HomeMy WebLinkAboutAGENDA REPORT 1998 1021 CC REG ITEM 11JITEM 11 • 1.
CITE' OF MOORPARK, CALIFORNIA
City Council Meeting
of 1C) 2 -q S
ACTION: R d ovked
AGENDA REPORT 1g p • N o . q - 15 "5
CITY OF MOORPARK
RV• �
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, City Clerk
DATE: October 12, 1998 (CC Meeting of 10/21/98)
SUBJECT: CONSIDER RESOLUTION NO. 98- AMENDING THE CONFLICT OF
INTEREST CODE OF THE CITY OF MOORPARK AND RESCINDING
RESOLUTION NO. 94 -1092
Background and Discussion
The Political Reform Act, Government Code Section 87300, et seq.,
requires every state and local government agency to adopt and
promulgate a Conflict of Interest Code. The City's Conflict of
Interest Code was last amended on December 14, 1994, when the City
Council adopted Resolution No. 94 -1092. Since 1994, staff
positions have been added, deleted, and several position titles
have been revised. In addition, the Fair Political Practices
Commission (FPPC) now recommends that a standard model Conflict of
Interest Code (2 California Code of Regulations Section 18730) be
incorporated by reference.
Attached is a draft resolution which would rescind Resolution No.
94 -1092 and amend the City's Conflict of Interest Code to include
a new list of Designated Employees, Disclosure Categories, and
incorporation by reference of the terms of 2 California Code of
Regulations Section 18730 and any amendments to it duly adopted by
the FPPC. The attached resolution includes City and Redevelopment
Agency Designated Employees, as is permitted by the FPPC.
Staff Recommendation
Adopt Resolution No. 98- , amending the Conflict of Interest
Code of the City of Moorpark and rescinding Resolution No. 94 -1092.
Attachment: Draft Resolution
DST cArn\staffrpts \cc102198coi -res
(Woz 3i1
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING THE CONFLICT
OF INTEREST CODE OF THE CITY OF MOORPARK AND
RESCINDING RESOLUTION NO. 94 -1092
WHEREAS, the Political Reform Act, Government Code Section
87300, et seq., requires every state and local government agency to
adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the Fair Political Practices Commission (FPPC) has
adopted a regulation which contains the terms of a standard model
Conflict of Interest Code (2 California Code of Regulations Section
18730), which can be incorporated by reference, and which may be
amended by the FPPC to conform to amendments in the Political
Reform Act after public notice and hearings conducted by the FPPC
pursuant to the Administrative Procedure Act, Government Code
Sections 11370, et seq.; and
WHEREAS, the City Council has determined that the attached
Appendices A, B, and C accurately set forth the City's Conflict of
Interest Code, those positions which should be designated, and the
categories of financial interests which should be made reportable;
and
WHEREAS, the persons holding the positions listed in Appendix
B are designated employees, because it has been determined that
those positions make or participate in the making of decisions
which may foreseeably have a material effect on financial
interests; and
WHEREAS, the City's Conflict of Interest Code does not
establish any disclosure obligation for the City Councilmembers,
Planning Commissioners, City Manager, City Attorney, and Public
Officials who Manage Public Investments (City Treasurer and Finance
Director and Redevelopment Agency Treasurer), as Government Code
Section 87200 et seq. requires such disclosure as a matter of state
law, nor does the City's Conflict of Interest Code include a
position which is solely clerical, ministerial or manual, or any
unsalaried member of a board or commission which is solely
advisory; and
WHEREAS, the City Council has previously designated positions
and disclosure categories in Resolution No. 94 -1092, which now
needs to be rescinded and an updated Conflict of Interest Code
adopted, and the City Council determines that the attached
Appendices accurately set forth those positions which should be
designated and categories of financial interest which should be
made reportable;
Resolution No. 98-
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The terms of 2 California Code of Regulations
Section 18730 and any amendments to it duly adopted by the FPPC are
hereby incorporated by reference as Appendix C and, along with the
attached Appendices A and B, in which employees, officials, and
consultants are designated and disclosure categories are set forth,
constitute the Conflict of Interest Code for the City of Moorpark.
SECTION 2. Persons holding designated positions shall file a
Statement of Economic Interests pursuant to Section 4 of the
Conflict of Interest Code. The City Clerk shall carry out the
duties of Filing Officer for the City Council, which is the Code
Reviewing Body.
