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RPVCCA_CC_SR_2014_09_02_I_ Biennial_Update_Conflict_of_Interest_CodeCITY OF RANCHO PALOS VERDES MEMORANDUM TO: FROM: DATE: HONORABLE MAYOR AND MEMB~ 1 0F THE CITY COUNCIL CARLA MORREALE, CITY CLERK~ SEPTEMBER 2, 2014 SUBJECT: BIENNIAL UPDATE OF THE CITY'S CONFLICT OF INTEREST CODE _Rl;VIEWED: CAROLYNN PETRU, CITY MANAGE~ RECOMMENDATION 1) Receive and file the 2014 Local Agency Biennial Notice for the City of Rancho Palos Verdes, Successor Agency to the Rancho Palos Verdes Redevelopment Agency, and the Rancho Palos Verdes Improvement Authority indicating that the Conflict of Interest Code for these agencies must be amended; and, 2) ADOPT RESOLUTION NO. 2014- _, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING A CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING RESOLUTION NO. 2012-64. INTRODUCTION Adoption of this proposed resolution will update the City's Conflict of Interest Code to reflect those changes that have occurred since the last update in September 2012 and will also incorporate non-substantive legislative changes made to the Fair Political Practices Commission's (FPPC) model code. (Note: A similar report and resolution will appear on the agenda for the Successor Agency to the Redevelopment Agency and the Improvement Authority this evening.) BACKGROUND The City has adopted by reference the FPPC's model Conflict of Interest Code that contains certain designated positions and disclosure categories. Government Code Section 87306 requires that cities amend their code during even numbered years to I-1 Biennial Update of the City's Conflict of Interest Code September 2, 2014 Page 2 of 2 reflect the creation of new positions, deletion of positions, changes in any titles, as well as any changes made to the Political Reform Act. Since the City's code was last amended in September 2012, the following changes have occurred in the City's reporting schedules: • The positions of Director of Finance/Information Technology and Deputy Director of Finance/Information Technology have been modified to Director of Finance and Deputy Director of Finance, respectively, on the City's list of job titles in the Administrative Department (Appendix A). • The position of Information Technology Manager has been added to the City's list of j<?b titles in the Administrative Department (Appendix A). Since 2012, when the City last updated its Conflict of Interest Code, the FPPC has made only two substantive changes to its model code. First, the gift limit has been r.aised from $420 dollars to $440 dollars. Second, additional language has been added to provide service members additional time to file annual statements if called to duty. The revised model code is attached hereto as Exhibit "A". CONCLUSION Since 2012, certain changes have occurred in the City's job titles and in the FPPC's model code that require the City's Conflict of Interest Code be updated. The attached Resolution and Appendices have been reviewed by the City Attorney's Office. Attachments: 2014 Local Agency Biennial Notices Resolution No. 2014-_, Adopting an Amended Conflict of Interest Code Exhibit "A" to Resolution Appendices A-D to Resolution I-2 2014 Local Agency Biennial Notice Name of Agency: City of Rancho Palos Verdes Mailing Address: 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275 Contact Person: Carla Morreale carlam@rpv.com E-Mail: Phone No: (310) 544-5208 ~~~~~~~~~~~~~~~~~~~~ Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one box): EJ An amendment is required. The following amendments are necessary: (Mark all that apply.) • Include new positions (including consultants) that must be designated o Revise disclosure categories • Revise the titles of existing positions o Delete positions that no longer make or participate in making governmental decisions ~ Other (describe) Changes to the FPPC's Model Code O The code is currently under review by the code reviewing body. O No amendment is required. (If your code is more than five years old, amendments may be necessary.) Verification This agency's conflict of interest code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions. The code includes all other provisions required by Government Code Section 87302. Complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2014, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF THE CODE REVIEWING BODY HERE) City of Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275 PLEASE DO NOT RETURN THIS FORM TO THE FPPC California Fair Political Practices Commission www .fppc.ca.gov 866-275-3772 advice@fppc.ca.gov 6/14 I-3 2014 Local Agency Biennial Notice Name of Agency: Successor Agency to the Redevelopment Agency Mailing Address: 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275 Contact Person: Carla Morreale carlam@rpv.com E-Mail: Phone No: (310) 544-5208 ---------------------------------------- Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one box): t] An amendment is required. The following amendments are necessary: (Mark all that apply.) • Include new positions (including consultants) that must be designated o Revise disclosure categories • Revise the titles of existing positions o Delete positions that no longer make or participate in making governmental decisions ~ Other (describe) Changes to the FPPC's Model Code O The code is currently under review by the code reviewing body. O No amendment is required. (If your code is more than five years old, amendments may be necessary.) Verification This agency's conflict of interest code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income that may foreseeablYbe affected materially by the decisions made by those holding designated positions. The code includes all other provisions required by Government Code Section 87302. §l9natOf Chlef Executive Officer Complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2014, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF THE CODE REVIEWING BODY HERE) City of Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275 PLEASE DO NOT RETURN THIS FORM TO THE FPPC California Fair Political Practices Commission www .fppc.ca.gov 866-275-3772 advice@fppc.ca.gov 6/14 I-4 2014 Local Agency Biennial Notice Name of Agency: Rancho Palos Verdes Improvement Authority MailingAddress: 30940 Hawthorne Blvd .. Rancho Palos Verdes. CA 90275 Contact Person: Carla Morreale carlam@rpv.com E-Mail: Phone No: {310) 544-5208 ~-,.