HomeMy WebLinkAbout94-105 CC ResolutionRESOLUTION NO. 94-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING AN AMENDED CONFLICT OF
INTEREST CODE
WltEREAS, the City Council of the City of Temecula has previously adopted a Conflict
of Interest Code to apply to certain officers and employees of the City; and
WHEREAS, the City Council of the City of Temecula desires to adopt an Amended
Conflict of Interest Code;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the Amended Conflict of Interest Code, attached hereto as Exhibit A, is
hereby adopted as the Conflict of Interest Code for the City of Temecula.
Section 2. The previously adopted Conflict of Interest Code for the City of Temecula is
of no further force and effect.
Section 3. The City Clerk shall certify the adoption of this resolution.
APPROVED AND ADOPTEl), this 15th day of November, 1994.
ATTEST:
Ron Roberts, Mayor
Juhe.8'.--'Greek, City Clerk
[SEAL]
Re~s9~l~ I
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing
Resolution No. 94-105 was duly adopted at a regular meeting of the City Council of the City of
Temecula on the 15th day of November, 1994 by the following roll call vote:
AYES: 5
COUNCILMEMBERS:
Birdsall, Mufioz, Parks, Stone,
Roberts
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
~~'~. Greek, ~ity Clerk-)
Resos 94-105 2
CONFLICT OF INTEREST CODE
OF THE
CITY OF TEMECULA
SECTION 1. Purpose. Pursuant to the provisions of Government Code Sections 87300,
et ~eq., the City of Temecula (hereinafter referred to as "CityD hereby adopts the following
Conflict of Interest Code. The provisions of this Code are in addition to those contained in Title
9, Chapter 7 of the Government Code (Section 87100 _el seq.). Except as otherwise indicated,
the definitions contained in Title 9, Chapter 2 of the Government Code (Section 8200 et seq.)
are incorporated herein and apply to this Code. It is the purpose of this Code to provide for the
disclosure of assets and income of designated employees 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.
SECTION 2. Designated Positions. The positions listed in Exhibit ~A* are designated
positions. Officers and employees holding those positions are designated employees and are
deemed to make or particit~ate in the making of decisions which may foreseably have a material
effect on a financial interest.
SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or
more of the disclosure categories set forth in Exhibit "B". Each designated employee or official
shall file an annual statement disclosing that employee's or official's interest in investments,
business positions, interests in real property and source of income designated as reportable under
the category to which the employee's or official's position is assigned in Exhibit "B".
SECTION 4. Place and Time of Filing.
A. All designated employees or officials required to submit a statement of
financial interests, (FPPC Form No. 730), shall file the original with the City Clerk's office.
B. The City Clerk's office shall make and retain a copy of the statement.
C. A designated employee or official required to submit an initial statement
of financial interest, (FPPC Form No. 730), shall submit the statement within 30 days after the
effective date of this Code, disclosing interests held including investments, business positions,
and interests in real property on the effective date of this Code, and income received during the
twelve (12) months prior to the effective date of this Code.
D. All persons appointed, promoted, or transferred to designated positions
shall file initial statements not more than 30 days after assuming office.
E. The first statement of financial interests fried by a designated employee
shall disclose the designated employee's reportable investments, business positions, and interests
,_AX2:109244.4
in real property as those investments, positions, and interests in real property exist as of the
effective date of this Code or the date the designated employee assumed office, whichever is
later, and income received during the preceding twelve (12) months.
F. Annual statements shall be filed by April l, of each year by all designated
employees. Such statements shall disclose reportable investments, business positions, interests
in real property, and income held or received at any time during the previous calendar year or
since the designated employee took office if during the calendar year.
G. A designated employee required to file a statement of financial interest with
any other agency which is within the same territorial jurisdiction and whose disclosure
requirements are comparable may comply with the provisions of this Code by filing a duplicate
copy of the statement filed with the other agency, in lieu of an entirely separate statement.
