Res 85-003RESOLUTION NO. 85-003
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CA~.TFORNIA,
ADOPTING CERTAIN CONFLICT OF INTEREST CODES
FOR THE CITY PURSUANT TO THE PROVISIONS OF THE
POLITICAL REFORM ACT INCLUDING SECTION 87303 OF
THE CALIFORNIA GOVERH~E~ COOE AND
RESCISDING RESOLUTION NO. 84-008
WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000,
et seq., requires every city to adopt and prcmulgate 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, TMR. REFORE, IT IS HERRRy RESOLVED THAT:
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.
2. Rmsolution No. 84-008 is hereby rescinded.
PASSfD, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular ~m~cting thereof this 15th day of January, 1985
· f~ery,
ATTEST:
Marjori~K. Wahlsten, City Clerk
~C~ OF II~'T COI)E
C~THE
CITY C~ ~
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 Goverrm~e_nt Code, hereinafter referred to as the "Act.")
Section 101 - 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 Cede adopts all provisions hereof except
those portions not applicable to said agency. Any portion of this Code
my 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 frcm bias caused by financial interests;
b)
Enumerate and differentiate the positions of employment within the City
which involve the mking of decisions which may foreseeably have a
mterial 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 frc~ par-
ticipation 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, February 15,
1984 the day following its approval by the City Council of the City of Po~ay.
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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 con-
tained 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 c~uatible 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 Cc~mission, but in the event of any conflict,
the definitions contained is said Act and said rules and regulations shall
govern.
Section 201 - Act.
Title 9 (cu,~,~ncing
California.
"Act" means the political Reform Act of 1974, ccmprising
with §81000) of the Government Code of the State of
Section 202 - A~encTf. "Agency" means any agency, board or cc~mission of the
City of Poway.
Section 203 - City of Jurisdiction. "City of Jurisdiction" m~ans the City of
Poway, California.
Section 204 - City Council. "City Council" m~ns the City Council of the City
of Poway, California.
Section 205 - Designated ~ployee. "Designated Employee" means any officer,
employee, cc~ission or board member or consultant of the City whose position
with the City is established by Section 300 of the code as a designated posi-
tion.
Section 206 - Designated Position. "Designated Position" means a position with
the City specified in Section 300 of this Code and requiring disclosure as pro-
vided in this Code because the position entails the making or participating in
the making of decisions which may foreseeably b~ve a material effect on a finan-
cial interest.
Section 207 - Rec~ulations. "Regulations" mean the regulation of the Fair
Political Practices C~ii,ission adopted pursuant to Title 9 of the Government
Code and reported at Title 2 of the California Administrative Cede c~,,,encing
with Section 18100.
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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
LEGISLATIVE/ADMINISTRATIVE
Assistant City Manager
Assistant to the CityManager
City Attorney
City Clerk
Deputy City Clerk
Disclosure Categories
ACE
ACE
ACE
ACE
BDF
ADMINISTRATIVE SERVICES
Administrative Services Director
Personnel Manager
Finance Manager
Purchasing Manager
Data Processing Supervisor
Customer Service Manager
Senior Accountant
Administrative ~sistant
CC~UNITY SERVICES
C~t~t'~unity Services Director
C~,unityServices Manager
Lake Supervisor
Parks Supervisor
Recreation Supervisor
PUBLIC SERVICES
ACE
BDF
BDF
ACE
BDF
BDF
BDF
BDF
ACE
ACE
BDF
BDF
BDF
Public Services Director/CityEngineer A C E
Assistant City Engineer A C E
Associate Civil Engineer B D F
Public Services Operations Manager A C E
Assist. Public Services Operations Manager B D F
Utility Operations and Treatment Superintendent B D F
Construction Maintenance Superintendent B D F
Administrative Assistant B D F
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Position Disclosure Categories
Safety Services Director
Battalion Cllief
ACE
BDF
PLANNING SERVICES
Planning Services Director
Senior Planner
Associate Planner
ACE
ACE
BDF
PARKS~RECREATI~C(I~I~_ITTEE
Committee M~mber s
ACE
Section 301 - Consultants. Any person employed within an Agency to provide con-
sulting 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 con-
sultant 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,
rec~L,,~ndation 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 ren-
dition of information, advice, reccmllendation or counsel.
Section 302 - Categories of Reportable Econcx~ic Interest. The categories of
reportable econc~ic interest for the purpose of this Code shall be:
ae
Category A. All inclusive reportable investments. A designated
~-~loyee in this category shall disclose all investments (worth n~re
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 ~t~loyee;
(3)
Owned by any business entity controlled by the designated e~loyee
(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);
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(4)
Owned by a trust in which the designated e~ployee has a substan-
tial interest (i.e., a trust in which the designated ~loyee, 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 benefi-
cially, 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 cu,,~on 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
c~a~'~ncing 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 Econcraic
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.
