Res 89-106 RESOLUTION NO. 89- 106
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 87303 OF
THE CALIFORNIA GOVERNMENT CODE AND
RESCINDING RESOLUTION NO. 88-010
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
desginating 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 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 said Code shall file
statements of economic interest pursuant to said Code.
2. Resolution No. 88-010 is hereby rescinded.
PASSED, ADOPTED AND APPROVED, by the Cit~Council of the City of Poway,
California, at a regular meeting thereof this/lt~ day of July, 1989.
I/
Carl R. Kruse, Mayor
ATTEST:
Marjori~ Wahlsten, City Clerk
R/Conflict/CPi
Resolution No. 89- 106
Page 2
STATE OF CALIFORNIA )
) ss,
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. 89-106 was duly
adopted by the City Council at a meeting of said City Council held on the 11th
day of July, 1989, and that it was so adopted by the following vote:
AYES:
Brannon, Emery, Goldsmith, Kruse
NOES: None
ABSTAIN: None
ABSENT: Higginson
Marjorie Ky Wahlsten, City Clerk
City of ~.~Vay
CONFLICT OF ~'HTEI~E~T COOE FOP. THE
CiTY OF
The Political Reform Act, Government Code Sections 81000, et seq., requires
state and local government agencies to adopt and promulgate Conflict of Interest
Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal.
Adm. Code Section 18730, which contains the terms of a standard Conflict of
Interest Code, which can be incorporated by reference, and which may be amended
by the Fair Political Practices Commission to conform to amendments in the
Political Reform Act after public notice and hearings. Therefore, the terms of
2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair
Political Practices Commission are hereby incorporated by reference and, along
with the attached Appendix in which officials and employees are designated and
disclosure categories are set forth, constitute the Conflict of Interest Code of
the City of Poway.
Pursuant to Section 4(A) of the standard Code, designated employees shall file
statements of economic interests with the City Clerk. Upon receipt of the sta-
tements of the Councilmembers, City Manager, and City Attorney, the City Clerk
shall make and retain a copy and forward the original of these statements to the
Fair Political Practices Commission. Statements for all other designated
employees will be retained by the agency.
(Regulations of the Fair Political Practices Commission Title 2, Division 6 of
the California Administrative Code)
18730. Provisions of Conflict of Interest Codes
(a) Incorporation by reference of the terms of this regulation along with
the designation of employees and the formulation of disclosure categories in the
Appendix referred to below constitute the adoption and promulgation of a Conflict
of Interest Code within the meaning of Government Code Section 87300 or the
amendment of a Conflict of Interest Code within the meaning of Government Code
Section 87307 if the terms of this regulation are substituted for terms of a
Conflict of Interest Code already in effect. A code so amended or adopted and
promulgated requires the reporting of reportable items in a manner substan-
tially equivalent to the requirements of Article 2 of Chapter 7 of the Political
Reform Act, Government Code Sections 8100, et seq. The requirements of a
Conflict of Interest Code are in addition to other requirements of the Political
Reform Act, such as the general prohibition against conflicts of interest con-
tained in Government Code Section 87100, and to other state or local laws per-
taining to conflicts of interest.
(b) The terms of a Conflict of Interest Code amended or adopted and
promulgated pursuant to this regulation are as follows:
ADOPTED BY RESOLUTION NO. 89-106
JDly 11, 1989
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"EXHIBIT A"
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regula-
tions Of the Fair Polltlcal Practices Con~nlsslon (2 Cal, Adm. Code
Sections 18100, et seq.), and any amendments to the Act or regulations,
are incorporated by reference into this Conflict of Interest Code.
(2) Section 2. Designated Employees.
The persons holding posltlons listed in the Appendlx are designated
employees. It has been determined that these persons make or par-
ticipate in the making of decisions which may foreseeable have a
material effect on financial interests.
(3) Section 3. Disclosure Categories.
This Code does not establish any disclosure obligation for those
designated employees who are also specified in Government Code Section
87200 if they are designated in this Code in that same capacity or if
the geographical jurisdiction of this agency is the same as or is
wholly included within the jurisdiction in which those persons must
report their financial interests pursuant to Article 2 of Chapter 7 of
the Political Reform Act, Government Code Sections 87200, et seq. ~/
Such persons are covered by this Code for disqualification purposes
only. With respect to all other designated employees, the disclosure
categories set forth in the Appendix specify which kinds of financial
interests are reportable. Such a designated employee shall disclose in
his or her statement of economic interests those financial interests he
or she has which are of the kind described in the disclosure categories
to which he or she is assigned in the Appendix. It has been determined
that the financial interests set forth in a designated employee's
disclosure categories are the kinds of financial interests which he or
she foreseeably can affect materially through the conduct of his or her
office.
