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HomeMy WebLinkAbout1980-05-06; City Council; 6049-1; H&R Advisory Committee conflict codeL AGENDA BILL CITY OF CARLSBAD DATE : May 6, 1980 DEPARTMENT: Housing and Redevelopment Subject: ACCEPTANCE 01; CARLBAD mNG AND R”EVkLum1 ADVISORY COMMITTEE CONFLICT CODE FOR PUBLIC HEARING ON MAY 20, 1980 Statement of the Matter -_ \ ,’ On April 28, 1980, the Carlsbad Housing and Redevelopment Advisory Committee held a Public Hearing for the purpose of considering adoption of a Conflict of Interest Code pursuant to the. provisions of Council Resolution No. 5975, which requiresttagenciestt of the City to adopt such codes. The Rules of Procedure for the adoption of such Codes requires that upon approval, they be submitted to the City Council for Public Hearing and action. Th,e setting of the required Council hearing must occur not later than 10 days following Counciles receipt of the documents. The subject documents are transmitted herewith ( exhibit , ) for acceptance and consideration at a hearing on May 20, 1980. EXHIBITS 1. Proposed Code .- 2. Declaration of notice and hearing requirement compliance 3. Summary of Hearing held by Advisory Committee. RECOMMENDATION Accept documents for review and direct clerk to notice a public hearing for May 20, 1980, to consider approval. Council Action: 5-6-80 Council accepted the documents for review and directed the Clerk to notice a public hearing for M ay 20, 1980, to consider approval. R , - A. .. .. CL,,ELICT OF INTEREST CODE _I * OF TH€$.CITY OF CARLSBAD ARTICLE I. GENERAL .. SECTICX 100: Title: This Code shall be known and may be 0 cited 2s "Conflict of Interest Code of the City of Carlsbad". SECTION 101: Authority: This Code is adopted pursuant to the provisions -Political Reform Act of 1974". (Article 3 [(commencing with §87300] of Chapter 7 of Title 9 oE the Government Code, hereinafter referred to as the "Act") , SECTION 102: Adoption by City Agencies: A. This Code is adcpted by the following Agencies of the City: City Attorney, City Kanager, City Clerk, City Treasurer, Planning Commission and the Building Advisory and Appeals Eoard, The City Manager in adopting this Code acts on behalf of City staff for all departments of the City anE the Housing Authority. B. The City Council, in reviewing and approving this Code, .. approves the prczedure for determining existence of a .- disclosure privilege set forth at Ser tion 407. -. C. Each Agency =.%s;cing this Code adopts all provisions . hereof except <3se portions of Section 300 not applicable to said Agexc.,:. Any portion of this Code may be amended by any Ageccy rcting independently of any other Agency and any suck Ly-endment shall be effective only as to the Agency ziEoscing it, SECTION 103: Purpose: The City Agencies adopt this Code to: A. Assure that all employees designated herein perform their duties in an impartial manner, free from bias caused by financial interests; B. Enumerate and differentiate the positions of employment within th2 City which involve the making of decisions which may fszeseeably 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 report- able for each positix; e .L.- I . .. .I . . .. - E. *' - Require that de nated employees disyualf- themselves \ from participation in City decision-making .Jhich may 8 involve a conflict of interest; and Assure that City Conflict of Interest regulations are uniform throughout the Agencies of the City. SECTION 104: Effective Date: This Code, shall be effective . on, ~ctober 3. 1979 the day following its approval by the Code Reviewing Body, the City Council of the City of Carlsbad, California. ARTICLE 11. INTERPRETATION AND DEFINITIONS SECTION 200: Xnterpxetation and Definitions: This Code is to be liberally construed to effectuate its purposes and those of the Act and regulations adopted. under it. The definitions contained in said Act and regulations are incor- porated herein by this reference, and shall govern this Code. Unless the contrary is stated or clearly appears from the context, the definitions set forth in this Article shall govern the interpretation of this Code. The meanings of words and terms used in these definitions shall be deemed to be the same as, or as compatible as possible with, the meanings of such words and terns used in the Act and in rules and regulations adopted under the authority of the Act by the Commission, but in the event of any conflict, the definitions contained in said Act and said rules and regulations .. shall govern. .. . SECTION 201: Act. "Act" means the Political Reform Act of . 1974, comprising Title 9 (commencing with Section 81000) of the Government Code of the State of California. .- SECTION 202: Agency. "Agency" means any agency, board or commission of the City of Carlsbad as specified in Section 102. SECTION 203: City or Jurisdiction. "City or jurisdiction" means .the City of Carlsbad, California, Provided, however, that for designated employees whose duties involve the participation in the making of decisions affecting the Encina Sewer Treatment Plant, and Planning Commission members, city or jurisdiction shall be-deemed to include the area served by said plant. SECTION 204: City Council, "City Council" means the'city. Council of the City of Carlsbad, California. SECTION 205: Code Reviewing Body. "Code Reviewing Body" means the City Council of the City of Carlsbad, California. '. .