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HomeMy WebLinkAboutCC RES 10-96RESOLUTION NO. 10-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND REPEALING RESOLUTION NO. 08-81 WHEREAS, the City of Tustin has maintained Conflict of Interest Codes pursuant to the Political Reform Act of 1974 (California Government Code sections 81000 et seq.) since the enactment of that law; and WHEREAS, the last comprehensive revision of the Conflict of Interest Codes of the various offices, agencies and departments of the City is set forth in City Council Resolution No. 08-81, adopted November 18, 2008; WHEREAS, certain departments of the City have amended the list of designated filers set forth in Resolution No. 08-81; and WHEREAS; it is the intention of the City Council of the City of Tustin that this resolution supersede and replace Resolution No. 08-81; NOW THEREFORE, The City Council of the City of Tustin does hereby resolve: A. That the Appendix of the Conflict of Interest Code of the City of Tustin, is hereby amended to reflect position title changes as noted in the exhibit. B. That the revised Appendix, attached hereto, be approved and the Conflict of Interest Code be modified accordingly. C. That pursuant to Section 4 of the Conflict of Interest Code of the City of Tustin, the City Council, as the Code-reviewing body, hereby instructs all persons occupying a Designated Position to file with the City Clerk a Statement of Economic Interests as required: assuming position, annually, and leaving position. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 21st day of September 2010. Resolution 10-96 Page 1 of 5 ATTEST: PAME STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 10-96 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21St day of September 2010, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT: Amante, Nielsen, Davert, Palmer, Gavello None None None ~G) ~5) (0) (0) ~ PAMELA STOKER City Clerk Resolution 10-96 Page 2 of 5 CONFLICT OF INTEREST CODE CITY OF TUSTIN APPENDIX- DESIGNATED POSITIONS This Conflict of Interest Code is adopted for the Office of the City Manager of the City of Tustin, California, pursuant to the Political Reform Act of 1974 (California Government Code, Sections 81000 et. sew.). It consists of the model code set forth in Regulation 18730 of the Fair Political Practices Commission, incorporated herein by reference, together with the following Appendix: ADMINISTRATION Assistant City Manager City Clerk Services Supervisor City Clerk City Council City Manager Communications Manager Consultants COMMUNITY DEVELOPMENT Assistant Director of Community Development Assistant Planner Associate Engineer Associate Planner Building Inspector Building Official Building Permit Technician Code Enforcement Officer Director of Community Development Plan Checker Planning Commission Members Principal Planner Principal Engineer Senior Building Inspector Senior Planner FINANCE Accounting Supervisor Assistant Director of Finance Audit Commission Members City Treasurer Director of Finance Resolution 10-96 Page 3 of 5 Finance Manager Information Technology Supervisor Senior Financial Analyst Senior Information Technology Specialist HUMAN RESOURCES Director of Human Resources Principal Human Resources Analyst Risk Manager Senior Human Resources Analyst CITY ATTORNEY Assistant City Attorney City Attorney Deputy City Attorney PARKS AND RECREATION Community Services Commissioner Director of Parks and Recreation Recreation Coordinator Recreation Superintendent Recreation Supervisor Recreation Program Specialist POLICE DEPARTMENT Police Captain Police Chief Police Civilian Commander Police Lieutenant Police Support Services Manager PUBLIC WORKS Administrative Services Manager Assistant Director of Public Works Assistant Engineer Associate Engineer Director of Public Works/City Engineer Engineering Services Manager Environmental Compliance Specialist Field Services Manager Resolution 10-96 Page 4 of 5 Maintenance Supervisor Principal Engineer Public Works Inspector Public Works Manager Public Works Inspection Supervisor Transportation & Development Services Manager Tustin Legacy Development Services Manager Water Maintenance and Construction Supervisor Water Services Manager Water Treatment Supervisor REDEVELOPMENT Management Analyst Redevelopment Program Manager Redevelopment Project Manager Senior Redevelopment Project Manager CONSULTANTS The City Manager shall determine, in writing, those consultants who shall file a Statement of Economic Interest, because they either make governmental decisions or serve in a staff capacity pursuant to the Political Reform Act. The City Manager shall make such determination in consultation with the City Attorney, the Human Resources Director, and the affected Department Head. If the City Manager determines that a particular consultant must comply with the above disclosure requirements, the City Manager shall notify the consultant in writing. The written notification shall include a description of the consultant's duties and, based upon those duties, a statement of the extent of the disclosure requirements. The City Manager's notification is a public record and shall be retained for public inspection by the City Clerk in the same manner and location as this Conflict of Interest Code. In the alternative, the requirement may be included in the terms of any agreement for services between the consultant or the consultant's firm and the City. DISCLOSURE CATEGORIES: The foregoing positions (Consultants excluded) will be assigned Disclosure Categories of I, II, and