HomeMy WebLinkAbout7870 RESOLUTION NO. 7870
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AMENDING ITS CONFLICT OF INTEREST CODE PURSUANT TO
THE POLITICAL REFORM ACT OF 1974, INCLUDING THOSE CITY DESIGNATED
EMPLOYEES IN THEIR CAPACITY AS STAFF FOR THE SUCCESSOR AGENCY TO THE
FORMER REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS AND
RESCINDING RESOLUTION NO. 7666
WHEREAS, the Legislature of the State of California enacted the Political Reform Act of
1974, Goverm-nent Code section 81000 et seq. (the "Act"), which contains provisions relating to
conflicts of interest which potentially affect all officers, employees, and consultants of the City
of Redlands (the "City"), and requires all public agencies to adopt and promulgate a Conflict of
Interest Code; and
WHEREAS, the City adopted a Conflict of Interest Code pursuant to the Political Reform
Act of 1974 by Resolution No. 3290 on October 5, 1976; and
WHEREAS, the City has amended its Conflict of Interest Code periodically as mandated
by law and as deemed necessary by the City Council of the City(this "City Council"); and
WHEREAS, this City Council last amended its Conflict of Interest Code by Resolution
No. 7666 on December 6, 2016; and
WHEREAS, this City Council wishes to update its Conflict of Interest Code to identify
the current designated City employees and consultants that are subject to the Conflict of Interest
Code; and
WHEREAS, on November 1, 2011, this City Council approved Resolution No. 7089
electing to serve as the successor agency ("Successor Agency") pursuant to AB X1 26 to the
former Redevelopment Agency of the City of Redlands; and
WHEREAS, this City Council, for purposes of carrying out its role as Successor Agency,
has amended the City's Conflict of Interest Code, including those current designated City
employees and consultants serving in the capacity as staff to the Successor Agency, and
consultants, that are subject to the City's Conflict of Interest Code;
NOW; THEREFORE, be it resolved by the City Council of the City of Redlands that the
Conflict of Interest Code as set forth in Resolution No. 7666 is hereby rescinded in its entirety
and replaced with the Conflict of Interest Code, attached as Exhibit "l," which is hereby adopted
for the City of Redlands in its capacity as Successor Agency to the former Redevelopment
Agency of the City of Redlands.
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ADOPTED AND APPROVED this 4th day of September, 201 S.
>
Paul W. Foster, Mayor
ATTEST:
eWi�iie Donaldson, City Clerk
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1, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
Resolution No. 7870 was duty adopted by the City Council at a regular meeting thereof, held on
the 4th day of September, 2018, by the following vote:
AYES: Councilmembers Bafich, Tejeda, Momberger, James, Mayor Foster
NOES: None
ABSENT: None
ABSTAIN: None
Jed,6a6 Donaldson, City Clerk
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EXHIBIT `4
1"
CITY OF REDLANDS AND THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
CONFLICT OF INTEREST CODE
Adopted: October 5, 1976
Last Amended: September 4, 2018
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TABLE OF CONTENTS
A. Purpose/Incorporation by Reference
1. Statement of Purpose .................................................................................... 3
2. Incorporation by Reference................... .................................................. 3
B. Definition of Terins............................................................................................. 3
C. Disclosure Statements
1. Designated Employees......................
............................................................
2. Disclosure Requirements .............................................................................. 4
3. Statements of Economic Interests: Time of Filing Statements;
ContentsThereof.......................................................................................... 4
4. Statement for Persons who Resign 30 Days after Appointment ..................... 4
5. Place of Filing Statements.................... ............................ 4
6. Forms for Statements.................................................................................... 4
D. Manner of Reporting........................................................................................... 5
EDisqualification................................................................................................... 5
F. Opinions of the Commission and Counsel
1. Request for Opinion and Reliance................................................................. 5
2. Evidence of Good Faith ................................................................................ 5
G. Legislative or Judicial Amendments.................................................................... 6
H. Force and Effect of Code..................................................................................... 6
Exhibit "A" - Designated Positions................................................................................. 7
Exhibit `B" - Disclosure Categories.................................................
