Res 103 RESOLUTION NO. 103
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAYw CALIFORNIA
ADOPTING CERTAIN CONFLICT OF INTEREST CODES
FOR THE CITY PURSUANT TO THE PROVISIONS OF THE
POLITICAL REFORM ACT INCLUDING SECTION 87303 OF
THE CALIFORNIA GOVERNMENT CODE
WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000,
et seq., requires every city to adopt and promulgate a Conflict of Interest Code
designating employees and what financial interests must be disclosed by those
employees, and prohibiting the participation by such employees in decisions in
which they have a financial interest;
NOW, THEREFORE, IT IS RESOLVED THAT:
1. The Conflict of Interest Code which is attached hereto as Exhibit
"A" and is incorporated herein by this reference, is adopted as
the Conflict of Interest Code for the employees designated in such
Code, and persons holding designated positions under said Code
shall file statements of economic interest pursuant to said Code.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 26th day of May, 198~.
ATTEST:
MaWr j o~r ie/~K ! Wf~ah~l s City Clerk
CONFLICT OF INTEREST CODE
OF THE
CITY OF POW&Y
ARTICLE
Section 101 - Title. This Code shall be known and may be cited as
"Conflict of Interest Code of the City of Poway".
Section 102 - Authority. This Code is adopted pursuant to the provisions
of the "Political Reform Act of 1974". (Article 3 (commencing with 87300) of
Chapter 7 of title 9 of the Government Code, hereinafter referred to as the
"Act").
Section 103 - Adoption by City Agencies.
a) This Code is hereby adopted by all agencies of the City of Poway.
b) The City Council, in reviewing and approving this Code, approves
the procedure for determining existence of a disclosure privilege set forth at
Section 407.
c) Each agency adopting this Code adopts all provisions hereof except
those portions not applicable to said agency. Any portion of this Code may be
amended by any Agency action, independently of any other agency and any such
amendment shall be effective only as to the Agency adopting it.
Section 104 - Purpose. The City Agencies adopt this Code to:
a) Assure that all employees designated herein perform their duties
in an impartial manner, free from bias caused by financial interests;
b) Enumerate and differentiate the positions of employment within the
City which involve the making of decisions which may foreseeably have a
material effect upon a financial interest;
c) Require the disclosure of such interests, by setting forth the
specific types of interests which are reportable for each position.
d) Require that designated employees disqualify themselves from
participation in City decision making which may involve a conflict of interest;
and
e) Assure that City Conflict of Interest regulations are uniform
throughout the Agencies of the City.
Section 105 - Effective Date. This Code shall be effective on, May 27,
1981, the day following its approval by the City Council of the City of Poway.
CONFLICT OF INTEREST CODE
Page 2
ARTXCr-W TX -- XNTERPmWTATXON AND DBFXIIXT'rOIIS
Section 200. This Code is to be liberally construed to effectuate its
purposes and those of the Act and regulations adopted under it. The
definitions contained in said Act and regulations are incorporated herein by
this reference, and shall govern this Code. Unless the contrary is stated or
clearly appears from the context, the definition set forth in this Article
shall govern the interpretation of this Code. The meanings of terms used in
these definitions shall be deemed to be the same as, or as compatible as
possible with, the meaning of such terms used in the Act and in rules and
regulations adopted under the authority of the Act by the Commission, but in
the event of any conflict, the definitions contained is said Act and said rules
and regulations shall govern.
Section 201 - Act. "Act" means the political Reform Act of 1974,
comprising Title 9 (commencing with § 81000) of the Government Code of the
State of California.
Section 202 - Agency. "Agency" means any agency, board or commission of
the City of Poway.
Section 203 - City of Jurisdiction. "City of Jurisdiction" means the City
of Poway, California.
Section 204 - City Council. "City Council means the City Council of the
City of Poway, California.
Section 205 - Designated Employee. "Designated Employee" means any
officer, employee, commission or board member or consultant of the City whose
position with the City is established by Section 300 of the code as a
designated position.
