RDA RES 2002-015 RESOLUTION NO. RDA 2002-15
A RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF RANCHO PALOS
VERDES ADOPTING AN AMENDED CONFLICT OF
INTEREST CODE CONTAINING REVISED
DESIGNATED POSITIONS, DISCLOSURE
CATEGORIES AND REPEALING RESOLUTION
RDA NO. 2002-13
THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, RESOLVE AND ORDER AS
FOLLOWS:
Section 1. The Political Reform Act, Government Code Section
81000, et seq., requires the Redevelopment Agency of the City of Rancho Palos
Verdes ("Agency") to adopt a conflict of interest code for each department of the
Agency.
Section 2. The Fair Political Practices Commission has adopted a
Model Conflict of Interest Code (the "Model Code"). The Model Code, codified at
2 California Code of Regulations Section 18730, can be incorporated by
reference by the Agency as its conflict of interest code. That Model Code will be
amended by the Fair Political Practices Commission from time to time to conform
to amendments to the Political Reform Act.
Section 3. Pursuant to Resolution No. RDA 2000-13, the Agency
adopted a Conflict of Interest Code containing designated positions and
disclosure categories. By this resolution the Agency is adopting an updated
Conflict of Interest Code, designated positions and disclosure categories.
Section 4. The Model Code, attached hereto as Exhibit "A" and
any amendments to it duly adopted by the Fair Political Practices Commission,
and Appendix A which sets forth the designated positions and the disclosure
categories for each position of the Agency are hereby incorporated by reference
and shall constitute the Conflict of Interest Code for the Redevelopment Agency
of the City of Rancho Palos Verdes.
Section 5. Persons holding designated positions listed in Appendix
A shall file Statements of Economic Interest pursuant to Section 5 of the Conflict
of Interest Code with the information required for the disclosure category
assigned to them.
Section 6. The Agency hereby directs the Secretary of the Agency
and Agency Counsel to coordinate the preparation of a revised Conflict of
Interest Code in succeeding even-numbered years in accordance with the
requirements of Government Code Sections 87306 and 87306.5. The revised
Code should reflect any changes in department or employee designations. If no
revisions to the Code are required, the Secretary of the Agency shall submit a
report no later than October 1st of the same year, stating that amendments to the
Code are not required.
Section 7. Resolution No. RDA 2000-13 is hereby repealed in its
entirety.
Section 8. The Secretary of the Agency shall certify to the passage
and adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 1st day of October,
2002.
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ATTEST:
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Deputy Agenc Secretary
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, Agency Secretary of the Rancho Palos Verdes
Redevelopment Agency hereby certify that the above Resolution No. RDA 2002-
15 was duly and regularly passed and adopted by the said Redevelopment
Agency at a regular meeting thereof held on October 1, 2002.
Deputy A ncy Secretary
Resolution No. RDA 2002-15
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EXHIBIT A
Conflict of Interest Code
Section 1. Definitions. The definitions contained in the Political Reform Act of
1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs.
sections 18100, et seq.), and any amendments to the Act or regulations, are
incorporated by reference into this conflict of interest code.
Section 2. Designated Employees. The persons holding positions listed in the
Appendix are designated employees. It has been determined that these persons make
or participate in the making of decisions which may foreseeably have a material effect
on financial interests.
Section 3. Disclosure Categories. This code does not establish any disclosure
obligation for those designated employees who are also specified in Government Code
section 87200 if they are designated in this code in that same capacity or if the
geographical jurisdiction of this agency is the same as or is wholly included within the
jurisdiction in which those persons must report their financial interests pursuant to article
2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In
addition, this code does not establish any disclosure obligation for any designated
employees who are designated in a conflict of interest code for another agency, if all of
the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly
included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that
required under article 2 of chapter 7 of the Political Reform Act, Government Code
section 87200; and
(C) The filing officer is the same for both agencies.1 Such persons are covered by
this code for disqualification purposes only. With respect to all other designated
employees, the disclosure categories set forth in the Appendix specify which kinds of
financial interests are reportable. Such a designated employee shall disclose in his or
her statement of economic interests those financial interests he or she has which are of
the kind described in the disclosure categories to which he or she is assigned in the
Appendix. It has been determined that the financial interests set forth in a designated
employee's disclosure categories are the kinds of financial interests which he or she
foreseeably can affect materially through the conduct of his or her office.
