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RESOLUTION NO. 399
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 BY REPEALING RESOLUTION 387 IN ITS ENTIRETY AND
REPLACING IT WITH RESOLUTION 399
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 last amended its Conflict of Interest Code by Resolution No.387 on
December 7, 2004; and
WHEREAS, the Agency wishes to update its Conflict of Interest Code and to add to the list
of those designated as employees certain other Agency staff members to make those positions 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 as set forth in Resolution 387 is
hereby repealed in its entirety and replaced with the attached Exhibit "1" which is hereby adopted.
ADOPTED AND APPROVED this 18th day of April, 2006.
Ch an, Redevelopment Agency
Attest:
Secre,
t
1, Lorrie Poyzer, Secretary of the Redevelopment Agency of the City of Redlands, hereby
certify that the foregoing resolution was adopted by the Redevelopment Agency Board of the City of
Redlands at a regular meeting thereof, held on the 18th day of April, 2(146, by the following vote:
AYES: Members Gilbreath, Gil, Gallagher; Chairperson Harrison
NOES: None
ABSTAIN: None
ABSENT: None
Lorri�. oyzer, Secr a
lem?reW
EXHIBIT "1"
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
CONFLICT OF INTEREST CODE
Adopted September 5, 2000
Amended August 7, 2001
Amended July 15, 2003
Amended December 7, 2004
Amended April 18, 2006
TABLE OF CONTENTS
A' Purpose/IncoEporation by Reference
I. Statement ofPurpose ...........................................................................................2
2. Incorporation b»Reference..................................................................................
B. Definition of Ten.ns..................................................................................................2
C. Disclosure
1. Designated Emnlovecs------------------------'-----.3
ZDisclosure Requirements ----------------------------]
3. Statements ufEconomic Interests: Time ofFiling
Sta1cozcmtm;
ContentsThereof.........................................................................................3
Li Manner of Reporting-------------------------------..4
E. Disqualification
--------'--.------.—...--------------.'4
P. Opinions
i Request for Opinion
and Reliance.......................................................................4
2. Evidence ofGood Faith......................................................................................5
G. Legislative or Judicial Amendments—.'------------.--'--'--..—.5
H. Force and Effect of Code ---------------.-------------..5
Exhibit "A" - Designated
' Pouitiooa......................................................................................6
Exhibit "B" - [)isC{oaurc Categories .............................................................................. —.9
ADDENDUM
CONFLICT OF INTEREST CODE
OF THE
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
(Amended April 2006)
A. Purpose/Incorporation by Reference
1. Statement of Puipose. 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, 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 seci.).
2. Incorporation 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.section 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 maybe 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
designating
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, Government Code§ 81008. Statements
for designated employees will be retained by the Agency.
B. Definition of Terms. This 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 Political Reform Act of 1.974 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 is not a part of this Code.The definitions of key terms contained in the Act or the
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regulations are amended and changed from time to time.The summaries of definitions contained in
1.�
the Addendum will be updated accordingly on a periodic basis.
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
of Redlands (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
investments,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 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.
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(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.
(e) Candidates' Statements. Candidates for election to Agency 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 Agency within the
previous 12 months under Subsections (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 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.
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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 g brought under
In
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 under Section 91000 et seg. of the
Act or this Code.
G. Legislative or Judicial Amendments. 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. 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, Government Code section 81000 et seq.
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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 seg.).
DESIGNATED EMPLOYEE'S TITLE OR DISCLOSURE CATEGORIES
FUNCTION ASSIGNED
Administrative Services Director All Disclosure Categories (1-4)
Assistant Agency Attorney All Disclosure Categories (1-4)
Assistant Agency Treasurer All Disclosure Categories (1-4)
Finance Director All Disclosure Categories (1-4)
Assistant Finance Director All Disclosure Categories (1-4)
Accounting Manager All Disclosure Categories (1-4)
Purchasing Administrator All Disclosure Categories (1-4)
Risk Management Technician All Disclosure Categories (1-4)
Agency Secretary All Disclosure Categories (1-4)
Assistant Agency Secretary All Disclosure Categories (1-4)
Chief Building Official All Disclosure Categories (1-4)
Community Development Director All Disclosure Categories (1-4)
Agency Planner All Disclosure Categories (1-4)
Principal Planner All Disclosure Categories (1-4)
Senior Planner All Disclosure Categories (1-4)
Plan Check Examiner All Disclosure Categories (1-4)
Junior/Assistant/Associate Planner(3) All Disclosure Categories (1-4)
DESIGNATED EMPLOYEE'S TITLE OR DISCLOSURE CATEGORIES
FUNCTION ASSIGNED
Senior Special Programs Coordinator All Disclosure Categories (1-4)
Chief of Police All Disclosure Categories (1-4)
Deputy Police Chief All Disclosure Categories (1-4)
Community Services Division Manager(Currently All Disclosure Categories (1-4)
vacant)
Police Captain All Disclosure Categories (1-4)
Eire Chief All Disclosure Categories (1-4)
Deputy Fire Chief All Disclosure Categories (1-4)
Fire Battalion Chief All Disclosure Categories (1-4)
Fire Marshal All Disclosure Categories (1-4)
Assistant Fire Marshal All Disclosure Categories (1-4)
Chief Investigator All Disclosure Categories (1-4)
Library Director All Disclosure Categories (1-4)
Archivist All Disclosure Categories (1-4)
Municipal Utilities Director All Disclosure Categories (1-4)
Chief of Water Resources All Disclosure Categories (1-4)
Solid Waste Manager All Disclosure Categories (1-4)
Public Works Director All Disclosure Categories (1-4)
Assistant Public Works Director All Disclosure Categories (1-4)
Senior Civil Engineer All Disclosure Categories (1-4)
Redevelopment Agency Director All Disclosure Categories (1-4)
Redevelopment Project Manager All Disclosure Categories (1-4)
Commissions
Planning Commissioners All Disclosure Categories (1-4)
Historic and Scenic Preservation Commissioners All Disclosure Categories (1-4)
Project Area commissioners All Disclosure Categories (1-4)
ERC Committee members (staff) All Disclosure Categories (1-4)
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, .:�;
DESIGNATED EMPLOYEE'S TITLE OR DISCLOSURE CATEGORIES
FUNCTION ASSIGNED
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 Agency 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."