Section 206 - Designated Position. "Designated Position" means a position
with the City specified in Section 300 of this Code and requiring disclosure as
provided in this Code because the position entails the making or participating
in the making of decisions which may foreseeably have a material effect on a
financial interest.
Section 207 - Regulations. "Regulations" mean the regulation of the Fair
Political Practices Commission adopted pursuant to Title 9 of the Government
Code and reported at Title 2 of the California Administrative code commencing
with Section 18100.
CONFLICT OF INTEREST CODE
Page 3
ARTXCV.~ IX! - DRSX~IJATRD POSITIONS
DISCLOSURE BY DESI~IIATEDEHPLOYEES
Section 300 - Designated Positions. The positions and categories within
the City listed in this section are hereby established as "designated
positions". Any person whose position with the City is a designated position
is a designated employee. Designated employees shall disclose in the manner
provided in Article IV, those financial interest which are within the
categories (designated in Section 302) represented by the letter(s) following
the listed position.
Position Disclosure Categories
LEGISLATIVE/ADMINISTRATIVE
Assistant to the City Manager A C E
City Attorney A C E
City Clerk A C E
Deputy City Clerk B D F
ADMINISTRATIVE SERVICES
Administrative Services Director A C E
Personnel Officer B D F
Accounting Supervisor B D F
Purchasing Manager A C E
Data Processing Supervisor B D F
Customer Service Supervisor B D F
Accountant B D F
COMMUNITY SERVICES
Community Services Director A C E
Leisure Services Manager B D F
Lake Fisheries Superintendent B D F
Landscaping Superintendent B D F
Park Planner/Administrative Aide B D F
PUBLIC SERVICES
Public Services/City Engineer Director A C E
Assistant to Director of Public Services A C E
Water/Operations Manager A C E
Assistant Water/Operations Manager B D F
Operations Superintendent B D F
Construction Maintenance Superintendent B D F
Budget & Contract Administrator A C E
Administrative Assistant B D F
Departmental Aide B D F
CONFLICT OF INTEREST CODE
Page 4
SAFETY SERVICES
Safety Services Director A C E
Assistant Fire Chief B D F
Fire Marshal B D F
PLANNING SERVICES
Planning Services Director A C E
Assistant Planner B D F
PARKS AND RECREATION COMMITTEE
Committee Members A C E
Section 301 - Consultants. Any person employed within an Agency to provide
consulting services shall be designated in the employment contract as a
designated employee if the Agency determines that such person may reasonably be
expected to make, participate in making, or in any way attempt to use his
position as consultant to influence a City decision in which he has a financial
interest. If the agency is unable to determine whether a consultant should be
a designated employee, the consultant shall disclose pursuant to Title 9,
Chapter 7 Article 2 of the Government Code. For the purpose of this section, a
consultant shall include any natural person who provides under contract,
information, advice, recommendation or counsel to an Agency, provided, however,
that "consultant" not include a person who:
a) Possess no authority with respect to any Agency decisions
beyond rendition of information, advice, recommendation or counsel.
Section 302 - Categories of Reportable Economic Interest. The categories
of reportable economic interest for the purpose of this Code shall be:
A. Category A. Ail inclusive reportable investments.
A designated employee in this category shall disclose all investments
(worth more than $1,000) in a city related business entity which are:
(1) Owned by the designated employee, his or her spouse or dependent
child;
(2) Owned by an agent on behalf of the designated employee;
(3) Owned by any business entity controlled by the designated
employee (i.e., any business entity in which the designated
employee, his or her agents, spouse and dependent children hold,
individually or collectively, more than a 50% ownership
interest);
CONFLICT OF INTEREST CODE
Page 5
(4) Owned by a trust in which the designated employee has a
substantial interest (i.e., a trust in which the designated
employee, his or her spouse and dependent children have a present
or future interest worth more than $1,000);
(5) Held or owned by any business entity or trust in which the
designated employee, his or her spouse and dependent children
own, individually or collectively, directly, indirectly or
beneficially, a 10% interest or greater, to the extent of the pro
rata share (if worth more than $1,0000 of the designated
employee, his or her spouse and dependent children.
