Res 88-010RESOLUTION NO. 88-010
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ADOPTING CERTAIN CONFLICT OF INTEREST CODES
FOR THE CITY PURSUANT TO THE PROVISIONS OF THE
POLITICAL REFORM ACT INCLUDING SECTION 87203 OF
THE CALIFORNIA GOVERNMENT CODE AND
RESCINDING RESOLUTION NO. 87-017
WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000,
et seq., requires every city to adopt and promulgate a Confllct of Interest Code
desginating employees and what financial interests must be disclosed by those
employees, and prohibiting the participatlon by such employees in declsions In
which they have a financial interest.
NOW, THEREFORE, IT IS HEREBY 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 sald Code shall file
statements of economic interest pursuant to sald Code.
2. Resolution No. 87-017 is hereby rescinded.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
Callfornla, at a regular meeting thereof this 23rd day of February, 1988.
ATTEST:
Marjorie K~ Wahlsten, City Clerk
R/Conflict/CPI
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 88- 010 was duly
adopted by the City Council at a meeting of said City Council held on the 23rd
day of February, 1988, and that it was so adopted by the following vote:
AYES: Brannon, Higginson, Kruse, Tarzy, Emery
NOES: None
ABSTAIN: None
ABSENT: None
Marjor/te~(. Wahlsten, City Clerk
City o~way
L~HFL~CT OF ZHTEREST
OF THE
CiTY OF PO'dAY
ARTICLE ! - GENERAL
Section [0! - Title. This Code shall be known and may be cited as "Conflict of
interest Code of the City of Poway."
Section [02 - Authority. This Code is adopted pursuant to the provisions of the
"Political Reform Act of [974." (Article 3 (commencing with 87300) of Chapter 7
of title 9 of the Government Code, hereinafter referred to as the "Act.")
Section [01 - Adoption for City Agencies.
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.
Section 104 - Purpose. This Code is adopted 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 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 24,
1988, the day following its approval by the City Council of the City of Poway.
Amended by Resolution No. 88-010
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ARTZCLE Z! - ZNTERPRETATZOl4 AND
Section 200. This Code is to be liberally construed to effectuate its purposes
and those of the Act and regulations adopted under I[. The definltJons con-
rained in said Act and regulations are incorporated herein by thls reference,
and shall govern this Code. Unless the contrary is stated or clearly appears
from the context, the definltlon set forth in this Artlcle 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 compatlble as posslble with, the
meaning of such terms used in the Act and in rules and regulations adopted under
the authority of the Act by the Commlsslon, but in the event of any conflict,
the definitions contained is said Act and said rules and regulatlons 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 department, board or con~nission 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 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 have a material effect on a finan-
cial interest.
Section 207 - Regulations. "Regulations" mean the regulation of the Fair
Political Practices Commission adopted pursuant to Title g of the Government
Code and reported at Title 2 of the California Administrative Code commencing
with Section 18100.
ARTICLE III - DESIGNATED PO~ITIIX~
DX$CLO,~URE BY OESZGI~TED ENPLOYEE$
Section 300 - Designated Positidns. 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.
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Posit~on Disclosure Categories
LEG~$LATZYEIAON~NISTRAT~VE
Assistant City Manager
Assistant to the City Manager
Deputy City Attorney
Assistant City Attorney
City Clerk
Deputy City Clerk
Management Analyst
Management Assistant
ACD
ACD
ACD
ACD
ACD
BCE
ACD
ACD
ADMINISTRATIVE SER¥ICL~
Administrative Services Director
Personnel Manager
Finance Manager
General Services Manager
Customer Service Manager
Senior Accountant
Assistant to the City Manager
Management Analyst
Management Assistant
A
B
B
A
B
B
A
A
A
CD
CE
CE
CD
CE
CE
CD
CD
CD
CONI4UHITY SER¥I:ES
Community Services Director
Community Services Manager
Park and Landscape Manager
Park and Landscape Supervisor
Recreation Supervisor
Assistant to the City Manager
Management Analyst
Management Assistant
ACD
ACD
BCE
BCE
BCE
ACD
ACD
ACD
PLANNIN~ SERVICES
Planning Services Director
Assistant Planning Director
Senior Planner
Associate Planner
Assistant Planner
Code Compliance Officer
ACD
ACD
BCE
BCE
BCE
BCE
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~ Posl[ion Disclosure C=[egorles
PI,laLIC SEItVIC~
Public Services Director/Clty Engineer A C D
Senior Civil Engineer A C D
Public Services Operations Manager A C D
Asslst. Public Services Operations Manager B C E
Asslstant to the City Manager A C D
Management Analyst B C E
Management Assistant A C D
Publlc Services Inspector, Supervisor B C E
Safety Services Director
Battalion Chief
Code Compliance Officer
ACD
BCE
BCE
BUSINESS ADVISORY COMMITTEE A C D
OLD POWAY SPECIFIC PLAN ADVISORY COMMITTEE A C D
PARKS AND RECREATION COMMITTEE A C D
REDEVELOPMENT ADVISORY COMMITTEE A C D
Section 301 - Consultants. Any person employed by the City to provide con-
sulting services shall be designated in the employment contract as a designated
employee if the City 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,
recommendation or counsel to an City, provided, however, that "consultant" not
include a person who:
a)
Possesses no authority with respect to any City decisions beyond ren-
dition 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. All 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;
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(2) O~ned b5 an agen[ on behalf of ~he 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);
(4)
Owned by a trust in which the designated employee has a substan-
tial 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 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 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.
