HomeMy WebLinkAbout332 RDA_CCv0001.pdf RESOLUTION NO. 332
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS AMENDING THE
CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM
ACT OF 1974
WHEREAS,the Legislature of the State of California has 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
Redevelopment Agency of the City of Redlands(the "Agency"), and requires all public agencies to
adopt and promulgate a Conflict of Interest Code; and
WHEREAS,the Agency adopted a Conflict of Interest Code pursuant to the Political Reform
Act of 1974 by Resolution No. 306 on September 5, 2000; and
WHEREAS, the Agency wishes to add to the list of those designated as employees the
Assistant Finance Director to make the position subject to said Conflict of Interest Code; and
NOW, THEREFORE,BE IT RESOLVED by the Board of Directors of the Redevelopment
Agency of the City of Redlands that the Conflict of Interest Code attached hereto as Exhibit "A" is
hereby adopted as amended.
ADOPTED AND APPROVED this 7th day of August, 2001.
Chairman, Redevelopment Agency
Attest:
Seer ary
1ADMIRDA Res 332
1, Lorrie Poyzer, Secretary of the Redevelopment Agency of the City of Redlands, hereby
certifies that the foregoing resolution was adopted by the Redevelopment Agency Board of the City
of Redlands at a regular meeting thereof,held on the 7th day of August,2001,by the following vote:
AYES: Members George, Freedman, Peppler, Haws;
Chairman Gilbreath
NOES: None
ABSTAIN: None
ABSENT: None
`0�rypoyzer, si�Kjy
1:J)JM\RDA Res 332
EXHIBIT "A"
RESOLUTION NO. 332
CITY OF REDLANDS REDEVELOPMENT AGENCY
CONFLICT OF INTEREST CODE
Adopted September 5, 2000
Amended August 7, 2001
1:\DJN, l',Rl)A Res 3
TABLE OF CONTENTS
A. Pup2ose/Incorporation by Reference
1. Statement of Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Incorporation by Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. Definition of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
C. Disclosure Statements
1. Designated Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Disclosure Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3. Statements of Economic Interests: Time of Filing Statements;
Contents Thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
D. Manner of Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
E. Disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
F. Opinions of the Commission and Counsel
1. Request for Opinion and Reliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2. Evidence of Good Faith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
G. Legislative or Judicial Amendments
1. Automatic Amendment of Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
H. Force and Effect of Code
1. Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Exhibit "A" - Designated Positions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1
Exhibit "B" - Disclosure Categories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1
ADDENDUM
Reference Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum-1
I I-',IDJM\RDA Res 332
CONFLICT OF INTEREST CODE
OF THE
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
(Amended July, 2001)
A. Purpose/Incorporation by Reference
1. Statement of Purpose. It is the purpose of this Code to provide for the disclosure of
designated employees'assets and income which may be materially affected by their official actions,
and,in appropriate circumstances,to provide that designated employees should be disqualified from
acting
g 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.).
2. IncoMoration by Reference. The Political Reform Act requires state and local
government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices
Commission has adopted a regulation(2 Cal. Code of Regs. Sec. 18730)which contains 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 it may be amended by the Fair Political Practices Commission
to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code
of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices
Commission are hereby incorporated by reference. This regulation and the attached Appendix
designing officials and employees and establishing disclosure categories,shall constitute the Conflict
of Interest Code of the Redevelopment Agency of the City of Redlands ("Agency").
Designated employees shall file their statements with the Agency which will make the
statements available for public inspection and reproduction. (Gov.Code Section 81008)Statements
for all designated employees will be retained by the Agency.
B. Definition of Terms. This Code contains a number of key tern-is, 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 Political Reform Act of 1974 and the regulations of the Fair Political Practices Commission
(2 Cal.Code of Regs Section 181.00 et. 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 is not a part of this 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 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 annual statements
disclosing interests in real property within the 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 Redevelopment Agency of the City
(Agency). The Agency 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
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.Initial statements shall disclose any reportable invest-
ments, interests in real property, income and business positions held or received during the 12
months prior to the effective date of this 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 Code shall file
statements within 30 days after assuming the designated position,disclosing any reportable income,
investments,interests in real property and business positions held or received during the 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 I 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 Redevelopment Agency shall file a statement within
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 Redevelopment 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 said final date for filing Declarations of Candidacy.
This Subsection shall not apply to candidates who filed statements with the Redevelopment within
the previous 12 months under Sections (A), (B) or (C) of this Section.
(f) Statement for Persons Who Resign 30 Days After Appointment. Persons who
resign within 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.
