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HomeMy WebLinkAbout2002-09-17; City Council; Resolution 2002-2771 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING THE LOCAL CONFLICT OF INTFRFST OF THF CITY OF CAM SRAD WHEREAS, the City has previously adopted and amended its local conflict of interest code; and WHEREAS, provisions of the Political Reform Act of 1974 ("the Act") (Government Code Section 81000 et seq.) require an amendment to said code due to changed circumstances, changed duties or new positions; and WHEREAS, the City Council is the code reviewing body within the meaning of the Act; and WHEREAS, the City Clerk has prepared amendments to the Appendix that are required to be incorporated in said code, NOW, THEREFORE, BE IT RESOLVED by the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the attached revised Conflict of Interest Code Appendix for the combined City of Carlsbad, Carlsbad Housing and Redevelopment Agency, Carlsbad Public Financing Authority, and Carlsbad Municipal Water District reflecting the changed circumstances in positions and disclosure categories since the last amendment, is hereby approved with regard to the employees of the City of Carlsbad. Ill Ill Ill Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of SEPTEMBER ,2002 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Hall NOES: None ABSENT: Council Page 2 of 2 of Resolution No. 2002-277 2 Y ATTEST: LOmINE M. WOOD, City Clerk RAD PUBUC FINANCING AUTHORITY ARTICLE I. GENERAL SECTION I: Iitle: This Code shall be known and may be cited as "Conflict of Interest Code of the City of Carlsbad, Carlsbad Housing and Redevelopment Agency, Carlsbad Public Financing Authority and the Carlsbad Municipal Water District." SECTION II: AuttmiQ: This Code is adopted pursuant to the provisions of the "Political Reform Act of 1974", Title 9 of the Government Code commencing with Government Code Section 81 000 and Section 18730 of Article 2 of Chapter 7 of Division 6 of Title 2 of the California Code of Regulations. SECTION 111: l3qme: This Code is adopted in orderto: A. Assure that all employees designated herein perform their duties in an impartial manner, free from bias caused by financial interests; B. Enumerate and differentiate the positions of employment within the City which involve the making of decisions which may foreseeably have a material effect upon a financial interest; C. Require the disclosure of such interests, by setting forth the specific types of interests which are reportable for each position; D. Require that designated employees disqualify themselves from participation in City decision-making which may involve a conflict of interest. Page 1 of 3 9-17-02 SECTION lV:w: The provisions of Title 2 California Code of Regulations Section 18730, except Section 9.5 thereof, a copy of which is attached hereto marked Exhibit "A", are hereby incorporated by this reference and constitute the Conflict of Interest Code of the City of Carlsbad, Carlsbad Housing and Redevelopment Agency, Carlsbad Public Financing Authority and the Carlsbad Municipal Water District. SECTION V: Ammdmmk: Section 4 of the Code found in Title 2 California Code of Regulations Section 18730 is replaced with the following Section 4: Section 4: All designated employees shall file the statements of economic interests required herein with the City Clerk for the City of Carlsbad. Where the person filing such statements is required to file multiple statements on account of his or her capacity in both City and Agency, Authority and/or District, filing may be made on a single form@), specifying therein that it is filed in both capacities. APPFNDlX A. Persons holding positions listed in the Appendix are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions". It has been determined that these persons make or participate in making decisions which foreseeably may have a material effect on such financial interests. B. Where the disclosure category requires disclosure of interests in real property, the designated employee need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. C. Where the disclosure category requires disclosure of investments or sources of income, the designated employee need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. D. Where the disclosure category requires disclosure of business positions, the designated employee need only disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. Page 2 of 3 9-17-02 SECTION VI: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 VII: -: "Designated employee" means any ofticer, employee, commission or board member or consultant to the City whose position is listed in the Appendix of this Code. SECTION VIII: v: "Designated position" means a position specified in the Appendix 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 IX:€kgMmm: "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 Code of Regulations commencing with Section 18100. SECTION X: Rqx?al: This Code shall repeal and supersede all previous versions of the "Conflict of Interest Code of the City of Carlsbad, Housing and Redevelopment Agency, Carlsbad Public Financing Authority and Carlsbad Municipal Water District". SECTION XI:-: This Code shall be effective upon adoption by resolution of the appropriate code reviewing body. Ill .. Page 3 of 3 9-17-02 AMENDED APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD, THE HOUSING & REDEVELOPMENT AGENCY, CARLSBAD, CALIFORNIA PUBLIC FINANCING AUTHORITY AND THE CARLSBAD MUNICIPAL WATER DISTRICT The positions and categories within the City listed in this appendix are "designated positions." Any person whose position with the City is a designated position is a designated employee. Designated employees shall disclose in the manner provided in the Local Conflict of Interest Code of the City of Carlsbad those financial interests, which are within the categories represented by the number(s) following the listed position. The categories correspond to the subsections of Title 2, California Code of Regulations Section 18730, subsection 7 and represent the