-~~~~~~~~~~~~~~~~~~ Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one box): 0 An amendment is required. The following amendments are necessary: (Mark all that apply.) • Include new positions (including consultants) that must be designated o Revise disclosure categories • Revise the titles of existing positions o Delete positions that no longer make or participate in making governmental decisions t> Other (describe) Changes to the FPPC's Model Code O The code is currently under review by the code reviewing body. O No amendment is required. (If your code is more than five years old, amendments may be necessary.) Verification This agency's conflict of interest code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions. The code includes all other provisions required by Government Code Section 87302. Complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2014, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF THE CODE REVIEWING BODY HERE) City of Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275 PLEASE DO NOT RETURN THIS FORM TO THE FPPC California Fair Political Practices Commission www .fppc.ca.gov 866-275-3772 advice@fppc.ca.gov 6/14 I-5 RESOLUTION NO. 2014-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES, AND REPEALING RESOLUTION NO. 2012-64. THE CITY COUNCIL 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 City of Rancho Palos Verdes ("City") to adopt a conflict of interest code for each department of the City. 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 City 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. 2012-64, the City adopted a Conflict of Interest Code containing designated positions and disclosure categories. By this Resolution, the City is adopting an updated Conflict of Interest Code containing revised 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 from time to time, and Appendices A-D are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City for the following departments: A. Administrative Department; B. Community Development Department; C. Public Works Department; and D. Recreation and Parks Department. Section 5: Persons holding designated positions listed in Appendices 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 City Council hereby directs the City Clerk and City Attorney 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 City I-6 Clerk 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. 2012-64 of the City is hereby repealed in its entirety. Section 8: The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED this 2nd day of September 2014. Mayor Attest: City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2014-_, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on September 2, 2014. City Clerk Resolution No. 2014-_ Page 2 of 2 I-7 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 197 4, 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. I-8 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.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 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 I-9 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 I-10 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. I-11 (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. I-12 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; I-13 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. I-14 (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. I-15 (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, I-16 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 (8), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date I-17 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: I-18 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 I-19 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. I-20 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. I-21 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 forthe 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 I-22 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 1 O 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. I-23 APPENDIX A ADMINISTRATIVE DEPARTMENT Designated Position Mayor and Council Member City Manager Deputy City Manager Assistant to the City Manager Senior Administrative Analyst Director of Finance -Deputy Director of Finance City Treasurer City Clerk City Attorney Assistant City Attorney Human Resources Manager Information Technology Manager Consultant Disclosure Categories 1 1 2,3,4,5 2,3,4,5 2, 3,4,5 2,3,4,5 2, 3,4, 5 1 5,6, 7 1 2,3,4,5 2, 3,4,5 5,6, 7 8 Resolution No. 2014- Appendix A Page 1of3 I-24 ADMINISTRATIVE DEPARTMENT DISCLOSURE CATEGORIES 1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200. No additional disclosure is required by this Conflict of Interest Code. 2. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B). 3. Reportable income and business positions. (FPPC Form 700, Schedule C). 4. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2). 5. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E). 6. Reportable income from persons and business entities, and reportable business positions in business entities, that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies, public works or services to the City under the supervision, direction or control of the Administrative Department. (FPPC Form 700, Schedule C). 7. Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies, public works or services to the City under the supervision, direction or control of the Administrative Department. (FPPC Form 700, Schedules A-1 and A-2). 8. For consultants who serve in a staff capacity with the City, 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 for the City, 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 City Manager 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 City Manager'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. Resolution No. 2014- Appendix A Page 2 of 3 I-25 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). 