ADDENDUM
Reference Definitions................................................................I............I...........10
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CONFLICT OF INTEREST CODE
OF THE
CITY OF REDLANDS, AND OF THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
A. PuMose/IncoMoratio.n..by Reference.
1. Statement of Purpose. It is the purpose of this Code to provide for the disclosure of
designated employee assets and income which may be materially affected by such employees'
official actions, and, in appropriate circumstances, to provide that designated employees should
be disqualified from acting in order that conflicts of interest may be avoided. Nothing contained
herein is intended to modify or abridge the provisions of the Political Reform Act of 1974
(Government Code section 81000 et seq.) (the "Act").
2. Incorporation by Reference. The Act requires state and local government agencies to
adopt and promulgate conflict of interest codes. The Fair Political Practices Corninission has
adopted regulations (2 Cal. Code of Regs., section 18730 et seq.) which contain the terms of a
standard conflict of interest code, and which can be incorporated by reference in an agency's
code. After public notice and hearing, the agency's conflict of interest code may be amended by
the Fair Political Practices Conunissiozn to conform to amendments in the Political Reform Act.
Therefore, the provisions of 2 California Code of Regulations section 18730 et seq., and any
amendments to thein duly adopted by the Fair Political Practices Commission, are hereby
incorporated by reference. These regulations, and the attached Appendix designating officials
and employees and establishing disclosure categories, shall constitute the Conflict of Interest
Code of the City of Redlands ("City").
3. Public Availability. Designated employees shall file their statements with the City,
which will then make the statements available for public inspection and reproduction
(Government Code section 81008). Statements for designated employees will be retained by the
City.
B. Definition of Terms. This Conflict of Interest Code contains a number of key terms, such
as "designated employee," "interests in real property within the jurisdiction," "investments in
business entities," "income," and decisions "made" or "participated in" by a designated
employee, which are defined in the Act and the regulations of the Fair Political Practices
Commission (2 Cal. Code of Regs., section 18110 et seq.). These definitions and regulations,
and any amendments to the Act or regulations, are incorporated by reference into this Conflict of
Interest Code. Summaries of certain definitions are contained in the attached Addendum which
is provided for convenience of reference only, and are not a part of this Conflict of Interest Code.
The definitions of key terms contained in the Act or the regulations are amended and changed
from time to time. The summaries of definitions contained in the Addendum will be updated
accordingly on a periodic basis.
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C. Disclosure Statements.
1. Designated Employees. The persons holding positions listed in Exhibit "A" of the
Appendix of this Conflict of Interest Code are "designated employees." It has been determined
that these officers and employees make or participate in the making of decisions which may
foreseeably have a material effect on financial interests.
2. Disclosure Requirements. Each designated employee shall file an annual statement
disclosing interests in real property within the City's jurisdiction, investments in business
entities, business positions held or received during the previous calendar year, and income or
sources of income which might foreseeably be affected materially by the operations of the City.
The City has determined that it is foreseeable that the types of investments, interests in real
property, business positions held or received during the previous calendar year, and income, and
sources of income listed in Exhibit 'B" of the Appendix may be affected materially by decisions
made or participated in by the designated employee by virtue of his or her position, and are
reportable if held by the designated employee.
3. Statements of Economic Interests: Time of Filing Statements; Contents Thereof
(a) Initial Statements. All designated employees employed on the effective date of
this Conflict of Interest Code, as originally adopted, promulgated and approved by the City
Council, shall file statements within thirty (30) days after the effective date of this Conflict of
Interest Code. Thereafter, each person already in a position when it is designated by an
amendment to this Conflict of Interest Code shall file an initial statement within thirty (30) days
after the effective date of the amendment. Initial statements shall disclose any reportable
investments, interests in real property, income and business positions held or received during the
twelve (12) months prior to the effective date of this Conflict of Interest Code.
(b) Assuming Office Statements. All new designated employees who are appointed,
promoted or transferred to a designated position after the effective date of this Conflict of
Interest Code shall file statements within thirty(30) days after assuming the designated position,
disclosing any reportable income, investments, interests in real property and business positions
held or received during the twelve (12) months prior to the date of assuming office.
(c) Annual Statements. Annual statements shall be filed by all designated employees
on or before April 1 of each year, disclosing any reportable investments, interests in real
property, income and business positions held or received in the period since the closing date of
the employee's previously filed statement and December 31.