H. Every designated employee who leaves office shall file, within 30 days of
leaving office, a statement disclosing reportable investments, business positions, interests in real
property, and income held or received at any time during the period between the closing date
of the last statement required to be filed and the date of leaving office.
I. A designated employee who resigns his or her position within 30 days
twelve (12) months following initial appointment or within thirty (30) days of the date of a notice
mailed by the filing officer of the individual's filing obligation, whichever is earlier, is not
deemed to assume or leave office, provided that during the period between appointment and
resignation the individual does not make, participate in making, or use the position to influence
any decision of the City or receive or become entitled to receive any form of payment by virtue.
of being appointed to the position. Within thirty (30) days of the date of a notice mailed by the
filing officer, the individual shall do both of the following:
1. File a written resignation with the appointing power.
2. File a written statement with the filing officer on a form prescribed
by the commission and signed under penalty of perjury stating that the individual, during the
period between appointment and resignation, did not make, participate in the making or use the
position to influence any decision of the agency or receive, or become entitled to receive, any
form of payment by virtue of being appointed to the position.
SECTION 5. Contents of Disclosure Statements. Disclosure statements shall be made
on forms supplied by the City Clerk's Office, (FPPC Form No. 730), and shall contain the
following information:
A. Contents of Investment and Real Property Reports. When an investment
or an interest in real property is required to be disclosed, the statement shall contain:
1. A statement of the nature of the investment or interest;
LAX2:109244.4 2
2. 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;
3. The address or other precise location of the real property;
4. A statement indicating whether the fair market value of the
investment or interest in real property equals or exceeds one thousand dollars ($1,000) but does
not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand ($10,000) but does
not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hundred
thousand dollars ($100,000). For purposes of this Code, "interest in real property" does not
include the principle residence of the designated employee or any other property which the
designated employee utilizes exclusively as the employee's personal residence.
5. For purposes of this subdivision (a) of Section 5, "interest in real
property" does not include the principal residence of the filer or any other property which
utilizes exclusively as the personal residence of the filer.
B. Contents of Personal Income Reports: When personal income~ is required
to be disclosed under this Code or pursuant to the Political Reform Act, the statement shall
contain:
1. The name and address of each source of income aggregating two
hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the
income was a gift, and a general description of the business activity, if any, of each source;
2. A statement indicating whether the aggregated value of income from
each source, or, in the case of a loan, the highest amount owed to each source, was at least two
hundred fifty dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was
in excess of one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000),
or whether it was greater than ten thousand dollars ($10,000);
received;
A description of the consideration, if any, for which the income was
4. 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 and the date on which the gift was received;
"Income" is defined in Title 9, Chapter 2 of the Government Code (section 82030). That
definition is attached hereto as Exhibit "C."
· .,.X2:109244.4 3
o
any, given for the loan.
In the case of a loan, the annual interest rate and the security, if
C. Contents of Business Entity Reports. When the designated employee's pro
rata share of income to a business entity, including income to a sole proprietorship, is required
to be reported, the statement shall contain:
1. The name, address, and a general description of the business
activity of the business entity;
2. The name of every person from whom the business entity received
payments if the designated employee's pro rata share of gross receipts from such person was
equal to or greater than ten thousand dollars ($10,000) during a calendar year;
3. Income of a business entity is required to be reported only if the
direct, indirect, or beneficial interest of the designated employee and his or her spouse in the
business entity aggregates a 10 percent or greater interest. In addition, for purposes of
subparagraphs 2 and 3 of this subsection, the disclosure of persons who are clients or customers
of a business entity is reqfiired only if it is reasonably foreseeable that the client or customer
may be materially affected by the decisions of the designated employee.
4. When a payment, including an advance or reimbursement for travel
is required to be reported pursuant to Co) and (c) of this Section 5, it may be reported on a
separate travel reimbursement schedule which shall be included in the ffier's statement of
economic interest. A filer who chooses not to use the travel schedule shall disclose payments
for travel as a gift, unless it is clear from all surrounding circumstances that the services
provided were equal to or greater in value than the payments for the travel, in which case the
travel may be reported as income.
