Loading...
HomeMy WebLinkAbout1980-05-20; City Council; 6049-2; H&R Advisory Committee conflict code hearing. *. ... CITY OF CARLSBAD AGENDA BILL NO. 0 L/?- Subject' Public Eearing For The Consideration Of Carlsbad Housing 2nd iiedevelopzent Advisory Coimi t tee Con21 ict Code. Statement of the Matter On dpril 28, 1980, the Carlsbad Housing and 2edevelopnent Advisory Committee held a Public Eearing for the purpose of considering adoption of a Conflic-t of Interest Code pursuant to the provisions of Council Resolution No. of the City to adopt such cocies. 5975, which requires "agencies" On iday 6, 1980, tne City Council accepted the Conflict of interest Code proposed by the Housing and Redevelopment Advisory Comii ttee and directed the clerk to set the matter to public hearing on ifay 20, 1980. The Rules of Proceeding For the adoption of Conflict Codes requires that the Council take action on the proposed code following consideration of 2ublic input offered during the hearing process. The subject doculm=nts are transmitted herewith (exhibits 1,2,3) for Council consideration and acceptance. ZXXIBITS : .- ^. 1.Proposed Code 2. Declaration of notfce and hearing requirement comTliance 3. Sulm.iary of Eiearing held 3y Advisory Cormittee Sased upon public inpt offered, Council should take one of the following actions by niinute riotion. a) approve code. 5) revise and approve code. c) return code to Comnittee for revision. Council Action: 5-20-80 - Council approved the Conflict of Interest Code, as submitted. I CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD ARTICLE I. GENERAL SECTION 100: Title: This Code shall be known and may be cited as "Conflict of Interest Code of the City of Carlsbad". SECTION 101: Authority: This Code is adopted pursuant to the provisions of the "Political Reform Act of 1974". (Article 3 [(commencing with S873001 of Chapter 7 of Title 9 of the Government Code, hereinafter referred to as the "Act" ) . SECTION 102: Adoption by City Agencies: A. This Code is adopted by the following Agencies of the City: City Attorney, City Manager, City Clerk, City Treasurer, Planning Commission and the Building Advisory and Appeals Board. The City Manager in adopting this Code acts on behalf of City staff for all departments of the City and the Housing Authority. approves the procedure for determining existence of a disclosure privilege set forth at Section 407. Each Agency adopting this Code adopts all provisions hereof except those portions of Section 300 not applicable to said Agency. Any portion of this Code may be amended by any Agency acting independently of any other Agency and any such amendment shall be effective only as to the Agency adopting it. B. The City Council, in reviewing and approving this Code, C. 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 withi.n 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 report- able for each position: *- e De Require that Lasignated employees disqua-,fy themselves from participation in City decision-making which may involve a conflict of interest: and E. Assure that City Conflict of Interest regulations are uniform throughout the Agencies of the City. SECTION 104: Effective Date: This Code shall be effective on I M AY 21 19.~0 , the day following its approval by the Code ReviewinFBody, the City Council of the City of Carlsbad, California. ARTICLE 11. INTERPRETATION AND DEFINITIONS SECTION 200: Interpretation 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 terms used in the Act and in rules and regulations adopted under the authority of the Act by the Commission, but in the event of any conflict, the definitions contained 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: 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 this Code as a designated position. SECTION 207: Desiqnated Position. "Designated position" means a position with the City specified in Section 300 of this Code and requiring disclosure as provided in this Code because the position entails the making or participating in the making of decisions which may foreseeably have a material effect on a financial interest. SECTION 208: Requlations: "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 Aministrative Code commencing with Section 18100. * ARTICLE I11 DESIGNATED POSITIONS, DISCLOSURE BY DESIGNATED EMPLOYEES SECTION 300: Designated Positions: The positions and categories within the City listed in this section are hereby established as "designated positions". Any person whose position with the City is a designated position is a designated enployee. Designated employees shall disclose in the manner provide in Article IV, those financial interests which are within the categories (designated in Section 302) represented by the letter(s) following the listed position. Position Disclosure Categories A. City Staff under City Manager: Accountant Administrative Assistant I Assistant City Manager Assistant to City Manager Assistant Finance Director Assistant Library Director Assistant Planner Associate Planner Building Inspector Building Official City Engineer Civil Engineer Assistant Civil Engineer Associate Construction Inspector Construction Supervisor 3. .