(d) Leaving Office Statements. Every designated employee who leaves office and
does not assume another designated position for the City shall file a statement within thirty (30)
days after leaving office disclosing any reportable investments, interests in real property, income
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and business positions held or received during the period since the last previous statement was
filed.
(e) Candidates' Statements. Candidates for election to City positions shall file a
statement no later than the final date for filing Declarations of Candidacy, disclosing reportable
investments and interests in real property held on the final date for filing Declarations of
Candidacy. This subsection shall not apply to candidates who filed statements with the City
within the previous twelve (12) months under subsections (a), (b) or(c) of this Section.
4. Statement for Persons who Resign 30 Days after Appointment. Persons who resign
within thirty(30) days of initial appointment are not deemed to have assumed office or left office
provided they did not make or participate in the making of, or use their position to influence any
decision and did not receive or become entitled to receive any form of payment as a result of
their appointment. Such persons shall not file either an assuming or leaving office statement.
5. Place of Filing Statements. All designated employees required to submit a statement
of economic interests shall file the original with the City Clerk. The City Clerk shall make and
retain a copy of all statements filed by members of and candidates for the City Council of the
City of Redlands, the City Manager and City officials who manage public investments, and the
City Attorney, and forward the original of each such statement to the Fair Political Practices
Cominission ("FPPC"). The City Clerk shall retain the originals of the statements of all other
designated employees.
6. Forms for Statements. Forms for filing disclosure statements will be made available
by the City Clerk, and will adhere to the forms prescribed by the FPPC.
D. Manner of Rcportin . The designated employee shall report all economic interests as
required under California Code of Regulations section 18730.
E. Disqualification. Designated employees must disqualify themselves as required pursuant
to California Code of Regulations section 18730 (section 9).
F. Opinions of the Commission and Counsel.
1. Request for Opinion and Reliance. Any designated employee who is unsure of any
duty, right, or privilege of participation inn any matter under this Code or under the provisions of
the Act may request a formal opinion or letter of advice from the FPPC, or an opinion from the
City Attorney, provided that nothing in this Conflict of Interest Code requires the City Attorney
to issue any formal or informal opinion.
2. Evidence of Good Faith. If an opinion or a letter of advice is rendered by the FPPC
stating in full the facts and law upon which the opinion is based, compliance therewith by the
designated employee is evidence of good faith in any criminal proceeding and is a presumption
affecting the burden of proof of any civil proceeding brought under the Act or this Conflict of
Interest Code. The designated employee's good faith compliance with such opinion shall also
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constitute a complete defense to any disciplinary action brought by the authority under section
91000 et seq. of the Act or this Conflict of Interest Code.
G. Legislative or Judicial Amendments. All amendments or changes to the provisions of the
Act, occurring as the result of legislative amendment or judicial decision, shall automatically and
immediately be incorporated into this Conflict of Interest Code and this Conflict of Interest Code
shall, without further action, thereupon be deemed amended and changed to reflect such
legislative or judicial amendment or decision.
H. Force and Effect of Code. This Conflict of Interest Code has the force and effect of law.
Designated employees violating any provision of this Conflict of Interest Code are subject to the
administrative, criminal and civil sanctions provided by the Act.
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EXHIBIT "A"
DESIGNATED POSITIONS
The Mayor, Members of the City Council, Board Members of the Successor Agency, the
City Manager, the Executive Director of the Successor Agency, and other City officials who
manage public investments, and the City Attorney, are included in and governed by this Conflict
of Interest Code only with respect to its disqualification provisions. For purpose of disclosure,
the Mayor, members of the City Council and Board Members of the Successor Agency, Planning
Commissioners, the City Manager, the Executive Director of the Successor Agency, City
Attorney, City Treasurer, and the City officials who make public investments are governed by
the statutory conflicts of interest provisions of Article 2 of Chapter 7 of the Political Reform Act
of 1974 (Government Code section 87200 et seq.).