D. Contents of Business Position Disclosure. When business positions are
required to be reported, the designated employee shall list 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; a description of the business entity in which the business is
engaged, and the designated employee's position with the business entity.
E. Acquisition or Disposal During a Calendar Year. If any otherwise
reportable investment or interest in real property was partially or wholly acquired or disposed
of during the period covered by the statement, the statement shall contain the date of acquisition
or disposal.
SECTION 6. Disqualification. Designated employees shall disqualify themselves from
making, participating in the making of, or in any way using their official position to influence
a governmental decision when it is reasonably foreseeable that the decision will have a material
financial affect distinguishable from its effect on the public generally, on the designated
~'~2:109244.4
employee, or a member of his or her immediate family, or on:
A. Any business entity in which the designated employee has a direct or
indirect investment worth one thousand dollars ($1,000) or more;
B. Any real property in which the designated employee has a direct or indirect
interest worth one thousand dollars ($1,000) or more;
C. Any source of income, other than gifts and other than loans by a
commercial lending institution in the regular course of business on terms available to the public
without regard to official status, aggregating two hundred fifty dollars ($250) or more in value
provided to, received by or promised to the designated employee within twelve (12) months prior
to the t/me when the decision is made;
D. Any business entity in which the designated employee is a director, officer,
partner, trustee, employee, or holds any position of management; or
E. Any .donor of, or any intermediary of 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 designated employee within twelve (12) months prior to the time when the
decision is made.
For purposes of this section, indirect investment or interest means any investment
or interest owned by the spouse or dependent child of a designated employee, by an agent on
behalf of a designated employee, or by a business entity or trust in which the designated
employee, the designated employee's agent, spouse, and dependent children own directly,
indirectly, or beneficially a ten percent (10%) interest or greater.
No designated employee shall be required to disqualify himself or herself with
respect to any matter which could not legally be acted upon or decided without his or her
participation. A designated employee required to disqualify himself or herself shall notify the
City Manager and the City Clerk in writing, and the City Clerk shall record the person's
disqualification.
Violations. Pursuant to Government Code Section 87300, this Code "shall have the force
of law" and any violation of any provision of this Code shall be punishable in accordance with
Government Code Section 91000 to 91015 and include criminal and civil sanctions, as well as
discipline within the City's Personnel System.
LAX2:109244.4 5
SECTION 7. EXH1BIT "A"
Designated City of Temecula Employees
and Disclosure Categories
The following positions entail the making or participation in the making of decisions
which may foreseeably have a material effect on financial interests:
Designated Position Disclosure Categories
Assistant City Manager ......................................... 1
Building Official ............................................. 1
Chief of Police .............................................. 1
Chief Accountant ............................................ 1
City Clerk ................................................. 1
City Engineer/Director of Public Works ............................... 1
Consultant~-/ ................................................ !
Principal Engineer ............................................ 1
Exempt Officials3/ ............................................ 0
2/
Consultants shall be included in the list of designated employees and shall disclose all of
the information required to be disclosed by designated employees subject to the following
limitation:
The City Manager or his or her designee may determine in writing that a particular
consultant, although a "designated position," is hired to perform a range of duties that
is limited in scope and thus is not required to fully comply with the disclosure
requirement described in this Section. Such written disclosure shall include a description
and based upon that description, a statement of the extent of disclosure requirements.
The City Manager's determination is a public record and shall be retained for public
inspection in the same manner and location as this Conflict of Interest Code.
The Mayor, City Council, Members of the Planning Commission, City Manager, City
Attorney, City Treasurer, and Director of Finance are all required to file disclosure
statements pursuant to state law and thus are not included herein.
