HomeMy WebLinkAboutAGENDA REPORT 2007 0307 CC REG ITEM 10ETO:
FROM:
BY:
DATE:
TrEM 10 • E-
ACTION:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
Deborah S. Traffenstedt, Administrative §ervices Director ':D5T
Maureen Benson, Deputy City Clerk vwV
February 28, 2007 (CC Meeting of 3/7/07)
SUBJECT: Consider Resolution Amending the Conflict of Interest Code of the City of
Moorpark and Rescinding Resolution No. 2006 -2439
DISCUSSION
On February 21, 2007, this item was continued to March 7, 2007, to allow staff to include
additional positions for the City Engineer /Public Works Department.
Refer to the attached staff report from February 21, 2007, for background and staff's
recommendation.
Attachments:
1. Staff Report — February 21, 2007
2. Draft Resolution
3. Title 2, Division 6, California Code of Regulations, Section 18730
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CITY OF MOORPARK, CALIFORNIA
City Council Mooting
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ATTACHMENT 1
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Administrative Services Director
BY: Maureen Benson, Deputy City Clerk
DATE: February 8, 2007 (CC Meeting of 2/21/07)
SUBJECT: Consider Resolution Amending the Conflict of Interest Code of the City of
Moorpark and Rescinding Resolution No. 2006 -2439
BACKGROUND AND DISCUSSION
The Political Reform Act, Government Code Section 87300, et seg., 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 in February 2006, when the City Council adopted
Resolution No. 2006 -2439. Since the time of the last update, new staff positions have been
added, several job titles revised, and the Moorpark Arts Commission formed, requiring
amendment of the City's Conflict of Interest Code.
Attached is a draft resolution which would rescind Resolution No. 2006 -2439 and revise the
City's Conflict of Interest Code to include an updated list of Designated Employees and the
Disclosure Categories, and incorporates by reference the terms of Title 2, Division 6,
California Code of Regulations, Section 18730, and any amendments to it duly adopted by
the Fair Political Practices Commission (FPPC). The attached resolution includes City and
Redevelopment Agency Designated Employees.
The City's Conflict of Interest Code is intended to list all designated positions, even if there is
no current employee with that position title. For example, the City currently does not have a
Deputy City Manager; however, that position is included in the City's Classification and Salary
Plans and is listed in the attached resolution as a designated position. 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 Redevelopment Agency Treasurer), as Government Code
Section 87200, et seq., requires such disclosure as a matter of state law.
STAFF RECOMMENDATION
Adopt Resolution No. 2007-
Attachments:
1. Draft Resolution
2. Title 2, Division 6, California Code of Regulations, Section 18730
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ATTACHMENT 2
RESOLUTION NO. 2007-
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. 2006 - 2162006 -2439
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 (Title 2, Division 6,
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 terms of Title 2, Division 6,
California Code of Regulations, Section 18730, and any amendments to it duly adopted by
the FPPC, along with the attached Appendices A and B, accurately set forth the City's Conflict
of Interest Code, including 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
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. 21636 -231- 662006 -2439, 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
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SECTION 1. The terms of Title 2, Division 6, California Code of Regulations, Section
18730, and any amendments to it duly adopted by the FPPC are hereby incorporated by
reference 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. If any of the positions listed in Appendix A have a
change of title, or if a position is transferred from one City department or office to another, the
filing requirement and disclosure category shall remain the same until the next update of the
City's Conflict of Interest Code.
SECTION 2. Persons holding designated positions shall file a Statement of Economic
Interests pursuant to Section 4 of the Conflict of Interest Code (Title 2, Division 6, California
Code of Regulations, Section 18730). 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. 2005 - 23162006 -2439 is hereby rescinded.
SECTION 4. The City Clerk shall forward a copy of this resolution to the FPPC.
SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 1s' 7th day of February, 20062007.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt City Clerk
Attachment: Appendices A and B
1)001'71
APPENDIX A
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES
Designated Positions
Assistant City Manager
1. Administrative Specialist
1. Deputy City Manager
2. Management Analyst
3. Senior Management Analyst
II. Administrative Services Department
1. Administrative Services Director(City Clerk)
2. Assistant to City Manager /City Clerk
3. Assistant City Clerk
4. Deputy City Clerk 1
5. Deputy City Clerk 11
6. Human Resources Analyst
7. Human Resources Assistant
B. -__ Information Systems Analyst
89. Information Systems Manager
-9. 4*4rfnakF R Sy&tems-SePe sor -- --
10. Information Systems Technician I
11__ Information Systems Technician 11
_ 1 � _ Senior Information Systems Analyst
III. City Engineer /Public Works Department
} . - ASS+:Staeit -
2. Assistant City Engi nee r�Pubk- WarrD+redor
3. Assistant Engineer
4. _ Assistant Engineer
Associate Civil Engneer
:36. Associate Engineer
47. City Engineer /Public Works Director
58. Civil Engineer
9. Inspector
€10. Management Analyst
11. Prince al Engineer
712. Public Works Director
813. Public Works Superintendent
914. Public Works Supervisor
15. _ Senior Civil Engineer _
:01_6. Senior Engineer
1 1 17. Senior Maintenance Worker
1218. Senior Management Analyst
1-31 -9. Traffic Engineer
Disclosure Category
2
2
3
3
4
1
4
4
4
_i
1
1*
1
1*
1*
1
1*
5
1
1*
00011,72
Designated Positions
Disclosure Category
IV. Community Development Department
1.
Administrative Services Manager
1
2.
Assistant Planner 1
1
3.
Assistant Planner II
1
4.
Associate Planner
1
5.
Building Inspector
1*
6.
Building Official
1*
7.
Code Compliance Officer 1
1
8.
Code Compliance Officer II
1
9.
Community Development Director
1
10.
Community Development Technician
1
11.
Construction Administrator
1*
12.
Planning Manager
1
12
Plan+i+ag Tech;*c4aa . __ ..
1
13.
Principal Planner
1
14.
Senior Building Inspector
1*
15.
Senior Management Analyst
1
16.
Senior Planner
1
V. Finance Department
1.
Accountant 1
1
2.
Accountant II
1
3.
Administrative Assistant
4
4.
Budget and Finance Manager
1
5.
Finance Director
1
6.
Finance /Accounting Manager
1
7
Senior Account Technician 1
V1. Parks,
Recreation and Community Services Department
1.
Active Adult Center Coordinator
6
2.
Active Adult Center Supervisor
6
3.
Administrative Specialist
7
4.
Community Services Technician
7
5.
Facilities Technician
5
6.--
Landscape /Parks Maintenance Superintendent
57.
Maintenance Supervisor
5
6'8.
Management Analyst
1
79.
Parks and Facilities Superintendent
1
10.
Parks and Facilities Supervisor
5
1 t
Parks and Landscape Manager
!
_
812.
Parks, Recreation and Community Services Director
1
13
Recreation /Community Services Manager
914.
Recreation Coordinator 1
8
1015.
Recreation Coordinator 11
8
1 t
Recrea6o4i Maniager -
1
16.
Recreation Leader IV
8
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Designated Positions
1217.
Recreation Supervisor
1318.
Senior Maintenance Worker
1419.
Senior Management Analyst
1520.
Vector /Animal Control Specialist
VII. Redevelopment Agency
1. Redevelopment Agency Counsel
2. Redevelopment Agency Consultant
3. Redevelopment Agency Executive Director
4. Redevelopment Agency Secretary
5. Redevelopment Manager
6. Senior Management Analyst
Disclosure Category
8
5
1
9
1*
1*
1
1
1
1
Designated Positions Disclosure Category
VIII_ _ Moorpark /arts Commission Members
ViiIIX. Parks & Recreation Commission Members
IXX. Redevelopment Project Area Advisory Committee Members
XXI_. Assistant City Attorney
Other Designated Consultants
1*
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 I s
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APPENDIX B
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; and 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 human resources and risk management related services, goods or equipment, including
but not limited to recruitment, testing, selection or placement, temporary staffing, and insurance
and other benefit programs.
Catecaory 4
Any investment in, or income from, as defined by the Code, any person or business entity which
provides services, goods or equipment involving purchasing of supplies, equipment, or services,
including but not limited to installation, maintenance or repair of City equipment such as
determination is a public record and shall be retained for public inspection in the same manner and location as this
Conflict of Interest Code.
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telephones, copiers, and computers, and purchasing of City office and computer supplies, software
and equipment.
Category 5
Any investment in, or income from, as defined by the Code, any person or business entity which
provides parks, and-recreation, building construction and maintenance supplies, engineering,
aedor public works mainteRaRse- related services, goods, or equipment, including but not limited to
maintenance of parks, landscaping, City -owned facilities /buildings, streets, and other public right -
of -way.