(g) 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 the Redevelopment Agency, the Agency Executive
Director and city officials who manage public investments, and the Agency 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.
(h) Forms for Statements. Forms for filing disclosure statements will be supplied by
the City Clerk, and will adhere to the form prescribed by the Fair Political Practices Commission.
D. Manner of Reporting. The designated employee shall report all economic interests as
required under the Code of Regulations section 18730.
E. Disqualification. Designated employees must disqualify themselves as required pursuant to
Code of Regulations section 18730(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 matter under this Code or under the provisions of the
Political Reform Act of 1974 may request a formal opinion or letter of advice from the Fair Political
Practices Commission or an opinion from the Agency Attorney,provided that nothing in this Section
requires the Agency 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 Fair
Political Practices Commission 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 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 91003
of the Act or this Code.
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G. Legislative or Judicial Amendments
Automatic Amendment of Code.All amendments or changes to the provisions of the Political
Reform Act of 1974, occurring as the result of legislative amendment or judicial decision, shall
automatically and immediately be incorporated into this Code and this 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
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 by the
Political Reform Act of 1974.
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EXHIBIT "A"
DESIGNATED POSITIONS
The Chairman of the Board of Directors of the Redevelopment Agency("Agency"),Members
of the Redevelopment Agency, the Agency Executive Director,Agency Attorney,and other Agency
officials who manage public investments are included in and governed by the Conflict of Interest
Code only with respect to its disqualification provisions. For purpose of disclosure, the Chairman
of the Board of Directors of the Redevelopment Agency, Members of the Board of the Agency,the
Agency Director, Agency Attorney, Agency Treasurer, and the Agency 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. secl.).
DESIGNATED EMPLOYEE'S DISCLOSURE CATEGORIES ASSIGNED
TITLE OR FUNCTION
Assistant Attorney All Disclosure Categories (1-7)
Assistant Finance Director All Disclosure Categories (1-7)
Chief of Police All Disclosure Categories (1-7)
Chief of Water Resources All Disclosure Categories (1-7)
City Planner All Disclosure Categories (1-7)
Community Development Director All Disclosure Categories (1-7)
Community Services Division Manager All Disclosure Categories (1-7)
Consultants * All Disclosure Categories (1-7)
Deputy Fire Chief All Disclosure Categories (1-7)
Deputy Police Chief All Disclosure Categories (1-7)
Finance Director All Disclosure Categories (1-7)
Fire Chief All Disclosure Categories (1-7)
Library Director All Disclosure Categories (1-7)
Municipal Utilities Director All Disclosure Categories (1-7)
Police Captain All Disclosure Categories (1-7)
Public Works Director All Disclosure Categories (1-7)
Redevelopment Advisory Commissioners All Disclosure Categories (1-7)
Secretary All Disclosure Categories (1-7)
Treasurer's Assistant All Disclosure Categories (1-7)
C:"D,INI\-,RDA Res 332 A-1
* 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 Executive Director
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 Agency Executive Director'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."
1:'11DJM`RDA Res 332 A-2
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 to which he or she is assigned.
Category 1: All investments and management positions in, and sources of income from,
all business entities that do business or own real property in the Redevelopment Agency boundaries
of the City, plan to do business or own real property in the Redevelopment Agency boundaries of
the City within the next year or have done business or owned real property within the jurisdiction
of the Redevelopment Agency districts of the City within the past two years.
Category 2: All interest in real property which is located in whole or in part within, or not
more than two (2)miles outside, the jurisdiction of the Redevelopment Agency for the City.
Category3: All investments and management 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 years.
Category 4: All investments in, and sources of income from, business entities that are
engaged in land development, construction or the acquisition or sale of real Property in the Agency
boundaries,plan to engage in such activities in the Redevelopment Agency boundaries for the City
within the next year or have engaged in such activities in the Redevelopment Agency boundaries for
the City within the past two years.
Category 5: All investments and management positions in, and sources of income from,
business entities that are banking, savings and loan or other financial institutions.
Category 6: All investments and management positions in, and sources of income from,
business entities that provide services, supplies, materials, machinery or equipment of a type
purchased or leased by the Agency for the City.