- Director of Redevelopment and Housing Equipment Maintenance Superintendent Finance Director Fire Chief Fire Battalion Chief Fire Captain Assigned to Prevention Bureau Library Director License Supervisor Parks and Recreation Director Parks Superintendent Plan Check Inspector Planning Director Police Chief Police Captain Principal Civil Engineer Principal Planner Public Works Administrator Purchasing Officer Recreation Superintendent Redevelopment Coordinator Senior Construction Inspector Street Maintenance Superintendent Transportation Engineer Utilities Maintenance Manager Utilities Maintenance Superintendent B. City Attorney's Office: City Attorney Assistant City Attorney Deputy City Clerk C. City Clerk D. City Treasurer E. Building Advisory and Appeals Board Members F. Plannina Commission Members G. .Housing -& Redevelopment Advisory Committee A, C, E SECTION 301: Consultants. Any person employed within an Agency to provide consulting services shall be designated in the employment contract as a designated employee if the Agency determines that such person may reasonably be expected to make, participate in making, or in any way attempt to use his position as consultant to influence a City decision in which he has a financial interest. If the Agency is unable to determine whether a consultant should be a designated employee, the consultant shall disclose pursuant to Title 9, Chapter 7, Article 2 of the Government Code. For the purpose of this section, a consultant shall include any natural person who provides under contract, information, advice, recommendation or counsel to an Agency, provided, however, that "consultant" not include a person who: 4. A. 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 B. 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 employee in this category shall disclose all investments (worth more than $1,000) in a City related business entity which are: (1) Owned by the designated employee, his or her spouse or dependent child: (2) Owned by an agent on behalf of the designated employee; 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); (3) (4) Owned by a trust in which the designated employee has a substantial interest (i.e., a trust in which the designated employee, his or her spouse and dependent children have a present or future interest worth more than $1,000); (5) Held or owned by any business entity or trust in which the designated employee, his or her spouse. and dependent children own, individually or collectively, directly, indirectly or beneficially, a 10% interest or greater, to the extent of the pro rata share (if worth more than $1,000) 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. 5. A business entity is "City related" if and only if the business entity or any parent, subsidiary or otherwise related business entity: (i) has an interest in real property within the jurisdiction, (ii) does business in the City, or (iii) did business or plans to do business in the City at any time during the period commencing two years prior to and ending one year after the time the designated employee is required by this Code to file his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a City decision. No asset is deemed an "investment" unless its fair market value exceeds $1,000. The term "investment" does not include a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, or any bond or other debt instrument issued by any government or government agency. B. Category B. Less inclusive reportable investments. A designated employee in this category shall disclose, and only those, Category A reportable investments which pertain to a business entity, a business activity of which is that of: (1) Providing within the last two years, or foreseeably in the future, services, supplies, materials, machinery or equipment to the City; (2) Conducting a business in the City which requires a business license therefor pursuant to ordinances of the City: (3) Sale, purchase, exchange, lease or rental, or ' financing, for its own account or as broker, of real property or the development, syndication or subdivision of real property or construction thereon of buildings or structures within the City. C. Category C. ~ll Inclusive Reportable Interests In Real Property. A designated employee in this category shall disclose all interests (worth more than $1,000) in real property located within the jurisdiction if the interests are: (1) Held or owned by the designated employee, his or her spouse and dependent child; or (2) Owned by an agent on behalf of the designated employee : 6. (3) (4) (5) Owned by any business entity controlled by the designated employee (i.e., any business entity in which the designated employee, his or her agents, spouse and dependent children hold more than a 50% ownership interest) ; 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 greater. "Interest in real property" includes any leasehold, beneficial or ownership interest, or any option to acquire such an interest, in real property, but does not include the principal resident of the filer. Real property shall be deemed to be "located within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the City or within two miles (or in the case of City owned property located in the City of Oceanside as shown on Appendix A, five hundred feet) of any land owned or used by the City. D. Category D. Less inclusive reportable interests in real property. A designated employee in this category shall disclose those, and only those, Category C reportable interests in real property where the property or any part of it is located within or not more than 500 feet outside the boundaries of the City. E. Category E. 