"Investment" means any financial interest in or security issued by a City
related business entity, including, but not limited to common stock, preferred
stock, rights, warrants, options, debt instruments and any partnership or other
ownership interest.
A business entity is "City related" if and only if the business entity or any
parent, subsidiary or otherwise related business entity: (i) has an interest
in real property within the jurisdiction, (ii) does business in the City, or
(iii) did business or plans to do business in the City at any time during the
period commencing two years prior to and ending one year after the time the
designated employee is required by this Code to file his or her next Statement
of Economic Interests or to disqualify himself or herself with respect to a
City decision.
No asset is deemed an "investment" unless its fair market value exceeds $1,000.
The term "investment" does not include a time or demand deposit in a financial
institution, shares in a credit union, any insurance policy, or any bond or
other debt instrument issued by any government or government agency.
B. Category B. Less inclusive reportable investments.
A designated employee in this category shall disclose, and only those,
Category A reportable investments which pertain to a business entity,
a business activity of which is that of:
(1) Providing within the last two years, or foreseeably in the future,
services, supplies, materials, machinery or equipment to the
City;
(2) Conducting a business in the City which requires a business
license therefor pursuant to Ordinances of the City;
(3) Sale, purchase, exchange lease or rental, or financing, for its
own account or as broker, of real property or the development,
syndication or subdivision of real property or construction
thereon of buildings or structures within the City.
CONFLICT OF INTEREST CODE
Page 6
C. Category C. All Inclusive Reportable Interests In Real Property.
A designated employee in this category shall disclose all interests
(worth more than $1,000) in real property located within the
jurisdiction if the interests are:
(1) Held or owned by the designated employee, his or her spouse and
dependent child; or
(2) Owned by an agent on behalf of the designated employee;
(3) Owned by any business entity controlled by the designated
employee (i.e., any business entity in which the designated
employee, his or her agents, spouse and dependent children hold
more than a 50% ownership interest);
(4) Owned by a trust in which the designated employee has a
substantial interest (i.e., a trust in which the designated
employee, his or her spouse and dependent children have a present
or future interest worth more than $1,000);
(5) Representing the pro rata share (worth more than $1,000) of the
designated employee, his or her spouse and dependent children, of
investments of any business entity or trust in which the
designated employee, his or her spouse and dependent children
own, directly, indirectly or beneficially, a 10% interest or
greater.
"Interest in real property" includes any leasehold, beneficial or ownership
interest, or any option to acquire such an interest, in real property, but does
not include the principal resident of the filer.
Real property shall be deemed to be "located within the jurisdiction" if the
property or any part of it is located within or not more than two miles outside
the boundaries of the City or within two miles of any land owned or used by the
City.
D. Category D. Less inclusive reportable interests in real property.
A designated employee in this category shall disclose those, and only
those, Category C reportable interests in real property where the
property or any part of it is located within or not more than 500 feet
outside the boundaries of the City.
E. Category E. Ail inclusive reportable income.
A designated employee in this category shall disclose all income of
the designated employee from any City related source aggregating $250
or more (or $25 or more in the case of gifts) during the reporting
period.
CONFLICT OF INTEREST CODE
Page 7
(1) "Income" means, except as provided in Subsection 2, income of any
nature from any City related source, including but not limited to
any salary, wage, advance, payment, honorarium, award gift,
including any gift of food or beverage, loan, forgiveness or
payment of indebtedness, discount in the price of anything of
value unless the discount is available to members of the general
public without regard to official status, rebate, reimbursement
for expenses, per diem, or contribution to an insurance or pension
program paid by any person other than an employer, and including
any community property interest in income of a spouse from any
City related source. Income of an individual also includes a pro
rata share of any income of any City related business entity or
trust in which the individual or spouse owns, directly,
indirectly or beneficially, a ten percent interest or greater.