[/ Designated employees who are required to file statements of econo-
mic interests under any other agency's Conflict of Interest Code, or under
Article 2 for a different jurisdiction, may expand their statement with both
entities in lieu of filing separate and distinct statements, provided that each
copy of such expanded statement filed in place of an original is signed and
verified by the designated employee as if it were an original. See Government
Code Section 81004.
(4) Section 4. Statements of Economic Interests: Place of Fllln~.
The code reviewing body shall instruct all designated employees withln
its code to file statements of economic interests with the City Clerk.
2/
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the
agency on the effective date of this Code, as originally adopted,
promulgated and approved by the code reviewing body, shall file
statements within thirty days after the effective date of this
Code. Thereafter, each person already in a position when it is
designated by an amendment to this Code shall file an initial
statement within thirty days after the effective date of the
amendment.
(B) Assuming Office Statements. All persons assuming designated
positions after the effective date of this Code shall file state-
ments within thirty days after assuming the designated positions,
or if subject to State Senate confirmation, thirty days after
being nominated or appointed.
(C) Annual Statements. All designated employees shall file
statements no later than April 1.
(O) Leaving Office Statements. All persons who leave designated
positions shall file statements within thirty days after leaving
office.
(6) Section 6. Contents of and Period Covered by Statements of
Economic Interests.
(A) Contents of Initial Statements. Initial statements shall
disclose any reportable investments, interests in real property
and business positions held on the effective date of the Code.
~/ See Government Code Section 81010 and 2 Cal. Adm. Code Section 18115
for the duties of filing officers and persons in agencies who make and retain
copies of statements and forward the originals to the filing officer.
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(B) Contents of Assuming Office Statements. Assuming office sta-
tements shall disclose any reportable investments, interests in
real property and business positlons held on the date of assuming
office or, if subject to State Senate confirmatlon or appointment,
on the date of nomination.
(c) Contents of Annual Statements. Annual statements shall
disclose any reportable investments, interests in real property,
income and business positions held or received during the previous
calendar year proVided, however, that the period covered by an
employee's first annual statement shall begin on the effective
date of the Code or the date of assuming office whichever is
later.
(D) Contents of Leaving Office Statements. Leaving office state-
ments shall disclose reportable investments, interests in real
property, income and business positions held or received during
the period between the closing date of the last statement filed
and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by
the Fair Politlcal Practices Commisslon and supplied by the agency, and
shall contain the following information:
(A) Investments and Real Property, Disclosure. When an investment
or an interest in real property ~ is required to be reported, ~/
the statement shall contain the following:
1. a statement of the nature of the investment or interest;
~/ For the purpose of disclosure only (not disqualification), an interest
in real property does not include the principal residence of the filer.
~/ Investments and interests in real property which have a fair market
value of less than $1,000 are not investments and interests in real property
within the meaning of the Political Reform Act. However, investments or
interests in real property of an individual include those held by the
individual's spouse and dependent children as well as a pro rata share of any
investment or interest in real property of any business entity or trust in which
the individual, spouse and dependent children own, in the aggregate, a direct,
indirect or beneficial interest of ten percent {10%) or greater.
2. 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;
3. the address or other precise location of the real
property;
4. a statement whether the fair market value of the invest-
ment or tnterest in real property exceeds one thousand
dollars ($1,000), exceeds ten thousand dollars ($10,000), or
exceeds one hundred thousand dollars ($100,000).
(B) Personal Income Disclosure. When personal income is required
to be reported, ~/ the statement shall contain:
1. the name and address of each source of income aggre-
gating two hundred fifty dollars ($250) or more in value or
fifty dollars ($50) 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, or in the case of a loan, the hlghest amount
owed to each source, was one thousand dollars ($1,000) or
less, greater than one thousand dollars ($1,000), or greater
than ten thousand dollars ($10,000);
3. a description of the consideration, if any, for which
the income was received;
4. in the case of a gift, the name, address and business
activity of the donor and any intermediary through which the
gift was made; a descriptlon of the gift; the amount or value
of the gift; and the date on which the gift was received;
5. in the case of a loan, the annual interest rate and the
security, if any, given for the loan.
