RDA RES 1984-007 RESOLUTION NO. PM 84-7
A RESOLUTION OF THE RANCHO PALOS VERDES
REDEVELOPMENT AGENCY ADOPTING A CONFLICT
OF INTEREST CODE WHICH INCORPORATES BY
REFERENCE THE STANDARD CONFLICT OF INTEREST
CODE PREPARED BY THE FAIR POLITICAL PRACTICES
COMMISSION
THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY DOES
RESOLVE AND ORDER AS HEREBY FIND,
FOLLOWS:
Section 1. The Political Reform Act, Government
Code Sections 81000, et seq. , requires the Agency
g y to adopt a
conflict of interest code for each department of the Agency.
2. The Fair Political Practices Commissi
on
has adopted a standard conflict of interest code,
attached
hereto as Exhibit A.
The standard code is codified at 2
Cal. Administrative Code Section 18730, can be incorporated
the Agency
by reference b
y g ncy and will be amended to conform to
amendments to the Political Reform Act.
Section 3. The standard conflict of interest code
adopted by the Fair Political Practices Commission as Exhibit A, and n attached
nd Appendix A, which sets forth the
designated positions and the disclosure categories of the
Administrative Department, are hereb y incorporated orated b y refer-
ence and constitute the conflict of interest code of the
Administrative Department.
Section 4. Persons holding designated positions
listed in the appendix shall file statements of '
economic
interest pursuant to Section 4 (C) of the conflict
code.
1 ct of interest
PASSED, APPROVED, and ADOPTED this 16th day of
October 1984 y
dirk . kigt / / A
IF' CHAIRMA
TEST:
41 "tab:.
4.:241r
EC RE ARY
I HEREBY CERTIFY that the foregoing is a true and correct
copy of Resolution No. RDA 84-7 passed and adopted by Rancho
Palos Verdes Redevelopment Agency at a regular meeting thereof
held on October 16, 1984.
( iri
.a! ;ALA
Jo Lofthu , S- r•#nary for the Agency
Disclosure Categories d
Designated Position
Agency
Member 1
Attorney
1
1
Agency Y
Agency Attorney
Assistant
Agency Treasurer 2 , 3
Executive Director 1
I
Resol 84-7
-2-
Exhibit A
ADMINISTRATIVE DEPARTMENT
DISCLOSURE CATEGORIES
1. No disclosure is required by this conflict of interest
code. Disclosure is already required by the Conflict of
Interest Code of the City of Rancho Palos Verdes.
2. Reportable income from any financial institution in
which the Agency deposits funds, plans to deposit funds ,
or has deposited funds within two years prior to the
time any statement is required under this conflict of
interest code.
3. Reportable investments in any financial institution in
which the Agency deposits funds, plans to deposit funds,
or has deposited funds within two years prior to the
time a statement is required under this conflict of
interest code.
-3-
Exhibit A Resol 84-7
. lict of Interest Codes
1E211-
Provisions of Conf e of the terms of this
by reference
} Incorporation
'the deS designation of employees and the
regulation along with referred to
' in the Appendix refer
formulation of disclosure categories
• tion of a Conflict of
• the adoption and promulgation
constitute th P of Government Code Section
Interest st Code within the meaning
amendment of a Conflict of Interest Code within the
87300 o r the amend
• 307 if the terms of this
meaning of Government Code Section 87
are substituted for terms of a Conflict of Interest
regulation
Code already ad in effect. A code so amended or adopted and
' o f reportable items in a
requires the reporting
promulgated req Article 2 -
manner substantially equivalent to the requirements of Arti
rm Act ,, Government Code
o f Chapter 7
of the Politica l Ref o
' ments of a Conflict of
Se ct lor.s
810 00, et Ala. The require
then requirements of the
Interest e
Cod are in addition to 0
general prohibition against
• Act, such as the gene P
political Reform d i n Government Code Section
conflicts licts interest nterest containe •
cts
laws a rt a in ing to conf 1 a
87100, and to other state or local la P
of interest .
(b) amended
The terms of a Conflict of Interest Code a
adopted and promulgated pursuant t to this regulation are as
or adoP
follows:
(1) S
action 1. Definitions .
