HomeMy WebLinkAbout91-04 RDA Resolution RESOLUTION NO. RDA 91-04
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
TEMECULA, CALIFORNIA, ADOPTING A CONFLICT OF
INTEREST CODE.
WHFREAS, the Redevelopment Agency of Temecula was activated pursuant to Ordinance
Nos. 91-08, and 91-14, respectively; and;
WHEREAS, it is foreseeable that the Redevelopment Agency officers and employees may
participate in the making of decisions which could have a material impact on their personal
financial interests distinguishable from the public generally; and,
WHEREAS, the California State Fair Political Practices Commission has ruled that such
material interests should be disclosed and in appropriate circumstances the affected official should
abstain from voting or participating in such a decision; and,
WHEREAS, "local agencies" including redevelopment agencies are required by
Government Code Section 87300 to adopt a Conflict of Interest Code; and,
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the attached Conflict of Interest Code, is hereby adopted as the Conflict
of Interest Code for the Redevelopment Agency of Temecula.
Section 2. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 10th day of September, 1991.
ATTEST:
Clerk/Ageff~ Secretary
[SEAL]
/Peg Moore, Chairperson
Resos.RDA\92-04 1
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF TEMECULA)
SS
I, June S. Greek, City Clerk/Redevelopment Agency Secretary of the City of Temecula,
HEREBY DO CERTIFY that the foregoing Resolution No. RDA 91-04 was duly adopted at a
regular meeting of the Redevelopment Agency of the City of Temecula on the 10th day of
September, 1991 by the following roll call vote:
AYES:
4 AGENCY MEMBERS: Birdsall, Lindemans, Parks, Moore
NOES:
0 AGENCY MEMBERS: None
ABSENT: 1
AGENCY MEMBERS: Mufioz
Greek, City Clerk/Agency Secretary
Reaoa.RDA\92-04 2
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CONFLICT OF INTEREST CODE
FOR THE
REDEVELOPMENT AGENCY FOR THE
CITY ~F TEMECULA
SECTION 1. Purpose. Pursuant to the provisions of
Government Code Sections 87300, e__t seq., the Redevelopment
Agency for the City of Temecula (hereinafter referred to as
"Agency") 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 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 and officials which may be materially
affected by their official actions, and, in appropriate
circumstances, to provide that designated employees and
officials should be disqualified from participating in
Agency decision-making in order that conflicts of interest
may be avoided.
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SECTION 2. Designated Positions. The positions
listed in Exhibit "A" are designated positions. Officers
and employees holding those positions are deemed to make or
participate in the making of decisions which may foreseably
have a material effect on t~eir 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 initial and annual
statement of financial interests disclosing that employee's
or official's interest in investments, business positions,
interests in real property and income 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 an initial and annual statement of financial
interests shall use FPPC Form No. 730 and 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 shall
submit the statement within 30 days after the effective date
of this Code, disclosing interests held including
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investments, business positions, and interests in real
property on the effective date of this Code or the date the
designated employee or official assumed office, whichever is
later, and income received during the twelve (12) months
prior to the effective dat~'of this Code.
(d) All persons hereafter appointed, promoted, or
transferred to designated positions shall file initial
statements not more than 30 days after assuming office.
(e) Annual statements shall be filed by April 1,
of each year by all designated employees and officials.
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 or official took
office if during the calendar year.
(f) A designated employee or official 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.
(g) Every designated employee or official who
leaves office shall file, within 30 days of leaving office,
a statement disclosing reportable investments, business
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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.
(h) A designated .~mployee or official who resigns
his or her position within 30 days following initial
appointment 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.
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;
(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;
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(3) The address or other precise location of
the real property;
(4) A statement whether the fair market value
of the investment or interest in real property equals or
exceeds one thousand dollar~ ($1,000) but does not exceed
ten thousand dollars ($10,000), whether it exceeds ten
thousand dollars ($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
principal residence of the designated employee or official
or any other property which the designated individual
utilizes exclusively as that individual's personal
residence.