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). C:\Users\Synergy\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\F9GEIJQU\20140902 Reso Appendix A (Admin).doc Resolution No. 2014- Appendix A Page 3 of 3 I-26 APPENDIX B COMMUNITY DEVELOPMENT DEPARTMENT Designated Position Planning Commissioner Community Development Director Community Development Deputy Director Building Official Principal Planner Senior Planner Associate Planner Assistant Planner Open Space & Trails Manager City Engineer Senior Building Inspector Building Inspector Code Enforcement Officer Consultant Disclosure Categories 1 2,3,4,5 2, 3,4, 5 2, 3,4, 5 2,5,6, 7 2,5,6, 7 2,5,6, 7 2,5,6, 7 2,5,6, 7 2,5,8,9 2, 5,8,9 2, 5, 8,9 2,5,8,9 10 Resolution No. 2014- Appendix B Page 1of3 I-27 COMMUNITY DEVELOPMENT DEPARTMENT DISCLOSURE CATEGORIES 1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200. No additional disclosure is required by this Conflict of Interest Code. 2. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B). 3. Reportable income and business positions. (FPPC Form 700, Schedules C). 4. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2). 5. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E). 6. Reportable income from persons and business entities, and reportable business positions in business entities, having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies, public works or services within the jurisdiction subject to the inspection, review or approval of the Community Development Department. (FPPC Form 700, Schedule C). 7. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies, public works or services within the jurisdiction subject to the inspection, approval or review of the Community Development Department. (FPPC Form 700, Schedules A-1 and A-2). 8. Reportable income from persons and business entities, and reportable business positions in business entities, having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services to a third party that are subject to the review or approval of the City Engineer, Building Official or Building Inspector. (FPPC Form 700, Schedule C, ). 9. Reportable investments in any business entities having an interest in real property in the jurisdiction that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services to a third party that are subject to the review or approval of the City Engineer, Building Official or Building Inspector. (FPPC Form 700, Schedules A-1 and A-2). Resolution No. 2014- Appendix B Page 2 of 3 I-28 10. For consultants who serve in a staff capacity with the City, 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 with the City, 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 City Manager 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 City Manager'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). 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). C:\Users\Synergy\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\F9GEIJQU\20140902 Raso Appendix B (Comm Develop).doc Resolution No. 2014- Appendix B Page 3 of 3 I-29 APPENDIX C PUBLIC WORKS DEPARTMENT Designated Position Director of Public Works Deputy Director of Public Works Senior Administrative Analyst City Engineer Senior Engineer Associate Engineer Assistant Engineer Maintenance Superintendent City Geologist(s) consultant(s) Contract Manager Assistant Contract Manager Project Manager Engineer Technician Consultant Disclosure Categories 1, 2, 3, 4 1,2,3,4 1, 4, 5, 6 1, 4, 5, 6 1, 4, 5, 6 1, 4, 5, 6 1, 4, 5, 6 1,2,3,4 1, 4, 5, 6 1,2,3,4 1, 2, 3, 4 1,2,3,4 1, 4, 5, 6 7 Resolution No. 2014- Appendix C Page 1of3 I-30 PUBLIC WORKS DEPARTMENT DISCLOSURE CATEGORIES 1. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B). 2. Reportable income and business positions. (FPPC Form 700, Schedule C). 3. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2). 4. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E). 5. Reportable income from persons and business entities, and reportable business positions in business entities, having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies services or public works within the jurisdiction subject to the inspection, review or approval of the Public Works Department. (FPPC Form 700, Schedule C). 6. Reportable investments from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies, services or public works within the jurisdiction subject to the inspection, review or approval of the Public Works Department. (FPPC Form 700, Schedules A-1 and A-2). 7. 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. 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 City Manager 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 City Manager'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). Resolution No. 2014- Appendix C Page 2 of 3 I-31 B. Reportable income and business positions. (FPPC Form 700, Schedules 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). C:\Users\Synergy\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\FSGEIJQU\20140902 Raso Appendix C (Public Works).doc Resolution No. 2014- Appendix C Page 3 of 3 I-32 APPENDIX D RECREATION AND PARKS DEPARTMENT Designated Position Director of Recreation and Parks Senior Administrative Analyst Recreation Services Manager Disclosure Categories 1,2,3,4 1,2,3,4 1,2,3,4 Resolution No. 2014- Appendix D Page 1of2 I-33 RECREATION AND PARKS DEPARTMENT DISCLOSURE CATEGORIES 1. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B). 2. Reportable income from persons and business entities, and reportable business positions in business entities, that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies, public works or services to the City under the supervision, direction or control of the Recreation and Parks Department. (FPPC Form 700, Schedule C). 3. Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies, public works or services to the City under the supervision, direction or control of the Recreation and Parks Department. (FPPC Form 700, Schedules A-1 and A-2). 4. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E). Resolution No. 2014- Appendix D Page 2 of 2 I-34