SA SR 20200707 B - SA 2020 Biennial Conflict of Interest
SUCCESSOR AGENCY MEETING DATE: 07/07/2020
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA ITEM:
Consideration and possible action to adopt an amended Conflict of Interest Code
prepared by the Fair Political Practices Commission for the Successor Agency to the City of
Rancho Palos Verdes.
RECOMMENDED COUNCIL ACTION:
(1) Receive and file the 2020 Local Agency Biennial Notice for the Successor
Agency to the City of Rancho Palos Verdes to amend the Conflict of Interest
Code; and,
(2) Adopt Resolution No. SA 2020-___, A RESOLUTION OF THE SUCCESSOR
AGENCY TO THE CITY OF RANCHO PALOS VERDES, ADOPTING AN
AMENDED CONFLICT OF INTEREST CODE PREPARED BY THE FAIR
POLITICAL PRACTICES COMMISSION CONTAINING REVISED DESIGNATED
POSITIONS AND DISCLOSURE CATEGORIES; AND REPEALING
RESOLUTION NO. SA 2018-08.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Teresa Takaoka, Deputy City Clerk
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. 2020 Local Agency Biennial Notice (page A-1)
B. Resolution No. SA 2020-__, Adopting an Amended Conflict of Interest
Code (page B-1)
C. Exhibit “A” to Resolution – FPPC Model Code (page C-1)
D. Appendix A to Resolution (page D-1)
BACKGROUND AND DISCUSSION:
The adoption of this proposed resolution will update the Successor Agency’s Conflict of
Interest Code to reflect those changes that have occurred since the last update in
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September 2018. It will also incorporate non-substantive legislative changes made to
the Fair Political Practices Commission’s (FPPC) model code. The Successor Agency
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 reflect the
creation of new positions, the deletion of positions, changes in any titles, as well as any
changes made to the Political Reform Act. Since the Successor Agency’s code was last
amended in September 2018, the following changes have occurred in the City’s
reporting schedules:
The positions of Contract Manager and Assistant Contract Manager have been
removed. (Appendix C).
The position of Open Space and Trails Manager has been added. (Appendix D)
Since 2018, when the Successor Agency last updated its Conflict of Interest Code, the
FPPC has increased the gift limit under the Model Conflict of Interest Code from $470 to
$500. The revised model code will be attached to the draft Resolution as Exhibit A.
CONCLUSION:
Since 2018, specific changes have occurred in the Successor Agency’s job titles and in
the FPPC’s model code that requires the City’s Conflict of Interest Code to be updated.
The City Attorney’s Office has reviewed the attached resolution and appendices.
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__________________________________________ _________________________
2020 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
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):
❑An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or
participate in making governmental decisions
Other (describe)
❑The code is currently under review by the code reviewing body.
❑No amendment is required. (If your code is over five years old, amendments may be
necessary.)
Verification (to be completed if no amendment is required)
This agency’s code accurately designates all positions that make or participate in the maki ng of governmental
decisions. The disclosure assigned to those positions accurately requires that 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 are reported. The code includes all other provisions
required by Government Code Section 87302.
Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or
amended. Please return this notice no later than October 1, 2020, or by the date specified by your agency, if
earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fppc.ca.gov
FPPC Advice: advice@fppc.ca.gov (866.275.3772)
Page 1 of 1 A-1
RESOLUTION NO. SA 2020-__
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SUCCESSOR AGENCY TO THE RANCHO PALOS
VERDES REDEVELOPMENT AGENCY ADOPTING AN
AMENDED CONFLICT OF INTEREST CODE PREPARED
BY THE FAIR POLITICAL PRACTICES COMMISSION
CONTAINING DESIGNATED POSITIONS AND
DISCLOSURE CATEGORIES; AND REPEALING
RESOLUTION NO. SA 2018-08.