~/ A designated employee's income includes his or her community property
interest in the income of his or her spouse but does not include salary or reim-
bursement for expenses received from a state, local or federal government
agency.
(C) Business Entity Income Disclosure. When income of a business
entity, inclu~ing income of a sole proprietorshlp, is required to
be reported, ~/ the statement shall contain:
1. the name, address and a 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 ($10,000).
(D) Business Position Disclosure. When business posltions are
required to be reported, a designated employee shall list the name
and address of each business entity in which he or she Is a direc-
tor, officer, partner, trustee, employee, or in which he or she
holds any posltlon of management, a descrlptlon of the business
activity in whlch the business entity Is engaged, and the
designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case
of an annual or leaving office statement, if an investment or an
interest in real property was partially or wholly acquired or
disposed of during the period covered by the statement, the state-
ment shall contain the date of acqulsitlon or disposal.
(8) Section 8. Disqualification.
No designated employee shall make, participate in making, or in any way
attempt to use his or her official posltlon to influence the making of
any governmental decision which he or she knows or has reason to know
will have a reasonably foreseeable material flnanclal effect, disting-
uishable from its effect on the public generally, on:
(A) any business entlty in which the designated employee has a
direct or indirect investment worth one thousand dollars ($1,000)
or more;
~/ Income of a business entity is reportable if the direct, indirect or
beneficial interest of the filer and the filer's spouse in the business entity
aggregates a ten percent (10%) or greater interest. In addition, the disclosure
of persons who are clients or customers of a business entity is required only if
the clients or customers are within one of the disclosure categories of the
filer.
(B) any real property in which the designated employee has a
direct or indirect tnterest worth one thousand dollars ($1,000) or
more;
(C) any source of income, other than gifts and other than loans
by a commercial lending institution in the regular course of busi-
ness on terms available to the public without regard to official
status, aggregatlng two hundred fifty dollars ($250) or more in
value provided to, received by or promised to the designated
employee within twelve months prior to the time when the decision
is made;
(D) any business entity in which the designated employee is a
director, officer, partner, trustee, employee, or holds any
position of management; or
(E) any donor of, or any intermediary or agent for a donor of, a
gift or gifts aggregating $250 or more In value provided to;
recelved by, or promised to the designated employee within ZZ
months prior to the time when the decision Is made.
No designated employee shall be prevented from making or
partlclpatlng In the making of any decision to the extent hls or
her partlclpation Is legally requlred for the declslon to be made.
The fact that the vote of a deslgnated employee who is on a voting
body Is needed to break a tie does not make his or her partlclpa-
tion legally required for purposes of this section.
(9) Section 9. Manner of Disqualification.
When a designated employee determines that he or she should not make a
governmental decision because he or she has a disqualifying interest in
it, the determination not to act must be accompanied by disclosure of
the disqualifying interest. In the case of a voting body, this deter-
mination and disclosure shall be made part of the agency's official
record; in the case of a designated employee who is the head of an
agency, this determination and disclosure shall be made in writing to
his or her appointing authority; and in the case of other designated
employees, this determination and disclosure shall be made in writing
to the designated employee's supervisor.
(10) Section 10. Assistance of the Commission and Counsel.
Any designated employee who is unsure of his or her duties under this
Code may request assistance from the Fair Political Practices
Commission pursuant to Government Code Section 83114 or from the
attorney for his or her agency, provided that nothing in this section
requires the attorney for the agency to issue any formal or informal
opinion.
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(11) Section 11. Violations.
This Code has the force and effect of law. Designated employees
violating any provision of this Code are subject to the administrative,
criminal and civil sanctions provided in the Political Reform Act,
Government Code Sections 810D 91D14. In addition, a decision in
relation to which a violation of the disqualification provisions of
this Code or of Government Code Section 87100 or 87450 has occurred may
be set aside as void pursuant to Government Code Section 91003.
(Gov. Code Sections 87300-87302)
History:
(1) New section filed 4/2/80 as an emergency; effective
upon filing.
{2) Editorial correction.
(3) Amendment filed 1/9/81; effective 2/8/81.
{4) Amendment filed 1/26/83; effective 2/25/83.