Section 4. Statements of Economic Interests: Place of Filing. The code
reviewing body shall instruct all designated employees within its code to file statements
of economic interests with the agency or with the code reviewing body, as provided by
the code reviewing body in the agency's conflict of interest code. -
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Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the
effective date of this code, as originally adopted, promulgated and approved by the
code reviewing body, shall file statements within 30 days after the effective date of this
code. Thereafter, each person already in a position when it is designated by an
amendment to this code shall file an initial statement within 30 days after the effective
date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after
the effective date of this code shall file statements within 30 days after assuming the
designated positions, or if subject to State Senate confirmation, 30 days after being
nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later
than April 1.
(D) Leaving Office Statements. All persons who leave designated positions shall
file statements within 30 days after leaving office.
Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the
date of notice provided by the filing officer to file an assuming office statement, is not
deemed to have assumed office or left office, provided he or she did not make or
participate in the making of, or use his or her position to influence any decision and did
not receive or become entitled to receive any form of payment as a result of his or her
appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from
the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of
perjury that during the period between appointment and resignation he or she 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 6. Contents of and Period Covered by Statements of Economic
Interests.
(A) Contents of Initial Statements. Initial statements shall disclose any reportable
investments, interests in real property and business positions held on the effective date
of the code and income received during the 12 months prior to the effective date of the
code.
(B) Contents of Assuming Office Statements. Assuming office statements shall
disclose any reportable investments, interests in real property and business positions
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held on the date of assuming office or, if subject to State Senate confirmation or
appointment, on the date of nomination, and income received during the 12 months
prior to the date of assuming office or the date of being appointed or nominated,
respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any
reportable investments, interests in real property, income and business positions held or
received during the previous calendar year provided, however, that the period covered
by an employee's first annual statement shall begin on the effective date of the code or
the date of assuming office whichever is later.
(D) Contents of Leaving Office Statements. Leaving office statements shall
disclose reportable investments, interests in real property, income and business
positions held or received during the period between the closing date of the last
statement filed and the date of leaving office.
Section 7. Manner of Reporting. Statements of economic interests shall be
made on forms prescribed by the Fair Political Practices Commission and supplied by
the agency, and shall contain the following information:
(A) Investments and Real Property Disclosure. When an investment or an
interest in real property is required to be reported,4 the statement shall contain the
following:
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;
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 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).
(B) Personal Income Disclosure. When personal income is required to be
reported,-the statement shall contain:
1. The name and address of each source of income aggregating five
hundred dollars ($500) 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 whether the aggregate value of income from each source,
or in the case of a loan, the highest amount owed to each source, was one
thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000),
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greater than ten thousand dollars ($10,000), or greater than one hundred
thousand dollars ($100,000);
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 of the gift; 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 and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity,
including income of 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 filer's pro rata share of gross receipts from such person was
equal to or greater than ten thousand dollars ($10,000).
(D) Business Position Disclosure. When business positions are required to be
reported, a 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 activity in which
the business entity is engaged, and the designated employee's position with the
business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or
leaving office statement, if an investment or an 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 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of
a state or local government agency, shall accept any honorarium from any source, if the
member or employee would be required to report the receipt of income or gifts from that
source on his or her statement of economic interests. This section shall not apply to any
part-time member of the governing board of any public institution of higher education,
unless the member is also an elected official. Subdivisions (a), (b), and (c) of
Government Code section 89501 shall apply to the prohibitions in this section.
This section shall not limit or prohibit payments, advances, or reimbursements for travel
and related lodging and subsistence authorized by Government Code section 89506.
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Section 8.1 Prohibition on Receipt of Gifts in Excess of$320.
(A) No member of a state board or commission, and no designated employee of
a state or local government agency, shall accept gifts with a total value of more than
$320 in a calendar year from any single source, if the member or employee would be
required to report the receipt of income or gifts from that source on his or her statement
of economic interests. This section shall not apply to any part-time member of the
governing board of any public institution of higher education, unless the member is also
an elected official.
Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the
prohibitions in this section.
Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date
of his or her election to office through the date that he or she vacates office, receive a
personal loan from any officer, employee, member, or consultant of the state or local
government agency in which the elected officer holds office or over which the elected
officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant
to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall,
while he or she holds office, receive a personal loan from any officer, employee,
member, or consultant of the state or local government agency in which the public
official holds office or over which the public official's agency has direction and control.