THE SUCCESSOR AGENCY TO THE RANCHO PALOS VERDES
REDEVELOPMENT AGENCY DOES HEREBY FIND, RESOLVE AND ORDER AS
FOLLOWS:
Section 1. The Political Reform Act, Government Code Section 81000, et
seq., requires the Successor Agency to the Rancho Palos Verdes Redevelopment
Agency (“Agency”) to adopt a conflict of interest code for each department of the
Agency.
Section 2. The Fair Political Practices Commission has adopted a Model
Conflict of Interest Code (the “Model Code”). The Model Code, codified at 2 California
Code of Regulations Section 18730, can be incorporated by reference by the Agency as
its conflict of interest code. That Model Code will be amended by the Fair Political
Practices Commission from time to time to conform to amendments to the Political
Reform Act.
Section 3. Pursuant to Resolution No. SA 2018-08, the Agency adopted a
Conflict of Interest Code containing designated positions and disclosure categories. By
this Resolution, the Agency is adopting an updated Conflict of Interest Code containing
revised designated positions and disclosure categories. Additionally, this amendment to
the Agency’s Conflict of Interest Code is inclusive of the 2018 version of the Model
Code as amended in October 2018.
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 Agency, are hereby incorporated by reference and
shall constitute the Conflict of Interest Code for the Successor Agency to the Rancho
Palos Verdes Redevelopment Agency.
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 CCR 18730(b)(5)) with the information required for the
disclosure category assigned to them.
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Resolution No. SA 2020-__
Page 2 of 2
Section 6. The Successor Agency hereby directs the Agency Secretary
and Agency Counsel to coordinate the preparation of a revised Conflict of Interest Code
in succeeding even-numbered years in accordance with the requirements of
Government Code Sections 87306 and 87306.5. The revised Code should reflect any
changes in department or employee designations. If no revisions to the Code are
required, the Agency Secretary 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. SA 2018-08 is hereby repealed in its entirety.
Section 8. The Agency Secretary shall certify to the passage and
adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 7th day of July 2020.
________________
Chair
Attest:
__________________________
Agency Secretary
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, Emily Colborn, Agency Secretary of the Successor Agency to the
Rancho Palos Verdes Redevelopment Agency hereby certify that the above Resolution
No. SA 2020-__was duly and regularly passed and adopted by the said Successor
Agency to the Rancho Palos Verdes Redevelopment Agency at a regular meeting
thereof held on July 7, 2020.
____________________________
Agency Secretary
B-2
1 Amend 2 Cal. Code Regs., Section 18730 to read:
2 § 18730. Provisions of Conflict of Interest Codes.
3 (a) Incorporation by reference of the terms of this regulation along with the designation
4 of employees and the formulation of disclosure categories in the Appendix referred to below
5 constitute the adoption and promulgation of a conflict of interest code within the meaning of
6 Section 87300 or the amendment of a conflict of interest code within the meaning of Section
7 87306 if the terms of this regulation are substituted for terms of a conflict of interest code
8 already in effect. A code so amended or adopted and promulgated requires the reporting of
9 reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7
10 of the Political Reform Act, Sections 81000, et seq . The requirements of a conflict of interest
11 code are in addition to other requirements of the Political Reform Act, such as the general
12 prohibition against conflicts of interest contained in Section 87100, and to other state or local
13 laws pertaining to conflicts of interest.
14 (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant
15 to this regulation are as follows:
16 (1) Section 1. Definitions.
17 The definitions contained in the Political Reform Act of 1974, regulations of the Fair
18 Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or
19 regulations, are incorporated by reference into this conflict of interest code.
20 (2) Section 2. Designated Employees.
21 The persons holding positions listed in the Appendix are designated employees. It has
22 been determined that these persons make or participate in the making of decisions which may
23 foreseeably have a material effect on economic interests.
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1 (3) Section 3. Disclosure Categories.
2 This code does not establish any disclosure obligation for those designated employees
3 who are also specified in Section 87200 if they are designated in this code in that same capacity
4 or if the geographical jurisdiction of this agency is the same as or is wholly included within the
5 jurisdiction in which those persons must report their economic interests pursuant to article 2 of C-1
6 chapter 7 of the Political Reform Act, Sections 87200, et seq.
