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HomeMy WebLinkAboutNB 4 GIFT BAN ORD 11-01-93AGENDA DATE: OCTOBER 27, 199~ TO: FROM: SUBJECT: HONORABLE F~YOR AND MEMBERS OF THE CITY COUNCIL WILLIAM A. HUSTON, CITY MANAGER GIFT BAN ORDINANCE Mayor Potts requested that the County of Orange gift ban ordinance be discussed by the City Council. A copy of the ordinance adopted by the Board of Supervisors in May, 1993 is attached. As the City Council is aware, the City Council' and certain other City officials are subjec5 to the requirements of State law concerning conflict of interest and gifts. In addition, the City has a conflict of interest code which does require designated employees to report gifts. A copy of the City's conflict of interest code is attached. However, as a matter of practice, employees are instructed not to accept any gifts~.. The County's gift ban ordinance is more restrictive than the City's conflict of interest code (the provisions dealing with gifts). If the City Council so desires, staff could prepare a report which makes a comparison. But as indicated, in general, the County's ordinance is more restrictive. Attachment BY'COUNTY OF ORANGE 'i0-2 ; 10'18 ;BOARD OF SUPERVIS 714 832 0825;# 2/ B 20 21 22 23 24 .~ 26 ~ 27 AN ORDIHAN~-R ADDING ~TI~ 2 ~ DI~SION 3 OF TITLE i OF ~ ~DIFI~ O~~CES OF ~ CO~ OF O~GE~ ~I~~ ~ ~OHIBIT ~ ~~ION ~ RE~I~ OF SPECIFI~ GI~S ~ ~~C O~IC~ The Board of Supervisors of the County of Orange, Califor- nia, does ordain as follows= SECTION 1. ~icle 2 of Division 3 of Title i is added to =he Codified Ordinances of the County of Orange, to read as follows: ARTICLE 2 . GIFTS TO PUBLIC OFFICIALS. Sec. 1-3-21. Purpose; meaning of terms; interpretation; citation. The Board of Supervisors finds that the receipt of gifts by public officials from persons who do business with the County erodes public confidence in the impartiality of decisions made by those officials. The purpose of this Ordinance is to prohibit the donation and receipt of specified gifts, thereby eliminating, to the extent possible, such loss of confidence. unless otherwise expressly defined, the term~ used in this ordinance shall have the same meaning as defined in the Califor- nia Political Reform Att (Title 9 of the California Government Code) and regulations issued by the Fair Political Practices commission pursuant to the authority of the Political Reform Act, as the Act and regulations shall be, from time to time, amended. This Article shall be known as, and may be cited as, the "Orange County Gift Ban Ordinance." ,mn\Jfm\399B~.S-:L0-93 4 lb) 5 6 7 fo) 8 10 Il 12 ~3 14 18 19 20 21 22 2~ ~4 .~ 26 ]-27-g3 ; 10:18 ;BOARD OF S', / I SORS--., Sec. 1-3-22. Definitions. 714 832. 0825;# 3/ 9 For the purposes of this Article= (a) "County" means the County of Orange. "County officer" means every person who is elected or appointed to an office in the County wh$ch is specified in Section 87200 of the California Government Code. "Designated employee- means every employee of the County who is designated in the County's Conflict of Interest Code to file a statement of economic interests and every member of a board or commission under the Jurisdiction of the Board of Supervisors required to file such a statement. (2) (3) "Doing business with the COunty" means= (1) seeking the award of a contract or grant from the County, or having sought the award of a contract or grant from the County In the past 12 months, or being engaged as a lobbyist or lobbyist firm, as defined in this Article, from the time of such engagement until 12 months after the award of the contract grant, l£cense, permit, or other entitle- ment for use, which was the subject of the engage- ment, or (4) having an existing contractual relationship with the County, until 12 months after the contractual obligations of all ~arties have been completed, or (d) vn\Jfm\39~B\5-10-93 SEN~r BY:COUNTY OF ORANGE ;10-21 ; 10'1B ;BOARD OF Sb1~ERVlS 714 8~32 0825;# 4/ S 2~ 24 .