Category B. Less inclusive reportable investments. A designated
~ployee 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.
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 jurisdic-
tion if the interests are:
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(1) Held or owned by the designated e~ployee, his or her spouse and
dependent child; or
(2) Owned by an agent om 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 e~ployee, 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 substan-
tial interest (i.e., a trust in which the designated enployee, 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
Oe~ignated ~L~loyee, his or her spouse and dependent children, of
investments of any business entity or trust in which the
designated ~,~loyee, 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.
De
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 pro-
perty or any part of it is located within or not more than 500 feet
outside the boundaries of the City.
Ee
Category E. All inclusive reportable income. A designated ~nployee in
this category shall disclose all incone of the designated ~,~loyee fron
any City related source aggregating $250 or more (or $25 or more in the
case of gifts) during the reporting period.
(1)
"Inoune" means, except as provided in Subsection 2, inccme of any
nature frcxn any City related source, including but not limited to
any salary, wage, advance, payment, honorari~n, 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 c(~,,~,unity property interest in ino:m~ of a spouse frem 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.
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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 c~,~-encing 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
Stat(m~nt of Econcmic Interests or to disqualify hin~elf or her-
self with respect to a City decision.
(2) "Inccme" 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 goverrm~ent agency and reimbursement for
travel expenses and per diem received from a bona fide educa-
tional 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 charit-
able organization without being claimed as a charitable
contribution for tax purposes;
(e)
Gifts exchanged bet~cn a designated employee and an indivi-
dual on holidays, birthdays or similar occasions except to
the extent that the gift given by the employee exceeds the
value of the gift received.
(f)
Gifts from an individual's spouse, child, ~arent, grand-
parent, 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 frcm any
such person shall be considered inccme 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 entertairm~ent or household gift of a reasonably
similar benefit or value;
(h) Any devise or inheritance;
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(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 Dond or other debt instrument issued by any
goverr~ent or government agency;
(j)
Dividends, interest or any other return on a security which
is registered with the Securities and Exchange C~m.{ssion of
the United States Government;
(k) Loans by a ccm~nercial lending institution in the regular
course of business.
(3)
"Honorari~u" means a payment for speaking at any event par-
ticipating in a panel or seminar or engaging in any similar acti-
vity. For purposes of this subdivision, free admission, food,
beverages and similar ncminal benefits provided to a filer at an
event at which he or she speaks, participates in a panel or ssmi-
nar, or performs a similar service, and rembursement or advance
for actual intra-state travel and for necessary acc~uodations
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 eulployee's official status. Prizes or
awards which are not disclosed as gifts shall be disclosed as
income.
Category F. Less inclusive t~;pes of reportable income. A designated
employee in this category shall disclose' those, and only those types of
Category E reportable income which are derived frcm a source, an
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 of construction
thereon of buildings or structures.
ARtICLE IV - ~AT~I~UI1S~BCONCMICI{
SECTION 400: Duty to File. Each designated ~{oloyee shall file statenents of
Econcmic Interests conforming to the requirement of this Cede. Such statements
sb~ll be on forms provided by the City Clerk.
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SECTION 401:
(a)
(b)
Place of Filing.
Ail designated ~L~loyees shall file the original statement of econc~uic
interests with the City Clerk who is hereby appointed by each Agency to
receive them.
The City herewith delegates authority for receipt of Stat~uents 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 Stat~uents and the proper administration
of such Statements, remains with the City.
SECIfION 402: Time of Filin~ First Stat~uent. A filer's first Statement shall
be filed:
(a) By a person who is a designated employee on the effective date of this
Code - within thirty (30) days after the effective date of this Code.
(b)
By any person who, after the effective date of this Code is appointed,
prc~oted 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 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.
S~C~ION 403: Time of Filin~ Subseq,,ent Statements.
(a)
Subsequent to the filing of a filer's first Stat~uent, the filer shall
annually, prior to April 1, file subsequent Stat~uents of Econc~lic
Interests.
(b)
Every designated employee leaving a designated position and not
assuming another shall, within thirty days of leaving, file a Statement
of Econcxaic Interests.
SECTION
A.
404: Periods Covered by Stat~uents.
First Statements.
No period of time is covered by a filer's first statement. A first
stat~uent 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 y~r which is subsequent to the time of filing the first sta-
tement. If a person assumes a position as a designated employee bet-
ween October 1 and December 31 and files a Statement of Econc~ic
Interests pursuant to Section 402, that person need not file a second
statement until one year later than S larch of the next year.
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AS used in this section, making or participating in the making of any City deci-
sion, or using his or her official position in influencing a City decision shall
not include:
(i)
Appearances by a designated ~loyee before a City official, employee,
board or c~,,,.~ssion 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)
Actions of designated employees or employee representatives relating to
their c~ensation or the terms or conditions of their employment or
contract.