7 In addition, this code does not establish any disclosure obligation for any designated
8 employees who are designated in a conflict of interest code for another agency, if all of the
9 following apply:
10 (A) The geographical jurisdiction of this agency is the same as or is wholly included
11 within the jurisdiction of the other agency;
12 (B) The disclosure assigned in the code of the other agency is the same as that required
13 under article 2 of chapter 7 of the Political Reform Act, Section 87200; and
14 (C) The filing officer is the same for both agencies. 1
15 Such persons are covered by this code for disqualification purposes only. With respect to all
16 other designated employees, the disclosure categories set forth in the Appendix specify which
17 kinds of economic interests are reportable. Such a designated employee shall disclose in his or
18 her statement of economic interests those economic interests he or she has which are of the kind
19 described in the disclosure categories to which he or she is assigned in the Appendix. It has been
20 determined that the economic interests set forth in a designated employee's disclosure categories
21 are the kinds of economic interests which he or she foreseeably can affect materially through the
22 conduct of his or her office.
23 (4) Section 4. Statements of Economic Interests: Place of Filing.
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1 The code reviewing body shall instruct all designated employees within its code to file
2 statements of economic interests with the agency or with the code reviewing body, as provided
3 by the code reviewing body in the agency's conflict of interest code. 2
4 (5) Section 5. Statements of Economic Interests: Time of Filing.
5 (A) Initial Statements. All designated employees employed by the agency on the effective
6 date of this code, as originally adopted, promulgated and approved by the code reviewing body,
7 shall file statements within 30 days after the effective date of this code. Thereafter, each person
8 already in a position when it is designated by an amendment to this code shall file an initial
9 statement within 30 days after the effective date of the amendment.
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10 (B) Assuming Office Statements. All persons assuming designated positions after the
11 effective date of this code shall file statements within 30 days after assuming the designated
12 positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
13 (C) Annual Statements. All designated employees shall file statements no later than April
14 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the
15 deadline for the annual statement of economic interests is 30 days following his or her return to
16 office, provided the person, or someone authorized to represent the person's interests, notifies the
17 filing officer in writing prior to the applicable filing deadline that he or she is subject to that
18 federal statute and is unable to meet the applicable deadline, and provides the filing officer
19 verification of his or her military status.
20 (D) Leaving Office Statements. All persons who leave designated positions shall file
21 statements within 30 days after leaving office.
22 (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
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1 Any person who resigns within 12 months of initial appointment, or within 30 days of the
2 date of notice provided by the filing officer to file an assuming office statement, is not deemed to
3 have assumed office or left office, provided he or she did not make or participate in the making
4 of, or use his or her position to influence any decision and did not receive or become entitled to
5 receive any form of payment as a result of his or her appointment. Such persons shall not file
6 either an assuming or leaving office statement.
7 (A) Any person who resigns a position within 30 days of the date of a notice from the
8 filing officer shall do both of the following:
9 (1) File a written resignation with the appointing power; and
10 (2) File a written statement with the filing officer declaring under penalty of perjury that
11 during the period between appointment and resignation he or she did not make, participate in the
12 making, or use the position to influence any decision of the agency or receive, or become entitled
13 to receive, any form of payment by virtue of being appointed to the position.
14 (6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
15 (A) Contents of Initial Statements.
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16 Initial statements shall disclose any reportable investments, interests in real property and
17 business positions held on the effective date of the code and income received during the 12
18 months prior to the effective date of the code.
19 (B) Contents of Assuming Office Statements.
20 Assuming office statements shall disclose any reportable investments, interests in real
21 property and business positions held on the date of as-
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1 suming office or, if subject to State Senate confirmation or appointment, on the date of
2 nomination, and income received during the 12 months prior to the date of assuming office or the
3 date of being appointed or nominated, respectively.