Be
Category B. Less inclusive reportable investments. A designated
employee in this category shall disclose only those Category A repor-
table investments which pertain to a business entity;
(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)
Selling, purchasing, exchanging, leasing, renting, or financing,
for its own account or as broker, of real property or the develop-
ment, syndication or subdivision of real property or construction
thereon of buildings or structures within the City.
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Ce
Category C. All Inclusive Reportable Interests In Real Property. A
designated employee in thls category shall disclose all interests
(worth more than $1,000) In real property located wlthin the Jurisdic-
tion if the interests are:
(1) Held or owned by the deslgnated employee, hls or her spouse and
dependent child; or
(2) Owned by an agent on behalf of the designated employee;
(3)
Owned by any bustness enttty controlled by the deslgnated 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 tnt, rest);
(4)
owned by a trust In whlch the deslgnated employee has a substan-
tial lnterest (i.e., a trust In whlch 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
deslgnated employee, hls or her spouse and dependent children own,
dlrectly, 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 prlncipal 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.
Category D. All 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 $50 or more in the
case of gifts) during the reporting period.
(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, dividend, interest, rent, proceeds from
any sale, gift, including any gift of food or beverage, loan,
forgiveness or payment of indebtedness, reimbursement for expen-
ses, per diem, or contribution to an insurance or pension program
paid by any person other than an employer, and including any com-
munity property interest in income of a spouse from any City
related source. Income also includes an outstanding loan. 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 per-
cent 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
lnterest in real property within the jurlsdlctlon, (11i) 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 requlred by this Code to file bls or her next
Statement of Economic Interests or to disqualify himself or her-
self 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 educa-
tional academic or charitable organization;
(c)
Gifts of informational material, such as books, pamphlets,
reports, calendars or periodicals. No payment for travel or
reimbursement for any expenses shall be deemed "informational
material";
(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 from an individual's spouse, child, parent, 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 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.
(f) Any devise or inheritance;
(g)
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;
(h)
Dividends, interest or any other return on a security which
is registered with the Securities and Exchange Commission of
the United States Government;
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(il Loans by a con~nercial lending Institutlon in the regular
course of business.
(3)
(j) Redemption of a mutual fund;
(k) Alimony or child support payments;
(1)
Any loan or loans from a COrl~i)ercial lending institution which
are made in the lender's regular course of business on terms
available to members of the public without regard to official
status if:
Used to purchase, refinance the purchase of or for
improvements to, the principla residence of filer; or
e
The balance owed does not exceed ten thousand dollars
(m)
Any loan from an individual's spouse, child, parent, grand-
parent, grandchild, brother, sister, parent-in-law, brother-
in-law, sister-in-law, nephew, niece, uncle, aunt, or first
cousin, or the spouse of any such person, provided that a
loan from any such person shall be considered income if the
lender is acting as an agent or intermediary for any person
not covered by this paragraph;
(n)
Any indebtedness created as part of a retail installment or
credit card transaction if made in the lender's regular
course of business on terms available to members of the
public without regard to official status, so long as the
balance owed to the creditor does not exceed ten thousand
dollars {$10,000).
(o) Payments received under a defined benefit pension plan
qualified under Internal Revenue Code Section 401(a).
"Honorarium" means a payment for speaking at any event par-
ticipating in a panel or seminar or engaging in any similar acti-
vity. For purposes of this subdivision, free admission, food,
beverages and similar nominal benefits provided to a filer at an
event at which he or she speaks, participates in a panel or semi-
nar, or performs a similar service, and rembursement or advance
for actual intra-state travel and for necessary accommodations
provided directly in connection with the event are not payment and
need not be reported by the designated employee.