DESIGNATED EMPLOYEE'S TITLE OR DISCLOSURE CATEGORIES
FUNCTION ASSIGNED
CITY CLERK'S OFFCE`
City Clerk All Disclosure Categories (1-7)
CITY MANAGER'S OFFICE
Assistant to the City Manager ! All Disclosure Categories (1-7)
Emergency Operations Manager All Disclosure Categories (1-7)
Emergency Operations Specialist Disclosure Categories (1,3,5-7)
Purchasing Services Manager All Disclosure Categories (1-7)
Mana einent Analyst Disclosure Categories (1,3,5-7)
Sr. Administrative Analyst Disclosure Categories (1,3,5-7)
DEVELOPMENT SERVICES
Development Services Director All Disclosure Categories (1-7)
Assistant Development Services Director All Disclosure Categories (1-7)
Administrative Analyst Disclosure Categories (1,3,5-7)
Chief Building Official Disclosure Cate ories (1-3,5-7)
Sr. Plans Examiner Disclosure Categories (1-3,5-7)
Plans Examiner Disclosure Categories (1,3,5-7)
Economic Development Manager All Disclosure Categories (1-7)
Project Manager 1/11 All Disclosure Categories (1-7)
City Planner All Disclosure Categories (1-7)
Principal Planner I All Disclosure Categories (1-7)
Senior Planner All Disclosure Categories (1-7)
Junior/Assistant/Associate Planner All Disclosure Categories (1-7)
------------
EIRE
Fire Chief All Disclosure Categories (1-7)
Fire Deputy Chief All Disclosure Categories (1-7)
Fire Battalion Chief j Disclosure Categories (1-3, 5-7)
Fire Marshal All Disclosure Categories (1-7)
Management Analyst All Disclosure Categories (1-7)
EMS Coordinator All Disclosure Categories (1-7)
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DESIGNATED EMPLOYEE'S TITLE OR DISCLOSURE CATEGORIES
FUNCTION ASSIGNED
HUMAN RESOURCES/RISK...' .
Assistant, Director, HR/Risk Management All Disclosures Categories(1-7)
Human Resources Manager All Disclosure Categories (1-7)
Human Resources Analyst/Volunteer Coordinator Disclosure Categories (1,3,5-7)
Occupational Health & Safety Administrator Disclosure Categories (1,3, 5-7)
Risk/Safety Analyst 'I Disclosure Categories (1,3,5-7)
Human Resource Specialist Disclosure Categories (1,3,5-7)
LIBRARY
LibraryDirector All Disclosure Categories gorier (1-7)
Archivist Curator j Disclosure Categories (1,3,5-7)
Principal Librarian Disclosure Categories (1,3,5-7)
Senior Librarian Disclosure Categories (1,3,5-7)
Associate Archivist Disclosure Categories (1,3,5-7) E
Management Analyst Disclosure Categories (1,3,5-7) I
Systems Administrator Disclosure Categories (1,3,5-7)
Adult Literacy Coordinator Disclosure Categories (1,3,5-7)
MANAGEMENT SERVICESIFINANCE
j Director, Management Services/Finance All Disclosure Categories (1-7)
Assistant Finance Director All Disclosure Categories (1-7)
Fiscal Manager All Disclosure Categories (1-7)
Revenue Manager Disclosure Categories (1,3-7)
GIS Supervisor All Disclosure Categories (1-7)
Network Engineer 11 All Disclosure Categories (1-7)
Network Engineer I All Disclosure Categories (1-7)
Database Administrator All Disclosure Categories (1-7)
Systems Administrator All Disclosure Categories (1-7)
GIS Administrator All Disclosure Categories (1-7)
Senior Systems Administrator All Disclosure Categories (1-7)
Systems Administrator All Disclosure Categories (1-7)
MUNICIPAL UTILITIES::::& ENGIlVEERING
Director of Municipal Utilities and Public Works All Disclosure Categories (1-7)
En ineerin City Engineer
Deputy MUED Director/City Engineer All Disclosure Categories (1-7)
One Stop Permit Center Manager All Disclosure Categories (I-7)
j Assistant City Engineer ! All Disclosure Categories (1-7)
Principal Project Manager Disclosure Categories (1-3,5-7)
Project Manager II/ Sr. Project Manager Disclosure Categories (1-3,5-7)
Project Manager Disclosure Categories (1,3,5-7) I
Management Analyst Disclosure Categories (1,3,5-7)
Water Resources Specialist Disclosure Categories (1,3,5-7)