4 (C) Contents of Annual Statements. Annual statements shall disclose any reportable
5 investments, interests in real property, income and business positions held or received during the
6 previous calendar year provided, however, that the period covered by an employee's first annual
7 statement shall begin on the effective date of the code or the date of assuming office whichever
8 is later, or for a board or commission member subject to Section 87302.6, the day after the
9 closing date of the most recent statement filed by the member pursuant to Regulation 18754.
10 (D) Contents of Leaving Office Statements.
11 Leaving office statements shall disclose reportable investments, interests in real property,
12 income and business positions held or received during the period between the closing date of the
13 last statement filed and the date of leaving office.
14 (7) Section 7. Manner of Reporting.
15 Statements of economic interests shall be made on forms prescribed by the Fair Political
16 Practices Commission and supplied by the agency, and shall contain the following information:
17 (A) Investment and Real Property Disclosure.
18 When an investment or an interest in real property 3 is required to be reported, 4 the
19 statement shall contain the following:
20 1. A statement of the nature of the investment or interest;
21 2. The name of the business entity in which each investment is held, and a general
22 description of the business activity in which the business entity is engaged;
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23 3. The address or other precise location of the real property;
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1 4. A statement whether the fair market value of the investment or interest in real property
2 equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
3 (B) Personal Income Disclosure. When personal income is required to be reported,5 the
4 statement shall contain:
5 1. The name and address of each source of income aggregating $500 or more in value, or
6 $50 or more in value if the income was a gift, and a general description of the business activity,
7 if any, of each source;
8 2. A statement whether the aggregate value of income from each source, or in the case of
9 a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater
10 than $10,000, or greater than $100,000;
11 3. A description of the consideration, if any, for which the income was received;
12 4. In the case of a gift, the name, address and business activity of the donor and any
13 intermediary through which the gift was made; a description of the gift; the amount or value of
14 the gift; and the date on which the gift was received;
15 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan
16 and the term of the loan.
17 (C) Business Entity Income Disclosure. When income of a business entity, including
18 income of a sole proprietorship, is required to be reported, 6 the statement shall contain:
19 1. The name, address, and a general description of the business activity of the business
20 entity;
21 2. The name of every person from whom the business entity received payments if the
22 filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
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1 (D) Business Position Disclosure. When business positions are required to be reported, a
2 designated employee shall list the name and address of each business entity in which he or she is
3 a director, officer, partner, trustee, employee, or in which he or she holds any position of
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4 management, a description of the business activity in which the business entity is engaged, and
5 the designated employee's position with the business entity.
6 (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving
7 office statement, if an investment or an interest in real property was partially or wholly acquired
8 or disposed of during the period covered by the statement, the statement shall contain the date of
9 acquisition or disposal.
10 (8) Section 8. Prohibition on Receipt of Honoraria.
11 (A) No member of a state board or commission, and no designated employee of a state or
12 local government agency, shall accept any honorarium from any source, if the member or
13 employee would be required to report the receipt of income or gifts from that source on his or her
14 statement of economic interests. This section shall not apply to any part-time member of the
15 governing board of any public institution of higher education, unless the member is also an
16 elected official.
17 Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this
18 section.
19 This section shall not limit or prohibit payments, advances, or reimbursements for travel
20 and related lodging and subsistence authorized by Section 89506.
21 (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $470 $500.
22 (A) No member of a state board or commission, and no designated employee of a state or
23 local government agency, shall accept gifts with a total value of more than $470 $500 in a
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1 calendar year from any single source, if the member or employee would be required to report the
2 receipt of income or gifts from that source on his or her statement of economic interests. This
3 section shall not apply to any part-time member of the governing board of any public institution
4 of higher education, unless the member is also an elected official.
5 Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this
6 section.
7 (8.2) Section 8.2. Loans to Public Officials.
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8 (A) No elected officer of a state or local government agency shall, from the date of his or
9 her election to office through the date that he or she vacates office, receive a personal loan from
10 any officer, employee, member, or consultant of the state or local government agency in which
11 the elected officer holds office or over which the elected officer's agency has direction and
12 control.
