HomeMy WebLinkAboutAGENDA REPORT 1990 0418 CC REG ITEM 08FPAUL W. LAWRASON, Jr.
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
BERNARDO M. PEREZ
Councilmember
LILLIAN KELLERMAN
City Clerk
TO:
FROM:
DATE:
SUBJECT:
MOORPARK ITEM BeF
/p PNK 9�i
r
0
\9TE
M E M O R A N D U M
THE HONORABLE CITY COUNCIL
Lillian Kellerman, City Clerk
April 11, 1990
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
CONFLICT OF INTEREST CODE - TECHNICAL CORRECTIONS
The City Attorney has pointed out «, couple of technical corrections
which need to be made to the Cit:y's Conflict of Interest Code,
Resolution No. 90 -636. The City Attorney needs to be removed from
the list of designated positions and listed under Section 3. of the
resolution, which contains a listing of positions covered under
Section 87200 of the Government 'ode requiring disclosure as a
matter of state law. In addition, the City Treasurer, although
appropriately listed under Sectiori 3., should be removed from the
designated positions listing as °isCIOSure for this position is
also required under Section 8720)
Also added under the designated positions are the Management
Analyst, Public Works Director, 'l Finance Director.
Recommendation:
Adopt Resolution No. 90 -;-)- containing the technical corrections
and the additional designated pos�t:ions as indicated above.
OORPARK, CALIFORNIA
city CouyC" A490fing
of �/ 199
ACTION:
a: \41190.1 � eq/
BY
C.�
799 Moorpark Avenue Moorpark, California 93021
_ (805) 529 -6864
RESOLUTION P10. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, AMENDING THE
CONFLICT OF INTEREST CODE OF THE CITY OF
MOORPARK AND RESCINDI:N� RESOLUTION NUMBER
90 -636.
THE CITY COUNCIL OF THE CI` 1 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. Adm. Code Sections
81000 et seq.), and any amendments to the Act or
regulations, are incorporate(: by ,reference into this
Conflict of Interest Code.
SECTION 2. The desi- gnated employees are the
persons in the following positi:,ns:
DESIGNATED POSITIONS
Administrative Assistant
Assistant City Engineer
Associate Planner
Building Official.
City Clerk
City Engineer
Code Enforcement Officer
Deputy City Manager
Director of Community Developmeit
Director of Community Services
Finance Director
Finance Officer
Maintenance & Operations Supervisol
Management Analyst
Parks & Recreation Commission MembE>rs
Public Works Director
Recreation Supervisor
Redevelopment Agency Members
Redevelopment Consultants
Redevelopment Project Area Comm ttee
Members
Senior Planner
Traffic Engineer
DISCLOSURE CATEGORY
1k,
B,
C,
D
A,
B,
C,
D
'%,
B,
C,
D
1,,
B,
C,
D
B,
C,
D
1 ,
B,
C,
D
B,
C,
D
B,
C,
D
B,
C,
D
B,
C,
D
A
B,
C,
D
A,
B,
C,
D
A,
B,
C,
D
B,
C.
D
B,
C,
D
B,
C,
D
B,
C,
D
r5,
B,
C,
D
B,
C,
D
B,
C,
D
B, C, D
c 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, City Manager, City
Attorney, Finance Director or 'city Treasurer as Section
87200 et seq. of the Government Code, applicable to such
officers, requires such disclo: rise as a matter of state
law.
SECTION 4. Officers shall file their Statements
of Economic Interest with the c=ity Clerk, except that the
City Clerk shall file her stat -yment 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 t needs to be forwarded.
SECTION 5. Statemen of Fconomic 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 th,s Code. Thereafter, each
person already in a position when it is designated by an
amendment to this Code shall !i.le an initial statement
within thity days after tlit ef'fe(:.�tive date of the
amendment.
(B) Assuming Office ,,tatement:s. All persons
assuming designated positions after_ the effective date of
this Code shall file statement., within thirty days after
assuming the designated positi :)[s..
(C) Annual Statements. All designated employees
shall file statements no later "IZa.n April 30th.