Senior Administrative Analyst Disclosure Categories (1,3,5-7)
Asst/Assoc/Civil/Sr. Civil Engineers Disclosure Categories (1,3,5-7) €
Construction Inspector 1/11 Disclosure Categories (1,3,5-7)
Senior Construction Ins ector Disclosure Categories (1,3,5-7
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DESIGNATED EMPLOYEE'S TITLE OR ' DISCLOSURE CATEGORIES
FUNCTION ASSIGNED
Wastewater Operations Manager j All Disclosure Categories (1-7)
Utilities Operations Manager All Disclosure (1-7)
i Water Production/Maintenance Superintendent Disclosure Categories (1,3,5-7)
Water Distribution Superintendent Disclosure Categories (1,3,5-7)
Water Production Operations Supervisor Disclosure Categories (1,3,5-7)
Water Productions Maintenance Supervisor Disclosure Categories (1,3,5-7)
Water Distribution Supervisor Disclosure Categories (1,3,5-7)
Senior Water Treatment Operator Disclosure Categories (1,3,5-7)
Utilities Maintenance Foreperson Disclosure Categories (1,3,5-7)
Water Quality Technician 1/II I Disclosure Categories (1,3,5-7)
Wastewater Operations Supervisor Disclosure Categories (1,3,5-7)
Laboratory Supervisor Disclosure Categories (1,3,5-7)
Regulatory Compliance Officer Disclosure Categories (1,3,5-7) j
Plant Mechanic I/I1 Disclosure Categories (1,3,5-7)
Wastewater Collection System Supervisor Disclosure Categories (1,3,5-7)
Senior Environmental Compliance Inspector Disclosure Categories (1,3,5-7)
NPDES Inspector I/II Disclosure Categories (1,3,5-7)
POLICE
Chief of Police ' All Disclosure Categories (1-7)
Assistant Chief of Police j All Disclosure Categories (1-7)
Police Lieutenants Disclosure Categories (1,3,5-7)
Police Operations Manager Disclosure Categories (1,3,5-7)
Management Analyst Disclosure Categories (1,3,5-7)
UAITTY 4F LIFE
Quality of Life Director All Disclosure Categories (1-7)
Assistant Quality of Life Director All Disclosure Categories (1-7)
Senior Project Manager All Disclosure Categories (1-7)
Sustainability Mana er All Disclosure Categories (1-7)
Senior Administrative Analyst Disclosure Categories (1,3,5-7)
Field Services Supervisor Disclosure Categories (1,3,5-7)
Project Assistant ! Disclosure Categories (1,3,5-7)
Administrative Technician Disclosure Cate ories (1,3,5-7)
Solid Waste Coordinator Disclosure Categories (1,3,5-7)
Fleet Services Coordinator Disclosure Categories (1,3,5-7)
Field Services Coordinator Disclosure Categories (1,3,5-7)
Cemetery Manager Disclosure Categories (1,3,5-7)
Recreation Services Coordinator Disclosure Categories (1,3,5-7)
Field Services Superintendent Disclosure Categories (1,3,5-7)
Airport Supervisor Disclosure Categories (1,3,5-7)
Senior Building Maintenance Worker Disclosure Cate ories (1,3,5-7)
Building Maintenance Worker Disclosure Categories (1,3,5-7)
Solid Waste Manager Disclosure Categories (1,3,5-7
Senior Solid Waste Truck Driver Disclosure Categories (1,3,5-7)
Field Services Coordinator Disclosure Categories 1,3,5-7
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DESIGNATED EMPLOYEE'S TITLE OR DISCLOSURE CATEGORIES
FUNCTION ASSIGNED
Cemetery Sales and Services Representative Disclosure Categories (1,3,5-7)
Program Specialist Disclosure Categories (1,3,5-7)
COMMISSIONS
Historic and Scenic Preservation Commissioners Disclosure Categories (1,2,3,7)
Library Board of Trustees All Disclosure Categories (1-7)
Consultants
I I
* Consultants, who provide services under contract to fill one of the above-referenced designated
positions, shall be included in the list of designated employees and shall disclose pursuant to the
broadest disclosure category in this Code subject to the following limitation: The City Manager
may detennine in writing that a particular consultant, although a "designated position," is hired
to perfonn a range of duties that are 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.
