IA RES 2014-011 RESOLUTION NO. IA 2014-11
A RESOLUTION OF THE RANCHO PALOS VERDES IMPROVEMENT
AUTHORITY ADOPTING AN AMENDED CONFLICT OF INTEREST
CODE AND REPEALING RESOLUTION NO. IA 2012-11.
THE RANCHO PALOS VERDES IMPROVEMENT AUTHORITY DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. The Political Reform Act, Government Code Section 81000, et
seq., requires the Rancho Palos Verdes Improvement Authority ("Authority") to adopt a
conflict of interest code for each department of the Authority.
Section 2. The Fair Political Practices Commission ("FPPC") 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
Authority 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. IA 2012-11, the Authority adopted
a Conflict of Interest Code containing designated positions and disclosure categories.
By this Resolution, the Authority is adopting an updated Conflict of Interest Code with
those same designated positions and disclosure categories, and the addition of three
designated positions. Additionally, this amendment to the Authority's Conflict of Interest
Code is inclusive of the 2014 version of the Model Code, as updated by the FPPC,
rather than the 2012 version of the Model Code.
Section 4. The Model Code, attached hereto as Exhibit "A" and any
amendments to it duly adopted by the Fair Political Practices Commission from time to
time, and Appendix A, which sets forth the designated positions and the disclosure
categories for each position of the Authority, are hereby incorporated by reference and
shall constitute the Conflict of Interest Code for the Rancho Palos Verdes Improvement
Authority.
Section 5. Persons holding designated positions listed in Appendix A to
this Resolution shall file Statements of Economic Interest pursuant to Section 5 of the
Conflict of Interest Code (2 California Code of Regulations 18730(b)(5)) with the
information required for the disclosure category assigned to them.
Section 6. The Authority hereby directs the Secretary of the Authority and
the Authority 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 Authority 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. IA 2012-11 is hereby repealed in its entirety.
Section 8. The Secretary of the Authority shall certify to the passage and
adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 2nd day of September 2014.
hairman
Attest:
S... Commission Secretary
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, Secretary to the Rancho Palos Verdes Improvement
Authority hereby certify that the above Resolution No. IA 2014-11 was duly and
regularly passed and adopted by the said City Council at a regular meeting thereof held
on September 2, 2014.
Commission Secretary
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EXHIBIT A
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California
Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) ) Incorporation by reference of the terms of this regulation along with the
designation of employees and the formulation of disclosure categories in the Appendix
referred to below constitute the adoption and promulgation of a conflict of interest code
within the meaning of Section 87300 or the amendment of a conflict of interest code
within the meaning of Section 87306 if the terms of this regulation are substituted for
terms of a conflict of interest code already in effect. A code so amended or adopted and
promulgated requires the reporting of reportable items in a manner substantially
equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act,
Sections 81000, et seq . The requirements of a conflict of interest code are in addition to
other requirements of the Political Reform Act, such as the general prohibition against
conflicts of interest contained in Section 87100, and to other state or local laws
pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated
pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the
Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments
to the Act or regulations, are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees.
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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 economic interests.
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated
employees who are also specified in 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 economic
interests pursuant to article 2 of chapter 7 of the Political Reform Act, 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, Section 87200; and
(C) The filing officer is the same for both agencies.'
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 economic interests are reportable. Such a designated
employee shall disclose in his or her statement of economic interests those economic
interests he or she has which are of the kind described in the disclosure categories to
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which he or she is assigned in the Appendix. It has been determined that the economic
interests set forth in a designated employee's disclosure categories are the kinds of
economic interests which he or she foreseeably can affect materially through the
conduct of his or her office.
(4) 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.2
(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 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. If a person reports for military service as defined in the Servicemember's
Civil Relief Act, the deadline for the annual statement of economic interests is 30 days
following his or her return to office, provided the person, or someone authorized to
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represent the person's interests, notifies the filing officer in writing prior to the applicable
filing deadline that he or she is subject to that federal statute and is unable to meet the
applicable deadline, and provides the filing officer verification of his or her military
status.
(D) Leaving Office Statements. All persons who leave designated positions shall
file statements within 30 days after leaving office.
(5.5) 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.
(6) Section 6. Contents of and Period Covered by Statements of Economic
Interests.
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(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 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, or for a board or commission member
subject to Section 87302.6, the day after the closing date of the most recent statement
filed by the member pursuant to Regulation 18754.
(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.
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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) ) Investment and Real Property Disclosure.
When an investment or an interest in real property3 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 equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds
$1,000,000.
(B) Personal Income Disclosure. When personal income is required to be
reported,5 the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in
value, or $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 $1,000 or less,
greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
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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,6 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 $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.
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(8) 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 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 Section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of$440.
(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
$440 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 Section 89503 shall apply to the prohibitions in
this section.
(8.2) Section 8.2. Loans to Public Officials.
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(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,
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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
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.
(8.3) 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
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he or she vacates office, receive a personal loan of$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.
(8.4) 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:
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:
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a. The date the loan was made.
b. The date the last payment of$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 $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.
(9) 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
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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 $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect
interest worth $2,000 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 $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 $440 or more provided to, received by, or promised to the designated
employee within 12 months prior to the time when the decision is made.
(9.3) 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.
(9.5) Section 9.5. Disqualification of State Officers and Employees.
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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
$1,000 or more.
(10) 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.
(11) 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 Section
83114 and Regulations 18329 and 18329.5 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.
(12) Section 12. Violations.
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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, Sections 81000-91014. In addition, a decision in
relation to which a violation of the disqualification provisions of this code or of Section
87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
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 Section 81004.
2 See Section 81010 and Regulation 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
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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.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e),
87300-87302, 89501, 89502 and 89503, Government Code.
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RESOLUTION NO. IA 2014-11 APPENDIX A
Conflict of Interest Code
Designated Positions and Disclosure Categories
for the Rancho Palos Verdes Improvement Authority ("Authority")
Designated Positions Disclosure Categories
Authority Board Member 1
Chief Administrative Officer 1
Assistant Chief Administrative Officer 2
Director of Finance 2
Deputy Director of Finance 2
Information Technology Manager 2
Community Development Director 2
Community Development Deputy Director 2
Building Official 2
Director of Public Works 2
Director of Recreation and Parks 2
Commission Secretary 2
Senior Engineer 2
Senior Planner 2
Principal Planner 2
Planning Administrator 2
Treasurer 1
Authority General Counsel 1
Authority Engineer 2
Authority Geologist 2
Project Manager 2
Engineer Technician 2
Consultant 3
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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 Rancho Palos Verdes Improvement Authority.
2. Persons holding designated positions which are assigned a disclosure category of
"2" above are not required to prepare a separate Statement of Economic Interest
(Form 700)for their position with the Authority 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 Authority in Section 1 of Form 700 that they file with the City. Persons in this
category"2"are, however, subject to the disqualification provisions of this Code when
acting in their official capacity for the Authority.
3. For consultants who serve in a staff capacity with the Authority, the consultant shall
disclose based on the disclosure categories assigned elsewhere in this code for that
staff position.
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 Chief Administrative Officer 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 Chief Administrative Officer'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, Schedule C).
C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).
D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E).
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