A source, business entity or trust is "City related" if and only
if he, she or it: (i) resides in the jurisdiction, (ii) has an
interest in real property within the jurisdiction, (iii) does
business in the City, or (iv) did business or plans to do business
in the City at any time during the period commencing two years
prior to and ending one year after the time the designated
employee is required by this Code to file his or her next
Statement of Economic Interests or to disqualify himself or
herself with respect to a City decision.
(2) "Income" does not include:
(a) Campaign contributions required to be reported under
Chapter 4 of the Act;
(b) Salary and reimbursement for expenses or per diem
received from a state or local government agency and
reimbursement for travel expenses and per diem received from
a bona fide educational academic or charitable organization;
(c) Gifts of informational material, such as books,
pamphlets, reports, calendars or periodicals;
(d) Gifts which are not used and which, within thirty days
after receipt, are returned to the donor or delivered to a
charitable organization without being claimed as a
charitable contribution for tax purposes;
(e) Gifts exchanged between a designated employee and an
individual on holidays, birthdays or similar occasions
except to the extent that the gift given by the employee
exceeds the value of the gift received.
CONFLICT OF INTEREST CODE
Page 8
(f) Gifts from an individual's spouse, child, parent,
grandparent, grandchild, brother, sister, parent-in-law,
brother-in-law, sister-in-law, aunt, uncle, or first cousin
or the spouse of any such person; provided that a gift from
any such person shall be considered income if the donor is
acting as an agent or intermediary for any person not
covered by this paragraph.
(g) Gifts of hospitality involving food, beverages, or
lodging provided to the designated employee; if such
hospitality has been reciprocated within the filing period.
"Reciprocity" as used in this subsection includes the
providing by the designated employee to the host of any
consideration, including entertainment or household gift of
a reasonably similar benefit or value;
(h) Any devise or inheritance;
(i) Interest, dividends or premiums on a time or demand
deposit in a financial institution, shares in a credit union
or any insurance policy, payments received under any
insurance policy, or any bond or other debt instrument
issued by any government or government agency;
(j) Dividends, interest or any other return on a security
which is registered with the Securities and Exchange
Commission of the United States Government;
(k) Loans by a commercial lending institution in the
regular course of business.
(3) "Honorarium" means a payment for speaking at any event
participating in a panel or seminar or engaging in any similar
activity. For purposes of this subdivision, free admission,
food, beverages and similar nominal benefits provided to a filer
at an event at which he or she speaks, participates in a panel or
seminar, or performs a similar service, and rembursement or
advance for actual intra-state travel and for necessary
accommodations provided directly in connection with the event are
not payment and need not be reported by the designated employee.
A prize or an award shall be disclosed as a gift unless the prize
or award is received on the basis of a bona fide competition no
related to the designated employee's official status. Prizes or
awards which are not disclosed as gifts shall be disclosed as
income.
F. Category F. Less inclusive types of reportable income.
A designated employee in this category shall disclose those, and only
those types of Category E reportable income which are derived from a
source, an activity of which is that of:
CONFLICT OF INTEREST CODE
Page 9
(]) Providing within the last two years, or foreseeably in the
future, services, supplies, materials, machinery or equipment to
the City.
(2) Conducting a business in the City which requires a business
license therefor pursuant to Ordinances of the City.
(3) Sale, purchase, exchange, lease or rental, or financing, for its
own account or as broker, of real property or the development,
syndication, or subdivision, of real property of construction
thereon of buildings or structures.
ARTYC~T.'~ 'tV - STATBMBIgTS OF B(~ONOMZC~ 'rlJTBul~ST
SECTION 400: Duty to File. Each designated employee shall file statements of
Economic Interests conforming to the requirement of this Code. Such statements
shall be on forms provided by the City Clerk.
SECTION 40]: Place of Filing.
(a) All designated employees shall file the original statement of
economic interests with the City Clerk who is hereby appointed by
each Agency to receive them.