-, 26 ! ~. :28 (e) (5) seeking, actively supporting, or actively opposing the issuance, by the County, of a license, permit, or other entitlement for use, or having done any of these things within the pas= 12 months. "Gift" shall have the meaning it is defined to have in the California Political Reform Act, and the regula- tions issued pursuant to that Act, except that the following shall not be deemed to be gifts~ (1) Meals, beverages, and free admission at any event sponsored by, or for the benefit of, a bona fide educational, academic, or charitable organization, and commemorative gifts from such organizations with a cumulative value, from any mingle source, of $50.00 or less during any twelve month period. (2) Flowers, plants, balloons or similar tokens which are given to express condolences, congratulations, or sympathy for ill health, or to commemorate special occasions, provided that gifts made or received under this exemption shall not exceed a value of $50.00 from any single source in any calendar year. (3) A prize awarded on the basis of chance in a bona fide competition not related to the official sta- tus of the public official. (4) Gifts from any agency of a foreign sovereign na- tion, provided that such gifts are unconditionally donated by the public official to the Director of · SENT BY:COUNTY OF ORANGE !7-98 ; 10'19 ;BOARD OF SUPI ,ORS~ 714 832 0825;# 5/ 9 2 6 7 10 I1 12 15 16 18 ~0 21 22 22t 25 26 27 (g) (h) the General Services Agency within 45 days of receipt, and the public official does not claim any tax deduction by virtue of such donation. 'Lobb~ist" shall mean any individual, including an attorney, who is employed or con~racts for consider- ation, other than reimbursement of reasonable travel expenses, to communicate directly with any County officer or staff member of a County Supervisor for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the County, or the issuance, by the County, of a license, permit, or other entitlement for use. An attorney shall not be considered a lobbyist when performing activities which can only be performed by a person admitted to the practice of law. "Lobbyist fi=m" shall mean (1) any business entity, which i~ employed or contract= for consideration, other than reimbursement of travel expenses, to communicate directly with a county officer or staff member of a County Supervisor for the purpose of seeking, actively supporting or actively opposing~he award of a contract or grant from the County, or the issuance, by the County, of a license, perm!=, or other entitlement for use, or (2) any business entity of which any member or em_ployee is a lobbyist. "Principal" shall mean any individual or business entltywhich employs or contracts with a lobbyist or vn\J fm\ 399B\5-10-!) 3 4~ SENT BY :COUNTY OF ORANGE ; 1 O' 20 ; BOARD OF SUPERV I .~ 714 832 0825;# 6/ 9 23 24 ~ 26 L. lobbyist firm for any of the purposes stated in Section 1-3-22(f) or Section 1-3-22(g). (i) An individual or business entity shall be deemed to be employed or contracting to communicate directly with a County officer or staff member of a County Supervisor If it is reasonably foreseeable that in the course of employmen= or in the course of performing the contract the individual or an employee of the entity will have a telephone conversation or a discussion w£:h any County officer or staff member of a County Supervisor, outside of any meeting governed by the Ralph M. Brown Act (which ia codified in the California Governmen: Code commencing with section 54950), for the purpose of seeking, actively suppor:ing, or actively opposing the award of a contract or grant from the County, or ~he issuance, by ~he County, of a license, 9erm~:, or other entitlement for use. ( J ) An individual lobbyist who is an officer, partner or employee of his or her principal shall be de~ed to be. "engaged' within :he meaning of this Section on the first occasion on which he or she engages in a tele- phone conversation or discussion described in Sec:ion 1-3-22(1). A lobbyist firm, or an individual lobbyist who is not an officer, ~ar:ner or employee of his or her principal shall be deemed to be 'engaged' within the meaning of this Section upon the completion of an e S~T ~Y:COUNTY OF ORANGE ; '7-~ ; 10'20 ;BOARD OF SUP[ ORS- 714 832 0825;# 7/ B 9 I0 11 12 1.