~x2:1092~4.4 6
Director of Community Services ................................... 1
Financial Services Administator .................................... 1
Fire Chief ................................................. 1
Maintenance Superintendent ...................................... 1
Planning Director ............................................ 1
Recreation Superintendent ....................................... 1
Senior Accountant ............................................ 1
Senior Building Inspector ........................................ 1
Senior Management Analyst ...................................... 1
Traffic Engineer ............................................. 1
Senior Planner .............................................. 1
Members of all City Commissions,
Boards, and Committees Not
Otherwise Required to File
Conflict of Interest Statements ..................................... 1
J.AX2:109244.4 7
SECTION 8. EXHIBIT "B"
Categories of Reportable Economic Interests
Designated Persons in Category "1" Must Report:
All investments, interests in real property, income, and any business entity in which the
person is a director, officer, panner, trustee, employee, or holds any position of management.
These financial interests are reportable only if located within and subject to the jurisdiction of
the City, or if the business entity is doing business or planning to do business in an area subject
to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of
the City at any time during the two years prior to the filing of the statement.
Designated Persons in Category "2" Must Report:
ho
City.
All Investments in real property located within or subject to the jurisdiction of the
B. Investments in any business entity which within the last two years has contracted
or in the future foreseeably may contract with the City.
Income from any source which within the last two years has contracted or in the
foreseeably may contract with the City.
D. His or Her status as a director, officer, panner, trustee, employee, or holder of
a position of management in any business entity which within the last two years has
contracted or in the future foreseeably may contract with the City.
Designated persons in Category "3" must report:
A. Investments and business positions in, and income from business entities located
in, doing business in, or planning to do business in the redevelopment project area and all
interests in real property located within two miles of the redevelopment project area.
~. ~X2:109244.4 8
EXHIBIT "C"
82030. Income. A. "Income" means, except as provided in subdivision Co), a payment
received, including but not limited to any salary, wage, advance, dividend, interest, rent,
proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or
payment of indebtedness received by the filer, reimbursement for expenses, per diem, or
contribution to an insurance or pension program paid by any person other than an employer, and
including any community property interest in the income of a spouse. Income also includes an
outstanding loan. Income of an individual also includes a pro rata share of any income of any
business entity or trust in which the individual or spouse owns, directly, indirectly or
beneficially, a 10-percent interest or greater. "Income" other than a gift, does not include
income received from any source outside the jurisdiction and not doing business within the
jurisdiction, not planning to do business within the jurisdiction, or not having done business
within the jurisdiction during the two years prior to the time any statement or other action is
required under this title.
B. "Income" also does not include:
1. Campaign contributions required to be reported under Chapter 4
(commending with Section 84100).
2. Salary and reimbursement for expenses or per diem received from a state,
local, or federal government agency and reimbursement for travel expenses and per diem
received from a bona fide educational, academic, or charitable organization.
3. Any devise or inheritance.
4. Interest, dividends, or premiums on a time or demand deposit in a financial
institution, shares in a credit union or any insurance policy, payments received under any
insurance policy, or any bond or other debt instrument issued by any government or government
agency.
5. Dividends, interest, or any other return on a security which is registered with
the 'Securities and Exchange Commission of the United States Government or a commodity
future registered with the Commodity Futures Trading Commission of the United States
Government, except proceeds from the sale of these securities and commodities futures.
6. Redemption of a mutual fund.
7. Alimony or child support payments.
8. Any loan or loans from a commercial lending institution which are made in
the lenders' regular course of business on terms available to members of the public without
regard to official status if:
_~X2:109244.4 9
A. Used to purchase, refinance the purchase of, or for improvements
to, the principal residence of filer; or
B. The balance owed does not exceed ten thousand dollars ($10,000).
9. Any loan from an individual's spouse, child, parent, grandparent, grandchild,
brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first
cousin, or the spouse of any such person, provided that a loan from any such person shall be
considered income if the lender is acting as an agent or intermediary for any person not covered
by this paragraph.
10. Any indebtness created as part of a retail installment or credit card
transaction if made in the lender's regular course of business on terms available to members of
the public without regard to official status, so long as the balance owed to the creditor does not
exceed ten thousand dollars ($10,000).