(b) The City herewith delegates authority for receipt of Statements
of Economic Interests and administration of the duties of the
filing officer, pursuant to Government Code Sections 81010 and
91013 to the Office of the City Clerk, provided, however, that
the responsibility for the timely receipt of such Statements and
the proper administration of such Statements, remains with the
City.
SECTION 402: Time of Filing First Statement. A filer's first Statement shall
be filed:
(a) By a person who is a designated en~loyee on the effective date of
this Code - within thirty days after the effective date of this
Code.
(b) By any person who, after the effective date of this Code is
appointed, promoted or transferred to a designated position, not
less than ten (10) days after the person assumes the designated
position to which he is appointed, promoted or transferred, unless
CONFLICT OF INTEREST CODE
Page 10
an earlier assumption of the position is required by emergency
circumstances certified to by the City Manager, in which case the
Statement shall be filed within thirty days after assumption of
the designated position.
SECTION 403: Time of Filing Subsequent Statements.
(a) Subsequent to the filing of a filer's first Statement, the filer
shall annually, prior to April l, file subsequent Statements of
Economic Interests.
(b) Every designated employee leaving a designated position and not
assuming another shall, within thirty days of leaving, file a
Statement of Economic Interests.
SECTION 404: Periods Covered by Statements.
A. First Statements.
NO period of time is covered by a filer's first statement. A first
statement shall report all reportable investments and interests in real
property existing at the time of filing. Income shall not be reported in a
first statement.
B. Second Statement
A filer's second statement shall cover that portion of the preceding
calendar year which is subsequent to the time of filing the first
statement. If a person assumes a position as a designated employee between
October 1 and December 31 and files a Statement of Economic Interests
pursuant to Section 402, that person need not file a second statement until
one year later than March of the next year.
C. Period Covered By Filer's Third and Subsequent Statements.
Each of a filer's third and subsequent statements, filed prior to April ]
of each year, shall cover the preceding calendar year.
D. Period Covered by Filer's Leaving Employment Statement.
The Statement upon leaving shall cover the period since the previous
statement to the date of leaving the designated position and shall include
any investments and interests in real property held at any time during the
period covered by the statement, whether or not they are held at the time of
filing.
SECTION 405: Amendments. Any statement filed pursuant to this Code may be
amended by the filer at any time. Amending an incorrect or incomplete
statement may be considered as evidence of good faith for purposes of
enforcement of this Code.
CONFLICT OF INTEREST CODE
Page 11
SECTION 406: Contents. Disclosures of Reportable Investment and Interests.
When an investment or an interest in real property is reportable by the filer
under this code, the statement shall contain:
(a) A statement of the nature of the investment or interest;
(b) 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;
(c) The address or other precise location of the real property;
(d) A statement whether the fair market value of the investment or
interest in real property exceeds ten thousand dollars, and
whether it exceeds one hundred thousand dollars;
(e) In the case of an investment which constitutes fifty percent or
more of the ownership interest in a business entity, disclosure
of the investments and interest in real property of the business
entity;
(f) In the case of a filer's second or subsequent statement, if the
investment or interest in real property was partially or wholly
acquired or disposed of during the period covered by the
statement, the date of acquisition or disposal (Government Code
Section 87206).
(g) Disclosure of the location or value of the principal residence of
the filer is not required.
SECTION 407: CONTENTS. Disclosure of Reportable Income.
A. When income is reportable by the filer under this Code, the Statement shall
contain, except as provided in Subsection C=
(1) The name and address of each source of income aggregating two hundred
fifty dollars or more in value, or twenty-five dollars 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 was
greater than one thousand dollars and whether it was greater than ten
thousand dollars;
(3) A description of the consideration, if any, for which the income was
received;
(4) In the case of a gift, the amount and the date on which the gift was
received.