13 (B) No public official who is exempt from the state civil service system pursuant to
14 subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while
15 he or she holds office, receive a personal loan from any officer, employee, member, or consultant
16 of the state or local government agency in which the public official holds office or over which
17 the public official's agency has direction and control. This subdivision shall not apply to loans
18 made to a public official whose duties are solely secretarial, clerical, or manual.
19 (C) No elected officer of a state or local government agency shall, from the date of his or
20 her election to office through the date that he or she vacates office, receive a personal loan from
21 any person who has a contract with the state or local government agency to which that elected
22 officer has been elected or over which that elected officer's agency has direction and control.
23 This subdivision shall not apply to loans made by banks or other financial institutions or to any
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1 indebtedness created as part of a retail installment or credit card transaction, if the loan is made
2 or the indebtedness created in the lender's regular course of business on terms available to
3 members of the public without regard to the elected officer's official status.
4 (D) No public official who is exempt from the state civil service system pursuant to
5 subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while
6 he or she holds office, receive a personal loan from any person who has a contract with the state
7 or local government agency to which that elected officer has been elected or over which that
8 elected officer's agency has direction and control. This subdivision shall not apply to loans made
9 by banks or other financial institutions or to any indebtedness created as part of a retail
10 installment or credit card transaction, if the loan is made or the indebtedness created in the
11 lender's regular course of business on terms available to members of the public without regard to
12 the elected officer's official status. This subdivision shall not apply to loans made to a public
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13 official whose duties are solely secretarial, clerical, or manual.
14 (E) This section shall not apply to the following:
15 1. Loans made to the campaign committee of an elected officer or candidate for elective
16 office.
17 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild,
18 brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first
19 cousin, or the spouse of any such persons, provided that the person making the loan is not acting
20 as an agent or intermediary for any person not otherwise exempted under this section.
21 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
22 4. Loans made, or offered in writing, before January 1, 1998.
23 (8.3) Section 8.3. Loan Terms.
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1 (A) Except as set forth in subdivision (B), no elected officer of a state or local
2 government agency shall, from the date of his or her election to office through the date he or she
3 vacates office, receive a personal loan of $500 or more, except when the loan is in writing and
4 clearly states the terms of the loan, including the parties to the loan agreement, date of the loan,
5 amount of the loan, term of the loan, date or dates when payments shall be due on the loan and
6 the amount of the payments, and the rate of interest paid on the loan.
7 (B) This section shall not apply to the following types of loans:
8 1. Loans made to the campaign committee of the elected officer.
9 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent,
10 grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
11 uncle, or first cousin, or the spouse of any such person, provided that the person making the loan
12 is not acting as an agent or intermediary for any person not otherwise exempted under this
13 section.
14 3. Loans made, or offered in writing, before January 1, 1998.
15 (C) Nothing in this section shall exempt any person from any other provision of Title 9 of
16 the Government Code.
17 (8.4) Section 8.4. Personal Loans.
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18 (A) Except as set forth in subdivision (B), a personal loan received by any designated
19 employee shall become a gift to the designated employee for the purposes of this section in the
20 following circumstances:
21 1. If the loan has a defined date or dates for repayment, when the statute of limitations for
22 filing an action for default has expired.
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1 2. If the loan has no defined date or dates for repayment, when one year has elapsed from
2 the later of the following:
3 a. The date the loan was made.
4 b. The date the last payment of $100 or more was made on the loan.
5 c. The date upon which the debtor has made payments on the loan aggregating to less
6 than $250 during the previous 12 months.
7 (B) This section shall not apply to the following types of loans:
8 1. A loan made to the campaign committee of an elected officer or a candidate for
9 elective office.
10 2. A loan that would otherwise not be a gift as defined in this title.
11 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which
12 the creditor has taken reasonable action to collect the balance due.
13 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which
14 the creditor, based on reasonable business considerations, has not undertaken collection action.
15 Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this
16 paragraph has the burden of proving that the decision for not taking collection action was based
17 on reasonable business considerations.
18 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately
19 discharged in bankruptcy.
20 (C) Nothing in this section shall exempt any person from any other provisions of Title 9
21 of the Government Code.
