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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); CONFLICT OF INTEREST CODE Page 16 (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).