following disclosures: "1" investment and real property disclosure; "2" personal income disclosure; "3" business entity income disclosure; "4" business position disclosure. DESIGNATED POSITIONS DISCLOSURE CATEGORIES Mayor and Members of the City Council City Manager City Attorney City Clerk Chairman and Members of the Housing and Redevelopment Commission Executive Director to the Housing and Redevelopment Commission Attorney of the Housing and Redevelopment Commission Secretary President, and Members of the Board of Directors of the Carlsbad Municipal Water District Executive Manager of the Carlsbad Municipal Water District General Counsel for the Carlsbad Municipal Water District Secretary of the CMWD Board Chairman and Members of the Executive Director of the Carlsbad Public Financing Authority Public Financing Authority General Counsel of the Carlsbad Public Financing Authority Secretary of the Public Financing Authority Treasurer * ** ** * * ** ** * * ** ** * ** Paae 1 of 4 9-17-02 Who 7: Administrative Services Director Assistant to the Treasurer City Treasurer Deputy City Treasurer Finance Director Accountant Accounting Supervisor Administrative Coordinator-Special Districts Aquatics Supervisor Arts Manager Assistant City Manager Assistant to City Manager Assistant Engineer Assistant Finance Director Assistant Library Director Assistant Planner Assistant Planning Director Associate Engineer Associate Planner Benefits Administrator Building Inspector I & II Buyer City Communications Manager Code Enforcement Officer I & II Community Arts Coordinator Community Development Director Construction Inspector I & II Construction Manager Deputy City Engineer Deputy Public Works Director Economic Development Manager Environmental Programs Manager Environmental Specialist I & II & Senior Equipment Maintenance Supervisor Fire Chief Fire Division Chief Fire Battalion Chief Fire Marshal Gallery Coordinator Geographic Information Systems Coordinator Housing & Redevelopment Director Housing Program Manager Human Resources Director Human Resources Manager Information Technology Director 1,2 1.2.3 2,3 2.3 2,3 2,3 Paae 2 of 4 9-17-02 Information Technology Manager Library Director Management Analyst Management Assistant Management Intern Media Services Specialist Municipal Projects Manager Park Development Manager Park Planner Planning Director Planning Technician I & II Police Chief Police Captain Police Communications Manager Police Lieutenant Principal Building Inspector Principal Librarian Principal Construction Inspector Principal Planner Public Works Director Public Works Manager Public Works Supervisor Purchasing Officer Recreation Area Manager Recreation Director Recreation Services Manager Risk Manager Senior Accountant Senior Building Inspector Senior Civil Engineer Senior Construction Inspector Senior Management Analyst Senior Planner Video Production Manager Assistant City Attorney Deputy City Attorney Assistant City Clerk Deputy City ClerkfTechnician Records Manager Records Supervisor 2, 3 1. 2.3 9-17-02 Paae 3 of 4 r the F- Water ilslruA: .. Accountant Accounting Supervisor Associate Engineer Cross Connection Control Technician Deputy City Engineer Deputy Public Works Director Management Analyst Public Works Manager Public Works Supervisor Senior Civil Engineer Senior Engineering Inspector Consultants Members of the Arts Commission Members of the Board of Library Trustees Members of the Design Review Board Members of the Housing Commission Members of the Parks and Recreation Commission Members of the Planning Commission Members of the Senior Commission Members of the Sister City Committee Members of the Traffic Safety Commission 2,3 *** * * This position is required to report by virtue of Government Code Section 87200.11 is included for disqualification purposes only. See Government Code Section 87200 for disclosure requirements. When a designated employee is also required to file a conflict of interest form under Article 2 (Gov't Code $37200, Form 700) of the Act. he or she may expand their statement to wver reportable interests in both jurisdictions or both positions and file wpies of this expanded statement with the City Cleh provided that each wpy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. The duties of each consultant will be separately evaluated to determine whether or not disclosure wiii be required, and the categories which will apply. The evaluation of the consultant's duties will be conducted by the department head of the department which is responsible for the hiring of the consultants. The disclosure requirement shall be included in the wnsultanYs contract approved by the City Council, Housing and Redevelopment Commission, City Manager or Executive Manager of the Carlsbad Municipal Water District. ** Iff Paae 4 of 4 9-17-02 2 CCR 18730 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright 0 2002 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2002, NO. 15, APRIL 12, 2002 * TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 2. DISCLOSURE 2 CCR 18730 (2002) 5 18730. Provisions of Conflict of Interest Codes (a) Incorporation by reference of the terms of this regulation along with the designation of constitute the adoption and promulgation of a conflict of interest code within the meaning of employees and the formulation of disclosure categories in the Appendix referred to below Government Code section 87300 or the amendment of a conflict of interest code within the terms of a conflict of interest code already in effect. A code so amended or adopted and meaning of Government Code section 87306 if the terms of this regulation are substituted for to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code promulgated requires the reporting of reportable items in a manner substantially equivalent sections 81000, 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 contained in Government Code section 87100, and to other state or local laws pertaining 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: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political