Category 6
Any investment in, or income from, as defined by the Code, any person or business entity which
provides services, goods, or equipment for seniors, including but not limited to contract instructor
services, and recreation and special event services and supplies.
Category 7
Any investment in, or income from, as defined by the Code, any person or business entity which
provides public transit, solid waste, recycling, or household hazardous waste related services,
goods or equipment, including but not limited to bus and taxi services, solid waste franchise
services, and household hazardous waste cleanup type services.
Category 8
Any investment in, or income from, as defined by the Code, any person or business entity which
provides parks and recreation related services, goods, or equipment, including but not limited to
contract instructor services, recreation and special event services and supplies, playground
equipment, day care and teen event services and supplies.
Category 9
Any investment in, or income from, as defined by the Code, any person or business entity which
provides vector and /or animal control related services, goods, or equipment.
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Callfornia Fair Political Practices Commission -- Regulations of' the Fair Political Practices Commissjon Page I in
Regulations
ATTACHMENT 3
TITLE 2, DIVISION 6, CALIFORNIA CODE OF REGULATIONS
FPPC Home Page
Commission
Agendas
(Back to Regulations of the Fair Political Practices Commission)
_- Interested Persons'
Meet ngs
Amend 2 Cal. Code Regs. section 18730 as follows:
Candidates and
COlnnt!ttees
§ 18730. Provisions of Conflict of Interest Codes.
- Lobby sls
. Restrictions on
Government Officials
(a) Incorporation by reference of the terms of this regulation along with the designation of
At).d Employees
employees and the formulation of disclosure categories in the Appendix referred to below
Ethics Oren atlon for
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
State Officials
meaning of Government Code section 87306 if the terms of this regulation are substituted for
AB 1231 Ethics
terms of a conflict of interest code already in effect. A code so amended or adopted and
Tra n nq for Local
requires the reporting of reportable items In a manner substantially equivalent to the
Official"
requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections
requirements
Conflicts of Interest ,
81000, e!�seq. et seq. The requirements of a conflict of interest code are in addition to other
F :
Form 700 COI Codes
700
requirements of the Political Reform Act, such as the general prohibition against conflicts of
f Form
nt
Interest contained in Government Code section 87100, and to other state or local laws pertaining
Auait Program
to conflicts of interest.
Workshops & Semina-s
L eglslation
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this
L itigat on
regulation are as follows:
- Mailing L sts
. Links
(1) Section 1. Definitions.
. I "P(. Ve"i"I
i.ibralv And Ptjlkcai,ons
The definitions contained in the Political Reform Act of 1974, regulations of the Fat( Political
The Political Reform
Practices Commission (2 Cal. Code of Regs. sections 44400, -ei 9eii 18100, et seq.), and any
Act
amendments to the Act or regulations, are incorporated by reference into this conflict of interest
Regulations of the
code.
Fair Political
Practices
Commission
(2) Section 2. Designated Employees.
Newly Adopted or
Amended
The persons holding positions listed In the Appendix are designated employees It has been
P 9 P PP g
Regulations
Proposed
determined that these persons make or participate in the making of decisions which may
Regulations
foreseeably have a material effect on economic interests.
FPPC Opinions
r FPPC Publications
(3) Section 3. Disclosure Categories.
Advice Summaries
Advice Letters
This code does not establish any disclosure obligation for those designated employees who are
FPPC Resolutions
also specified in Government Code section 87200 if they are designated In this code In that same
Proposition 34
capacity or if the geographical jurisdiction of this agency is the same as or is wholly included
Archive
Internet Political
within the jurisdiction in which those persons must report their economic interests pursuant to
Practices
article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq.
Phase 2
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In addition, this code does not establish any disclosure obligation for any designated employees
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who are designated in a conflict of Interest code for another agency. If all of the following apply
.- Contacting the FPPC
(A) The geographical jurisdiction of this agency is the same as or is wholly Included within the
00011
California Fair Political Practices Commission -- Regulations of the Fair Political Practices Commission Page 2 of
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
economic interests are reportable. Such a designated employee shall disclose in his or her
statement of economic interests those economic 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 economic interests set forth in a designated employee's disclosure categories
are the kinds of economic 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 body in the agency's conflict of interest code. 2
(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. 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 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.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
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California Fair Political Practices Commission -- Regulations of the Fair Political Practices Commission Page 3 of
(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, or
for a board or commission member subject to Government Code section 87302.6, the day after
the closing date of the most recent statement filed by the member pursuant to 2 Cal. Code Regs
section 18754.