III. Category I: Investment and Real Property Disclosure. Category II: Personal Income Disclosure. Category III: Business Income, Commissions and Position Disclosure. Resolution 10-96 Page 5 of 5 CONFLICT OF INTEREST CODE CITY OF TUSTIN APPENDIX- DESIGNATED POSITIONS This Conflict of Interest Code is adopted for the Office of the City Manager of the City of Tustin, California, pursuant to the Political Reform Act of 1974 (California Government Code, Sections 81000 et. sew.). It consists of the model code set forth in Regulation 18730 of the Fair Political Practices Commission, incorporated herein by reference, together with the following Appendix: ADMINISTRATION Assistant City Manager City Clerk Services Supervisor City Clerk City Council City Manager Communications Manager Consultants COMMUNITY DEVELOPMENT Assistant Director of Community Development Assistant Planner Associate Engineer Associate Planner Building Inspector Building Official Building Permit Technician Code Enforcement Officer Director of Community Development Plan Checker Planning Commission Members Principal Planner Principal Engineer Senior Building Inspector Senior Planner FINANCE Accounting Supervisor Assistant Director of Finance Audit Commission Members City Treasurer Director of Finance Resolution No. 10-96 Page 3 of 5 Finance Manager Information Technology Supervisor Senior Financial Analyst Senior Information Technology Specialist HUMAN RESOURCES Director of Human Resources Principal Human Resources Analyst Risk Manager Senior Human Resources Analyst CITY ATTORNEY Assistant City Attorney City Attorney Deputy City Attorney PARKS AND RECREATION Community Services Commissioner Director of Parks and Recreation Recreation Coordinator Recreation Superintendent Recreation Supervisor Recreation Program Specialist POLICE DEPARTMENT Police Captain Police Chief Police Civilian Commander Police Lieutenant Police Support Services Manager PUBLIC WORKS Administrative Services Manager Assistant Director of Public Works Assistant Engineer Associate Engineer Director of Public Works/City Engineer Engineering Services Manager Environmental Compliance Specialist Field Services Manager Resolution No. 10-96 Page 4 of 5 Maintenance Supervisor Principal Engineer Public Works Inspector Public Works Manager Public Works Inspection Supervisor Transportation & Development Services Manager Tustin Legacy Development Services Manager Water Maintenance and Construction Supervisor Water Services Manager Water Treatment Supervisor REDEVELOPMENT Management Analyst Redevelopment Program Manager Redevelopment Project Manager Senior Redevelopment Project Manager CONSULTANTS The City Manager shall determine, in writing, those consultants who shall file a Statement of Economic Interest, because they either make governmental decisions or serve in a staff capacity pursuant to the Political Reform Act. The City Manager shall make such determination in consultation with the City Attorney, the Human Resources Director, and the affected Department Head. If the City Manager determines that a particular consultant must comply with the above disclosure requirements, the City Manager shall notify the consultant in writing. The written notification shall include a description of the consultant's duties and, based upon those duties, a statement of the extent of the disclosure requirements. The City Manager's notification is a public record and shall be retained for public inspection by the City Clerk in the same manner and location as this Conflict of Interest Code. In the alternative, the requirement may be included in the terms of any agreement for services between the consultant or the consultant's firm and the City. DISCLOSURE CATEGORIES: The foregoing positions (Consultants excluded) will be assigned Disclosure Categories of I, II, and III. Category I: Investment and Real Property Disclosure. Category II: Personal Income Disclosure. Category III: Business Income, Commissions and Position Disclosure. Resolution No. 10-96 Page 5 of 5 CONFLICT OF INTEREST CODES DEPARTMENTS AND AGENCIES OF THE CITY OF TUSTIN APPLICABLE TO DESIGNATED EMPLOYEES THEREOF ARTICLE I SECTION 1.1 Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq., the departments and agencies of the City of Tustin hereby adopt the following Conflict of Interest Codes. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Government Code Section 8100). The provisions of this Code are in addition to Government Code Section 87100 and other laws pertaining to conflicts of interest. Except as otherwise indicated, the definitions of said Act are regulations adopted pursuant thereto and incorporated herein and this Code shall be interpreted in a manner consistent therewith. SECTION 1.2 Severability. If any article, section, subsection, paragraph, subparagraph, sentence, clause or phrase of this Code is for any reason held to be invalid, unconstitutional or unenforceable, such decision shall not affect the validity of the remaining portions of this Code. The City declares that it would have adopted this Code and each article, section, subsection, paragraph, subparagraph, sentence, clause and phrase thereof irrespective of the fact any one or more of such portions of this Code be declared invalid, unconstitutional and unenforceable. SECTION 1.3 Effective Date. This Code shall take effect upon its approval by the appropriate Code Reviewing Body. SECTION 1.4 Definitions. As used in this Code, unless the context otherwise clearly implies, the following words and terms shall have the meanings set forth herein. (a) Business entity: "Business