(b) Contents of Personal Income Reports: When
personal income* is required to be disclosed the statement
shall contain:
(1) The name and address of each source of
income totaling two hundred fifty dollars ($250) or more in
value, or fifty dollars ($50) or more in value if the income
* "Income is defined in Title 9, Chapter 2 of the
Government Code (Section 82030). That definition is
attached hereto as Exhibit "C".
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was a gift, and a general description of the business
activity, if any, of each source;
(2) A statement whether the total 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);
(3) A description of the consideration, if
any, for which the income was received;
(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;
(5) In the case of a loan, the annual
interest rate and the security, if any, given for the loan.
(c) Contents of Business Entity Reports. When the
designated employee's or official'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:
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(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 or official's p~o 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/official and his or her
spouse in the business entity totals 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/official.
(d) Contents of Business Position Disclosure.
When business positions are required to be reported, the
designated employee/official 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
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designated employee's or official'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. No
designated employee shall acquire any interest in any real
property included within a redevelopment project area
subject to the limited exceptions contained in Section 33130
of the Health and Safety Code.
SECTION 6. Disqualification. Designated
employees and officials 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 effect (distinguishable from its
effect on the public generally) on the designated employee,
or a member of his or her immediate family, or on:
(a) Any business entity in which the designated
employee/official has a direct or indirect investment worth
one thousand dollars ($1,000) or more;
(b) Any real property in which the designated
employee/official has a direct or indirect interest worth
one thousand dollars ($1,000) or more;
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(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, totaling two hundred
fifty dollars ($250) or mon~ in value provided to, received
by, or promised to the designated employee/official within
12 months prior to the time when the decision is made;
(d) Any business entity in which the designated
employee/official is a director, officer, partner, trustee,
employee, or holds any position of management; or
(e) Any donor of, or any intermediary or agent for
a donor of, a gift or gifts totaling two hundred fifty
dollars ($250) or more in value provided to, received by, or
promised to the designated employee/official within 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/official,
by an agent on behalf of a designated employee/official, or
by a business entity or trust in which the designated
employee/official, and/or his agents, spouse, and dependent
children own directly, indirectly, or beneficially a 10
percent interest or greater.
No designated employee/official shall be required
to disqualify himself or herself with respect to any matter
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which could not legally be acted upon or decided without his
or her participation.
A designated employee/official required to
disqualify himself or herself shall notify the Executive
Director and the Secretary,' and the Secretary 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 Sections 91000 to 91015 and include
criminal and civil sanctions, as well as discipline within
the City's Personnel System.
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SECTION 7. EXHIBIT "A"
Designated Temecula Employees and Officials
and Disclosure Categories
The following Redevelopment Agency 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
Agency Members ............................................ 1
Executive Director ........................................ 1
Secretary ................................................. 1
General
Members
Members
Counsel ............................................ 1
of the Old Town Redevelopment Advisory Committee...1
of Project Area Committee(s), if applicable ........ 1
A-1
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SECTION 8. EXHIBIT "B"
Categories of Reportable Economic Interests
Designated Persons in Category "1" Must Report:
All investment interests, interests in real
property, income, and any bdsiness interests in which the
person is a director, officer, partner, trustee, employee,
or holds any position of management. These interests and
income are reportable only if partially or wholly derived
from activities conducted within the jurisdiction of the
Redevelopment Agency and located within a redevelopment
project area or within a two mile radius of a project
area. Prospective business interests in a redevelopment
project area are reportable and business interests existing
at any time during the two years prior to the filing of the
disclosure statement, are reportable.
The Redevelopment Agency reserves its right to add other
categories of Reportable Economic Interests and to
redesignate positions where necessary or in compliance with
the Political Reform Act, as amended
B-1
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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 title.
(b) "Income" also does not include:
(1) Campaign contributions required to be
reported under Chapter 4 (commencing 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
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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 lender's regular
course of business on terms available to members of the
public without regard to o~ficial status if:
(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 indebtedness 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 not know or have reason to
know the identity of the purchaser.
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