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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 to which he or she is assigned (Title 2 CCR§18730).
Category 1: Investments and real property disclosure. When an investment or an interest in real
property is required to be reported,the following information must be provided in the Statement of
Economic Interest: (a)the nature of the investment or interest,(b)the name of the business entity in
which each investment is held, and a general description of the business activity in which the
business entity is engaged, (c) the address or other precise location of the real property, (d) a
statement of whether the fair market value and any investment or interest in real property exceeds
two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred
thousand dollars ($100,000) or exceeds one million dollars ($1,000,000).
Category 2: Personal income disclosure. When personal income is required to be reported, the
following information must be provided in the Statement of Economic Interest: (a) the name and
address of each source of income aggregating five hundred dollars or more in value,or fifty dollars
or more in value if the income was a gift, any general description of the business activity, if any, of
each source; (b) a statement of whether the aggregate value of income from each source, or in the
case of a loan, the greatest amount owed to each source, was one thousand dollars or less, greater
than one thousand dollars, greater than ten thousand dollars, greater than one hundred thousand
dollars; (c) a description of the consideration, if any, for which the income was received; (d)in the
case of a gift, the name, address and business activity of the donor and any intermediary through
which the gift was made; a description of the gift; the amount or value of the gift and the date on
which the gift was received; (e)in the case of a loan,the annual interest rate and the security,if any,
given for the loan and the term of the loan.
Category 3: Business entity income disclosure. When income of a business entity,including income
of a sole proprietorship,is required to be reported,the following information must be provided in the
Statement of Economic Interest: (a) the name, address and a general description of the business
activity of the business entity;(b)the name of every person from whom the business entity received
payments if the filers pro rata share of gross receipts from each such person is equal to or greater
than ten thousand dollars.
Category 4: Business position disclosure. When business positions are required to be reported,the
following information must be provided in the Statement of Economic Interest: (a) the name and
address of each business entity in which he or she is a director,officer,partner,trustee,employee or
in which.he or she holds any position of management; (b)the description of the business activity in
which the business entity is engaged; and(c) title of the person's position with the business entity.
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ADDENDUM
REFERENCE DEFINITIONS
FOR THE
CONFLICT OF INTEREST CODE
OF THE
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
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TABLE OF CONTENTS
DEFINITIONS
[ "Public Official................................................................................. Addendum - 12
2. "Consultant....................................................................................... Addendum - }2
3. "Designated Employee.' ................................................................... Addendum - l3
4. a Governmental Decision"................................................ Addendum - {]
5. "Participating in the Making of Governmental Decisions................ Addendum - 14
6. "Financial Interest............................................................................. Addendum- l4
7. "Material Financial Effect .............................................................. Addendum - l5
8' "Business ----------------.-----.--.. /\ddcnduol- l5
0.. "Agency .--------'.-----------------.---.. Addenduoz - l5
10. "Act................................................................................................... Addendum - l5
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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. Government Code § 82048. (a) (1)
"Member" shall include,but not be limited to, salaried or unsalaried members committees,boards or
commissions with decision-making authority.
(A) A committee,board or commission possesses decision making authority whenever:
i. It may make a final governmental decision, or
ii. It may 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 overriding; 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 designated employee or the Commission. 2 CCR § 18701
(B) A committee,board, or commission 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 decision making authority.
2. "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;
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(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 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
87301 2 CCR § 18701.
3. "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 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. (Gov't Code§ 82019)
4. "Making a Governmental Decision." A public official "makes a governmental
decision,"except as provided in 2 Cal.Code Regs. 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) 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
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5. "Participating in the Making of Governmental Decisions":A public official"participates
in making a governmental decision," except as provided in Title 2,California Code of Regulations
section 18702.4, when, acting within the authority of his or her position,the official:
(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
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 governmental decision referenced in Title 2,California Code
of Regulations, section 18701(a)(2)(A). 2 CCR § 18702.2
6. "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 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 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 time when the decision is made.The amount of
the value of gifts specified by this subdivision shall be adjusted biennially by the commission
to equal the same amount determined by the commission pursuant to subdivision (0 of
Section 89503.
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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, and
dependent children own directly, indirectly, or beneficially a 10-percent interest or greater Gov't
Code § 87103.
7. "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 following factors as defined in Title 2 CCR sections 18705, 18705.1, 18705.2, 18705.3,
18705.4 and 18705.5. 2 CCR § 18705
S. "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.
9. "Agency" means the Redevelopment Agency of the City of Redlands.
10. "Act"means the Political Reform Act of 1974,Government Code section 81000 et se
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