The definitions initions contained in the Political Reform
Act of 1974, regulations of the Fair Political
• Commission (2 Cal• Adm. Code Sections 18100,
Practices
and any amendments
to the Act or regulations,
et se . ) .
Exhibit A Resol 84-7
-4-
are incorporated by reference into this Conflict of
Interest Code.
(2) Section 2. Designated Employees .
The persons holding positions listed in the
Appendix are designated employees. It has been
I/
determined that these persons make or participate in
the making of decisions which may foreseeably have a
material effect on financial interests.
(3) 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,
t sea .1/ Such persons are covered by this Code for
disqualification purposes only. With respect to all
21 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.
-5- Exhibit A Resol 84-7
other designated employees,ees, the disclosure categories
Appendix specify forth in the Appen ecify which kinds of -P
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
• she foreseeably can affect
interests which he or
materially through the conduct of his or her office.
(4) !!ctior1A. Statements of Economic
I
nterests : Place of F ilin .
' n body code reviews g Y shall instruct all
i
designated employees required to
file statements of
des g
economic interests pursuant to this Conflict of
Interest Code to file in
accordance with one of the
following procedures :?/
(A) All designated nated employees shall file
statements of economic interests with the agency.
Upon receipt of
the statements of economic
agency of the head of t he g ency and members of
boards or commissions not under a department of
code Section 81010 and 2 Cal. Adm.
2/ See Government Code S officers and persons
-' the duties of filing of f is d
Code Section 18115 for copies of statements and forward agencies who make and retain cop
in ag
th
e originals to. the filing
officer-
.
Reeol 84-
Exhibit A
-6-
state or local government, the agency shall make
and retain a copy of each and forward the
originals of these statements to the code
reviewing body, which shall be the filing officer
with respect to these statements. Such statements
shall be forwarded to the code reviewing body
within five days after the filing deadline or five
days after receipt in the case of statements filed
late.
(8) All designated employees shall file
statements of economic interests with the agency,
which shall make and retain a copy and forward the
originals to the code reviewing body, which shall
be the filing officer.
(C) All designated employees shall file
statements of economic interests with the code
reviewing body.
(5) 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 thirty 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
_�_ Exhibit A Resol 84-7
S
statement within thirty day
shall file an initial s
after the effective date of the amendment.
(B) As umin O f
f ice Statements. All persons
assuming designated positions after the effective
date of this Code shall file statements within
thirty days after assuming the designated
positions
• , or if subject to State Senate •
•
confirmation, thirty days after being nominated or
appointed.
(C) Annual Statements . All designated
statements no later than
employees shall file st
P
April 1.
(D) Itaying_glice_flatements.
All persons
designated who leave design P ositions shall file
thirty statements within t Y days after leaving
office.
(6) Sect ion 6- Contents o f and Period Covered
S to tcm
b
ents of Economic Interests.
'
(A) Contents of Initi al Statements . Initial
statements shall
disclose any reportable
invinvestments, interests in real property and
business positions held on the effective date of
the Code.
(B) Contents of Ass
umin Office Statements.
Assuming office
statements shall disclose any
portable inVeStments, interests in real property
and business positions held on the date of
•
. A Resol 84-;
Exhibit
-8-
assuming office or, if subject to State Senate
confirmation or appointment, on the date of
nomination.
(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.
(7) 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
•
•
_9- Exhibit A Resol 84-7
real property3/ is required to be reportea,=!
_
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;
statement whether the fair market
4. A s
value of the investment or interest in real
property rt exceeds one thousand dollars
($1,000) , exceeds ten thousand dollars
($10,000) , or exceeds one hundered thousand
dollars ($100,000) .
• e only (not disquali-
fication) ,. 3/ For the purpose of dlsclosur y the
_ real property does not include
an interest in P
pr P
principal residence of the filer.
property which interests in real
4/ Investments and in
have a fair market ket value of less than $1,000 a re not investments
in property within the meaning of the
and interests in real pr P y nts or interests in real
a l Reform Act. However, investments
those held by the individual' s
rt of an individual include t rata share of any
property pro rat
d de endent children as well as a P entity
and P sal property of any business e y
investment or interest• in, r • p and dependent children
which the individual, spouse p rest
or trust in direct, indirect or beneficial interest in the aggregate, a dir �
of 10 percent or greater.