Category7: All investments and management positions in, and sources of income from,
business entities that provide services, supplies, materials, machinery or equipment of a type used
or administered by the Designated Employee's Department,
1ADMAZDA Res 332 B'I
ADDENDUM
REFERENCE DEFINITIONS
FOR THE
CONFLICT OF INTEREST CODE
OF THE
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
]:'.I)JM\RI)A Res 332 B-2
TABLE OF CONTENTS
DEFINITIONS
I. "Public Official.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum - 2
7. "Consultant.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum - 7
3. "Designated " . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . Addendum - 2
4. "Making Decisions.. . . . . . . . . . . . . . . . . . . . . . . . . . Addendum - 2
5. "Participating in the Making of Governmental DeciSiOoGo . . . . . . . Addendum - 3
6. "Financial Interest.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum - 4
7. "Material Financial Effect" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum~ 4
8.. "Business Entity" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum ' 4
Q.. "Agency" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum- 4
10. "Act' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum- 4
/:\oow\moARes Bz Awueuwuur3
DEFINITIONS
1. "Public Official": 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.(82048)(a)"Official" shall include,but
not be limited to, salaried or unsalaried members of boards or commissions with decision-making
authority. A board or commission possesses decision-making authority whenever:
a. It may make a final governmental decision, or
b. It may compel a governmental decision, or
c. It makes substantive recommendations which are, and over an extended period of
time have been,regularly approved without significant amendment or modification by a designated
employee or the Commission. [Reg. 18700(a)]
2. "Consultant"shall include any natural person who provides,under contract, information,
advice,recommendation or counsel to the Agency. But"consultant" shall not include a person who:
a. Conducts research and arrives at conclusions with respect to his or her rendition of
information, advice, recommendation or counsel independent of the control and direction of the
Agency or of any official, other than normal contract monitoring; and
b. Possesses no authority with respect to any decision of the Agency beyond the
rendition of information, advice,recommendation or counsel. [Reg. 18700(a)] 2.
3. "Designated Employee"": Any official of the Redevelopment Agency whose position is
so designated in the Appendix of the Redevelopment Agency's Conflict of Interest Code. The
Appendix sets forth those positions which entail the making 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. (82019)
4. "Makin Governmental Decisions":An official"makes governmental decisions," except
as provided in Definition 4(b)(1) herein, when he, acting within the authority of his office:
a. Votes on a matter;
b. Appoints a person;
I 1\1MMAZDA Res 332 Addendum-4
c. Obligates or commits the Agency to any course of action;
d. Enters into any contractual agreement on behalf of the Agency;
e. Determines not to act, within the meaning of subparagraphs (a), (b), (c), and (d),
unless such determination is made because of his financial interest. When the determination not to
act occurs because of his financial interest, the official's determination must be accompanied by
disclosure of the financial interest, made part of the Agency's official record or made in writing to
the official's supervisor, appointing power or any other person specified in the Agency's Conflict of
Interest Code. [Reg. 18700(b)]
5. "Participating in the Makiny, of Governmental Decisions":
a. An official "participates in the making of a goverinnental decision", except as
provided in subsection (b) of this definition, when he, acting within the authority of his office:
(i) Negotiates,without significant substantive review,with a governmental entity
or private person regarding the decision;
(ii)Advises or makes recommendations to the decision-maker,either directly or
without significant intervening substantive review, by:
(iii)Conducting research or investigations which require the exercise ofludgment
4:�
by the official, the results of which will be made available to others for the purpose of attempting
to influence the decision; or
(iv) Preparing or presenting any report, analysis, or opinion which requires the
exercise of judgment by the official,which is made available to others for the purpose of attempting
to influence the decision.
b. Making or participating in the making of a governmental decision shall not include:
(i)Actions of officials which are solely ministerial,secretarial,manual or clerical;
(ii)Appearances by a public official as a member of the general public before the
Agency in the course of its prescribed governmental function to represent himself on matters related
solely to his personal interests; or
(iii)Actions by public officials,employees,or employee representatives relating
to their compensation or the terms or conditions of their employment or contract. [Reg. 18700(c)]
6. "Financial Interest":An official has a financial interest in a decision if it is reasonably fore-
seeable that the decision will have a material financial effect, distinguishable from its effect on the
1:\DJM\RDA Res 332 Addendum-5
public generally, or on the official or a member of his or her immediate family and as defined in
Government Code section 87103 et. seq. and Code of Regulations section 18703.5 et. seq.
7. "Material Financial Effect":
a. 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 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 following factors as
defined in Title 2 CCR sections 18705, 18705.1, 18705.2, 18705.3, 18705.4, and 18705.5. (Reg.
18706)
8, "Business Entity": Any organization or enterprise operated for profit, including but not
limited to a proprietorship,partnership,firm,business trust,joint venture, syndicate,corporation or
association. (82005)
9. "Agency": Redevelopment Agency for the City of Redlands.
10. "Act " means the Political Reform Act of 1974, Government Code Section 81000 et.
sec.
I:IDJMIRDA Res 332 Addendum-6