HomeMy WebLinkAbout2006-09-12; Public Financing Authority; Resolution 221
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RESOLUTION NO. 22
A RESOLUTION OF THE CARLSBAD PUBLIC
FINANCING AUTHORITY OF THE CITY OF CARLSBAD
AMENDING THE LOCAL CONFLICT OF INTEREST
CODE OF THE CARLSBAD PUBLIC FINANCING
AUTHORITY OF THE CITY OF CARLSBAD.
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WHEREAS, the City has previously adopted and amended its local
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conflict of interest code; and
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WHEREAS, provisions of the Political Reform Act of 1974 ("the Act")
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(Government Code Section 81000 et seq.) require an amendment to said code due
to changed circumstances, changed duties or new positions; and
WHEREAS, the Carlsbad Public Financing Authority is the code
reviewing body within the meaning of the Act; and
13 WHEREAS, the Secretary has prepared amendments to the Appendix
14 which are required to be incorporated in said code,
15 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Public Financing Authority
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as follows:
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1. That the above recitations are true and correct.
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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 City employees providing services to
the Carlsbad Public Financing Authority.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad City Council, Carlsbad Municipal Water District Board of Directors, Carlsbad
Housing and Redevelopment Commission, and the Carlsbad Public Financing Authority
held on the 12th day of September, 2006, by the following vote:
AYES: Board Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
AlEWISTChairman of the Board
ATTEST:
LtfRRAlNE M. WOODTSecretary
(SEAL)
CONFLICT OF INTEREST CODE OF
THE CITY OF CARLSBAD
AND
THE CARLSBAD HOUSING AND REDEVELOPMENT AGENCY
AND
THE CARLSBAD MUNICIPAL WATER DISTRICT
AND
THE CARLSBAD PUBLIC FINANCING AUTHORITY
ARTICLE I. GENERAL
SECTION I: Title: 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
Municipal Water District, and Carlsbad Public Financing Authority."
SECTION II: Authority: 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 81000 and Section 18730 of Article 2 of Chapter 7 of Division 6 of Title 2
of the California Code of Regulations.
SECTION III: Purpose: This Code is adopted in order to:
A. Assure that all employees designated herein perform their duties in an
impartial manner, free from bias caused by financial interests;
B. Enumerate and differentiate the positions of employment within the City which
involve the making of decisions which may foreseeably have a material effect
upon a financial interest;
C. Require the disclosure of such interests, by setting forth the specific types of
interests which are reportable for each position;
D. Require that designated employees disqualify themselves from participation
in City decision-making which may involve a conflict of interest.
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SECTION IV: Incorporation by Reference: 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 Municipal Water District and the Carlsbad Public Financing Authority.
SECTION V: Amendments: Section 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 of 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, District and/or Authority, filing
may be made on a single form(s), specifying therein that it is
filed in both capacities.
APPENDIX
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.
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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: "Designated employee" means any officer,
employee, commission or board member or consultant to the City whose position is
listed in the Appendix of this Code.
SECTION VIII: Designated position: "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: 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 Code of Regulations commencing with Section
18100.
SECTION X: Repeal: This Code shall repeal and supersede all previous versions of
the "Conflict of Interest Code of the City of Carlsbad, Carlsbad Housing and
Redevelopment Agency, Carlsbad Municipal Water District, and Carlsbad Public
Financing Authority".
SECTION XI: Effective date: This Code shall be effective upon adoption by resolution
of the appropriate code reviewing body.
Page 3 of 3 August 18, 2006