S~C~ION 501: Manner of Disqualification. A designated employee required to
disqualify himself or herself shall provide written notification thereof to his
or her ir~ediate superior, who shall i,,,~diately reassign the matter to another
e~ployee. The notification shall be forwarded to the designated ~l~loyee's
appointing authority, who shall record the employee's disqualification.
In the case of a designated employcc who is a consultant, the written notifica-
tion 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 c~,,,Hssion,
notice of disqualification shall be given at the meeting during which considera-
tion of the decision takes place and shall be made part of the official record
of the board or commission. The member shall then refrain frem 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.
ae
No designated employee shall be prevented frc~ 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 deci-
sion 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.
Be
Whenever a public official who has a financial interest in a decision
is legally required to make or to participate in making such a deci-
sion, 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;
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C. Period Covered By Filer's Third and Subsequent Statements.
Each of a filer's third and subsequent statements, filed prior to April
1 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 stat~nent filed pursuant to this Code may be
amended by the filer at any time. Amending an incorrect or incc~plete statement
may be considered as evidence of good faith for purposes of enforcement of this
Code o
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 exccc~]s
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 invest-
ments and interest in real property of the business entity;
(f)
In the case of a filer's second or subsequent statement, if the invest-
ment 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: CONTE~S. Disclosure of R~oortable Incc~e.
A. When inc<xne is reportable by the filer under this Code, the Statement
shall contain, except as provided in Subsection C:
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(1)
The name and address of each source of incc~e aggregating two
hundred fifty dollars or n~re in value, or twenty-five dollars or
more in value if the incc~ne was a gift, and a general description
of the Dusiness activity, if any, of each source;
(2)
A statement whether the aggregate value of incc~e 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 incc~e
was received;
(4) In the case of a gift, the amount and the date on which the gift
was received.
When income of a business entity, including income of a sole proprie-
torship, is reportable by the filer under this Code, the Statement
shall contain:
(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 sb_~re 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.
A designated employee ncc~d 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 pro-
tected 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 separa-
tely state for each undisclosed person the legal basis for asser-
tion 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 Goverr~ent Code.
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(3)
(4)
(5)
(6)
The Agency may request further information frcm the designated
~[~loyee 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 frcm 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.
If the Agency determines that nondisclosure is justified because
of the existence of a privilege, the matter shall be referred to
the City Council.
The City Council shall review an appeal filed under Paragraph (3)
or a recc~uendation made by the Agency under Paragraph (4) at a
meeting held no less than thirty (30) 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 Po~ay. The City Council shall decide
whether nondisclosure is warranted and shall reflect such decision
in the minutes of its proceedings.
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 tine periods established in
this regulation.
SECTION 500: Circuaustances Requiring Disqualification. Except as provided in
Section 502, it shall be the duty of each designated employee to disqualify him-
self 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; or
(b) Any real property in which the designated em~oloyee has a direct or
indirect interest which is reportable; or
(c)
Any source of reportable inccme (which does not include loans by a com-
mercial lending institution in the regular course of business) aggre-
gating two hundred fifty dollars or nore 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 ~l~loyee is a director,
officer, partner, trustee employee, or holds any position of manage-
ment.
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(3)
(4)
(5)
Attempt in no way to use his or her official position to influence
any other public official with respect to the matter;
State the reason there is no alternative source of decision-making
authority;
Participate in making the decision only to the extent tb~t such
participation is legally required.
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 ~87100, contained in Chapter
7 of the Act, provides in legal effect that no member, officer, employee or con-
sultant 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 govern-
mental decision in which he knows or has reason to know he has a financial
interest as defined in Goverrm~nt Code ~87103. This self-executing provision of
the ACt (Government Code ~87100) thus applies to any member, officer, employee
or consultant of the City of Poway even though not a "designated ~ployee"
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 Goverrm~ent Code §1090, et seq.
APPE~)IX TO AI{~ICLB VI
The penalty and enforcement provisions of the Act are sun~arized 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 i~posed upon convic-
tion for each violation (Gov't. Code §91000(b));
(c)
No person convicted of such a misdemeanor shall be a candidate for any
elective office or act as a lobbyist for four years thereafter unless
the sentencing court determines otherwise, and that any convicted per-
son doing so is guilty of a felony (Gov't. Code §91003(b);
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(d)
(e)
(f)
(g)
(h)
(i)
(j)
Persons may sue to enjoin violations or to compel compliance with the
Act and this Code, and the official governmental action may in
appropriate circumstances be set aside by the court as void (Gov't.
Code §91003(b) );
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 (Gov't.
Code §91003.5);
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 pro-
perly reported (Gov't. Code §91004);
Any designated employee who realizes an econc~ic 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 (Gov't. Code
S91005(b));
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 (Gov't. Code §91013);
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 per-
jury (Gov't. Cede §81004); and
The court may award the prevailing party, in any action authorized by
the Act, his costs of litigation including reasonable attorney's fees
(Gov't. Code §91012).
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