B. When income of a business entity, including income of a sole proprietorship,
is reportable by the filer under this code, the Statement shall contain:
CONFLICT OF INTEREST CODE
Page 12
(1) The name, address and general description of the business activity of
the business entity;
(2) In the case of a business entity which provides legal or brokerage
services, the name of every person who paid fees to the business entity
if the filer's pro rata share of fees from such person was equal to or
greater than one thousand dollars;
(3) In the case of a business entity not covered by paragraph (2), the name
of every person from whom the business entity received payments if the
filer's pro rata share of gross receipts from such person was equal to
or greater than ten thousand dollars during a calendar year.
C. A designated employee need not disclose, pursuant to Subsections B(2) or
B(3) above, the name of a person who paid fees or made payments to a
business entity if disclosure of the person's name would violate a legally
recognized privilege under California law. Such a person's name may be
withheld in accordance with the following procedure:
(1) A designated employee who believes that a person's name is protected by
a legally recognized privilege may decline to report the same, but
shall file with the Statement of Economic Interests an explanation for
such nondisclosure. The explanation shall separately state for each
undisclosed person the legal basis for assertion of the privilege and,
as specifically as possible without defeating the privilege, facts
which demonstrate why the privilege is applicable.
(2) With respect to each undisclosed person, the designated employee shall
state that to the best of his knowledge he has not and will not make,
participate in making, or in any way attempt to use his official
position to influence a governmental decision when to do so constituted
or would constitute a violation of Section 87100 of the Government
Code.
(3) The Agency may request further information from the designated employee
and, if no legal or factual justification sufficient to support
assertion of the privilege is shown, may order that the disclosure
required by the Act be made. The designated employee shall, within
fourteen days after receipt of an order from the Agency, either comply
with the order or, if he wants to challenge the determination of the
Agency, appeal the determination, in writing, to the City Council.
(4) If the Agency determines that nondisclosure is justified because of the
existence of a privilege, the matter shall be referred to the City
Council.
(5) The City Council shall review an appeal filed under Paragraph (3) or a
recommendation made by the Agency under Paragraph (4) at a meeting held
no less than thirty days after notice of the meeting is mailed to the
designated employee, the Attorney General and both the District
Attorney of San Diego County and the City Attorney of the City of
CONFLICT OF INTEREST CODE
Page 13
Poway. The City Council shall decide whether nondisclosure is
warranted and shall reflect such decision in the minutes of its
proceedings.
(6) If the City Council orders a designated employee to disclose, the
designated employee must comply within fourteen days. The Agency may,
for good cause, extend any of the time periods established in this
regulation.
ARTTCLB V -- D~'SQUALXFXCATTO~
SECTION 500: Circumstances Requiring Disqualification. Except as provided in
Section 502, it shall be the duty of each designated employee to disqualify
himself or herself from making or participating in the making of City
decisions, or from using his or her official position to influence a City
decision, if it is reasonably foreseeable that the decision will have a
material financial effect, distinguishable from the decision's effect on the
public generally, on:
(a) Any business entity in which the designated employee has a direct
or indirect investment which is reportable;
(b) Any real property in which the designated employee has a direct
or indirect interest which is reportable;
(c) Any source of reportable income (which does not include loans by a
commercial lending institution in the regular course of business)
aggregating two hundred fifty dollars or more in value received by
or promised to the designated employee within twelve months prior
to the time when the decision is made; or
(d) Any business entity in which the designated employee is a
director, officer, partner, trustee employee, or holds any
position of management.
As used in this section, making or participating in the making of any City
decision, or using his or her official position in influencing a City decision
shall not include:
(i) Appearances by a designated employee before a City official,
employee, board or commission or City Council in the course
of its prescribed governmental function to represent himself
or herself on matters relating to his or her personal
interest; nor
(ii) A=tions of designated employees or employee representatives
relating to their compensation or the terms or conditions of
their employment or contract.
CONFLICT OF INTEP~EST CODE
Page 14
SECTION 501: Manner of Disqualification. A designated employee required to
disqualify himself or herself shall provide written notification thereof to his
or her immediate superior, who shall immediately reassign the matter to another
employee. The notification shall be forwarded to the designated employee's
appointing authority, who shall record the employee's disqualification.