{5) Amendment filed 11/10/83; effective 12/12/83.
{6) Amendment filed 4/13/87; effective 5/13/87.
5-1/K/Code1-11/CP12
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- APPENDIX A
Positlon
COMMITTEES/COMMISSIONS/TASK FORCES
APPOINTED BY CITY COUNCIL
Business Advisory
Migrant Worker Relations
Old Poway Specific Plan Advisory
Parks & Recreation Advisory
Performing Arts Advisory
Redevelopment Advisory
Transportation Task Force
Disclosure Categories
3, 6
3, 4, 6
3, 6
3, 4, 6
3,6
3, 4, 6
3, 4, 6
LEGISLATIVEIAliNINISTRATXVE
Assistant City Manager
Assistant to the City Manager
Deputy City Attorney
Assistant City Attorney
City Clerk
Management Analyst
Management Assistant
1,2
2, 3, 4, 6
1,2
1~2
1,2
2, 3, 4, 6
2, 3~ 4, 6
ABNINISTRATZVE SERVICES
Administrative Services Director
Personnel Manager
Finance Manager
General Services Manager
Customer Service Manager
Senior Accountant
Accountant
Senior Management Analyst
Management Analyst
Management Assistant
1,2
3, 7
1,2
1,2
3, 7
1,2
1,2
3~ 4, 7
3, 4, 7
3, 4, 7
CONNUNZTY SER¥ICE$
Con~nunity Services Director
Con~nunlty Services Manager
Park and Landscape Manager
Park and Landscape Supervisor
Recreation Supervisor
Senior Management Analyst
Management Analyst
Management Assistant
Performing Arts Manager
1, 2
2, 3~ 4, 6
3, 7
3, 7
3, 7
3, 4, 7
3, 4, 7
3, 4, 7
3, 7
Position
Planning Servlces Olrector
Assistant Planning Director
Senlor Pl=nner
Associ=te Pl=nner
Assistant Planner
Code Compliance Officer
Disclosure Catecjortes
~,2
2, 3, 4, 7
2, 3, 4, 7
2, 3~ 4, 7
2, 3, 4~ 7
2,3,4,7
PUBLIC SER¥ICE$
Public Services Director
City Engineer
Senior Civil Engineer
Public Services Operations Manager
Assist. Public Services Operations Manager
Senior Management Analyst
Management Analyst
Management Assistant
Public Services Inspection, Supervisor
2, 3, 4, 6
2, 3, 4, 6
2, 3, 4, 6
2, 3, 4, 6
2, 3, 4, 6
2, 3, 4, 6
2, 3, 4, 7
2, 3, 4, 7
2, 3, 4, 6
1,2
3,7
3, 7
SAFETY SERVICES
Safety Services Director
Battalion Chief
Code Compliance Officer
COGULTANT~. Any person employed by the City to provide consulting 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 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, recommen-
dation 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.
-- APPENO~X B
General Provisions
When a deslgnated employee is required to dlsclose Investments and sources
of income, he need only disclose investments in business entities and sources of
income which do business in the jurisdiction, plan to do business in the juris-
dlctlon or have done business In the Jurlsdiction withln the past two years. In
addltlon to other activities, a business entity is doing business within the
jurisdiction if it owns real property within the jurisdiction. When a
designated employee is required to disclose interests in real property, he need
only disclose real property, other than his principal residence, which is
located in whole or in part within or not more than two miles outside the boun-
daries of the jurisdiction or within two miles of any land owned or used by the
local government agency. For further explanations, see Section 7 of Conflict of
Interest Code provisions attached hereto.
Designated employees shall dlsclose their financlal Interests pursuant to
the appropriate dlsclosure category as indicated in Appendix A.
Disclosure Categories
Category 1: All Investments and sources of income.
Category 2: All interests in real property.
Category 3:
All investments, interests in real property and sources of income
subject to the regulatory, permit or licensing authority of the
department, board or commission.
Category 4:
Investments in business entities and sources of income which
engage in land development, construction or the acquisition or
sale of real property.
Category 5:
Interests in real property located within two miles of any land
owned or used by the City of Poway.
Category 6:
Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City of
Poway to provide services, supplies, materials, machinery, or
equipment.
Category 7:
Investments in business entities and sources of income of the type
which, within the past two years, have contract with the
designated employee's department or board or commission, to
provide services, supplies, materials, machinery or equipment.