22 (9) Section 9. Disqualification.
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1 No designated employee shall make, participate in making, or in any way attempt to use
2 his or her official position to influence the making of any governmental decision which he or she
3 knows or has reason to know will have a reasonably foreseeable material financial effect,
4 distinguishable from its effect on the public generally, on the official or a member of his or her
5 immediate family or on:
6 (A) Any business entity in which the designated employee has a direct or indirect
7 investment worth $2,000 or more;
8 (B) Any real property in which the designated employee has a direct or indirect interest
9 worth $2,000 or more;
10 (C) Any source of income, other than gifts and other than loans by a commercial lending
11 institution in the regular course of business on terms available to the public without regard to
12 official status, aggregating $500 or more in value provided to, received by or promised to the
13 designated employee within 12 months prior to the time when the decision is made;
14 (D) Any business entity in which the designated employee is a director, officer, partner,
15 trustee, employee, or holds any position of management; or
16 (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating
17 $470 $500 or more provided to, received by, or promised to the designated employee within 12
18 months prior to the time when the decision is made.
19 (9.3) Section 9.3. Legally Required Participation.
20 No designated employee shall be prevented from making or participating in the making
21 of any decision to the extent his or her participation is legally required for the decision to be
22 made. The fact that the vote of a designated employee who is on a voting body is needed to break
23 a tie does not make his or her participation legally required for purposes of this section.
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1 (9.5) Section 9.5. Disqualification of State Officers and Employees.
2 In addition to the general disqualification provisions of section 9, no state administrative
3 official shall make, participate in making, or use his or her official position to influence any
4 governmental decision directly relating to any contract where the state administrative official C-10
5 knows or has reason to know that any party to the contract is a person with whom the state
6 administrative official, or any member of his or her immediate family has, within 12 months
7 prior to the time when the official action is to be taken:
8 (A) Engaged in a business transaction or transactions on terms not available to members
9 of the public, regarding any investment or interest in real property; or
10 (B) Engaged in a business transaction or transactions on terms not available to members
11 of the public regarding the rendering of goods or services totaling in value $1,000 or more.
12 (10) Section 10. Disclosure of Disqualifying Interest.
13 When a designated employee determines that he or she should not make a governmental
14 decision because he or she has a disqualifying interest in it, the determination not to act may be
15 accompanied by disclosure of the disqualifying interest.
16 (11) Section 11. Assistance of the Commission and Counsel.
17 Any designated employee who is unsure of his or her duties under this code may request
18 assistance from the Fair Political Practices Commission pursuant to Section 83114 and
19 Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing
20 in this section requires the attorney for the agency to issue any formal or informal opinion.
21 (12) Section 12. Violations.
22 This code has the force and effect of law. Designated employees violating any provision
23 of this code are subject to the administrative, criminal and civil sanctions provided in the
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1 Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a
2 violation of the disqualification provisions of this code or of Section 87100 or 87450 has
3 occurred may be set aside as void pursuant to Section 91003.
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5 1 Designated employees who are required to file statements of economic interests under any
6 other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand
7 their statement of economic interests to cover reportable interests in both jurisdictions, and file
8 copies of this expanded statement with both entities in lieu of filing separate and distinct
9 statements, provided that each copy of such expanded statement filed in place of an original is C-11
10 signed and verified by the designated employee as if it were an original. See Section 81004.
11 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in
12 agencies who make and retain copies of statements and forward the originals to the filing officer.
13 3 For the purpose of disclosure only (not disqualification), an interest in real property does not
14 include the principal residence of the filer.
15 4 Investments and interests in real property which have a fair market value of less than $2,000 are
16 not investments and interests in real property within the meaning of the Political Reform Act.
17 However, investments or interests in real property of an individual include those held by the
18 individual's spouse and dependent children as well as a pro rata share of any investment or
19 interest in real property of any business entity or trust in which the individual, spouse and
20 dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or
21 greater.