entity" means any organization or enterprise operated for profit, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association. (b) Consultant: "Consultant" means a position established by contract with the City pursuant to which contract information, advice, recommendation or counsel is provided to the City; provided, however, that "consultant" shall not include a position in which the person providing such information, advice, recommendation or counsel: (1) conducts research and arrives at conclusions with respect, to his or her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and (2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation or counsel. (c) County: "County" means the County of Orange. (d) Designated employee: "Designated employee" means a person holding a designated position or representing a business entity which holds a designated position. (e) Designated position: "Designated position" means a position with the City specified in Exhibit "A" attached hereto. Designated positions may involve the making or participation in the making of decisions which may foresee ably have a material effect on a financial interest of the designated employee holding such position. (f) Disclosure statements. "Disclosure statements" mean statements disclosing reportable interests required, by Section 2.1 to be filed by designated employees. (g) City: "City" means the City of Tustin. (h) Reportable interests: "Reportable interests" means investments, interests in real property and income required to be disclosed by designated employees. "Reportable. interests" as to any particular designated employee means those categories of such interests assigned, by Exhibit "A" attached hereto, to the designated position held by such employee. (i) City Clerk: "City Clerk" means the City Clerk of the City of Tustin. Q) Except as otherwise indicated, the definitions contained in the Political Reform Act Of 1974 (Government Code Section 81000, et seq.) and regulations adopted pursuant thereto are incorporated into this Conflict of Interest Code. ARTICLE II --DISCLOSURE SECTION 2.1 Disclosure. (a) Disclosure Statements. Each designated employee shall file an initial statement and annual statements disclosing those reportable interests in the category or categories of reportable interests, more particularly described in Section 2.5, which are assigned by Exhibit "A" hereof to the designated position held by such employee. Such statements shall be filed at. the place specified in Section 2.2 and at the times specified in Section 2.3 and Section 2.4, shall contain the information specified in Section 2.6 through Section 2.8, and shall be in the form specified in Section 2.9. (b) Any designated employee who holds more than one (1) designated position shall file only one (1) disclosure statement, indicating on that disclosure statement all of the designated positions held by such employee. SECTION 2.2 Place of Filing. All designated employees required to submit a statement of financial interests shall file the original with the City Clerk. SECTION 2.3 Time of Filing Initial Statement. (a) In General. Each designated employee shall file an initial disclosure statement within thirty (30) days after the effective date of this Code. (b) Other Employees. Each employee who is not a civil service employee, who assumes a designated position more than thirty (30) days after the effective date of this Code shall file an initial disclosure statement not less than ten (i0) days before assuming such position, unless an earlier assumption of such position is required, in which event, the initial disclosure statement shall be filed within thirty (30) days of assuming the designated position. (c) Section 2.3 shall not be applicable to any designated employee required to file under the provisions of Government Code Sections 87200, et. seq., but such designated employee shall conform to the disclosure and filing provisions of Government Code Sections 87200, et. seq. SECTION 2.4 Time of Filing Annual Statements. An annual disclosure statement shall be filed by April 1st of each year by each designated employee whether or not such reportable interest was disposed of during such calendar year and whether or not the designated employee filed an initial statement pursuant to Section 2.3. Annual Statements shall cover the period of January 1 through December 31 of the calendar year preceding the statement. Section 2.4 shall not be applicable to any designated employee required to file under the provisions of Government Code Sections 87200, et seq., but such designated employees shall conform to the disclosure and filing provisions of Government Code Sections 87200, et. seq. SECTION 2.5 Time of Filing of Leaving Office Statements. Any designated employee who leaves his office or position shall file a disclosure statement within thirty (30) days of the effective date of leaving the office or position. SECTION 2.6 Categories of Reportable Interests. Reportable interests are divided into the following categories: (a) CateQOry I: Interests in Real Property. Interests in real property are reportable interests if: (1) the real property to which the interest pertains is located in part or in whole: (A) within the boundaries of the City, or (B) within two (2) miles of the boundaries of the City, or (C) within two (2) miles of land located outside of the boundaries of the City which is owned or used by the City; and (2) the fair market value of the interest of the designated employee or his or her spouse is greater than One Thousand Dollars ($1,000.00); and (3) the