11. Payments received under a defined benefit pension plan qualified under
Internal Revenue Code Seetion 401(a).
12. Proceeds from the sale of securities registered with the securities and
Exchange Commission of the United States Government or from the sale of commodities futures
registered with the Commodity Futures Trading Commission of the United States Government
if the filer sells the securities or the commodities futures on a stock or commodities exchange
and does no know or have reason to know the identity of the purchaser.
L.~2:109244.4 10
CONFLICT OF INTEREST CODE
OF THE
CITY OF TEMECULA
SECTION 1. Purpose. Pursuant to the provisions of Government Code Sections 87300,
et ~eq., the City of Temecula (hereinafter referred to as "City") hereby adopts the following
Conflict of Interest Code. The provisions of this Code are in addition to those contained in Title
9, Chapter 7 of the Government Code (Section 87100 et sea_.). Except as otherwise indicated,
the definitions contained in Title 9, Chapter 2 of the Government Code (Section 8200 et seq.)
are incorporated herein and apply to this Code. It is the purpose of this Code to provide for the
disclosure of assets and income of designated employees 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.
SECTION 2. Designated Positions. The positions listed in Exhibit "A" are designated
positions. Officers and employees holding those positions are designated employees and are
deemed to make or participate in the making of decisions which may foreseably have a material
effect on a financial interest.
SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or
more of the disclosure categories set forth in Exhibit "B". Each designated employee or official
shall file an annual statement disclosing that employee's or official's interest in investments,
business positions, interests in real property and source of income designated as reportable under
the category to which the employee's or official's position is assigned in Exhibit "B".
SECTION 4. Place and Time of Filing.
A. All designated employees or officials required to submit a statement of
financial interests, (FPPC Form No. 730), shall file the original with the City Clerk's office.
B. The City Clerk's office shall make and retain a copy of the statement.
C. A designated employee or official required to submit an initial statement
of financial interest, (FPPC Form No. 730), shall submit the statement within 30 days after the
effective date of this Code, disclosing interests held including investments, business positions,
and interests in real property on the effective date of this Code, and income received during the
twelve (12) months prior to the effective date of this Code.
D. All persons appointed, promoted, or transferred to designated positions
shall file initial statements not more than 30 days after assuming office.
E. The first statement of financial interests fried by a designated employee
shall disclose the designated employee's reportable investments, business positions, and interests
109244.3
in real property as those investments, positions, and interests in real property exist as of the
effective date of this Code or the date the designated employee assumed office, whichever is
later, and income received during the preceding twelve (12) months.
F. Annual statements shall be filed by April 1, of each year by all designated
employees. Such statements shall disclose reportable investments, business positions, interests
in real property, and income held or received at any time during the previous calendar year or
since the designated employee took office if during the calendar year.
G. A designated employee required to file a statement of financial interest with
any other agency which is within the same territorial jurisdiction and whose disclosure
requirements are comparable may comply with the provisions of this Code by filing a duplicate
copy of the statement filed with the other agency, in lieu of an entirely separate statement.
H. Every designated employee who leaves office shall file, within 30 days of
leaving office, a statement disclosing reportable investments, business positions, interests in real
property, and income held or received at any time during the period between the closing date
of the last statement required to be filed and the date of leaving office.
I. A designated employee who resigns his or her position within
twelve (12) months following initial appointment or within thirty (30) days of the date of a notice
mailed by the filint, officer of the individual's filing obligation. whichever is earlier, is not
deemed to assume or leave office, provided that during the period between appointment and
resignation the individual does not make, participate in making, or use the position to influence
any decision of the City or receive or become entitled to receive any form of payment by virtue
of being appointed to the position. Within thirty (30) days of the date of a notice mailed by the
filin~, officer. the individual shall do both of the following:
File a written resignation with the avvointing vower.