(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 property3 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 equals
or exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one
hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000)
(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 five hundred dollars ($500) 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), greater than ten thousand dollars ($10,000), or greater than one
hundred thousand dollars ($100,000);
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California Fair Political Practices Commission -- Regulations of the Fair Political Practices Commission Page 4 of
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 and the
term of 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 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 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
related lodging and subsistence authorized by Government Code section 89506.
(8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of 6969 $390.
(A) No member of a state board or commission, and no designated employee of a slate or local
government agency, shall accept gifts with a total value of more than 6368 $390 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.
(8.2) Section 8.2. Loans to Public Officials
(A) 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 loan from any
officer, employee, member, or consultant of the state or local government agency in which the
elected officer holds office or over which the elected officer's agency has direction and control.
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California Fair Political Practices Commission -- Regulations of the Fair Political Practice Ccnnmission Pai;c S of
(B) No public official who is exempt from the state civil service system pursuant to subdivisions
(c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds
office, receive a personal loan from any officer, employee, member, or consultant of the state or
local government agency in which the public official holds office or over which the public official's
agency has direction and control. This subdivision shall not apply to loans made to a public official
whose duties are solely secretarial, clerical, or manual.
(C) 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 loan from any
person who has a contract with the state or local government agency to which that elected officer
has been elected or over which that elected officer's agency has direction and control. This
subdivision shall not apply to loans made by banks or other financial institutions or to any
indebtedness created as part of a retail installment or credit card transaction, if the loan is made
or the indebtedness created in the lender's regular course of business on terms available to
members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions
(c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds
office, receive a personal loan from any person who has a contract with the state or local
government agency to which that elected officer has been elected or over which that elected
officer's agency has direction and control. This subdivision shall not apply to loans made by
banks or other financial institutions or to any indebtedness created as part of a retail installment
or credit card transaction, if the loan is made or the indebtedness created in the lender's regular
course of business on terms available to members of the public without regard to the elected
officer's official status. This subdivision shall not apply to loans made to a public official whose
duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister,
parent -in -law, brother -in -law, sister -in -law, nephew, niece, aunt, uncle. or first cousin, or the
spouse of any such persons, provided that the person making the loan is not acting as an agent
or intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any
given time.
4. Loans made, or offered in writing, before January 1. 1998.
(8 3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency
shall, from the date of his or her election to office through the date he or she vacates office.
receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing
and clearly states the terms of the loan, including the parties to the loan agreement, date of the
loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan
and the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild.
brother, sister, parent -in -law, brother -in -law, sister -in -law, nephew, niece, aunt, uncle, or first
cousin, or the spouse of any such person, provided that the person making the loan is not acting
as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1. 1998.
u00 :161
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Calil'ornia Fair Political Practice Commission -- Regulations of the Fair Political Practices Commission Pagc 0 of
(C) Nothing in this section shall exempt any person from any other provision of Title 9 of the
Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee
shall become a gift to the designated employee for the purposes of this section in the following
circumstances:
1 If the loan has a defined date or dates for repayment, when the statute of limitations for filing an
action for default has expired
2 If the loan has no defined date or dates for repayment, when one year has elapsed from the
later of the following
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($100) or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less than two
hundred fifty dollars ($250) during the previous 12 months.
(B) This section shall not apply to the following types of loans
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the
creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A). but on which the
creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this
paragraph has the burden of proving that the decision for not taking collection action was based
on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in
bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the
Government Code.
(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 two thousand dollars ($2,000) or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth two
thousand dollars ($2,000) 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 five hundred dollars ($500) or more in value provided to, received by
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California Fair Political Practices Commission -- Regulations of the Fair Political Practices COMMiSS1011 Pane: 7 of
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 $ago $390
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
(81,000) or more.
(10) Section 10. Disclosure of Disqualifying Interest.
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 may be
accompanied by disclosure of the disqualifying interest.
(1 1) 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 and 2 Cal. Code Regs. sections 18329 and 18329.5 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 - 91014. 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 cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300
87302. 89501, 89502 and 89503, Government Code.
(Ju01LLi
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California Fair Political Practice,, (commission -- Regulation` of the Fair Political Practices Commission Pagc 8 of
' 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.
2See Government Code section 81010 and 2 Cal. Code of Regs section 181 15 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.
3For the purpose of disclosure only (not disqualification), an interest in real property does not
include the principal residence of the filer.
4Investments and interests in real property which have a fair market value of less than $2,000 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.
SA 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.
'Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and
the filers 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
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