to the Act or regulations, are incorporated by reference into this conflict of interest code. Practices Commission (2 Cal. Code of Regs. sections 18100, et seq.), and any amendments (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been foreseeably have a material effect on financial interests. determined that these persons make or participate in the making of decisions which may (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who that same capacity or if the geographical jurisdiction of this agency is the same as or is are also specified in Government Code section 87200 if they are designated in this code in 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. Search - 1 Result - 5 18730. Provisions of Conflict of Interest Codes Page 2 of 11 In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: the jurisdiction of the other agency; (A) The geographical jurisdiction of this agency is the same as or is wholly included within (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for both agencies.1 other designated employees, the disclosure categories set forth in the Appendix specify which Such persons are covered by this code for disqualification purposes only. With respect to all 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. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.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 30 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 30 days after the effective date of the amendment. effective date of this code shall file statements within 30 days after assuming the designated (8) Assuming Office Statements. All persons assuming designated positions after the positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. Search - 1 Result - 5 18730. Provisions of Conflict of Interest Codes Page 3 of 11 officer shall do both of the following: (A) Any person who resigns a position within 30 days of the date of a notice from the filing (1) File a written resignation with the appointing power; and during the period between appointment and resignation he or she did not make, participate (2) File a written statement with the filing officer declaring under penalty of perjury that in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initialstatements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (8) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State the 12 months prior to the date of assuming office or the date of being appointed or Senate confirmation or appointment, on the date of nomination, and income received during nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received durino 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 statements 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 Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following: 1. A statement of the nature of the investment or interest; 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; Search - 1 Result - tj 18730. Provisions of Conflict of Interest Codes Page 4 of 11 4. A statement whether the fair market value of the investment or interest in real property one hundred thousand dollars ($ 100,000), or exceeds one million dollars ($ 1,000,000). exceeds two thousand dollars ($ 2,000), exceeds ten thousand dollars ($ lO,OOO), exceeds statement shall contain: (8) Personal Income Disclosure. When personal income is required to be reported,5 the 1. The name and address of each source of income aggregating five hundred dollars ($ 500) 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 greater than one thousand dollars ($ 1,000), greater than ten thousand dollars ($ lO,OOO), loan, the highest amount owed to each source, was one thousand dollars ($ 1,000) or less, or greater than one hundred thousand dollars ($ 100,000); 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 description 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 and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain: entity; 1. The name, address, and a general description of the business activity of the business 2. The name of every person from whom the business entity received payments if the filer's dollars ($ 10,000). pro rata share of gross receipts from such person was equal to or greater than ten thousand designated employee shall list the name and address of each business entity in which he or (D) Business Position Disclosure. When business positions are required to be reported, a she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which 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 statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Search - 1 Result - 4 18730. Provisions of Conflict of Interest Codes Page 5 of 11 Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $ 320. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $ 320 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (9) of Government Code section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (8) No public official who is exempt from the state civil service system pursuant to while he or she holds office, receive a personal loan from any officer, employee, member, or subdivisions (c), (d), (e), (f), and (9) of Section 4 of Article VI1 of the Constitution shall, consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. election to office through the date that he or she vacates office, receive a personal loan from (C) No elected officer of a state or local government agency shall, from the date of his or her any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. subdivisions (c), (d), (e), (f), and (9) of Section 4 of Article VI1 of the Constitution shall, (D) No public official who is exempt from the state civil service system pursuant to while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: Search - 1 Result - § 18730. Provisions of Conflict of Interest Codes Page 6 of 11 office. 