2_. File a written statement with the filing officer on a form orescribed
by the commission and si~,ned under ~naltv of ~eriurv stafin~ that the individual. durine the
~riod between avrx)intment and resignation. did not make. varticivate in the maldn~ or use the
t~osition to influence any decision of the a~encv or receive. or become entitled to receive. any
form of vavment bv virtue of bein~ avvointed to the ~x)sition.
SECTION 5. Contents of Disclosure Statements. Disclosure statements shall be made
on forms supplied by the City Clerk's Office, (FPPC Form No. 730), and shall contain the
following information:
A. Contents of Investment and Real Property Reports. When an investment
or an interest in real property is required to be disclosed, the statement shall contain:
1. A statement of the nature of the investment or interest;
La~'~2:109244.3 2
2. 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;
3. The address or other precise location of the real property;
4. A statement indicating whether the fair market value of the
investment or interest in real property equals or exceeds one thousand dollars ($1,000) but does
not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand ($10,000) but does
not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hundred
thousand dollars ($100,000). For purposes of this Code, "interest in real property" does not
include the principle residence of the designated employee or any other property which the
designated employee utilizes exclusively as the employee's personal residence.
5__=. For t)urt)oses of this subdivision (a) of Section 5. "interest in real
~ro~ertv" does not include the t~rinciDal residence of the filer or any other ~rot)ertv which
utilizes exclusiveIv as the ~rsonal residence of the filer.
B. Contents of Personal Income Reports: When personal incomet is required
to be disclosed under this Code or pursuant to the Political Reform Act, the statement shall
contain:
1. The name and address of each source of income aggregating two
hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the
income was a gift, and a general description of the business activity, if any, of each source;
2. A statement indicating whether the aggregated value of income from
each source, or, in the case of a loan, the highest amount owed to each source, was at least two
hundred fifty dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was
in excess of one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000),
or whether it was greater than ten thousand dollars ($10,000);
received;
A description of the consideration, if any, for which the income was
4. 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 and the date on which the gift was received;
"Income" is defined in Title 9, Chat)ter 2 of the Government Code (section 82030). That
definition is attached hereto as Exhibit "C."
~-..: 10924.4.3 3
any, given for the loan.
In the case of a loan, the annual interest rate and the security, if
C. Contents of Business Entity Reports. When the designated employee's pro
rata share of income to a business entity, including income to a sole proprietorship, is required
to be reported, the statement shall contain:
1. The name, address, and a general description of the business
activity of the business entity;
2. The name of every person from whom the business entity received
payments if the designated employee's pro rata share of gross receipts from such person was
equal to or greater than ten thousand dollars ($10,000) during a calendar year;
3. Income of a business entity is required to be reported only if the
direct, indirect, or beneficial interest of the designated employee and his or her spouse in the
business entity aggregates a 10 percent or greater interest. In addition, for purposes of
subparagraphs 2 and 3 of this subsection, the disclosure of persons who are clients or customers
of a business entity is required only if it is reasonably foreseeable that the client or customer
may be materially affected by the decisions of the designated employee.
4. When a torment. includin£ an advance or reimbursement for travel
is reauired to be ret>orted r~ursuant to Co) and (c) of this Section 5. it may be rex~orted on a
serorate travel reimbursement schedule which shall be included in the fileifs statement of
economic interest. A filer who chooses not to use the travel schedule shall disclose t>avments
for travel as a ~ift. unless it is clear from all surroundin£ circumstances that the services
r~rovided were eaual to or £reater in value than the mvments for the travel. in which case the
travel may be tenorted as income.
D. Contents of Business Position Disclosure. When business positions are
required to be reported, the designated employee shall list the name and address of each business
entity in which he or she is a director, officer, parmer, trustee, employee, or in which he or she
holds any position of management; a description of the business entity in which the business is
engaged, and the designated employee's position with the business entity.
E. Acquisition or Disposal Durim, a Calendar Year. If any otherwise
reportable investment or interest in real property was partially or wholly acquired or disposed
of during the period covered by the statement, the statement shall contain the date of acquisition
or disposal.