- .. '2. . SECTION 206: Desi,-dted employee. "Dcsigna 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 this Code as a designated position. SECTION 207 : Designated Position. "Designated position" means a position with the City specified in Section 300 of this Code and requiring disclosure as provided in this Code because the position entails the makinj or participating in the xnztlcing of decisions which may foreseeably have a material. 'effect on a financial interest. I. SECTION 208 : Regulations: "Regulations" mean the regulation of the Fair Political Practices Commission adopted pursuant to Title 9 of the Government Code and reported-at Title 2 of the California Aministsative Code commencing with Section 18100. ARTICLE' 111 DESIGNATED POSITIONS, DISCLOSURE BY DESIGNATED EMPLOYEES SECTION 300: Designzted Positions: The positions and categories within tks City listed in this section are hereby - established as "deslpated positions". position with the City is a designated position is a designated enployee. provide in Artic7-e ZY, those financial interests which are within the catepzriss (designated in Section 302) represented by the letter(s) fellowing the listed position. Any person whose Desigaz5s2 employees shall disclose in the manner Positicn Disclosure Categories .A. City Staff City Manager: Accountant B/ D, F Assistant City Manager A, c, E Assistant to City Manager A, D/ F Assistant Finance Director A/ D, E Assistant Library Director B/ D, F Associate Planner A/ C? E Building Ix;ector Ar D/ E Building Cfficial A/ c/ City Engineer A, C? E Civil Engineer Associate A/ D/ E Construction Inspector . A/ D? E Construction Supervisor A/ D, E . I) Administrative Assistant I and I1 A/ D, F Assistant Planner A, C, E Civil Engineer Assistant - A, D, E 3. ... Director of ReLLVelopment and Housing A? C? E Equipment Maintenance Superintendent B? D? F Finance Director A? C? E Fire Chief A, C? E Fire Battalion Chief B, D, F ' Library Eirector . A? C? E License Supervisor A, D? F Parks and Recreation Director A? D? F Parks Superintendent B? D? F Plan Check Inspector A? D? E Planning Director A, C? E Police Chief A? c, E Police Captain A? C? E Principal Civil Engineer A, C? E Principal Planner A? c, E Public Works. Administrator A, C? E Purchasing Officer A, C? E Recreation Superintendent B, D? F Redevelopment Coordinator A? C? E Senior Construction Inspector A? D? E Street Maintenance Superintendent B? D? Transportation Engineer A? D? E a Utilities Maintenance Manager A? c, E . Utilities Maintenance Superintendent BI D, F , Fire Captain Assigned to Prevention'Bureau A, D, E B, City Attorney's Office: City Attorney A? c, E . C, City Clerk A, C? E Deputy City Clerk A? D? E - D, City TrcaSUreK A, Cr E Assistant City cittorney .' . AI C, E z E. Building Advisory and Appeals Board Members B, DI F F, Planning Commission Members A? C? E Housing and Redevelopment Advisory Committee Members 'A, C, E . ( G- SECTION 301: Consultants. Any person employed within an Agency to provide consulting services shall be designated in the employment contract as a designated employee if the Agency determines that such person may re:asonably 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, Articlc 2 of the Government Code. For the purpose of this section, a consultant shall include any natural person who provides under contract, information, advice, recommendation or counsel to an Agency, provided, however, that "consultant" not include a person who: . '. A. B. Conducts research and arrives at conclusion with respect to his or her renditions of information, advice, recom- mendations or counsel independent of control and directions of the Agency or of any Agency official, other than normal control monitoring; and Possesses no authority with respect to any Agency decisions beyond rendition of information, advice, recommendation or counsel. SECTION 302: Categories of Reportable Economic Interest. The categories of reportable economic interest for the purpose of this Code shall be: A. Category A. All inclusive reportable investments. A designated em2loyee in this category shall disclose all investments (worth more than $1,000) in a City related-business entity which are: ' (5) Owned by the designated employee, his or her spouse or dependent child: Owned by an agent on behalf of the designated employee; Owned by business entity contxolled by the Z. designatz!, szployee (i.e., any business entity in, which th Zzsignated employee, his or her agents, spo'use 2r-L -5ependent children hold, individually or collesti-Taly, more than a 50% ownership interest); Owned Sy I trust in which the designated employee has a sc3stantial interest (ibe., a trust in which the desigzated employee, his or her spouse and dependent children have a present or future interest worth more than $1,000) ; Held or owned by any business entity or trust in which the designated employee, his or her spouse. and dependent children own, individually or collectively, directly, indirectly or beneficially, a 10% interest or greater, to the extent of the pro rata share (if wcr5 more than $1,000) of the designated emplarss , his or