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HomeMy WebLinkAboutRES CC 1994 1092 1994 1214RESOLUTION NO. 94-1092 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 NUMBER 94 -1013. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Section 18100, et seq.) and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. SECTION 2. The persons holding positions listed below 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. DESIGNATED POSITIONS Administrative Assistant Administrative Services Manager Assistant to the City Manager Assistant City Engineer Associate Planner Building Official City Clerk City Engineer Code Enforcement Officer Consultant* Deputy City Manager Director of Community Development Director of Community Services Finance Director Finance Officer Maintenance & Operations Supervisor Management Analyst Parks & Recreation Commission Members Public Works Director Recreation Supervisor Redevelopment Agency Counsel Redevelopment Agency Executive Director DISCLOSURE CATEGORY A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D A, B, C, D Redevelopment Agency /Economic A, B, C, D Development Manager Redevelopment Agency Secretary A, B, C, D Redevelopment Consultants A, B, C, D Redevelopment Project Area Advisory A, B, C, D Committee Members Senior Coordinator A, B, C, D Senior Planner A, B, C, D Traffic Engineer A, B, C, D Officials Who Manage Public investments: It has been determined that the positions listed below manage public investments and will file the Form 721 statement of economic interests: City Treasurer Agency Treasurer *Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The (chief executive officer) 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 (chief executive officer's) determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. SECTION 3. This code does not establish any disclosure obligation for the members of the City Council, members of the Planning Commission, City Manager, City Attorney, Finance Director or City Treasurer as Section 87200 et seq. of the Government Code, applicable to such officers, requires such disclosure as a matter of state law. SECTION 4. Officers, as defined in the Political Reform Act, 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 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. E (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 1. (D) Leaving Office Statements. All persons who leave designated positions shall file Leaving Office Statements within thirty days after leaving office. SECTION 5.1 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 during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. 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. 3 (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. (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. SECTION 7. Manner of Reporting. Manner of reporting Statements of Economic Interest 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 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 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 H 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 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, the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($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. 5 For Redevelopment Project Area Committee members, investments in business entities and sources of income and interests in real property are reportable only if they are located within the Redevelopment Project Area they represent, or within 300 feet of the Redevelopment Project Area. 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 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 more than one thousand dollars ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth more than one thousand dollars ($1,000) or more; (C) Any source of income, other than gifts and other 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. (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. SECTION 8.1. 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. 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 2 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 Fair Political Practices Commission and City Attorney. 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 provision of this Code or of Government Code Section 87100 has occurred may be set aside as void pursuant to Government Code Section 91003. SECTION 12. That Resolution No. 94 -1013 is rescinded. SECTION 13. The City Clerk shall certify to the adoption of this resolution. APPROVED and ADOPTED this 14th day of December, 1994. Paul W. La rason Jr.,? ayor ATTEST: c: \wp51 \typing \cic 7 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805 ) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 94 -1092 was adopted by the City Council of the City of Moorpark at a meeting held on the 14th day of DECEMBER , 1994, and that the same was adopted by the following vote: AYES: COUNCILMEMBER HUNTER, MONTGOMERY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER PEREZ ABSTAIN: NONE WITNESS my hand and the official seal of said City this 15th day of DECEMBER 1994. � �� � � 1; 5 �' -//�' � ---' Tian E. Hare City Clerk PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Concilmember Printed on Recycied ?=___