A prize or an award shall be disclosed as a gift unless the prize
or award is received on the basis of a bona fide competition no
related to the designated employee's official status. Prizes or
awards which are not disclosed as gifts shall be disclosed as
income.
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Category E. Less Incluslve types of reportable income. A designated
employee In this category shall dlsclose those, and only those types of
Category E reportable income whlch are derived from a source, an
activity of which is that of:
(1) Providing within the last two years, or foreseeably in the future,
services, supplies, materials, machinery or equipment to the City.
(2) Conducting a business in the City which requires a business
license therefor pursuant to Ordinances of the City.
(3)
Sale, purchase, exchange, lease or rental, or financing, for its
own account or as broker, of real property or the development,
syndication, or subdivision, of real property of construction
thereon of buildings or structures.
ARTZCLE ZV - STATENENT$ OF ECONONIC ZNTERE~T
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 401: 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)
A filer's first Statement shall be filed not less than thirty {30) days
after the filer assumes the designated position to which he/she is
appointed, promoted or transferred.
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 1, 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.
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SECTION 404: Periods Covered by Statements.
A. First Statements.
NO period of time is covered by a fller's first statement. A first
statement shall report all reportable investments and interests in real
property extsting 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 tlme of f111ng 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 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 thlrd and subsequent statements, filed prior to April
i 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.
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;
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;
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(e)
In the case of an Investment which constitutes fifty percent or more of
the ownership interest in a business entlty, 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 acqulred 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.
Am
When income is reportable by the filer under thls 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 recelved.
Be
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)
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 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 pro-
tected by a legally recognized privilege may decline to report the
same, but shall file with the Statement of Economic Interests an
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(2)
(3)
(4)
(5)
(6)
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.
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.
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.
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 reconmendation 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 Poway. 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.
ARTICLE V - DI$(iUALIFI~TION
SECTION 500: Circumstances Requlrin9 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:
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(a) Any business enttty in which the designated employee has a dtrect or
indirect investment which ls reportable; or
(b) Any real property in which the designated employee has a direct or
indirect interest whlch Is reportable; or
(c)
Any source of reportable lncome (which does not lnclude loans by a com-
mercial lending instltution In the regular course of buslness) aggre-
gatlng two hundred flfty dollars or more In value received by or
promlsed to the deslgnated employee within twelve months prlor to the
time when the deciston is made; or
(d)
Any buslness entity In which the designated employee Is a director,
officer, partner, trustee employee, or holds any posltlon of manage-
ment.
As used in this section, making or participating In the making of any City decl-
sion, or uslng his or her official position in lnfluenclng a City decision shall
not include:
Appearances by a designated employee before a City official, employee,
board or con~nisslon 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 compensation or the terms or conditions of their employment or
contract.
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 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 commission,
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 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.
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
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Be
"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.
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;
(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.
ARTICLE V! - E#FORCENENT
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 Government 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 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.
&PPL~IOIX TO ARTICLE V!
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 §§glOO{a), 87300;
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(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
A fine of up to the greater of ten thousand dollars or three tlmes the
amount the person failed to report properly may be tmposed upon convic-
tion for each violation (Gov't. Code §glo00(b));
No person convicted of such a mlsdemeanor shall be a candidate for any
elective office or act as a lobbyist for four years thereafter unless
the sentencing court determlnes otherwise, and that any convicted per-
son doing so is guilty of a felony (Gov't. Code §91003(b);
Persons may sue to enjoln violations or to compel compllance with the
Act and thls Code, and the offlclal governmental actlon may in
appropriate circumstances be set aside by the court as void (Gov't.
Code §91003(b));
Any person who violates a provlslon of this Code is subject to
discipline by hls employlng agency, lncludlng dismlssal, consistent
wlth applicable personnel laws, regulations and procedures (Gov't.
Code §91003.5);
Any person who intentlonally or negligently violates any of the
reporting requlrements of the Act and this Code shall be liable in a
clv11 actlon for an amount not more than the amount or value not pro-
perly reported (Gov't. Code §91004);
Any designated employee who realizes an economlc benefit as a result of
a disquallflcatlon provlslon of this Code Is 11able In a civ11 actlon
for an amount up to three times the value of the benefit (Gov't. Code
§91005(b));
Persons flllng late statements or reports may be 11able to the filing
offlcer 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 verifles any statement or report required to
be filed under this Code whlch he knows to be false is guilty of per-
Jury (Gov't. Code §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}.
6/Z/CODE1-15/CP1
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