her spouse and. dependent children. I. "Investment" means any fiiancial interest in or security issued by a City related business entity, including, but not limited to common stock, preferred stock, rights, warrants, ownership interest. ' options, debt instruments and any partnership or other .. . A business entity is "City related" if and only if the business entity or any parent, subsidiary or otherwise related business entity: (i) has an interest in.real property within the jurisdiction, (ii) does business in the City, or (iii) did business or plans to do business in the City at any time during the period commencing two years prior to and ending one year after the time the designated employee is required by this Code to file his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a City decision. ' No asset is deemed an "investment" unless its fair market value exceeds $1,000. The term "investment" does. not include a time or demand deposit In a financial institution, shares in a credit union, any insurance policy, or any bond or other debt instrument issued by any government or. government agency. B. Category B. Less inclusive reportable investments. A designated employee in this category shall disclose, and only those, Category A reportable investments which pertain to a business entity, a business activity of which is that of: .. (3) . Providing within the last two years, or foreseeably in the future, services, supplies, materials, :: machinery or equipment to the City; Conducting a business in the City which requires a business license therefor pursuant to ordinances of the City; Sale, purchase, exchange, lease or rental, or financing, for its own accoun't 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. C. Category (2.' All Inclusive Reportable Interests In Real Property. A designated employee in this category shall disclose all interests (worth more than $1,000) in r-ea1 property located within the jurisdiction if the interests are: (1) Held or owned by the designated employee, his or (2) her spouse and dependent child; or Owned by an agent on behalf of the designated employee ; Owned by any business entity controlled by the designated employee (i.e., any business.entity in which the designated employee, h'is or her agents, spouse and 6ependcnt children hold more than a 50% ownership interest) ; Owned by a trust in which the designated employee has a substantial interest (i.e., a trust in which the designated employee, his or her spouse and dependent children have a present or future interest worth more than $1,000); Representing the pro rata share (worth more than $1,000) of the designated employee, his or her spouse and dependent children,'of investments of. any business entity or trust in which the designated employee, his or her spouse and dependent children own, directly, indirectly or beneficially, a 10% interest or sreater. .- any leasehold, beneficial to acquire such an not- include the principal "Interest in real property" includes or ownership interest, or any option interest, in real property, but does resident of the filer. Real property shall be Eeemed to be "located within the -jurisdiction" if the 2roperty or any part of it is located: within or not more tkzz two miles outside the boundaries of the City or within t-~z ziles (or in the case of City owned property located in 225 City of Oceanside as shown on Appendix A, five h~?L-td feet) of any land owned or used by the D.. city. Category D. Sess inclusive reportable interests in real property. A designated employee in this category shall disclose those, and only those, Category C repartable interests in real property where the property or any part of it is located within or not more than 500 feet outside the boundaries of the City. E. Category E. All inclusive reportable income. A designate? orr.2loyee in this category shall disciose all income of the designated employee from any City related source aggr.egating $250 or more (or $25 or more in the case of gifts) during the reporting period. .v (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, .. I advance, payment, honorarium, award gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness, discount in the price of anything of value unless the discount is available to members of the general public without regard to official status, rebate, reimbursement for expenses, per diem, or contribution to'-an insurance or pension program paid by any person other than an employer, and including any community property interest in income of a spouse from any City related source. Income of an individual also includes a pro rata share of any income of any City related business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a ten percent interest or greater. A source, business entity or trust is "City related" if and only if he, she or it: (i) resides in the jurisdiction, (ii) has an interest in real property within the jurisdiction, (iii) does business in the City, or (iv) did business or plans to do business in the City at any time during the period commencing two years prior to and ending one year after the time the designated employee is required by this Code to file his or her next Statement of Economic Intelrests or to disquality himself or .. .. herself.with respect to a City decision. .