This subdivision shall not apply to loans made to a public official whose duties are solely
secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date
of his or her election to office through the date that he or she vacates office, receive a
personal loan from any person who has a contract with the state or local government
agency to which that elected officer has been elected or over which that elected officer's
agency has direction and control. This subdivision shall not apply to loans made by
banks or other financial institutions or to any indebtedness created as part of a retail
installment or credit card transaction, if the loan is made or the indebtedness created in
the lender's regular course of business on terms available to members of the public
without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant
to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall,
while he or she holds office, receive a personal loan from any person who has a
contract with the state or local government agency to which that elected officer has
been elected or over which that elected officer's agency has direction and control. This
subdivision shall not apply to loans made by banks or other financial institutions or to
any indebtedness created as part of a retail installment or credit card transaction, if the
loan is made or the indebtedness created in the lender's regular course of business on
terms available to members of the public without regard to the elected officer's official
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status. This subdivision shall not apply to loans made to a public official whose duties
are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or
candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew,
niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided
that the person making the loan is not acting as an agent or intermediary for any
person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed five
hundred dollars ($500) at any given time.
4. Loans made, or offered in writing, before January 1, 1998.
Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local
government agency shall, from the date of his or her election to office through the date
he or she vacates office, receive a personal loan of five hundred dollars ($500) or more,
except when the loan is in writing and clearly states the terms of the loan, including the
parties to the loan agreement, date of the loan, amount of the loan, term of the loan,
date or dates when payments shall be due on the loan and the amount of the payments,
and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent,
grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-
law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such
person, provided that the person making the loan is not acting as an agent or
intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of
Title 9 of the Government Code.
Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any
designated employee shall become a gift to the designated employee for the purposes
of this section in the following circumstances:
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1. If the loan has a defined date or dates for repayment, when the statute
of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year
has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($100) or more
was made on the loan.
c. The date upon which the debtor has made payments on the loan
aggregating to less than two hundred fifty dollars ($250) during the
previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a
candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A),
but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A),
but on which the creditor, based on reasonable business considerations, has not
undertaken collection action. Except in a criminal action, a creditor who claims
that a loan is not a gift on the basis of this paragraph has the burden of proving
that the decision for not taking collection action was based on reasonable
business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is
ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of
Title 9 of the Government Code.
Section 9. Disqualification. No designated employee shall make, participate in
making, or in any way attempt to use his or her official position to influence the making
of any governmental decision which he or she knows or has reason to know will have a
reasonably foreseeable material financial effect, distinguishable from its effect on the
public generally, on the official 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 two thousand dollars ($2,000) or more;
(B) Any real property in which the designated employee has a direct or indirect
interest worth two thousand dollars ($2,000) 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, aggregating five hundred dollars ($500) 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 $320 or more provided to; received by, or promised to the designated
employee within 12 months prior to the time when the decision is made.
Section 9.3. Legally Required Participation. No designated employee shall be
prevented from making or participating in the making of any decision to the extent his or
her participation is legally required for the decision to be made. The fact that the vote of
a designated employee who is on a voting body is needed to break a tie does not make
his or her participation legally required for purposes of this section.
Section 9.5. Disqualification of State Officers and Employees. In addition to
the general disqualification provisions of section 9, no state administrative official shall
make, participate in making, or use his or her official position to influence any
governmental decision directly relating to any contract where the state administrative
official knows or has reason to know that any party to the contract is a person with
whom the state administrative official, or any member of his or her immediate family
has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to
members of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to
members of the public regarding the rendering of goods or services totaling in value one
thousand dollars ($1,000) or more.
Section 10. Disclosure of Disqualifying Interest. When a designated
employee determines that he or she should not make a governmental decision because
he or she has a disqualifying interest in it, the determination not to act may be
accompanied by disclosure of the disqualifying interest.
Section 11. Assistance of the Commission and Counsel. Any designated
employee who is unsure of his or her duties under this code may request assistance
from the Fair Political Practices Commission pursuant to Government Code section
83114 or from the attorney for his or her agency, provided that nothing in this section
requires the attorney for the agency to issue any formal or informal opinion.
Section 12. 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 in the Political Reform Act, Government Code sections
81000 - 91015. In addition, a decision in relation to which a violation of the
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disqualification provisions of this code or of Government Code section 87100 or 87450
has occurred may be set aside as void pursuant to Government Code section 91003.
ENDNOTES
1. Designated employees who are required to file statements of economic
interests under any other agency's conflict of interest code, or under article 2 for a
different jurisdiction, may expand their statement of economic interests to cover
reportable interests in both jurisdictions, and file copies of this expanded statement with
both entities in lieu of filing separate and distinct statements, provided that each copy of
such expanded statement filed in place of an original is signed and verified by the
designated employee as if it were an original. See Government Code section 81004.