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EXHIBIT "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities,
sources of income, or real property, which the designated employee must disclose for each
disclosure category for each disclosure category to which he or she is assigned.
Category 1: All investments and business positions in, and sources of income frons,
business entities that do business or own real property within the jurisdiction of the City, plan to
do business or own real property within the jurisdiction of the City within the next year, or have
done business or owned real property within the jurisdiction of the City within the past two (2)
years.
Category 2: All interests in real property which is located in whole or in part within, or
not more than two (2) miles outside, the jurisdiction of the City.
Category 3: All investments and business positions in, and sources of income from,
business entities that are engaged in land development, construction, or the acquisition or sale of
real property within the jurisdiction of the City, plan to engage in such activities within the
jurisdiction of the City within the next year, or have engaged in such activities within the
jurisdiction of the City within the past two (2) years.
Categoa 4: All investments and business positions in, and sources of income from,
business entities that are bankirig, savings and loan, or other financial institutions.
Categoa 5: All investments and business positions in, and sources of income from,
business entities that provide services, supplies, materials, machinery, vehicles or equipment of a
type purchased or leased by the City.
Category 6: All investments and business positions in, and sources of income fi7om,
business entities that provide services, supplies, materials, machinery, vehicles or equipment of a
type purchased or leased by the Designated Employee's Department.
Category 7: All illvest>nents and business positions in, and sources of income from,
business entities subject to the regulatory, permit, or licensing authority of the Designated
Employee's Department, will be subject to such authority within the next year, or have been
subject to such authority within the past two (2) years.
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ADDENDUM
REFERENCE DEFINITIONS
FOR THE
CONFLICT OF INTEREST CODE
OF THE
THE CITY OF REDLANDS
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TABLE OF CONTENTS
DEFINITIONS
1. "Public Official"............................................................................Addendum— 12
2. "Member" .....................................................................................Addendum— 12
3 "Consultant"..................................................................................Addendum— 12
4. "Designated Employee".................................................................Addendum— 13
5. "Making Govenunental Decisions" ...............................................Addendum— 13
6. "Participating in the Making of Govermnental Decisions" .............Addendum---- 13
7. "Financial Interest"............................. ..................................Addendum— 14
8. "Material Financial Effect"............................................................Addendum— 15
9. "Business Entity, ..........................................................................Addendum— 15
10. "City"......................... ............I....................................Addendum— 15
11. "Act".............................. ..............I...............................................Addendum— 15
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DEFINITIONS
1. "Public Official" means every member, officer, employee or consultant of a state or
local government agency, but does not include judges and court coirunissiolners in the Judicial
branch of government. "Public official' also does not include members of the Board of
Governors and designated employees of the State Bar of California, members of the Judicial
Council and members of the Commission on Judicial Performance, provided that they are subject
to the provisions of Article 2.5 (commencing with Section 6035) of Chapter 4 of Division 3 of
the Business and Professions Code as provided in Section 6038 of that article. Goveriument
Code § 82048.
2. "Member" shall include, but not be limited to, salaried or unsalaried members of
committees, boards or commissions with decision making authority.
A. A committee, board or coniinission possesses decision making authority
whenever:
i. It may make a final governmental decision, or
ii. It may compel a governzmental decision; or it may prevent a govenunental
decision either by reason of an exclusive power to initiate the decision or by
reason of a veto that may not be overridden; or
iii. It makes substantive recommendations that are, and over an extended period
of time have been, regularly approved without significant amendment or
modification by a public official or the City Council. 2 CCR § 18701.
B. A committee, board, or comunission does not possess decision making authority
of it is formed for the sole purpose of researching a topic and preparing a report of
recommendation for submission to another governmental body that has final
decision making authority.
3. "Consultant" means 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;
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iv. Authorize the agency to enter into, modify, or renew a contract provided it is
the type of contract that requires agency approval;
v. Grant agency approval to a contract that requires agency approval and to
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 un that capacity participates in
snaking a governinental decision as defined in regulation 18702.2 or 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 under Governinent Code section 87302. 2 CCR § 18701.