- (2) "Income" does not include: (a) Campaign contributions required to be reported (b) Salary and reimbursement for expenses or per diem received from a state or local government agency and reimbursement for travel expenses and per diem received from a bona fide educational :. under Chapter 4 of the Act; , academic or charitable organization; (c) Gifts of informational material, such as books, pamphlets, reports, calendars or periodicals; (a) Gifts which are not used and which, within thirty days after receipt, are returqed to the donor or delivered to a charitabl; organi- zation without being claimed as a charitable '. contribution for tax purposes; (e) Gifts exchanged between a designated employee and an individual on holidays, birthdays or similar occasions except to the extent that the gift given by the-employee exceeds the value of the gift received. . .. '. .- 'I . .. **. . -. . (If) Gifts from an indfvidual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister- in-law, aunt, uncle, or first cousin or the spouse of any such person: provided that a gift from any such person shall be considered income if the donor is acting as an agent.or intermediary for any person not covered by this paragraph, L ($J) Gifts of hospitality involving food, beverages, OK lodging provided to the designated einployee; if such hospitality has been reciprocated within the filing period. "Reciprocity" as used in this subsection includes the providing by the designated employee to the host of any consideration, including entertainment or household gift of a reasonably similar benefit - or valae; 9 (41) Any devise or inheritance; (i) Interest, dividends or premiums on a time or demanB 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 . isscs.', by any government or government agency; (3) DivLCs-.ds, interest or any other return on a sec;l=Lty which is registered with the Securities an2 Exchange Commission of the United States Govzzxmen t : Loans by' a commercial lending institution in (&) . the regular course of business. (3) "Honorarium" means a payment for speaking at any event participating in a panel or seminar or engaging in any similar activity. For purposes of this subdivision, free admission, food, beverages and similar nominal benefits provided to a filer at an event at which he or she speaks, participates in a ga~el or seminar, or performs a similar servlss, and reimbursement or advance -for a,ctual intrz-scate 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 sift unless the prize or award is received on the basis of a bona fide competition not related to the designated employee's official status. Prizes or awards which arc not disclosed as gifts shall be * v - $, disclosed as income. ~ ~- -~ F. Category F. Less inclusive types of reportable income. A designated employee in this category shall disclose those, and only those types of Category E reportable income which are derived from a source, an activity of which is that of: Providing within the last two years, or foreseeably in the future, services, supplies, materials, machinery or equipment to the City. Conducting a business in the City which requires a business license therefor pursuant to ordinances of the City. Sale, purchase, exchange, lease or rental, or financing, €or 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. STATEMENTS OF ECONOMIC INTEREST - .. 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 Governmen: Code Sections 81010 and 91013 to the Of%ice,of the City Clerk, provided, however, that the responsibility for the timely receipt of such such Statements, remains with the City. . Statements and the proper administration of . SECTION 402: Time of Filing First Statement. .. A filer's first Statement shall be filed: 10 f .. -..., .. *. SECTION 4 0 3 :' (a> . SECTION -404 : . 'B. .. By a person who is a designated employee on the ef€ective.date of this Code - within thirty days after the effective date of this Code. . By a person who, after the effective date of this Code, is appointed, promoted or transferred to a designated position which is not exempt from the competitive service of the City within thirty days after such appointment, promotion or transfer. By any other person who, after the effective date of this Code is appointed, promoted or transferred to a designated position, not less than ten days before the person assumes the designated position to which he is appointed, promoted or transferred, unless an earlier assun?ption of the position is required by emerpxy circumstances certified to by the City 1-Imager, in which case the Statement shall be filed within thirty days after assur;?tion of the designated position. Time cf Filing Subsequent Statements. Subsspent to the filing of a filer's first Statezent, the filer shall annually, during .. the mnth of March, file subsequent Statements I. of Economic Interests. I. - Ev2r3; 2esignated employee leaving a designated poslzian and not assuming another shall, wit?Lz thirty days of leaving,' file a Statement of Economic Interests. Pezi2/3s Covered by Statements. First Statements. No period of time is covered by a filer's first statement, A first statement shall report all reportable investments and interests in real property existing at