In the case of a designated employee who is a consultant, the written
notification shall be made to the City officer or employee charged with
administration of the consultant's contract.
In the case of designated employee who is a member of a board or commission,
notice of disqualification shall be given at the meeting during which
consideration of the decicion takes place and shall be made part of the official
record of the board or commission. The member shall then refrain from
participating and shall attempt in no way to use his or her official position to
influence any other person with respect to the matter.
SECTION 502: Exception to Disqualification.
A. 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. Participation is not "legally
required" unless there exists no alternative source of decision consistent
with the purposes and terms of the Ordinance or statute authorizing the
decision. The fact that a designated employee's vote is needed to break a
tie does not make his or her participation "legally required" for purposes
of this section.
B. Whenever a public official who has a financial interest in a decision is
legally required to make or to participate in making such a decision, he or
she shall~
(1) Disclose as a matter of official public record the existence of the
financial interest~
(2) Describe with particularity the nature of the financial interest
before he or she makes or participates in making the decision;
(3) Attempt in no way to use his or her official position to influence any
other public official with respect to the matter;
(4) State the reason there is no alternative source of decision-making
authority;
(5) Participate in making the decision only to the extent that such
participation is legally required.
CONFLICT OF INTEREST CODE
Page 15
ARTXCLE VX - EI~FORCBli.BHT
SECTION 600: Enforcement. This Code has the force and effect of law. Any
violation of this code shall be deemed a violation of Chapter 7 of the Act.
SECTION 601: Legal Requirements. Government Code S87100, contained in Chapter
7 of the Act, provides in legal effect that no member, officer, employee or
consultant at any level of state or local government shall make, participate in
making or in any attempt to use his official position to influence a
governmental decision in which he knows or has reason to know he has a financial
interest as defined in Government Code S87103. This self-executing provision of
the Act (Government Code S87100) thus applies to any member, officer, employee
or consultant of the City of Poway even though not a "designated employee"
within the meaning of this Code.
The requirements of this Code are in addition to the requirements of Government
Code ~87100 and to the requirements of any other conflict of interest laws, such
as Government Code §1090, et seq.
APPE~DXX TO ARTZC~.~ vx
The penalty and enforcement provisions of the Act are summarized as follows:
(a) A person who knowingly or willfully violates any provisions of
this Code is guilty of a misdemeanor (Gov't. Code $~9100(a),
87300;
(b) A fine of up to the greater of ten thousand dollars or three times
the amount the person failed to report properly may be imposed
upon conviction for each violation (Gov't. Code ~91000(b));
(c) No person convicted of such a misdemeanor shall be a condidate for
any elective office or act as a lobbyist for four years thereafter
unless the sentencing court determines otherwise, and that any
convicted person doing so is guilty of a felony (Gov't. Code
~91003(b);
(d) Persons may sue to enjoin violations or to compel compliance with
the Act and this Code, and the official governmental action may in
appropriate circustances be set aside by the court as void (Gov't.
Code $91003(b));
(e) Any person who violates a provision of this Code is subject to
discipline by his employing agency, including dismissal,
consistent with applicable personnel laws, regulations and
procedures (Gvoernment Code S9~003.5);
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(f) Any person who intentionally or negligently violates any of the
reporting requirements of the Act and this Code shall be liable in
a civil action for an amount not more than the amount or value not
properly reported (Government Code $91004);
(g) Any designated employee who realizes an economic benefit as a
result of a disqualification provision of this Code is liable in a
civil action for an amount up to three times the value of the
benefit (Government Code $91005(b));
(h) Persons filing late statements or reports may be liable to the
filing officer in the amount of ten dollars for each day, but not
to exceed the cumulative amount stated in the late statement or
report, or one hundred dollars, whichever is greater (Government
Code ~91013);
(i) Every person who sign and verifies any statement or report
required to be filed under this Code which he knows to be false is
guilty of perjury (Government Code S81004); and
(j) The court may award the prevailing party, in any action authorized
by the Act, his costs of litigation including reasonable
attorney's fees (Government Code S91012).