SECTION 3. Resolution No. 94 -1092 is hereby rescinded.
SECTION 4. The City Clerk shall forward a copy of this
resolution to the FPPC.
SECTION S. The City Clerk shall certify to the adoption of
this resolution.
PASSED, APPROVED, AND ADOPTED THIS DAY OF ,
I ••:
ATTEST:
Deborah S. Traffenstedt, City Clerk
Patrick Hunter, Mayor
Resolution No. 98-
Page 3
Designated Positions
APPENDIX A
RESOLUTION NO. 98-
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES
Disclosure Category
1. Administrative Services Department
1. Administrative Services Manager 1
2. Assistant City Manager 1
3. Finance /Accounting Manager 1
4. Management Analyst 1
5. Senior Management Analyst 1
2. City Clerk's Department
000 -253
1.
City Clerk
1
2.
Deputy City Clerk I
2
3.
Deputy City Clerk II
2
4.
Human Resources Analyst
3
3.
City
Manager's Office
1.
Assistant to the City Manager
1
4.
Community Development Department
1.
Assistant Planner
1
2.
Associate Planner
1
3.
Building Official
1*
4.
Code Enforcement Officer I
1
5.
Code Enforcement Officer II
1
6.
Community Development Director
1
7.
Construction Administrator
1*
8.
Planning Manager
1
9.
Principal Planner
1
10.
Senior Building Inspector
1*
11.
Senior Planner
1
5.
Community
Services Department
1.
Community Services Director
1
2.
Maintenance Supervisor
1
3.
Management Analyst
1
4.
Recreation Coordinator I
1
5.
Recreation Coordinator II
1
6.
Recreation Superintendent
1
7.
Senior Center Coordinator
1
8.
Senior Management Analyst
1
6.
Public Works Department
1.
Assistant City Engineer /Senior Engineer
1*
2.
City Engineer
1*
000 -253
Resolution No. 98-
Page 4
Designated Positions
Disclosure Category
3. Civil Engineer 1*
4. Management Analyst 1
5. Public Works Director 1
6. Public Works Supervisor /Inspector 1*
7. Senior Maintenance Worker 1
8. Senior Management Analyst 1
9. Traffic Engineer 1*
7. Redevelopment Agency
1. Redevelopment Agency Counsel 1*
2. Redevelopment Agency Executive Director 1
3. Redevelopment Agency Consultants 1*
4. Redevelopment Manager 1
5. Redevelopment Agency Secretary 1
8. Parks & Recreation Commission Members 1
*
9. Other Designated Consultants 1
The Fair Political Practice Commission Regulation (2 California Code of
Regulations Section 18700) defines "consultant" as an individual who, pursuant
to a contract with a state or local government agency:
(A) Makes a governmental decision whether to:
(i) Approve a rate, rule or regulation;
(ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license,
application, certificate, approval, order or similar
authorization or entitlement;
(iv) Authorize the agency to enter into, modify or renew a contract
provided it is the type of contract which requires agency
approval;
(v) Grant agency approval to a contract which requires agency
approval and in which the agency is a party or to the
specifications for such a contract;
(vi) Grant agency approval to a plan, design, report, study or
similar item;
(vii) Adopt, or grant agency approval of, policies, standards, or
guidelines for the agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity
performs the same or substantially all the same duties for the agency
that would otherwise be performed by an individual holding a position
specified in the agency's Conflict of Interest Code.
Consultants shall be included in the list of designated positions and shall
disclose pursuant to Category 1, subject to the following limitation:
The City Manager may determine in writing 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 Manager'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.
GO" "2
Resolution No. 98-
Page 5
APPENDIX B
CITY OF MOORPARK
RESOLUTION NO. 98-
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES
Category 1
Any investment or interest in real property, any loan, any gift, or any
income in which the "designated employee" or spouse has an interest
within the jurisdiction of the City of Moorpark, as defined in this
Code. Any investments in business entities or income from sources
which provide supplies, equipment or services of the type utilized by
the department or division for which the Designated Employee is
assigned.
*Disclosure by Consultants
Consultants shall be included in the list of designated employees and
shall disclose pursuant to Category 1, subject to the following
limitation:
The City Manager may determine in writing 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 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 Manager'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.
Category 2
Any investment in, or interest from, as defined by the Code, any person
or business entity which provides services, goods or equipment
involving municipal elections, printing services, records management,
or preparation of minutes or transcripts.
