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HomeMy WebLinkAboutRES CC 1983 45 1983 1019RESOLUTION NO. 83 -45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA RESOLVE AS FOLLOWS: SECTION 1. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political 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. SECTION 2. The designated employees are the persons in the following positions: DESIGNATED POSITIONS City Attorney City Clerk City Treasurer DISCLOSURE CATEGORY A, B, C, D A, B, C, D A, B, C, D SECTION 3. This code does not establish any disclosure obligation for the members of the City Council, members of the Planning Commission or City Manager as Section 87,200 et sec. of the Government Code, applicable to such officers, requires such disclosure as a matter of state law. SECTION 4. Officers shall file their Statements of Economic Interest with the City Clerk, except that the City Clerk shall file her statement of Economic Interest with the City Manager. Such statements may be filed with the City Clerk or the City Manager as the case may be a single copy as there is no code reviewing body to whom it needs to be forwarded. SECTION 5. Statement 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 statments 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. (C) Annual Statements. All designated employees shall file statements no later than April 30th. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. 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. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business posi- tions held on the date of assuming office. (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. SECTION 7. Manner of Reporting. Manner of reporting statements of economic interest shall be made either on forms prescripted by the Fair Political Practices Commission or forms provided by the City of Moorpark and shall contain the following information: -2- (A) Investment and Real Property Disclosure. When an investment or an interest in real property is required to be reported, the statement shall contain the following: 1. A statement of the nature of the invest - me-.t 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 co-itain: 1. The name and adress 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 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 inter- mediary through which the gift was made; a descrip- tion 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. -3- (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall. contain: 1. The name, address, and a general descrip- tion 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 addressof 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. SECTION 8. Disqualification. 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 pu.Dlic 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); (B) Any real property in which the designated employee has a direct or indirect interest worth more than on;� thousand dollars ($1,000); (C) Any source of income, other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to of =icial 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; or (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management. -4- 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. 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 finan- cial 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 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. 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. SECTION 11. 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 Cdde or of Government Code Section 87100 has occurred may be set aside as void pursuant to Government Code Section 91003. SECTION 12. The City Clerk shall certify to th.: adoption of this Resolution. APPROVED and ADOPTED this //41 day of , 1983 . Y AT'" E T CITY CLERK /� STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPA R K SS. it Doris D. Bankiis , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 83 -45 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 19rh day of October 1983 and that the same was adopted by the ibllowing vote, to wit: AYES: Councilmember Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 19th day of October 19 83 CITY CLERK EAL)