the time of filing. Income shall. not be reported in a first statement. Second Statement. A filer's sscmd statement shall cover that portion of the precsEz5 calendar year which is subsequent to the time of filing the first statement. If a person assumes a-position as a designated employee between October 1 and December 31 and files a Statement of Economic Interests pursuant to Section 402, that person need not file a second statement until one year later than March oE the next year. 11. D; Period Covered By Filer's Third and Subsequent' Statements. Each of a filer's third and subsequent statements, filed in March of each year, shall cover the preceding calendar year . . Period Covered by Filerrs 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'statemcnt, whether or not they are held at the time of filing..' SECTION 405: Amendments.' Any statement filed pursuant to this Code may be amenaed by the filer at any time. Amending an incorrect or incomplete statement may be considered as-evidence of good faith for purposes of en€orcernent of this Code. SECTION 406: Contents. Disclosures of Reportable Investment property is reportable by the filer under this Code, the statement shall contain: .and Interests. When an investment or an interest in real 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; 12. The address or other precise location of the real property; 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; In the case of an investment which constitutes fifty percent or more of the ownership interest in a business entity, disclosure of the investments and interest in real property of the business entity; In the case of a filer's second or subsequent statement, if the investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the date oE acquisition or disposal (Government Code Section 87206). 8 .. .. (9) Disclosure of the'location or value of the ' ' principal residence of .the filer is not required. SECTION 407: Contents. Disclosure of Reportable Income. A'. Vnen income is reportable by the filer under this Code, the Statement shall contain, except as provided in Subsection C: (1) The name and address of each source of income aggre- I gating 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 cas2 of a gift, the amount and the date on which the qift was received. B. When income of 3 business entity, including income of a sole. . proprietorship, is reportable by the filer under this Code, the Statement ~311 contain: .. (1) The nm.4, nddress and general description of the business zztivity of the business entity; .(2) In ths CES~ of a business entity which provides legal ox Lrokerage services, the name of every person who pz.Fii ftes to the bus'iness entity if the filer's pro rata share of fees from such person was equal to or greater than one thousand dollars; (3) In the case of a business entity not covered by paragraph (2), the name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars during a calendar year. C. A designztt2 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: '. 13. c (1) A designated employee who believes that a person's c-- name is protected by a legally recognized privilege may decline to report the same, but shall file with the Statement of Economic Interests an explanation for such nondisclosure. The explanation shall separately state for each undisclosed person the legal basi.s for assertion of the privilege and, as specifically as possible without defeating the privilege, facts which demonstrate why the privilege is applicable. 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. employee shall', within fourteen days after receipt the order or, if he'wants to challenge the determination of -the Agency, appeal the determination, in writing, to the City Council. 4 (2) With respect to each undisclosed person, the (3) The designated . of an order from the Agency, either comply with (4) If the Agency ;determines that nondisclosure is justified because of the existence of a privilege, the matter shall be referred to the City Council. The City Council shall review an appeal filed under Paragraph (3) or a recommendation made by the Agency under Paragraph (4) at a meeting held no less than thirty days after notice of the meeting is mailed to the designated employee, the Attorney General and both the District Attorney of San Diego County and the City Attorney of the City of Carlsbad. 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 time periods established in this regulation. (5) (6) 14. .I ARTICLE V. DISQUALIFICATION SECTION 500: Circumstances Requiring Disqualification. Except as provided in Section 502, it shall be the duty of each designated employee to disqualify himself or herself from making or participating in the making of City decisions, or fron using his or her official position to influence a City ciecision, 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: -, .. Any business entity in Fhich the designated employee has a direct or indirect investment which is reportable; Any real property in which the designated employee has a direct or indirect interest which is reportable; Any source of reportable income (which does not ir-clude loans by a commercial lending institution in the regular course of business) aggregzting two hundred fifty dollars