coordinator of Labor Relations
Chief Building Inspector
Senior Building Inspector
Building Inspector
Code Enforcement Officer
DISCLOSURE CATEGORY
(See Appendix C for
definition of disclosure
categories)
Form 721
2, 3, 4
1
1
6
3, 4, 6
Form 721
6
Form 721
1
Form 721
Form 721
DESIGNATE[
7.
7.
7.
7.
7.
7.
POSITIONS
De
~artment of Technical and Maintenance Services
)uty City Manager/City Engineer
)erintendent of Water Quality Control Plant
)erintendent of Public Works
Ser or Civil Engineers
Associate Civil Engineers
serior Engineering Technicians
Superintendent of Facilities Maintenance
Serior Construction Inspector
Firance Department
8.1
8.2
8.3
9.
9.1
9.2
9.3
9.4
9.5
10.
10.1
11.
11.1
11.2
12.
Director of Finance
Administrative Services Officer
Accounting Officer
Fi~e Department
Fi~e Chief
AsSistant Fire Chief
Battalion Chiefs including Training Chief
Fire Marshal
Deputy Fire Marshals
Library
Cliqy Librarian
Rec!reation and Community Services
Director of Recreation and Community Services
Rec!reation Services Manager
Police Department
12.
12.
12.
13.
14.
14.
Chief of Police
Cap
Li(
Con
Hou
Exe
tains
utenants
sultants
sing Authority
:utive Director
-2-
DISCLOSURE CATEGORY
3, 5
5
6
6
6
6
6
6
6
5
6
6
6
6
i through 6 as applicable
APPENDIX B
DESIGNATION OF POSITIONS AND
APPLICABLE DISCLOSURE CATEGORIES
FOR THE REDEVELOPMENT AGENCY
DESIGNATED POSITIONS
Pr,oject Area Committee
0
Consultants
DISCLOSURE CATEGORY
2, 3, 4, 6
I through 6 as applicable
IIlfl
As
Bo
APPENDIX C
DISCLOSURE CATEGORIES
APPROPRIATE FORMS
A1 persons holding offices or positions specified in Government Code
Section 87200 shall file FPPC Form 721 for purposes of complying with
the financial disclosure requirements of the Conflict of Interest Code.
A1 other positions and offices designated in Appendices A and B shall
fi e FPPC Form 730 based on the disclosure categories listed below.
DI ~CLOSURE CATEGORIES
- I
CaLegory 1: All investments, sources of income, interests in real
property or business positions in which the designated
employee or official is a director, officer, partner,
trustee, employee or holds any position of management.
Ca~:egory 2: All interests in real property located in the City of
South San Francisco, within two (2) miles of the City
of South San Francisco or within two (2) miles of any
land owned or used by the City of South San Francisco.
Category 3: All investments, interests in real property or sources of income subject to the regulatory, permit or licens-
i ing authority of the department, board or commission,
I or agency.
Cai~egory 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: Investments in, income from and positions held in
m
business entities of the type which, within the past
two (2) years, have contracted with the City of South
San Francisco to provide services, supplies, materials,
machinery or equipment.
Cat~gory 6: Investments in, income from and positions held in
business entities of the type which, within the past
two (2) years, have contracted with the designated
employee's department to provide services, supplies,
materials, machinery and equipment.
Ililli IIII [ ~
ATTACHMENT TO RESOLUTION.NO. 129-87
(Regulations of the Fair Political Practices Commission
___Title 2, DiVision 6 of the California Administrative Code)
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 meaningiof Government Code Section 87307 if the terms of
this regulation are substituted for terms of a Conflict of
Interest Co~e 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 Chapte~ 7 of the Political Reform Act, Government Code
Sections 81~00, ~t 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 ~o other state or local laws pertaining to conflicts
of interest,i
(b)I 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
Ac~ of 1974, regulations of the Fair Political
1 18730
Practices Commission (2 Cal. Adm. Code Sections 18100,
et seq.), and any amendments to the Act or
regulations, are incorporated by reference into this
Conflict of Interest Code.
(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. l_/ Such persons are covered by this Code for
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 18730
disqualification purposes only. With respect to all
other designated employees, the disclosure categories
se~ 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
ha~ 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
in~erests set forth in a designated employee's
disclosure categories are the kinds of financial
in~erests which he or she foreseeably can affect
materially through the conduct of his or her office.
wi~
CO(
(4) Section 4. Statements of Economic
Interests: Place of Filing.
The code reviewing body shall instruct all
designated employees within its code to file
st~tements of economic interests with the agency or
the code reviewing body, as provided by the code
riewing body in the agency's conflict of interest
~e. 2_/
(5)
Section 5.
Interests:
Statements of Economic
Time of Filing.
2_/ See Government Code Section 81010 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 officer.
3 18730
lli~ lllJ [
(A) Initial Statements. Ail designated
employees employed by the agency on the ~ffective
date of this Code, as originally adopted,
promulgated and approved by the code reviewing
body, shall file statements within thirty 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
thirty 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 thirty days after assuming the designated
positions, or if subject t6 State Senate
confirmation, thirty days after being nominated
or appointed.
(C) Annual Statements. All designated
employees shall file statements no later than
April 1.
(D) Leaving Office Statements. Ail 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.
4 18730
(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.
(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.
(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
5 18730
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 property3_/ is required to be reported,4_/ 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_/ For the purpose of disclosure only (not disquali-
fication), 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.
6 18730
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,5_/ 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);
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.
7 18730
Il{f{{ I1{{ { ]
e
if any,
4.
A description of the consideration,
for which the income was received;
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.
(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
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.
8 18730
ma]
of~
re~
ef
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. Disqualification.
No designated employee shall make, participate in
ling, or in any way attempt to use his or her
~icial position to influence the making of any
~ernmental decision which he or she knows or has
~son to know will have a reasonably foreseeable
serial financial effect, distinguishable from its
~ect on the public generally, on:
9 18730
Ili~ Illl I' '~
(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 twelve 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
$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.
10 18730
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
re~ired for the decision to be made. The fact that
th~ vote of a designated employee who is on a voting
bo~y is needed to break a tie does not make his or her
participation legally required for purposes of this
section.
(8.5) Section 8.5. Disqualification of State
Officers and Employees.
In addition to the general disqualification
pr~visions of Section S, no state administrative
official shall make, participate in making, or use his
oriner official position to influence any governmental
de~ision 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
11 18730
IliK lie [ ~ i
(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.
(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 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 autliority;
and in the case of other designated employees, 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
12 18730
section requires the attorney for the agency to issue
anF formal or informal opinion.
(11) Section 11. Violations.
~ This Code has the force and effect of law.
Designated employees violating any provision of this
Co~e are subject to the administrative, criminal and
ci'~il sanctions provided in the Political Reform Act,
Go~Ternment Code Sections 81000 - 91014. In addition,
a ~ecision 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.
(Gov. Code Sections 87300-87302)
History:
(1) New section filed 4/2/80 as an
emergency; effective upon filing.
(2) Editorial correction.
(3) Amendment filed 1/9/81; effective
2/8/81.
(4) Amendment filed 1/26/83; effective
2/25/83.
(5) Amendment filed 11/10/83; effective
12/12/83.
(6) Amendment filed 4/13/87; effective
5/13/87.
Ili~ Ill
13 18730