% 14 16 17 181 2O 21 22 2~ 26 27 (k) agreement, oral or written, to provide the services specified in Section 1-3-22(f) or Section 1-3-22(g). "Public official" means every County officer and every designated employee. Sec. 1-3-23. Prohibitions· (a) No person who is doing business with the County shall make any gift to any County officer. (b) No person who is doing business with the County shall make any g~ft to any designated employee, who, by virtue of his County employment, could make a govern- mental decision, participate in making a governmental' decision, or use his or her official position to influ- ence a governmental decision regarding ~he pending business of the donor, or who has done any of the above during the twelve months preceding the donation. (c) No County officer shall solicit or accept any gift from any person whom he knows, or has reason to know, is doing business with the County. (d) No designated employee shall solicit or accept any gift from any person whom he knows, or has reason ~o know, is doing business with the County, when such employee by virtue of his County employment, could make a gov- ernmental decision, participate ln makinga governmen- tal decision, or use his or her official position to influence a governmental decision regarding the pending fm\39sB\5- 0-93 · SENT BY:COUNTY OF OP,.~,'§E ;10-: I ; 10'21 ;B0.~D OF SUPERVI: · 714 832 0825;# 8/ 9 1o 11 12 13 14 18 19 20 21 22 23 24 5' 25 ~ 26 ~ 27 (e) business of the donor, or has done any of the above during the twelve months preceding the donat£on. No public official shall accept any gift when the identity of the donor is not known to the public offi- cial. Sec. 1-3-24. violations and Enforcement. (a) Any County officer who violates Section 1-3-23 shall be guilty of a misdemeanor. (b) Any designated employee who violates Section 1-3-23 shall be subject to discipline for such violation, including, in appropriate cases, termination of employ- ment. (c) Any member of any.County board or commission, other than a board or commission established by the Constitu- tion or a statute of the State of California, who violates Section 1-3-23, shall be subject to removal from office. (d) Any person who violates Sections 1-3-23(a) or 1-3-23(b) shall be guilty of a misdemeanor. (e) These enforcement provisions are in lieu of the penalty provided in Section 1-1-34, are cumulative, and are not mutually exclusive. · BY:COUNTY OF ORtNGE 27-B3 ; 10:21 ;BOARD OF SUP, $ORS~ 714 832 0825;# 6 9 10 11 12 13 14 u~' 6 18 19 20 21 24 ° 26 SECTION 2. This ordinance shall take effect and be in full force thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after the passage thereof shall be published in the S~l-_h~_~ V, ll~v ~,w~ , a newspaper published'in the County of Orange, ~ate Of-Cai~fornia, together with the names of the members of the Board of Supervisors voting for and against the same. ........ Chairman of the goa~d of Supervi,or$ of Orange County, California SIGN£D AND CERTIFIED THAT A COPY OF THIS-DOCUKENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE ~0ARD - ~hyllis A. Henderson Clerk ~f the Board of Supervisors County of Orange, California STATE 0F CALIFORNIA COUNTY OF ORANGE I, Phyllis A. Henderson, Clerk of the Board of Supervisors, do hereby certify that at a regular meeting of the Board of Supervisors of Orange County, California, held on the 25th day of May , 1993, the foregoing ordinance contain- ing ~ sections was passed and adopted by the following vote~ AYES: SUPERVISORS: GADDI H. VASQUEZ. THCm~ASF. RXLE~. Ia:XfER R. SXANTO~ ~LLIA~G. STEINERANDHARRTRTTM. NIEDEH NOES ~ SUPERVISORS ABSENT: SUPERVISORS IN WITNESS WHEREOF, I have hereunto s~tmyhand and affixed the official seal of the Board of Supervisors of %he County of Orange, State of California, this 26th day of May .... , 1993. ~TED: May 26, 1993 PUBLISh: Sa~lehack Valley News June 4, 1993 ~hyllis A. Henderson Clerk oF the Board of Supervisors of Orange County, California vn\Jfm\399B\5-10-93 · 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 27 28 RESOLUTION NO. 92-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODES OF THE CITY OF TUSTIN The City Council of the City of Tustin does hereby resolve: A. That Appendix "A" of the Conflict of Interest Codes of the City of Tustin, approved by the City Council with the adoption of Resolution No. 81-61, should be modified and updated to reflect the current classification system. B. That the revised Appendix "A", attached hereto, be approved and the Conflict of Interest Codes be modified accordingly. C. That pursuant to Section 2.2 of the Conflict of Interest Codes 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's office Statements of Economic Interests as required (1) assuming position, (2) leaving position, and (3) annually. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 7th day of Decemb .r, .i992. LESLIE ANNEP(TNTIOUS, MAYOR MARY E.~YN~, CItY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 92-145 Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does 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 was passed and adopted at a regular meeting of the City Council held on the 7th day of December, 1992, by the following vote: COUNCILMEMBER AYES: Pontious, Potts, Puckett, Saltarelli, Thomas COUNC I LMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None ~~~n~ cl~i ~erk Mary , 2 :DESGPOSR 'PENDIX "A" - DESIGNATED P' ITIONS CATEGORIES OF DISCLOSURE: The following positions will be assigned a Disclosure Category of 1, 2 and 3: ADMINISTRATIVE/COMMUNITY SERVICES Parks and Recreation Commissioners Director, Community/Administrative Services Recreation Superintendent Recreation Supervisor Senior Personnel Analyst COMMUNITY DEVELOPMENT Assistant City Manager Director, Community Development Assistant Director, Community Development Building Official Building Inspector Code Enforcement officer Senior Planner Associate Planner Plan Checker ENGINEERING/PUBLIC WORKS Director, Public Works/City Engineer Engineering Services Manager Senior Public Works Inspector Public Works Inspector Field Services Manager FINANCE Assistant Director, Finance LEGISLATION City Clerk Chief Deputy City Clerk Assistant City Attorney Deputy City Attorney POLICE Police Chief Police Captain Police Lieutenant WATER Water Services Manager Water Board CONSULTANT City Manager shall determine on a case-by-case basis whether a particular consultant is required to comply with the disclosure requirements in this Section. If the City Manager determines that, pursuant to the Conflict of Interest Code, a particular consultant must comply with the disclosure requirements in this Section, the City Manager shall notify the consultant in writing. The written nosification 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 determination is a public record and shall be re%ained for public inspection in the same manner and location as this Conflict of Interest Code. 2: DESGPOSA 1 2 4 5 6 ? 8 9 10 !1 12 15 14 15 16 17 18 19 2O 22 25 26 27 28 29 52 RESOLUTION NO. 81- 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVI~:G THE CONFLICT OF INTEREST CODES OF THE DEPARTMENTS OF THE CITY OF TUSTIN APPLICABLE TO DESIGNATED EMPLOYEES THEREOF. The City Council of %he City of Tustin, California, does . hereby resolve as follows: 1. The City Council finds and determines that the Con- flict of Interest Codes of the Departments oi the City of Tustin have been'adopted by those Departments and that said Codes are in compliance with the requirements of law and are reasonable and appropriate Codes and sLould be approved. 2. The City Council hereby approves the Conflic~ of I-n%erest Co~es of the Departments of the City of Tustin hereto- fore submitted for those Departments, copies of which said Cedes are attached hereto. 3. Pursuant to Section 2.3 of said Codes, the City Coun:il of the City of Tustin, as the Code-Reviewing Body, ~oreby instructs all designated employees required to file s~atemen~s of Economic Interests pursuant to said Conflict of interest Codes and to file said statements with the City Clerk of the City of Tustin. PASSED A!~D ADOPTED at a regular meeting of the City Council of %he City of Tusti~, California, held on the lSth day of May, 1981. MAYOR ~ ATTEST: LSL:se:D:¢/24/8! 