2. See Government Code section 81010 and 2 Cal. Code of Regs. section 18115
for the duties of filing officers and persons in agencies who make and retain copies of
statements and forward the originals to the filing officer.
3. For the purpose of disclosure only (not disqualification), an interest in real
property does not include the principal residence of the filer.
4. Investments and interests in real property which have a fair market value of
less than $2,000 are not investments and interests in real property within the meaning
of the Political Reform Act. However, investments or interests in real property of an
individual include those held by the individual's spouse and dependent children as well
as a pro rata share of any investment or interest in real property of any business entity
or trust in which the individual, spouse and dependent children own, in the aggregate, a
direct, indirect or beneficial interest of 10 percent or greater.
5. A designated employee's income includes his or her community property
interest in the income of his or her spouse but does not include salary or reimbursement
for expenses received from a state, local or federal government agency.
6. Income of a business entity is reportable if the direct, indirect or beneficial
interest of the filer and the filer's spouse in the business entity aggregates a 10 percent
or greater interest. In addition, the disclosure of persons who are clients or customers of
a business entity is required only if the clients or customers are within one of the
disclosure categories of the filer.
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DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
FOR THE REDEVELOPMENT AGENCY
OF THE CITY OF RANCHO PALOS VERDES
Designated Positions Disclosure Categories
Agency Board Member 1
Geological Peer Review Group 2, 3, 4
Executive Director 1
Assistant Executive Director 5
Director of Finance/Information Technology 5
Director of Planning, Building
and Code Enforcement 5
Deputy Director of Planning 5
Director of Public Works 5
Agency Secretary 5
Senior Engineer 5
Senior Planner 5
Principal Planner 5
Treasurer 1
Agency General Counsel 1
Agency Engineer 5
Agency Geologist(s) (consultant(s)) 5
Other Consultant(s) 6
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Disclosure Categories
1. Persons holding designated positions which are assigned a disclosure category
of "1" above are not required to report under this Conflict of Interest Code
because they hold positions within the City of Rancho Palos Verdes which are
required to report pursuant to California Government Code Section 87200.
Persons in this category "1" are, however, subject to the disqualification
provisions of this Code when acting in their official capacity for the
Redevelopment Agency of the City of Rancho Palos Verdes.
2. Reportable interest in real property located within the City of Rancho Palos
Verdes or within two miles of the boundaries of the City. (FPPC Form 700,
Schedule B).
3. Reportable income from any business entity, and reportable business positions in
business entities, that provides, plans to provide, or has provided within two
years prior to the time a statement is required under this conflict of interest code,
engineering, geological analysis or other services to owners of property in the
City of Rancho Palos Verdes or within two miles from the boundaries of the City
of Rancho Palos Verdes.
(FPPC Form 700, Forms C, D, E and F).
4. Reportable investments in any business entity that provides, plans to provide, or
has provided within two years prior to the time a statement is required under this
conflict of interest code, engineering, geological analysis or other services to
owners of property in the City of Rancho Palos Verdes or within two miles from
the boundaries of the City of Rancho Palos Verdes. (FPPC Form 700, Forms A-
1 and A-2).
5. Persons holding designated positions which are assigned a disclosure category
of "5 above are not required to prepare a separate Statement of Economic
Interest (Form 700) for their position with the Agency because they also hold
positions which are already required to disclose and report under the Conflict of
Interest Code of the City of Rancho Palos Verdes. Persons in this category
should list their position with the Agency in Section 1 of Form 700 that they file
with the City. Persons in this category "5" are, however, subject to the
disqualification provisions of this Code when acting in their official capacity for
the Redevelopment Agency of the City of Rancho Palos Verdes.
6 For consultants who serve in a staff capacity with the Agency, the consultant
shall disclose based on the disclosure categories assigned elsewhere in this
code for that staff position.
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For consultants who do not serve in a staff capacity, the following disclosure
categories shall be used:
Persons required to disclose in this category shall disclose pursuant to
categories A, B, C and D below unless the Executive Director determines in
writing that a particular consultant is hired to perform a range of duties that is
limited in scope and thus is not required to fully comply with the disclosure
requirements in categories A, B, C and D. 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 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.
A. Reportable interests in real property in the jurisdiction. (FPPC Form 700,
Schedule B).
B. Reportable income and business positions. (FPPC Form 700, Schedules
C and D).
C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).
D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).
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