14
10/02/2018 18730 Amend
1 5 A designated employee's income includes his or her community property interest in the income
2 of his or her spouse but does not include salary or reimbursement for expenses received from a
3 state, local or federal government agency.
4 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer
5 and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In
6 addition, the disclosure of persons who are clients or customers of a business entity is required
7 only if the clients or customers are within one of the disclosure categories of the filer.
8 Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-
9 87302, 89501, 89502 and 89503, Government Code.
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Resolution No. SA 2018-__
Appendix A
Page 1 of 3
RESOLUTION NO. SA 2020-__ - APPENDIX A
Conflict of Interest Code
Designated Positions and Disclosure Categories for the
Successor Agency to the Rancho Palos Verdes Redevelopment Agency
(“Successor Agency”)
Designated Positions Disclosure Categories
Agency Board Member 1
Geological Peer Review Group 2, 3, 4, 5
Executive Director 1
Assistant Executive Director 6
Director of Finance 6
Deputy Director of Finance 6
Information Technology Manager 6
Community Development Director 6
Community Development Deputy Director 6
Building Official 6
Building Inspector I 6
Building Inspector II 6
Finance Officer 6
Director of Public Works 6
Director of Recreation and Parks 6
Deputy Director of Recreation and Parks 6
Agency Secretary 6
Principal Civil Engineer 6
Senior Engineer 6
Senior Planner 6
Principal Planner 6
Treasurer 1
Agency Counsel 1
Agency Engineer 6
Project Manager 6
Engineer Technician 6
Agency Geologist(s) (consultant(s)) 6
Other Consultant(s) 7
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Resolution No. SA 2018-__
Appendix A
Page 2 of 3
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 Successor Agency to the Rancho Palos
Verdes Redevelopment Agency (“Successor Agency”).
2. Reportable interest in real property located within the City of Rancho Palos Verdes
or within two miles of the boundaries of the City. (FPPC Form 700, Schedule B).
3. Reportable income from any business entity, and reportable business positions in
business entities, that provides, plans to provide, or has provided within two years
prior to the time a statement is required under this conflict of interest code,
engineering, geological analysis or other services to owners of property in the City
of Rancho Palos Verdes or within two miles from the boundaries of the City of
Rancho Palos Verdes. (FPPC Form 700, Schedule C).
4. Reportable investments in any business entity that provides, plans to provide, or
has provided within two years prior to the time a statement is required under this
conflict of interest code, engineering, geological analysis or other services to
owners of property in the City of Rancho Palos Verdes or within two miles from the
boundaries of the City of Rancho Palos Verdes. (FPPC Form 700, Schedules A-
1 and A-2).
5. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E).
6. Persons holding designated positions which are assigned a disclosure category of
"6" above are not required to prepare a separate Statement of Economic Interest
(Form 700) for their position with the Successor Agency because they also hold
positions which are already required to disclose and report under the Conflict of
Interest Code of the City of Rancho Palos Verdes. Persons in this category should
list their position with the Successor Agency in Section 1 of Form 700 that they file
with the City. Persons in this category "6" are, however, subject to the
disqualification provisions of this Code when acting in their official capacity for the
Successor Agency.
7. For consultants who serve in a staff capacity with the Successor Agency, the
consultant shall disclose based on the disclosure categories assigned elsewhere
in this code for that staff position.
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Appendix A
Page 3 of 3
For consultants who do not serve in a staff capacity, the following disclosure
categories shall be used:
Persons required to disclose in this category shall disclose pursuant to categories
A, B, C and D below unless the Executive Director determines in writing that a
particular consultant is hired to perform a range of duties that is limited in scope
and thus is not required to fully comply with the disclosure requirements in
categories A, B, C and D. Such written determination shall include a description
of the consultant's duties and, based upon that description, a statement of the
extent of disclosure requirements. The Executive Director's determination is a
public record and shall be retained for public inspection in the same manner and
location as this conflict of interest code.
A. Reportable interests in real property in the jurisdiction. (FPPC Form 700,
Schedule B).
B. Reportable income and business positions. (FPPC Form 700, 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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