Exhibit A Resol 84-7
-10-
(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 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 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) , or 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 of the gift; and the date on
which the gift was received;
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 .
-11- _ Exhibit A Resol 84-7
5. In the
case of a loan, the annual
interest r
interest rate and the security, if any, given
for the loan.
'
(C) Business Entlt Income Disclosure. When
entity,income of a business , including income of a e Y
ietorship, is required to be
sole propr
reported,_
6/ the statement shall contain:
The name, address, and a genera
{l
1
description of the business activity of the
business entity;
2. The name of every person from whom
received the business entity re 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) Bus in
ess Position Disclosure. When
business positions are required to be reported, a q
designated employee
shall list the name and
address of each business entity in which he or she
is a dire
is director, officer, partner, trustee,
employee, or i
em in which he e or she holds any position
of management,
a description of the business
activity in which the business iness entity is engaged,
• entity is reportable if the
6/ Income of a business y filer and the
. indirect beneficial interest of the filer or
direct, indirect or ben it aggregates a 10 percent o
spouse in the business entity gg persons who
greater filer' s sP addition, the disclosure of p
neater interest. In a required only
g ers of a business entity is
are clients or customers if the clients or customers are within one of the disclosure
categories of the filer.
Exhibit R�es01 84-?
A
-12-
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.
(8) Section 8. Disqualification.
No designated employee shall make, participate in -
making, or use his or her official positions to
influence the making of any governmental decision which
will foreseeably have a material financial effect ,
distinguishable from its effect on the public
generally, on :
(A) Any business entity in which the
designated employee has a direct or indirect
investment worth more than one thousand dollars
($1,000) ;
(8) Any real property in which the
designated employee has a direct or indirect
interest worth more than one thousand dollars
($1,000) ;
(C) Any source of income, other than loans
by a commercial lending institution in the regular
course of business on terms available to the
Exhibit bit A Resol 84-7
public without regard to official status,
fifty dollars ($250) or
two hundred f Y
aggregating ed
in value provided to,
received by or Prowls
more
the designated employee
within twelve months
to
. or
prior to the tine
when the decision is ma e•
. � in which the
Any business Hess ent ity
is director, officer,
employee �,s �
designated
r trustee, employee, or holds any position
II/ pa rtne ►
of manage1ent.
No designated employee shall be prevented from
• kin o f any decision
• participating in the making making o r par P
his participation is legally
extent his or her part P
to the ext that
be made. The fact t
• d for the decision to
required
designated employee who is on a voting
the vote of her
tie does not make his or
is needed to break a
body of this
required for purposes tici q
gar
participation legally P
section.
(9) Section 9 . Mnn c
ae
of Dis alif ication.
determines that he or
When
a designated employee
make a governmental
decision because he
she should not ma
has a financial interest in it, the
or she 'ed b
determination not to act
must be accompanied Y
determ
In the case of a
financial interest.disclosure of the be
disclosure shall
this determination and
voting body► this
� al record; in the case
made part o f
the agency 's of f is i
the head of an agency,
' Hated employee who s
of a designated
shall be made in
this determination and disclosure
R�esol 84-
Exhibit A
-14-
writing to his or her appointing authority; and in the
case of other designated employees, this determination
and disclosure shall be made in writing to the
designated employee's supervisor.
(10) Section 10. 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.
(11) Section 11. 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 - 91014. In addition, a
decision in relation to which a violation of the
disqualification provisions of this Code or of
Government Code Section 8 710 0 has occurred may be set
Exhibit A Resol 84-7
-15- _
aside as void pursuant to Government Code Section
91003.
(Gov. Code Sections 87300-87302)
History: (1) New section filed as emergency 4/2/80 ;
effective upon filing.
(2) Amendment (b) filed 1/9/81; effective
2/8/81.
(3) Amendment to (b) (7) (B) 1. ; filed
12/27/82; effective 1/26/83.
(4) Amendment to fn. 4 filed 11/10/83;
effective 12/12/83.
•
-16- Exhibit A Resol 84-7