HomeMy WebLinkAbout7433__CCv0001.pdf RESOLUTION NO. 7433
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AMENDING
THE CITY OF REDLANDS' CONFLICT OF INTEREST CODE PURSUANT TO THE
POLITICAL REFORM ACT OF 1974 AND RESCINDING RESOLUTION NO. 7154
WHEREAS, the Legislature of the State of California enacted the Political Reform Act of
1974, Government 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; and
WHEREAS, the City last amended its Conflict of Interest Code by Resolution No. 7154
on May 1, 2012; and
WHEREAS, the City 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;
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Conflict of Interest Code as set forth in Resolution No. 7154 is hereby rescinded in its entirety
and replaced with the Conflict of Interest Code, attached as Exhibit "1," which is hereby
adopted.
ADOPTED AND APPROVED this 19th day of August, 2014.
*- ��k
Pete Agui ar, Mayor
ATTEST:
JeWne Donaldson, Deputy City Clerk
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1, Jeanne Donaldson, Deputy City Clerk of Redlands, hereby certify that the foregoing
Resolution No, 7433 was duly adopted by the City Council at a regular meeting thereof, held on
the 19`t day of August, 2014,by the following vote:
AYES: Councilmembers Harrison, Foster, Gardner, Gilbreath; Mayor Aguilar
NOES: None
ABSENT: None
ABSTAIN: None
Jeanne Do son, Deputy City Clerk
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EXHIBIT "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: August 19, 2014
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TABLE OF CONTENTS
A. Pumose/Incorporation by Reference
1. Statement of Purpose.................................................................................... 3
2. Incorporation by Reference........................................................................... 3
B. Definition of Terms............................................................................................. 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................................................................................ 9
ADDENDUM
Reference Definitions.........................................................................................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. Purpose/Incorporation 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 Political Reform Act (Government Code section
81000 et seq.) requires state and local government agencies to adopt and proinulgate conflict of
interest codes. The Fair Political Practices Commission has adopted regulations (2 Cal. Code of
Regs. section 18730 et seq.) which contain the terns 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 Commission to
conform to amendments in the Political Reforn Act. Therefore, the provisions of 2 California
Code of Regulations section 18730 et seq., and any amendments to them 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").
Designated employees shall file their statements with the City, which will then make the
statements available for public inspection and reproduction(Govenunent Code section 81008).
Statements for designated employees will be retained by the City.
B. Definition of Terns. 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. Suimnaries 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 tune 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.
3. 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.
4. 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 it 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.
5. 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
and business positions held or received during the period since the last previous statement was
filed.
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(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.
6. Statement for Persons Who Resign 30 Days After Aointment. 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.
7. 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 snake 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
Commission("FPPC"). The City Clerk shall retain the originals of the statements of all other
designated employees.
8. 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 Reporting.
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 in any smatter 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
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Interest Code. The designated employee's good faith compliance with such opinion shall also
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
FINANCE
..... ............. ... .....
Finance Director All Disclosure Categories (1-7)
Assistant Finance Director All Disclosure Categories 1-7
Purchasing Service Manager All Disclosure Categories (1-7)
Revenue Manager Disclosure Categories (1,3-7)
HUMAN RESOURCESXRISK
Human Resources/Risk Management Director Disclosure Cate ories 1,3,5-7
Human Resources Manager Disclosure Categories (1,3,5-7
Risk/Safety Analyst Disclosure Categories 1,3,5-7
DEPT OF.INNOVATION & TECIINOLO;GY..
Chief Innovation Officer Disclosure Categories 1-3, 5-7
CITY CLERK'S.OFFICE
..._.. .... .
City Clerk All Disclosure Categories 1-7
CITY 1GiANAGER'S OFFICE
Emergency Operations Manager All Disclosure Categories 1-7
DEVELOPMENT SERVICES
. ............