1. Loans made to the campaign committee of an elected officer or candidate for elective 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($ 500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. agency shall, from the date of his or her election to office through the date he or she vacates (A) Except as set forth in subdivision (B), no elected officer of a state or local government office, receive a personal loan of five hundred dollars ($ 500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when paid on the loan. payments shall be due on the loan and the amount of the payments, and the rate of interest (6) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the this section. loan is not acting as an agent or intermediary for any person not otherwise exempted under 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated the following circumstances: employee shall become a gift to the designated employee for the purposes of this section in 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars (8 100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($ 250) during the previous 12 months. Search - 1 Result - 5 18730. Provisions of Conflict of Interest Codes Page 7 of 11 (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. Government Code. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($ 2,000) or more; (8) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($ 2,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($ 500) or more in value provided to, received by or promised to the designated employee within 12 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 $ 320 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. 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. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this Search - 1 Result - 5 18730. Provisions of Conflict of Interest Codes Page 8 of 11 section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official administrative official, or any member of his or her immediate family has, within 12 months knows or has reason to know that any party to the contract is a person with whom the state prior to the time when the official action is to be taken: the public, regarding any investment or interest in real property; or (A) Engaged in a business transaction or transactions on terms not available to members of (8) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services or 18705.2(c) totaling in value one thousand dollars ($ 1,000) or more. (10) Section 10. Disclosure of Disqualifying Interest. 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 may be accompanied by disclosure of the disqualifying interest. (11) Section 11. 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. (12) Section 12. 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 relation to which a violation of the disqualification provisions of this code or of Government Political Reform Act, Government Code sections 81000-91015. In addition, a decision in Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. """"" other agency's conflict of interest code, or under article 2 for a different jurisdiction, may lDesignated employees who are required to file statements of economic interests under any expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded 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. 2 See Government Code section 81010 and 2 Cal. Code of Regs. 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. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. a Search - 1 Result - 18730. Provisions of Conflict of Interest Codes Page 9 of 11 4 Investments and interests in real property which have a fair market value of less than $ 2,000 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 spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest investment or interest in real property of any business entity or trust in which the individual, of 10 percent or greater. 5A 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 reimbursement for expenses received from a state, local or federal government agency. filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. 6Income of a business entity is reportable if the direct, indirect or beneficial interest of the 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. AUTHORITY: 87300-87302, 89501, 89502 and 89503, Government Code. Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), HISTORY: 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included. 2. Editorial correction (Register 80, No. 29). 3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2). 4. Amendment of subsection (b)(7)(B)l. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46). 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16). 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(S)(A) and (b)(8)(6) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6). Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. Search - 1 Result - § 18730. Provisions of Conflict of Interest Codes Page 10 of 11 Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, 12. Change without regulatory effect redesignating Conflict of Interest Code for California section 100, California Code of Regulations (Register 94, No. 1). (Register 94, No. 17). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)@), (b)(9)(E) and Note filed 3-14- 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b) 95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11). No. 13). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, (B), and amendment of subsection (b)(l2) filed 10-23-96; operative 10-23-96 pursuant to 16. Amendment of subsections (b)(8)(A)-(B) and (b)(&l)(A), repealer of subsection (b)(8.1) Government Code section 11343.4(d) (Register 96, No. 43). to Government Code section 11343.4(d) (Register 97, No. 15). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operatlve 4-9-97 pursuant 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35). 19. Editorlal correction of subsection (a) (Register 98, No. 47). 20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b)@.l)-(b)(&l)(A) and (b)(9)(E) filed 12-6-2000; operative California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, 22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2). footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices 23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).