Category 3
Any investment in, or income from, as defined by the Code, any person
or business entity which provides services, goods or equipment
involving personnel recruitment, testing, selection or placement.
000236
APPENDIX C
5,.•l OF ,hf
Viz,. -, ,� A►ioi
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C4IIF0NM1' /
FAIR POLITICAL PRACTICES COMMISSION
P.O. Box 807 .-328 J Street • Sacramento. CA 95812 -0807
(9161322 -5660 . Fax (916) 32'_ -0886
July 1998
TO: Interested Persons
FROM: Technical Assistance Division
SUBJECT: Amended Regulation 18730 - Provisions of Conflict of Interest Codes
Attached is a copy of amended Regulation 18730, adopted by the Commission on July 2,
1998, for agencies that have incorporated Regulation 18730 as the body of their conflict of
interest codes. Regulation 18730 was amended to incorporate the following legislative
amendments to the Political Reform Act, as enacted in Chapter 638, Stats. 1997:
• Section 87207 was amended to require officials to disclose the term of each
reportable loan on their statements of economic interests.
• Section 87460 was added to the Act placing a $250 limit on personal loans to
specified public officials from officers, employees, members, or consultants of state
or local agencies of which the public official or his/her agency exercises direction or
control.
• Section 87461 was added to the Act requiring personal loans of $500 or more made to
specified public officials to be made in writing and clearly state the terms of the loan.
• Section 87462 was added to the Act and states that under certain circumstances, a
personal loan that is not repaid or is being repaid below certain amounts may become
a gift to the official who received it.
Agencies that incorporate Regulation 18730 by reference in their conflict of interest
codes are not required to take any action to make this amendment effective. We recommend that
agencies maintain a copy of Regulation 18730 with their conflict of interest codes. Code
reviewing bodies for local government agencies with jurisdiction in one county must forward a
copy of this memo and Regulation 18730 to all agencies within their jurisdictions that have
incorporated Regulation 18730. If you have any questions, please call the Technical Assistance
Division at (916) 322 -5660.
() () () %1
Amend 2 Cal. Code of Regulations Section 18730 as follows:
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
7/3/98 1 18730
000257
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 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.
(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.
7/3/98 2 18730
OC 25�$
body in the agency's conflict of interest code.'
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the
effective date of this code, as originally adopted, promulgated and approved by the code
reviewing body, shall file statements within 30 days after the effective date of this code.
I
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
` 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.
7/3/98 3 18730
(iflfl ?rkl
during he period between appointment and resignation •
g P PP gnation 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 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
7/3/98 4 18730
C0C %V o
property' 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 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,' 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
' 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 51,000 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.
' 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.
7/3/98 5 18730
OOO C1
the gift; and the date on which the gift was received;
r
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:
I
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
° 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.
7/3/98 6 18730
COO: 2
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
I
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 $290 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), (f), and (g) of Government Code Section 89503 shall apply to the
prohibitions in this section.
Man
LAJ 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 loin
from any officer employee member or consultant of the state or local government a Pncv in
which the elected officer holds office or over which the elected officer's agency has direction and
• . • • • 11 • 1 • 11 11 • . 1 •
• • 1 • ._1 • • of • 1 4 of !1 of 1 e Constitution -shall, while
he or 1 e holds office.- • • 1 • ..1 1 • 1W-1 • 11 • • 11 11 • • • 1 -w.1
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No elected officer • or • govemment agency shall, from the date of 1
7/3/98 7 18730
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the elected officer's official status. This subdivision shall not apply to Ims made to a public
official whose duties are solely secretarial. clerical, or manual,
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1. Loans made to the cam i�ri committee of an elected officer or candidate for
elective office.
brother. parent-in-law. brother-in-law- sister-i1 nel2hew. niece. aunt, or
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grandchild. brother. sister. parent-in-law. brother-in-law. sister-in-law- =hew. niece. aunt
uncle. or fi A Cousin, or the spouse of -any sud. Dew-sm
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3. Loans made. or offered in writina. before Januga 1. 19989
L4� Section 8.4. Personal Loans,
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which the creditor. based on reasonable business considerations. has not undertaken-collection
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this paragraph has the b rden of proving that the decision for not taking COILWtion action mras
based on reasonable • •! derations.
L A loan made o a debtor-who has filed-for bankruptcy and the loan is ultimately
ischarged in bankruptcy,
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(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 adirect 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
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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 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
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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 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 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, 89503, Gov. Code
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