SECTION 6. Disqualification. Designated employees shall disqualify themselves from
making, participating in the making of, or in any way using their official position to influence
a governmental decision when it is reasonably foreseeable that the decision will have a material
financial affect distinguishable from its effect on the public generally, on the designated
~.~-~.2:1092aA.3 4
employee, or a member of his or her immediate family, or on:
A. Any business entity in which the designated employee has a direct or
indirect investment worth one thousand dollars ($1,000) or more;
B. Any real property in which the designated employee has a direct or indirect
interest worth one thousand dollars ($1,000) or more;
C. Any source of income, other than gifts and other than loans by a
commercial lending institution in the regular course of business on terms available to the public
without regard to official status, aggregating two hundred fifty dollars ($250) or more in value
provided to, received by or promised to the designated employee within twelve (12~ months prior
to the time when the decision is made;
D. Any business entity in which the designated employee is a director, officer,
parmer, trustee, employee, or holds any position of management; or
E. Any donor of, or any intermediary of 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 designated employee within twelve (12) months prior to the time when the
decision is made.
For purposes of this section, indirect investment or interest means any investment
or interest owned by the spouse or dependent child of a designated employee, by an agent on
behalf of a designated employee, or by a business entity or trust in which the designated
employee, the designated employee's agent, spouse, and dependent children own directly,
indirectly, or beneficially a ten vercent (10%) interest or greater.
No designated employee shall be required to disqualify himself or herself with
respect to any matter which could not legally be acted upon or decided without his or her
participation. A designated employee required to disqualify himself or herself shall notify the
City Manager and the City Clerk in writing, and the City Clerk shall record the person's
disqualification.
Violations. Pursuant to Government Code Section 87300, this Code "shall have the force
of law" and any violation of any provision of this Code shall be punishable in accordance. with
Government Code Section 91000 to 91015 and include criminal and civil sanctions, as well as
discipline within the City's Personnel System.
SECTION 7. EXHIBIT "A"
Designated City of Temecula Employees
and Disclosure Categories
The following positions entail the making or participation in the making of decisions
which may foreseeably have a material effect on financial interests:
Designated Position Disclosure Categories
Assistant City Manager ......................................... 1
Building Official ............................................. 1
Chief of Police .............................................. 1
Chief Accountant ............................................ 1
City Clerk ................................................. 1
City Engineer/Director of Public Works ............................... 1
Consultant~ ................................................ 1
Principal Engineer ............................................ 1
Exempt Officials3! ............................................ 0
2/
Consultants shall be included in the list of designated employees and shall disclose all of
the information required to be disclosed by designated employees subject to the following
limitation:
3/
The City Manager or his or her designee may determine in writing that a particular
consultant, although a "designated position," is hired to perform a range of duties that
is limited in scope and thus is not required to fully comply with the disclosure
requirement described in this Section. Such written disclosure shall include a description
and based upon that description, a statement of the extent of disclosure requirements.
The City Manager's determination is a public record and shall be retained for public
inspection in the same manner and location as this Conflict of Interest Code.
The Mayor, City Council, Members of the Planning Commission, City Manager, City
Attorney, City Treasurer, and Director of Finance are all required to file disclosure
statements pursuant to state law and thus are not included herein.
109244.4 6
Director of Community Services ................................... 1
Financial Services Administator .................................... 1
Fire Chief ................................................. 1
Maintenance Superintendent ...................................... 1
Planning Director ............................................ 1
Recreation Suoerintendent ....................................... 1
Senior Accountant ............................................ 1
Senior Building Inspector ........................................ 1
Senior Manat, ement Analyst ...................................... 1
Traffic Eneineer ............................................. 1
Senior Planner .............................................. !
Members of all City Commissions,
Boards, and Committees Not
Otherwise Required to File
Conflict of Interest Statements ..................................... 1
~.-'~.', 2:109244.4 7
SECTION 8. EXHIBIT "B"
Categories of Reportable Economic Interests
Designated Persons in Category "1" Must Report:
All investments, interests in real property, income, and any business entity in which the
person is a director, officer, parmer, trustee, employee, or holds any position of management.
