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HomeMy WebLinkAbout387 RDA_CCv0001.pdf RESOLUTION NO. 387 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 360 IN ITS ENTIRETY AND REPLACING IT WITH RESOLUTION 387 WHEREAS, the Legislature of the State of California has enacted the Political Reform Act of 1974, Government Code Section 81000 et. s (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. 360 on July 15, 2003; 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Agency of the City of Redlands that the Conflict of Interest Code as set forth in Resolution 360 is hereby repealed in its entirety and replaced with the attached Exhibit "A" which is hereby adopted. ADOPTED AND APPROVED this 7th day of December, 2004. Chat man, RedevelopmAeAgency Attest: Secrary f7 Iem\reso\Reso Conflict of Interest Agency,wpd I, Lorrie Poyzer, Secretary of the Redevelopment Agency of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the Redevelopment Agency at a regular meeting thereof held on the 7th December, 2004, by the following vote: AYES: Members Gil, Gilbreath, George, Harrison; Mayor Peppler NOES: None ABSENT: None ABSTAIN: None Lorrie Pfizer, Secret Redevelopment Age )`� I, 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 December, 2004, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Lorrie Poyzer, Secretary lennreso\Reso Conflict of Interest Agency.wpd 2 EXHIBIT "A" CITY OF REDLANDS REDEVELOPMENT AGENCY CONFLICT OF INTEREST CODE Adopted September 5, 2000 Amended August 7, 2001 Amended July 15, 2003 December 7, 2004 fenArescoReso Conflict of Interest Agency.wpd TABLE OF CONTENTS A. Purpose/Incorporation by Reference 1. Statement of Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . — 2 2. Incorporation by Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .) 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. Leizislative 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. Len-Areso\Reso Conflict of Interest Agency.wpd CONFLICT OF INTEREST CODE OF THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS (Amended December, 2004) 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 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. sea.). 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. 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 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 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 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 1974. and the regulations of the Fair Political. Practices Commission (2 Cal.Code of Regs Section 18100 et.sea.).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. ]emVesoTeso C;ontliet of Interest;lgenc}.v pd C. Disclosure Statements 1. Designated Employee . The persons holding positions listed in Exhibit "A" of the Appendix of this Cade 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,investmentsin 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 piling 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 Cede 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. lemVeso#Reso Conflict of Interest Agency.u;pd 3 (e) Candidates'Statements. Candidates for election to Redevelopment positions shall file a statement no later than the final date for filingDeclarations of Candidacy,disclosing reportable 1 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 acomplete defense to any disciplinary action brought by the authority under Section 91003 of the Act or this Code. lei n\re.so\Reso Conflict of Interest Agencywpd 4 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. ten*esoUteso Conflict of Interest Agency,wpd 5 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. sea.). 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 Maria ement Technician All Disclosure Categories (1-4) Agency Secretary All Disclosure Categories (1-4) Deputyy 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) 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 All Disclosure Categories (1-4) (Currently vacant) Police Captain All Disclosure Categories (1-4) Fire 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 temlteso\Reso Conflict of Interest Agency_wpd 6 DESIGNATED EMPLOYEE'S TITLE OR DISCLOSURE CATEGORIES FUNCTION ASSIGNED Assistant Fire Marshal All Disclosure Categories (1-4) Chief Investigator All Disclosure Categories (1-4) Library Director 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) Commissions Planning Commissioners All Disclosure Categories (1-4) Historic and Scenic Preservation Commissioners All Disclosure Categories (1-4) Business and Economic Development Advisory All Disclosure Categories (1-4) Commissioners Project Area commissioners All Disclosure Categories (1-4) ERC Committee members (staff) All Disclosure Categories (1-4) 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." JeidkresolReso Conflict of Interest Agency ispd 7 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 CC&R §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. 1ern\reso\Reso Conflict of Interest A�encywpd 8 ADDENDUM REFERENCE DEFINITIONS FOR THE CONFLICT OF INTEREST CODE OF THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS leni\resokRe,,o Conflict of Interest Agency.wpd 9 TABLE OF CONTENTS DEFINITIONS I "Public Official" . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . Addendum - 11 2. "Consultant" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum - 11 3. "Designated Employee" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum - 11 4. "Making Governmental Decisions" . . . . . . . . . . . . . . . . I . . . . . . . Addendum - 12 5. "Participating in the Making of Governmental Decisions" . . . . . . Addendum - 12 6. "Financial Interest" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum - 12 7. "Material Financial Effect" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum - 13 8- "Business Entity" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . — Addendum - 13 9.. "Agency.. . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum - 13 10. "Act" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Addendum - 13 Jem\reso\Reso Conflict of Interest Agency.wpd Addendum-10 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 Beard 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 aro 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. (Gov't Code § 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 whichare, 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" means an individual who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whether to: (1) Approve a rate, rule or regulation; (2) Adopt or enforce a law, (3) Issue,deny,suspend,or revoke any permit,license,application,certificate,approval, order, or similar authorization or entitlement; (4) Authorize the agency to enter into,modify,or renew a contract provided it is the type of contract that requires agency approval; (5)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; (6) Grant agency approval to a plan, design, report, study,or similar item,; (7) 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 aposition specified in the agency's Conflict of interest Code under Government Code section 87302. 3. "Designated Employee" means any official of the City whose position is so designated in the Appendix of the City'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 lemVesoTeso Conflict of Interest Agency.wpd Addendum-I I material financial effect on any financial interest,but does not include any unsalaried member afany board or commission which serves a solely advisory function. (Gov't Cotte §S201 9) 4. "Making a Governmental Recision" means a public official makes a governmental decision except as provided in 2.Cal.Code Regs;Section 18702.4, when tate official,acting within the authority of his or her office car positio tt: g4ees ion a matter,, (2) Appoints a person; (3) lbltga es or comms s his or her agency,to any course of action;;, (4) Bfiliks into any contractual agreernent;pn behalf 61'. ..s or her agency, (5) termines not:to act, wttlttn the tneantng of subdivastcizts 1, 24, al3ove, attless such determna Yon is nadc t ecattse of has or iter financial interest:`When the determination nbt to act occurs because of the official's financial interest, the official's deterrrtinatian n�iay be accompanied by an ural or written disclosure of the financial interest (Reg. 18702.1):. 5. "Participating in the Making ofGovernmental Deci ions'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 pe 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 -), 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 nalations, section 18701(a)(2)(A) (Reg. 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,`distinguashahle fr6ffi its effect on the p bb ` eneraliy,oft the 61104 , 4fid nber Of his or hei`trrtn daate faaxtaly,or on any of the foElowan - (a)An:y business entity to A tch.th Vuli} c offs sal has a dt W Or.mi irect noes ent worth . two thOmand d�+llars($2,OCl�)or more (b}Awry real property in which the public official has'a dared or indirect in eanst�vr rtli two thousand lollars($ , )oaf rrtore. ( }Any;staurce pf tnc+ t ,except gifts or loam by a cc+zartrnexcaal lehcltng institution rrtade to the regular course of nisiness on terms tuailable to sloe puolic without regard to official Status, aggregating five hundred dollsrs($ +l)0)or more in value provided or promised to,received by,the public official within 1 months prior to ilia time when the decision is matte, lemkesoWeso Conflict of Interest Agency.wpil Addendum-12 (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 (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, 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 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"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. (Gov't 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.seq. leniVesoTeso Conflict of Interest Agencywpd Addendum-13