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 $25 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, 7. 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, (iil has an interest in real property within the jurisdiction, (iii) does business in the City, or (iv) did business or plans to do business in the City at any time during the period commencing two years prior to and ending one year after the time the designated employee is required by this Code to file his or her next Statement of Economic Interests or to disquality himself or herself with respect to a City decision. "Income" does not include: Campaign contributions required to be reported under Chapter 4 of the Act; Salary and reimbursement for expenses or per diem received from a state or local government agency and reimbursement for travel expenses and per diem received from a bona fide educational academic or charitable organization; Gifts of informational material, such as books, pamphlets, reports, calendars or periodicals; Gifts which are not used and which, within thirty days after receipt, are returned to the donor or delivered to a charitable organi- zation without being claimed as a charitable contribution for tax purposes; 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. 8. (If) Gifts from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister- in-law, aunt, uncle, or first cousin or the spouse of any such person: provided that a gift from any such person shall be considered income if the donor is acting as an agent or intermediary for any person not covered by this paragraph. (g) Gifts of hospitality involving food, beverages, or lodging provided to the designated employee: if such hospitality has been reciprocated within the filing period. "Reciprocity" as used in this subsection includes the providing by the designated employee to the host of any consideration, including entertainment or household gift of a reasonably similar benefit or value : (b) Any devise or inheritance; (i) Interest, dividends or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency: (3) Dividends, interest or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government; (R) 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. this subdivision, free admission, food, beverages and similar nominal benefits provided to a filer at an event at which he or she speaks, participates in a panel or seminar, or performs a similar service, and reimbursement 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 not related to the designated employee's official status. Prizes or awards which are not disclosed as gifts shall be disclosed as income. For purposes of .- 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: (1) Providing within the last two years, or foreseeably in the future, services, supplies, materials, machinery or equipment to the City. (2) Conducting a business in the City which requires a business license therefor pursuant to ordinances of the City. (3) Sale, purchase, exchange, lease or rental, or financing, for its own account or as broker, of real property or the development, syndication, or subdivision, of real property of construction thereon of buildings or structures. ARTICLE IV. 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 Filinq. (a) All designated employees shall file the original statement of economic interests with the City Clerk who is hereby appointed by each Agency to receive them. (b) The City herewith delegates authority for receipt of Statements of Economic Interests and administration of the duties of the filing officer, pursuant to Government Code Sections 81010 and 91013 to the Office of the City Clerk, provided, however, that the responsibility for the timely receipt of such Statements and the proper administration of such Statements, remains with the City. SECTION 402: Time of Filing First Statement. A filer's first Statement shall be filed: 10. (a) By a person who is a designated employee on the effective date of this Code - within thirty days after the effective date of this Code. (b) 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. (c) 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 assumption of the position is required by emergency circumstances certified to by the City Manager, in which case the Statement shall be filed within thirty days after assumption of the designated position. SECTION 403: Time of Filing Subsequent Statements. (a) Subsequent to the filing of a filer's first Statement, the filer shall annually, during the month of March, file subsequent Statements of Economic Interests. (b) Every designated employee leaving a designated position and not assuming another shall, within thirty days of leaving, file a Statement of Economic Interests. SECTION 404: Periods Covered by Statements. A. First Statements. No period of time is covered by a filer's first statement. A first statement shall report all reportable investments and interests in real property existing at the time of filing. Income shall not be reported in a first statement. B. Second Statement. A filer's second statement shall cover that portion of the preceding calendar year which is subsequent to the time of filing the first statement. a'position as a designated employee between October 1 and December 31 and files a Statement of Economic Interests pursuant to Section 402, that person need not file a second statement until one year later than March of the next year. If a person assumes 11 . C. 