These financial interests are reportable only if located within and subject to the jurisdiction of
the City, or if the business entity is doing business or planning to do business in an area subject
to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of
the City at any time during the two years prior to the filing of the statement.
Designated Persons in Category "2" Must Report:
ho
City.
All Investments in real property located within or subject to the jurisdiction of the
B. Investments in any business entity which within the last two years has contracted
or in the future foreseeably may contract with the City.
Go
future
Income from any source which within the last two years has contracted or in the
foreseeably may contract with the City.
D. His or Her status as a director, officer, parmer, trustee, employee, or holder of
a position of management in any business entity which within the last two years has
contracted or in the future foreseeably may contract with the City.
Designated persons in Category "3" must report:
A. Investments and business positions in, and income from business entities located
in, doing business in, or planning to do business in the redevelopment project area and all
interests in real property located within two miles of the redevelopment project area.
~.2:109244.3 8
EXHIBIT "C"
82030. Income. A. "Income" means, except as provided in subdivision (b), a payment
received, including but not limited to any salary, wage, advance, dividend, interest, rent,
proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or
payment of indebtedness received by the filer, reimbursement for expenses, per diem, or
contribution to an insurance or pension program paid by any person other than an employer, and
including any community property interest in the income of a spouse. Income also includes an
outstanding loan. Income of an individual also includes a pro rata share of any income of any
business entity or trust in which the individual or spouse owns, directly, indirectly or
beneficially, a 10-percent interest or greater. "Income" other than a gift, does not include
income received from any source outside the jurisdiction and not doing business within the
jurisdiction, not planning to do business within the jurisdiction, or not having done business
within the jurisdiction during the two years prior to the time any statement or other action is
required under this rifle.
B. "Income" also does not include:
1. Campaign contributions required to be reported under Chapter 4
(commending with Section 84100).
2. Salary and reimbursement for expenses or per diem received from a state,
local, or federal government agency and reimbursement for travel expenses and per diem
received from a bona fide educational, academic, or charitable organization.
3. Any devise or inheritance.
4. Interest, dividends, or premiums on a time or demand deposit in a financial
institution, shares in a credit union or any insurance policy, payments received under any
insurance policy, or any bond or other debt instrument issued by any government or government
agency.
5. Dividends, interest, or any other return on a security which is registered with
the Securities and Exchange Commission of the United States Government or a commodity
future registered with the Commodity Futures Trading Commission of the United States
Government, except proceeds from the sale of these securities and commodities futures.
6. Redemption of a mutual fund.
7. Alimony or child support payments.
8. Any loan or loans from a commercial lending institution which are made in
the lenders' regular course of business on terms available to members of the public without
regard to official status if:
109244.3 9
A. Used to purchase, refinance the purchase of, or for improvements
to, the principal residence of filer; or
B. The balance owed does not exceed ten thousand dollars ($10,000).
9. Any loan from an individual's spouse, child, parent, grandparent, grandchild,
brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first
cousin, or the spouse of any such person, provided that a loan from any such person shall be
considered income if the lender is acting as an agent or intermediary for any person not covered
by this paragraph.
10. Any indebtness created as part of a retail installment or credit card
transaction if made in the lender's regular course of business on terms available to members of
the public without regard to official status, so long as the balance owed to the creditor does not
exceed ten thousand dollars ($10,000).
11. Payments received under a defined benefit pension plan qualified under
Internal Revenue Code Section 401(a).
12. Proceeds from the sale of securities registered with the securities and
Exchange Commission of the United States Government or from the sale of commodities futures
registered with the Commodity Futures Trading Commission of the United States Government
if the filer sells the securities or the commodities futures on a stock or commodities exchange
and does no know or have reason to know the identity of the purchaser.
~x2:~o9~.3 10