interest is either: (A) a leasehold, beneficial or ownership interest held by the designated employee or his or her spouse, or (B) an option held by the designated employee or his or her spouse to acquire such an interest, or (C) an interest or option held by a business entity or trust in which the designated employee or his or her spouse owns directly, indirectly or beneficially, a ten percent (10%) interest or greater. (4) the principal residence of the filer is not required to be reported. (b) Cateaory II: Investments. Investments in business entities are reportable if: (1) the business entity, including parent corporations, subsidiary corporations or otherwise related business entities, (A) has an interest in real property located in part or in whole within the boundaries of the City, within two (2) miles thereof or within two (2) miles of land owned or used by the City, or (B) does business or plans to do business within the City, or (C) has done business within the City at any time during the two (2) years prior to the time that the disclosure statement of the designated employee is filed; and (2) years prior to the time that the disclosure statement of the designated employee is filed; and (3) the fair market value of the investment of the designated employee or his or her spouse is greater than. One Thousand Dollars ($1,000.00); and (4) the investment either; (A) is held by the designated employee or his or her spouse and Constitutes a financial interest in, or security issued by, the business entity, including but not limited to common stock, preferred stock, rights, warrants, options, debt instruments and any partnership or other ownership interest; or (B) is held by any business entity or trust in which the designated employee or his or her spouse owns, directly, indirectly or beneficially, a ten percent (10%) interest or greater, and constitutes a financial interest in, or security issued by, a business entity qualifying under paragraph (2) above. EXCEPT: An investment is not reportable if it constitutes a time or demand deposit in a financial institution, a share in a credit union, an insurance policy, or a bond or other debt instrument issued by any government or government agency. (c) Category III: Sources of Income. Sources of income are reportable if: (1) the source of income was either: (A) a business entity located or doing business as described in subsection (b) (1 ), or (B) an individual residing within the City, or (C) anon-profit association or corporation having its principal place of business within the City; and (2) either: (A) the aggregate amount of income received by the designated employee or his or her spouse from the source during the period covered by the disclosure statement was TWO Hundred Fifty Dollars ($250.00) or more in value, or (B) if the income was a gift received by the designated employee or his or her spouse from the source during the period covered by the disclosure statement, the value of the gift was Twenty-Five Dollars ($25.00) or more; and (3) the income was either received by: (A) the designated employee or his or her spouse, or (B) received by any business entity or trust in which the designated employee or his or her spouse owns, directly, indirectly, or beneficially, a ten percent (10%) interest or greater, provided, however, that in the event that the income is received by a business entity described in this paragraph (B), the value, for the purpose of paragraph (2), of the income relates to the pro rata share of the designated employee or his or her spouse in the income of the business entity or trust. INCOME INCLUDES, except to the extent excluded by this subsection, income of any nature from any source, including but not limited to any salary, wage, advance, payment, dividend, interest, rent, capital gain, return of capital, 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 public without regard to official status, rebate, reimbursement of expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer. INCOME DOES NOT INCLUDE: (1) campaign contributions required to be reported under Chapter 4 (commencing with Section 84100) of Title 9 of the Government Code; (2) 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; (3) gifts of informational material, such as books, pamphlets, reports, calendars or periodicals; (4) gifts which are not used and which, within thirty (30) days .after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes; (5) 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 (5); (6) any devise or inheritance; (7) 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; and (8) dividends, interest or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government. (9) other than a gift, income received from any source outside the jurisdiction of the City and not doing business within the jurisdiction of the City, not planning to do business within the jurisdiction of the City, or not having done business within the jurisdiction of the City during the two (2) years prior to the time any statement or other action is required by this Code; (10) income from a source which is a former employer if: all income from the employer was received by or accrued to the designated employee prior to the time he or she became a designated employee, the income was received in the normal course of the previous employment, and there was no expectation by the designated employee, the income was received in the normal course of the previous employment, and there was no expectation by the designated employee that he or she assumed the designated position of renewed