HomeMy WebLinkAbout90-047 CC ResolutionRESOLUTION NO. 90-47
A RESOLUTION'OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, ADOPTING A CONFLICT
OF INTEREST CODE
WHEREAS, The City of Temecula was incorporated on December 1, 1989; and,
WHEREAS, It is foreseeable the City officers, employees, and commission members
may make decisions which could have a material impact on their personal financial interest; and,
WHEREAS, The California State Fair Political Practices Commission has ruled that such
material interests should be disclosed and in appropriate circumstances the effected official
should abstain from voting or participating in such a decision; and,
WHEREAS, "local agencies" including cities are required by Government Code Section
87300 to adopt a Conflict of Interest Code; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY 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 City of Temecula.
Section 2. The City Clerk shall certify the adoption of this Resolution.
Ron J. Parks, Mayor
ATTEST:
Ju~. Greek, Deputy City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Temecula at a regular meeting thereof, held on the 1st day of May, 1990
by the following vote of the Council:
AYES: 5
COUNCILMEMBERS:
Birdsall, Lindemans, Moore,
Mufioz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0
C OUNCILMEMBERS:
None
Jun S~eek, Deputy City~C erl~
Resos 90-47
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CONFLICT OF INTEREST CODE
OF THE
CITY OF TEMECULA
SECTION 1. Purpose. Pursuant to the provisions of
Government Code Sections 87300, et seq., 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 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 participate in the
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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 interests, (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.
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(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
filed by a designated employee shall disclose the designated
employee's reportable investments, business positions, and
interests 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.
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(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 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;
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(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)
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 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 any other
property which the designated employee utilizes exclusively
as the employee's personal residence.
(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
A statement whether the fair market value
* "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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income was a gift, and a general description of the business
activity, if any, of each source;
(2) A statement whether the aggregate 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 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;
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(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.
(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.
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(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, partici-
pating 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 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
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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 12 months
prior to the time 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 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 designated employee 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, 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 agents, spouse, and dependent children
own directly, indirectly, or beneficially a 10 percent
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.
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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 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 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
City Clerk ................................................. 1
City Engineer .............................................. 1
Exempt Officials** ........................................ 0
Fire Chief ................................................. 1
Members of all City Commissions,
Boards, and Committees Not
Otherwise Required to File
Conflict of Interest Statements ............................ 1
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.
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Planning Director .......................................... 1
Manager of Information Systems ............................. 1
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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, partner, 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 Cateqor¥ "2" Must Report:
(a)
(b)
(c)
All investments in real property located within or
subject to the jurisdiction of the City.
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 future foreseeably may
contract with the City.
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(d)
His or her status as a director, officer, partner,
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.
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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
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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 lender's regular
course of business on terms available to members of the
public without regard to official 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 exhange and does not know or have reason to
know the identity of the purchaser.
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