(D) Leaving Office Statements. All persons who
leave designated positions sha 1 file' statements within
thirty days after leaving off i(.�
SECTION 6. Contents of and Period Covered by
Statements of Economic Interesr._:
(A) Contents of In.it;il statements. Initial
statements shall disclose my reportable income,
investments, interests in re(- property and business
Positions held on the effective Sate of the Code.
(B) Contents of Assuming Office Statements.
Assuming office statements sha.1' disclose any reportable
income, investments, interest. in real property and
business positions held on the cite 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:
(A) Investment and Rea, Property Disclosure. When
an investment or an interest i. -i real property is required
to be reported, the statement :hall contain the following:
1. A statement ri the nature of the
investment or interest
2. The name of ttte ousiness entity in which
each investment is held, and a general description
of the business activ t,,,° in which the business
entity is engaged;
3. The address o� )t,her 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,o.)oa, or exceeds one hundred
thousand dollars ($1oo, ;ioO; .
(B) Personal IncOMG, U,sc- Iosure. When personal
income is required to be rep(: -tej, 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 ($50) or more in
value if the income w,is a gift, and a general
description of the business ac°t.ivity, if any, of
each source;
2. A statement whether the aggregate value
of income from each source, or in the case of a
loan the highest amount )wed to each source was one
thousand dollars ($j, o(,)(, OI- less, greater than one
thousand dollars ($1,(.)�)o), or greater than ten
thousand dollars ($lo,oio)
3. A descriptioi of the consideration, if
any, for which the incolie was received;
4. In the case c 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 w )ic:h the gift was received;
5. In the case of a loan, the annual
interest rate and the ,>CUCity, if any, given for
the loan.
(C) Business Entity ncome Disclosure. When
income of a business entity, ncluding income of a sole
proprietorship, is required tc, ,)e reported, the statement
shall contain:
1. The name, address, and a general
description of the t,,.isiness 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 :`isclosure. 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 (iirector, 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 E +ntity.
For Redevelopment Proje. °t 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. Disqualif.r_cation. No designated
employee shall make, participate in making, or use his or
her official positions to inf�.uerrce the making of any
governmental decision which ✓ill. foreseeably have a
material financial effect, dist,srgui.shable from its effect
on the public generally, on:
(A) Any business entity in which the designated
employee has a direct or ind=irect investment worth more
than one thousand dollars ($1,30);
(B) Any real propert,, in which the designated
employee has a direct or indirE,ct interest worth more than
one thousand dollars ($1,000);
(C) Any source of income, other than loans by a
commercial lending institutior in the regular course of
business on terms available to -he 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 dec Sion is made; or
(D) Any business ent -Irly in which the designated
employee is a director, c�`ficer, partner, trustee,
employee, or holds any positio- of management.
No designated employed shall be prevented from
making or participating in thf:: making of any decision to
the extent his or her participation is legally required for
the decision to be made. Th, fact that the vote of a
designated employee who is on i voting body is needed to
break a tie does not make his r her participation legally
required for purposes of this ction
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 d-terminat :ion not to act must
be accompanied by disclosure of the financial interest. In
the case of a voting body t;h:is determination and
disclosure shall be made Fart of the agency's official
record; in the case of designated employee who is the head
of an agency, this determinati._ :)n and disclosure shall be
made in writing to his or her a}apointing authority; and in
the case of other designated emF_)loyees, this determination
and disclosure shall be made i writ, ICI to the designated
employee's supervisor.
SECTION 10. Assistai,.,e of the Commission and
Counsel. Any designated employee who is unsure of his or
her duties under this Code may ;-- equest:-. assistance from the
Fair Political Practices Commission pursuant to Government
Code Section 83114 or from th attorney for his or her
agency, provided that nothing this -ection requires the
attorney for the agency to i.s If an} formal or informal
opinion.
K
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 "ode Section 91003..
SECTION 12. That �esc::rlut Lon No. 90 -636 is
rescinded.
SECTION 13. The City clerk shall certify to the
adoption of this resolution.
APPROVED and ADOPTED t17s 18th day of April, 1990.
ATTEST:
Lillian E. Kellerman
City Clerk
A: \reso.cic
6
F'aul W. Lawrason Jr., Mayor