employment with the former employer. (d) Category IV: Supply Sources. Category IV includes investments included in Category II in business entities described therein, and income included in Category III from business entities described therein, if such business entities manufacture or sell supplies, machinery or equipment of the type utilized by the City. (e) Category V: Contractors. Category V includes investments included in Category II in business entities described therein, and income included in Category Ilt from business entities described therein; if such business entities are contractors or subcontractors engaged in the performance of work or services of the type utilized by the City. (f) Category VI: Financial Institutions. Category VI includes investments included in Category II in business entities described therein, and income included in Category III from business entities therein, if such business entities constitute banks, savings and loan associations, insurance companies, investment companies, title companies, financial consultants or data processing firms. SECTION 2.7 Content of Disclosure Statements. Category I. Disclosure statements required to be filed for reportable interests specified in Category I shall contain the following information: (a) The address or other precise location of the real property; (b) A statement of the nature of the interest in the real property; (c) When the real property is not used principally as the residence of the designated employee making the filing, statement of whether the fair market value of the .interest exceeds Ten Thousand Dollars ($10,000.00) and whether it exceeds One Hundred Thousand Dollars ($100,000.00); and (d) In the case of an interest in real property wholly or partially acquired during the period covered by an annual disclosure statement, the date of acquisition and, if such interest in such property was disposed of during such period, the date of disposition. SECTION 2.8 Content of Disclosure Statements; Category II and Related Categories. Disclosure statements required to be filed for reportable interests specified in Category II and investments specified in Categories IV, V and VI shall contain the following information: (a) The name and address of the business entity in which each investment is held; (b) A general description of the business a6tivity in which the business entity is engaged; (c) A statement of the nature of the investment; (d) A statement of whether the fair market value of the investment exceeds Ten Thousand Dollars ($10,000.00) and whether it exceeds One Hundred Thousand Dollars ($100,000.00); and (e) In the case of investments wholly or partially. Acquired during the period covered by an annual disclosure statement, the date of acquisition and, if such interest in such property was disposed of during such period, the date of disposition. SECTION 2.9 Content of Disclosure Statement; Category III and Related Categories. Except as to an initial disclosure statement for which income sources need not be reported, disclosure statements required to be filed for reportable interests specified in Category III and income sources specified in Categories IV, V and VI shall contain the following information: (a) The name and address of each source of income; (b) A general description of the business activity, if any, of each source; (c) A statement whether the aggregate value of income from each source was greater than One Thousand Dollars ($1,000.00), and whether it was greater than Ten Thousand Dollars ($10,000.00); (d) A description of the consideration, if any, for which the income was received; (e) In the case of income constituting a gift, the amount and the date on which the gift was received; (f) In the case of income of a business entity, in which the designated employee or his or her spouse owns a ten percent (10%) interest or more; (1 } name and address and a general description activity of the business entity; (2) if such business entity provides legal or brokerage services, the name of every natural person, non-profit association or corporation and business entity who paid fees to such business entity if the pro rata share of the designated employee or his spouse of such fees was One Thousand Dollars ($1,000.00) or more; and (3) if such business entity does not provide legal or brokerage services, the name of every natural person, non-profit association or corporation, and business entity from whom such business entity received payments if the pro rata share of the designated employee or his or her spouse of gross receipts from such person, non-profit association or corporation, or business entity was Ten Thousand Dollars ($10,000.00) or more during any calendar year partially or wholly covered by the disclosure statement being filed. SECTION 2.10 Form of Disclosure Statements. Disclosure statements required to be filed hereunder for any category of reportable interests shall be substantially on the forms supplied by the City Clerk of the City of Tustin. ARTICLE III -- DISQUALIFICATION SECTION 3.1 General Rule. Designated employees have a conflict of interest and shall disqualify themselves from making or participating in the making of any governmental decision when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on a financial interest of the designated employee. A designated employee shall not be required to disqualify himself with respect to any matter which could, not be legally acted upon or decided without his participation. SECTION 3.2 Making Governmental Decision; Actions Included. A designated employee makes