Development Services Director All Disclosure Categories 1-7
Assistant Development Services Director All Disclosure Categories (1-7
Economic Development Manager All Disclosure Categories 1-7
Chief Building Official Disclosure Categories (1-3, 5-7
Principal Planner/Project Manager Disclosure Categories 1-3, 5-7
Project Manager I Disclosure Categories 1-3, 5-7
POLICE
Chief of Police All Disclosure Categories 1-7
Police Co>i.7nmander Disclosure Categories (1,3-7)
Police Lieutenant Disclosure Cate ories 1,3,5-7
Oj2erations Manager Disclosure Categories (1-3, 5-7)
MAC,:
Fire Chief All Disclosure Categories 1-7
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DESIGNATED EMPLOYEE'S TITLE OR DISCLOSURE CATEGORIES
FUNCTION ASSIGNED
Fire Marshal All Disclosure Categories (1-7)
Fire Battalion Chief Disclosure Cate ones 1-3, 5-7
liIBRARY
Library Director Disclosure Categories 1-7
Archivist Curator Disclosure Categories (1,3,5-7)
Principal Librarian Disclosure Categories 1,3,5-7
Senior LibrarianDisclosure Categories (1,3,5-7)
MUNICIPAli UTILITLES & ENGINEERING
..............
Director of Municipal Utilities and Public Works All Disclosure Categories (1-7)
Engineering/City Engineer
Deputy Director of Municipal Utilities and All Disclosure Categories (1-7)
Engineering
Wastewater Operations Manager Disclosure Categories (1-3, 5-7)
Water Operations Manager Disclosure Categories 1-3, 5-7
Principal Project Manager Disclosure Categories (1-3, 5-7)
Senior Civil Engineer Asst. Development M Disclosure Categories 1-3, 5-7
Senior Project Manager(Construction Mgr.) Disclosure Categories (1-3, 5-7)
UALITY OF LII+`E
Quality of Life Director All Disclosure Categories (1-7
Field Operations Manager All Disclosure Categories 1-7
Senior Project Manager All Disclosure Categories (1-7)
Sustainability Manager All Disclosure Categories 1-7
co
AWN sONS
._
Historic and Scenic Preservation Commissioners All Disclosure Categories (1,2,3,7)
Consultants
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 determine in writing that a particular consultant, although a "designated position," is hired
to perform 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 salve 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 I- All investments and business positions in, and sources of income from,
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 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.
Category 4: All investments and business positions in, and sources of income from,
business entities that are banking, savings and loan, or other financial institutions.
Category 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 from,
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 investments 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 Governmental Decisions" ...............................................Addendum— 13
6. "Participating in the Making of Governmental Decisions".............Addendum— 13
7. "Financial Interest"........................................................................Addendum— 14
8. "Material Financial Effect"............................................................Addendum— 15
9. 'Business Entity.. ..........................................................................Addendum— 15
10. "City"............................................................................................Addendum— 15
11. "Act...............................................................................................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 commissioners 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. Governinent
Code § 82048.
2. "Member" shall include, but not be limited to, salaried or unsalaried members of
coininittees, boards or commissions with decision making authority.
A. A committee, board or commission possesses decision making authority
whenever:
i. It may make a final governinental decision, or
ii. It inay compel a governmental decision; or it may prevent a governmental
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 snakes substantive recoin mendations 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 commission does not possess decision snaking 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 sumilar 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 participates in
making a governmental 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 Government Code section 87302. 2 CCR § 18701.
4. "Designated Employee" 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 making or participation in the snaking of decisions which may
foreseeably have a material fuiancial 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 smatter;
(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) Determines 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 determination 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. "Participating in the Making of Governmental Decisions": A public official
"participates in making a governmental 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 recommendations 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 1870 1(a)(2)(A); or
(2) Preparing or presenting any report, analysis, or opinion, orally, or it writing,
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). 2 CCR § 18702.2
7. "Financial Interest": A public official has a financial interest it 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 in 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 terns 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 time 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,
IAccIerk\Resolutions\Res 7400-7499\7433 Conflict of Interest Code 2014.doc 14
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 governmental decision on a
financial interest of a public official is material if, at the time the official makes 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, firm, business trust, joint venture, syndicate,
corporation or association. Government Code § 82005.
10. "Act" means the Political Reform Act of 1974, Government Code section 81000 et
seq.
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