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. 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: and Interests. When an investment or an interest In real property is reportable by the filer under this Code, the statement shall contain: Contents.. Disclosures of Reportable Investment 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; 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 of acquisition or disposal (Government Code Section 87206). 12. (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. When income is reportable by the filer under this Code, the Statement shall contain, except as provided in Subsection C: (1) The name and address of each source of income aggre- 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 case of a gift, the amount and the date on which the gift was received. B. When income of a business entity, including income of a sole proprietorship, is reportable by the filer under this Code, the Statement shall contain: (1) The name, address and general description of the business activity of the business entity; (2) In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity if the filer's pro rata share of fees from such person was equal to or greater than one thousand dollars; (3) In the case of a business entity not covered by paragraph (2), the name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars during a calendar year. C. A designated employee need not disclose, pursuant to Subsections B(2) or B(3) above, the name of a person who paid fees or made payments to a business entity if disclosure of the person's name would violate a legally recognized privilege under California law. Such a person's name may be withheld in accordance with the following procedure: 13. (1) A designated employee who believes that a person's name is protected by a legally recognizedsrivilege may decline to report the same, but shall file with the Statement of Economic Interests an explanation for such nondisclosure. The explanation shall separately state for each undisclosed person the legal basis for assertion of the privilegrand, 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. (2) With respect to each undisclosed person, the (3) The Agency may request further information from the designated employee and, if no legal or factual justification sufficient to support assertion of the privilege is shown, may order that the disclosure required by the Act be made. 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. justified because of the existence of a privilege, the matter shall be referred to the City Council. 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. (6) If the City Council orders a designated employee to disclose, the designated employee must comply within fourteen days. The Agency may, for good cause, extend any of the time periods established in this regulation. The designated (4) If the Agency determines that nondisclosure is (5) The City Council shall review an appeal filed 14. 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 from using his or her official position to influence a City decision, if it is reasonably foreseeable that the from the decision's effect on the public generally, on: decision will have a material financial effect, distinguishable Any business entity in which 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 include loans by a commercial lending institution in the regular course of business) aggregating two hundred fifty dollars or more in value received by or promised to the designated employee within twelve months prior to the time when the decision is made; or Any business entity in which the designated employee is a director, officer, partner, trustee employee, or holds any position of management. As used in this section, making or participating in the making of any City decision, or using his or her official position in influencing a City decision shall not include: (i) Appearances by a designated employee before a City official, employee, board or commission or City Council in the course of its prescribed governmental function to represent himse1.f 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. 15 . SECTION 501: Manner of Disqualification. A designated emolovee required to disqualifv himself or herself shall provide written notification &ereof to his or her immediate superior, who shall immediately reassign the matter to another employee. The notification shall be forwarded to the designated employee's appointing authority, who shall record the employee's disqualification. In the case of a designated employee who is a consultant, the written notification shall be made to the City officer or employee charged with administration of the consultant's contract. In the case of 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 attempt in no way to use his or her official position to influence any other person with respect to the matter. SECTION 502: Exception to Disqualification. A. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. Participation is not "legally required" unless there exists no alternative source of decision 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 of this section. B. Whenevet 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. ARTICLE VI. ENFORCEMENT SECTION 600: Enforcement. This Code has the force and effect of law. Any violation of this Code shall be deemed a violation of Chapter 7 of the Act. SECTION 601: Legal Requirements. Government Code S87100, 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 587103. This self-executing provision of the Act (Government Code 587100) thus applies to any member, officer, employee or consultant of the City of Carlsbad even though not a "designated employee" within the meaning of this Code. contained in Chapter 7 of the Act, provides in legal effect 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 interest laws, such as Government Code S1090, et seq. APPENDIX TO ARTICLE VI. 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 SS9lOOO (a) , 87300) ; (b) A fine of up to the greater of ten thousand dollars or three times the amount the person failed to report properly may be imposed upon conviction for each violation (Gov't. Code S91000 (b) ; (c) No person convicted of such a misdemeanor shall be a candidate for any elective office or act as a lobbyist for four years thereafter unless the sentencing court determines otherwise, and that any convicted person doing so is guilty of a felony (Gov't. Code S91002); (d) Persons may sue to enjoin violations or to compel compliance with the Act and this Code, and the official governmental action may in appropriate circumstances be set aside by the court as void (Gov't. Code S91003 (b) 1 ; 17. (e) Any person who violates a provision of this Code is subject to discipline by his employing agency, including dismissal, consistent with applicable personnel laws, regulations and procedures (Government Code si91003.5); (f) Any person who intentionally or negligently violates any of the reporting requirements of the Act and this Code shall be liable in a civil action for an amount not more than the amount or value not properly reported (Government Code §91004) ; 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 S91005 (b) ) ; (h) Persons 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 cumulative amount stated in the late statement or report, or one hundred dollars, whichever is greater (Government Code S91013); statement or report required to be filed under this Code which he knows to be false is guilty of perjury (Government Code §81004); and (j) The court may award the prevailing party, in any action authorized by the Act, his costs of litigation including reasonable attorney's fees (Government Code §91012). (g) Any designated employee who realizes an (i) Every person who signs and verifies any 18. Csnflict of Interest Code --Appendix A - CONFLICT OF INTEREST CODE OF THE CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE The agency designated by the City Council hereby submits the following Conflict of Interest Code to the City Council of the City of Carlsbad. ._-.- Redevelopment Advisory-Commi ttee Received on behalf of the City Council of the City of Carl sbad. Dated: 6. /780 The following Conflict of Interest Code, having been submitted by the agency designated ab %;;e; 4”’,, order of the Code Reviewing Body on Other action if any: Decreed A Legol Newspoper by the Superior Court of Son Diego County 3088 FiO PiCC AVENUE 0 P.O. BOX 248 0 CARLSBAD, CA 92008 0 729-2345 Proof of STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of ;he Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Car!sbad, County of San Diego, State of Callfcinia, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication ef the notice hereinafter referred to; and that the notice * of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dctes, to-wit: .~ , NOTICE OF PUBLIC HEARING .. J ON REDEVELOFz.YNT LOMYITTITLE nnv!sORY ADOPTION OF coNFL1m OF INTEREST CWE FOR THE CARLSBAD HOC'SIYG AND 2M 15-1 9 (. ~ ~ NOTICE IS :!EREEY.CIVEH that the Carkbad l!ouring and Ecderelopmenl hrarineoii Apri; 28, 1580 nt 7100 P.Y. in the Council Conferenre Koom of the City oi Carlsbad. 12Gf1 Eim Avenue, Carlshd, CalL:ornia. putsitant to the I'ololitical Reform Act of 1374 mile 0, Cornrn~neinz with Serlion 81M. ofthe Gocrrnmcnl Code', to consider adop- lion OfaC~nn~etolIntrrrslCade bran WenCY uithe City ofcarlsbad asspeci- flcaliy rerluir-l by Srction G3U.et req of the Governmrnt Code. The prorored Corfliet or Interest Code %!:I re\,cire each ;number oithe Carlrhad HBUSIIIP an3 Redevelopment Advisxv Canmitrw to disclose in-. ,9.E0 Advisary Commitlee will hold a puhlic ' Rpril IC; ... ................................. 19 .... ................................. 19 .... ................................. 19. veptmeids. inievsls in rea: propcity, and income a5 iequired under Section 87UXioithe 'iownment Code. and also ................................. ... will rrqwrr. oaih ruch pers?n lo dis. quslil'y himrdfbr hcrsnll Worn makirJ: Or paT1tc:pming in 11,c making of any 19 .................................. .... flnCd in Gr':ernnrenl Lode Section 87103. Under the Proposed Code, no ew, rrom rnrkini: or pa~lcjpatinp. in htspzrtiriiration islegalil required ior lhf dewrun to be made Codc require, iht the review aod pre- ~sral~onofCoi?ll~cloTlnturu~l~~dr~ by krill Boreilli.~m~ aqeilrirsshall be PPI. rwd odt under procedurrr which 6UardnlCe to rwrlcrrls of the yirisdic. lion odequate nolire and P htr ~ppor- tun!i) io pr+.,erit thrv (ICWL. Accord. atthe dalrand limfstdled vbor crid be heard runcernirid tl~e Conflict oi In. Iercsi Code Acupyorihe~.ropn\cdcarlcandruler Orprocedure lurlhrronrtnrio! ::wpub- Iic hearmlrsru a%nllahlc rrsrmsperlm &I the onicr of ihc VII) Clerk. Giy of Carlsbad. 