4. "Designated Employ" means any official of the Agency whose position is so
designated in the Appendix of the Agency's Conflict of Interest Code. The Appendix sets forth
those positions which entail the snaking or participation in the making of decisions which may
foreseeably have a material financial effect on any financial interest, but does not include any
unsalaried member of any board or commission which serves a solely advisory function.
Government Code § 82019.
5. "Making a Governmental Decision." A public official "makes a governmental
decision," except as provided in 2 California Code of Regulations section 18702.4, when the
official, acting within the authority of his or her office or position:
(1) Votes on a matter;
(2) Appoints a person;
(3) Obligates or commits his or her agency to any course of action;
(4) Enters into any contractual agreement on behalf of his or her agency;
(5) Detennines not to act, within the meaning of subdivisions 1, 2, 3, 4, above, unless
such determination is made because of his or her financial interest. When the detennuiation not
to act occurs because of the official's financial interest, the official's determination may be
accompanied by an oral or written disclosure of the financial interest. 2 CCR § 18702.1
6. "Partici atin in the-_Making._of Governmental Decisions": A public official
"participates in making a govermnental decision," except as provided in Title 2, Code of
Regulations, section 18702.4, when, acting within the authority of his or her position, the
official:
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(a) Negotiates, without significant substantive review, with a governmental entity or
private person regarding a governmental decision referenced in Title 2, California Code of
Regulations, section 18701(a)(2)(A); or
(b) Advises or makes recornnendations to the decision maker either directly or
without significant intervening substantive review, by:
(1) Conducting research or making any investigation which requires the exercise
of judgment on the part of the official and the purpose of which is to influence a governmental
decision referenced in Title 2, California Code of Regulations, section 18701(a)(2)(A); or
(2) Preparing or presenting any report, analysis, or opinion, orally, or in writing,
which requires the exercise of judgment on the part of the official and the purpose of which is to
influence a goverrnnental decision referenced in Title 2, California Code of Regulations, section
18701(a)(2)(A). 2 CCR § 18702.2
7. "Financial Interest": A public official has a financial interest in a decision within the
meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material
financial effect, distinguishable from its effect on the public generally, on the official, a member
of his or her immediate family, or on any of the following:
(a) Any business entity in which the public official has a direct or indirect investment
worth two thousand dollars ($2,000) or more.
(b) Any real property u1 which the public official has a direct or indirect interest
worth two thousand dollars ($2,000) or more.
(c) Any source of income, except gifts or loans by a commercial lending institution
made 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 or promised to,
received by, the public official within 12 months prior to the time when the decision is made.
(d) Any business entity in which the public official 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 two hundred fifty dollars ($250) or more in value provided to, received by, or
promised to the public official within 12 months prior to the tune when the decision is made.
The amount of the value of gifts specified by this subsection shall be adjusted biennially by the
commission to equal the same amount determined by the commission pursuant to subdivision (f)
of Section 89503.
For purposes of this section, indirect investment or interest means any investment or
interest owned by the spouse or dependent child of a public official, by an agent on behalf of a
public official, or by a business entity or trust in which the official, the official's agents, spouse,
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and dependent children own directly, indirectly, or beneficially a 10-percent interest or greater.
Government Code § 87103.
8. "Material Financial Effect" means the financial effect of a govermnental decision on a
fmancial interest of a public official is material if, at the time the official snakes or participates in
making the decision, the decision will have a significant effect on the official or a member of the
official's immediate family, or on the source of income, the source of gifts, the business entity, or
the real property, which is an economic interest of the official. In determining whether it is
reasonably foreseeable that the effects of a governmental decision will be significant,
consideration should be given to the factors defined in Title 2 CCR sections 18705, 18705.1,
18705.2, 18705.3, 18705.4 and 18705.5. 2 CCR § 18705
9. "Business Entity" means any organization or enterprise operated for profit, including
but not limited to a proprietorship, partnership, fine, business trust, joint venture, syndicate,
corporation or association. Goveriunent Code § 82005.
10. "Act" means the Political Reform Act of 1974, Governinent Code section 81000 et
seq.
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