a governmental decision within the meaning of this Article, when he or she, acting within the authority of his or her position: (a) Votes on a matter; (b) Appoints a person; (c) Obligates or commits the City to any course of action; (d) Enters into any contractual agreement on behalf of the City; or (e) Determines not to act, within the meaning of sub- Section (a) through subsection (d), unless such determination is made because of his or her financial interest. When the determination not to act occurs because of his or her financial interest, the designated employee's determination must be accompanied by disclosure of the financial interest made part of the City's official records, or made in writing to the designated employee's supervisor or appointing power, as appropriate. SECTION 3.3 Participating in Decisions; Actions Included. A designated employee participates in the making of a governmental decision within the meaning of this Article, when he or she, acting within the authority of his or her position: (a) Negotiates without significant substantive review, with a governmental entity or private person regarding the decision; or (b) Advises or makes recommendations to the decision maker, either directly or without significant intervening substantive review by: (1) Conducting research or investigations which require the exercise of judgment on the part of the designated employee and the purpose of which is to influence the decision; or (2) Preparing or presenting any report, analysis or opinion, orally or in writing, which requires the exercise of judgment on the part of a designated employee, and the purpose of which is to influence the decision. SECTION 3.4 Making or Participating in Decisions; Actions Excluded. Making or participating in the making of a governmental decision as used in this Article shall not include: (a) Actions of a designated employee which are solely ministerial, secretarial, manual, or clerical; (b) Appearances by a designated employee as a member of the general public before an agency in the course of its prescribed governmental function to represent himself or herself on matters related solely to his or her personal interests; or (c) Actions by a designated employee relating to the compensation or the terms or conditions of his or her employment or contract. SECTION 3.5 Financial Interest. A financial interest as used in this Article means: (a) A direct or indirect interest in real property as.described in Section 2.5(a) if such interest is worth more than One Thousand Dollars ($1,000.00); (b) A direct or indirect investment as described in Section 2.5(b} if such investment is worth more than One Thousand Dollars ($1,000.00) (c) A source of income as described in Section 2.5(c), other than a loan by a commercial lending institution in the regular course of business, if such income aggregates Two Hundred Fifty Dollars ($250.00) or more in value received by or promised to the designated employee within twelve (12) months prior to the time when the decision referred to in Section 3.1 is made; or (d) A business entity if the designated employee is a director, officer, partner, trustee or employee or holds any position of management therein. For the purpose of this Section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, by any business entity controlled by the designated employee or by a trust in which he has a substantial interest. A business entity is controlled by a designated employee if the designated employee, his agent, spouse and dependent children hold more than fifty percent (50%) of the ownership interest in the entity. A designated employee has a substantial interest in a trust when the employee, his spouse and dependent children have a present or future interest worth more than One Thousand Dollars ($1,000.00). SECTION 3.6 Affected Materially. (a) Standard of Determination. The financial effect of a governmental decision on a financial interest of a designated employee is material if, at the time the designated employee makes or participates in the making of a decision, in light of all the circumstances and facts known at the time of the decision, the designated employee knows or has reason to know that the existence of the financial interest might interfere with the designated employee's performance of his or her duties in an impartial manner free from bias. (b) Circumstances to be Considered. In determining the existence of a material effect upon a financial interest, the designated employee shall consider relevant factors, including but not limited to the following: (1) In the case of any real property in which the designated employee has a direct or indirect interest worth more than One Thousand Dollars ($1,000.00): (A) whether the effect of the decision wil( be to increase the income-producing potential of the real property by One Hundred Dollars ($100.00) or five percent (5%) per month, which-ever is less; and (B) whether the effect of the decision will be to increase the fair market value of the real property by One Thousand Dollars ($1,000.00) or more or by five percent (5%), whichever is greater. (2) In the case of a business entity in which the designated employee has a direct or indirect investment worth more than One Thousand Dollars {$1,000.00), or in the case of a designated employee who is director, officer, partner, trustee, employee, or holds any position of management in a business entity: (A) whether the effect will be to increase or decrease the annualized gross revenue of the business entity by one percent (1 %) or more or the annual net income