or more in valce received by or promised to the desig:zi",ed employee within twelve months prior to tk time when the decision-is made; or Any ks,zFness entity in which the designated enplcyss is a director, officer, partner, .trcs=rz employee, or holds any position of rnacaSs?ent, I. As used in this sn-cfiDn, making or participating in the . making of any City Cscision, or using his or her official position .. in influepcing a City decision shall not include: (ii) Appearances by a designated employee before a City official, employee, board or commission or City Council in the course of its prescribed governmental function to represent himself or herself on matters relating to his or her personal interest; nor Actions of designated employees or employee representatives relating to their compensation or the terms or conditions of their employment or contract , ., I, SECTION 501: Kanner of Disqualification. A designated employee required to uis'qualify 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. Sn the case of a designated employee who is a consultant, the written notification shall be made to the City officer or employee charged with administration of the consultant's contract. Pn the case of a designated employee who is a member of a board or commission, notice of disqualification shall be given at the meeting during which consideration of the decision takes place and shall be made part of the official record of the board or commission. The member shall then refrain from partici- pating and shall attern2t in no way to use his or her official position to influence any other person with respect to the matter, SECTION 502: Exception to Disqualification. A. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to :;e made. .Participation is not "legally required'' 3 unless there exists no alternative sc-irce of decision con- sistent 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 o€ this section. B. Whenever a public official who has a financial interest in a decision is legally required to make or to participate in making such a decision, he or she shall: (1) Disclose as a matter of official public record the existence of the financial interest; (2) Describe with particularity the nature of the financial interest before he or she makes or participates in making the decision; (3) Attempt in no way to use his or her official position to influence any other public official with respect to the matter; .. (4) State the reason there is no alternative source of decision-making authority; (5) Participate in making the decision only to the extent that such participation is legally required. 16. .. .I' . . .. ARTICLE VI . ET$FORCEMENT I. 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 587100, contained in Chapter 7 of the Act, provides in legal effect that no member, officer, employee or consultant at any level of state or local government shall make, participate in making or in any attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest as defined in Government Code S87103. This self-executing provision of the Act (Government Code S87100) thus applies to any member, officer, employee or consultent of the City of Carlsbad even though not a "designated qiployee" within the meaning of this Code. The requirements of this Code are in addition to the require- ments of Government Code S87100 and to the requirements of any other conflict of ir-terest laws,.such as Government Code SlL030, et seq. .. , APPENDIX TO ARTICLE VI. -. -. The penalty and enfzxement provisions of the Act are summarized A Sezson who knowingly or willfully violates any provisions of this Code is guilty of a mis6ieneanor (Gov't. Code S§91000 (a), 87300) ; A fine of up to the greater of ten thousand dollars or three times the amount the person failed to report properly may be imposed upon conviction for each violation (Gov't. Code . 591000 (b) ) ; - No person convicted of such a misdemeanor shill be a candidate for any ele-ctive, Qffice or act as a lobbyist for four years thereafter unless the sentencing court determines othenqise, and that any convicted person doing so is guilty of a felony (Gov't. Code §91002); 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 531003 (b) ) ; 0 17. I. , . ~ (h) 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 (Government Code S91003.5); 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 properly reported (Government Code 591004) ; Any designated employee who realizes an economic benefit as a result of a disquali- fication provision of this Code is liable in a civil action for an amount up to three times the value of the benefit (Government Code 591005 (b)) : , Persocs filing late statements or reports may be liabile to the filing officer in the amount of ten dollars for each day, but not to exceed the cczulative amount stated in the late statexmt or report, or one hundred dollars, whic&-;er is greater (Government Code S91013) : Every person who signs and verifies any sta=zzsnt or report required to be filed . w.&zz =his Code which he knows to be false is ~-2lty of perjury (Government Code 581034:) ; and The cmrt may award the prevailing party, in zxy action authorized by the Act, his costs of litigation including reasonable attorney's fees (Government Code §31012). . . 18.