1Mo Klni Avenue, Cszlsbad. CA iwh Person vould hc prwented. bow the mskin&:olan) dvrlrm to thcextcct I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad Diego, State of Californja on 6'. 10, [-! SectLou R7:iII or thr Government davof - AT-rl 1 1 . , J I.YlY. any IIItCrF5:Bd pr!y nu) appear ALKIIIA L RAL'TENtiHANZ Wy Clerk U WW2 April 16. 18co I MINUTES THE CITY OF CARLSBAD April 28,1980 HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE Attendance: Housing 4 Redevelopment Advisory Committee Members ( J.Mariz absent) CITY STAFF: Jack Henthorn, Drew Aitken, Assistant City Attorney R. Green; Building Dept. PUBLIC: Don Brown, Chamber of Commerce IV. ADOPTION OF CONFLICT OF INTEREST CODE Chairman Chriss opened the Public Hearing at 7:20 P.M. - Member Hayes requested clairification of article 5 of the proposed code. - The Assistant City Attorney provided member Hayes with a clairification of article 5. - Don Brown, Carlsbad Chamber of Commerce, asked if there was an appeal process set-up for appeals of the City Attorney's opinion. - The Assistant City Attorney indicated that there was no appeal process set-up, but explained that each member has the option of seeking their own counsel. - Member Ward- noted that the California Redevelopment Law requires certain ''types'' of people serve on the committee and that these types almost certainly create a conflict. Member Ward questioned how this situation would affect voting on an issue. - Assistant City Attorney- each issue would be taken into consideration on its own merit and handled on a vote by vote basis. Assistant City Attorney clairified the differences between disclosure and disqualification. - Member Helton- inquired as to how a vote could be taken if all - Assistant City Attorney- informed the Committee that there were members were disqualified. provisions permitting a random selection of a quarm if all members were disqualified. guoliurrl Committee's meetings. - Member Hayes- asked if the City's office would be at all of the - Assistant City Attorney- indicated that initially they would be present however,in the future they may meet with each member prior to their meeting. - Chairman Chriss- then closed the Public Hearing at 8:15 P.M. There was no further discussion among the Committee. A motion to adopt the Conflict of Interest Code was made by Member Ward and seconded by Member Hall. Motion carried 8-0 (Mariz absent.). NOTICE OF PUBLIC HEARING ON ADOPTION OF CONFLICT OF INTEREST CODE BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad, CA, will hold a public hearing on Tuesday, May 20, 1980 at 6:OO P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad, CA, pursuant to the Political Reform Act of 1974 (Title 9, commencing with Section 8100, of the Government Code), to consider adoption of a Conflict of Interest Code for an agency of the City of Carlsbad, as specifically required by Section 87300, - et seq. of the Government Code. The proposed Conflict of Interest Code will require each member of the Carlsbad Housing & Redevelopment Advisory Committee to disclose investments, interests in real property and income, as required under Section 87200 of the Government Code, and also will require each such person to disqualify him/herself from making or participating in the making of any decision which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any financial interest as defined in Government Code Section 87103. Under the proposed Code, no such person would be prevented, however, 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. Section 87311 of the Government Code requires that the review and preparation of Conflict of Interest Codes by local government agencies shall be carried out under procedures which guarantee to residents of the jurisdiction adequate notice and a fair opportunity to present their views. Accordingly, any interested party may appear at the date and time stated above and be heard concerning the City of Carlsbad Conflict of Interest Code. A copy of the proposed Code and rules of procedure for the conduct of the public hearing are available for inspection at the office of the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California. PUBLISH : May 10, 1980 ALETHA L. RAUTENKRANZ CITY CLERK CITY OF CARLSBAD Persons Serving on Carlsbad Housing & Redevelopment Advisory Committee at time of public hearing before City Council on adoption of Conflict of Interest Code: Eva Carney Jesus Mariz Beltran Roy Sanchez Matthew Hall Kennith C. Chriss C. R. Helton Roy J. Ward Frankie Gene Runzo Thelma I. Hayes Persons who also received Notice: President, Carlsbad City Employees' Assoc., AFSCME, Local 978 President, Carlsbad Firefighters' Association, Lnc. President, CarlsbadPolice Officers' Association KUDE AM Radio Station Blade-Tribune Newspaper San Diego Union, Union Tribune, Evening Tribune KKOS FM Radio Station Carlsbad Journal Notice was published on May 10, 1980 for public hearing on May 20, 1980 .. DECLARATION OF NOTICE AND HEARING REQUIREMENTS I do hereby declare that the Carlsbad Housing and Redevelopment Advisory Committee has satisfied the notice and hearing requirements preliminary to formation of the Code pursuant to Government Code Section 8731 1. Dated: April 29, 1980