of the business entity by five percent (5%) or more; and (B) whether the effect of the decision will be to increase or decrease the assets or liabilities of the business entity by Fifty Thousand Dollars {$50,000.00) or more, or by five percent (5%) of its current assets or liabilities, whichever is less. (3) In the case of a source of income of a designated employee (other than a loan by a commercial lending institution in the regular course of business) aggregating Two Hundred Fifty Dollars ($250.00) or more in value received by or promised to the designated employee within twelve (12) months prior to the time when the decision is made: (A) whether, if the source of income is a business entity, the decision will affect such business entity in the manner described in subsection (2) above; (B) whether the governmental decision will directly affect the amount of income to be received by the designated employee; and (C) whether there is a relationship between the governmental decision and the purpose for which the designated employee receives income. The specific dollar or percentage amounts set forth in this subsection do not constitute either absolute maximum or minimum levels, but are merely intended to provide guidance and should be considered along with other relevant factors in determining whether a financial interest may interfere with the designated employee's exercise of his or her duties in rendering a decision. (c) Excluded Circumstances. The making or participation in the making of a governmental decision by a person acting under contract in the position of consultant or by a person retained to provide information, advice, recommendation or counsel has no material financial effect on a business entity or source of income in which such person acting under contract in the position of consultant, or person retained to provide information, advice, recommendation or counsel is an officer, employee, sole proprietor or partner, if the only financial effects of the decision are the modification, perpetuation or renewal of the contractual or retainer agreement and/or the opportunity to bid competitively on a project or contract. SECTION 3.7 Notice of Action Taken. (a) Mandatory Posting of Notice of Action Taken. If a designated employee disqualifies himself or herself from the making of a decision, or participating in a decision, upon a particular subject, and if the City subsequently commits itself to a definite course of action with regard to said subject, then the City Clerk shall post a Notice of Action Taken as soon as is practicable following such commitment. Said Notice shall be conspicuously posted on or near the door of the regular meeting place of the governing body of the City. (b) Discretionary Posting of Notice of Action. In the event that the City commits itself to a definite course of action with regard to any subject and no disqualification has occurred, the governing body may direct the City Clerk to post the Notice described in subsection (a) at the time and place set forth in said subsection. (c) Request for Reconsideration: Time of Filing; Effect of Failure to File. In the event that a Notice has been posted pursuant to subsections (a) or (b), a written request for reconsideration or disapproval of any City commitment on the ground of existence of a conflict of interest of designated employee shall be filed with the City Clerk within thirty (30) days of the posting of said Notice. In the event that such a request is not filed, said commitment and all decisions made with regard thereto shall be final and conclusive. (d) Reconsideration Upon Filing of Request Therefore. In the event that a request is filed with the City Clerk pursuant to subsection (c) hereof, the City Clerk shall direct said request to the City governing body, officer or employee responsible for the City commitment in question and said body, officer or employee shall cause said commitment to be reconsidered. ARTICLE IV --MISCELLANEOUS SECTION 4.1 Legal opinions. Any designated employee who is uncertain of any obligation arising under the provisions of this Code or the Political Reform Act of 1974 (Government Code Sections 81000 et seq.), may request a formal opinion or letter of advice from the City Attorney of the City. In the event the City Attorney is unable or declines, by written notice, to issue an opinion to the designated employee, or in the event the designated employee is dissatisfied with the opinion received from the City Attorney of City, he may request the City Council of the City to seek a formal opinion or letter of advice from the Fair Political Practices Commission. SECTION 4.2 Reliance on Legal Opinion. If a legal opinion is issued in writing by the City Attorney of City, stating in full the facts and the law upon which the opinion is based, compliance by the designated employee with such opinion may be evidence of good faith in any civil or criminal proceeding brought pursuant to the provisions of the Political Reform Act of 1974 or this Code. The designated employee's good faith compliance with the written opinion of the City Attorney of the City shall also act as a complete defense to any disciplinary action that the City may bring, under Section 91003.5 of the Political Reform Act or this Code. SECTION 4.3 Statute of Limitations. No judicial proceedings based upon disqualification provision of this Code shall be brought pursuant to Government Code Section 91003(b) to restrain the execution or to set aside official action of the City unless commenced ninety (90) days following official action or decision.