1 RESOLUTION NO. 83-30 lO ll 12 13 I4 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO THE CONFLICT OF INTEREST CODES OF THE DEPARTMENTS OF THE CITY OF TUSTIN. WHEREAS, by Resolution No. 81-61, the City Council, as Code Reviewing Body, approved the Conflict of interest Codes of the Departments of the City of Tustin; and WHEREAS,. Section 2.5(c) (2) (ii) and Section 2.9(a) of those Codes currently require designated employees to report certain gifts of twenty five dollars or more, in conformity with state law in effect when Resolution No. S1-61 was adopted; and ~EREAS, state law has since been amended to require the reporting of those gifts aggregating fifty dollars or more; and WHEREAS, the Departments of the City of Tustin have amended Section 2.5(c) (2) (ii) and Section 2.9(a) of their Codes to require the reporting of certain gifts aggregating fifty dollars or more and have submitted the amendments to uhis Council for approval. NOW, THEREFORE, the City'Council of the City of Tustin hereby resolves as follows: 1. The City Council finds and determines that the amend- ments to the Conflict of Interest Codes of the Departments of the City of Tustin have been adopted by those Departments and that the amendments are in compliance with the requirements of law and should be approved. 2. The City Council hereby approves the amendments, copies of which are attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the 4th day of April , 1983. ATTEST: CLER~ AMENDMENT NO. 1 TO THE CONFLICT OF INTEREST CODES OF THE DEPARTMENTS OF THE CITY OF TUSTIN 1. Purpose. This Amendment No. 1 to the Conflict of Interest Codes of the Departments of the City of Tustin is hereby adopted in order to conform the existing Conflict of Interest Codes to current state law. 2. Amendment. 2.1 Section 2.5(c)(2)(ii) of the Conflict of Interest Codes is hereby amended to read as follows: "(ii) if the income were a gift received by the designated employee or his or her family from the source during the period covered by the disclosure statement, the value of the gift was Fifty Dollars ($50.00) or more; and" 2.2 Section 2.9(a)'is hereby amended to read as follows: "(a) The name and address of each source of income aggregating Two Hundred Fifty Dollars ($250.00) or more in value, or Fifty Dollars ($50.00) or more in value if the income was gift;" 3. Effective Date. This Amendment No. 1 shall take effect upon its approval by the appropriate Code Reviewing Body. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does 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. 83-30 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 4th day of April, 1983, by the following vote: AYES : COUNCILPERSONS: Hoesterey, Kennedy, Edgar, Greinke, Saltarelli NOES : coUNcILPERSONS: None ABSENT: COUNCILPERSON S: None MARY E. WYNN, City ~lerk · % City of Tustin, Cal~J-fornia'. .' CONFLICT OF INTEREST CODES OF THE DEPARTMENTS OF THE CITY OF TUSTIN APPLICABLE TO DESIGNATED EMPLOYEES THEREOF ARTICLE I Section 1.1 Purpose. Pursuant to the provisions of Govern- ment Code Sections 87300 et seq., the departments of the City of Tustin hereby adopt the following Conflict of Interest Codes. No~hing contained herein .is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Government Code Section 81000 et seq.). The provisions of this Code are in addition to Government Code Section .87100 et seq. 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 unenfo~.'ceable, such decision .~ha!l 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, s~:bsection, paragraph, subpar~g£aph, sentence, clause and phrase thereof irrespective o~'.'" 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. The previous Conflict of Interest Code, adopted by Resolution No. 79-27, shall be repealed concurrently with the effective date of this Code. 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 En~ity: "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 associa~i~°n- (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; provi.~ed, however, that "co,~sultant" shall not include a position in ~.:hich the person pr,~viding such information, advice, recommendation or counsel: (1) conducts research amd arrives at conclusions ~,,itk respect to his or her rendition of information, advice, reco~.~endation or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; an.d (2) possesses no authority with respect to any · City decision beyond the rendition of information, advice, recommendation or counsel. -2- (c) City: "City" means the City of Tustin. (d) City Clerk: "City Clerk" means the City Clerk of the City of Tustin. (e) County~ "County" means the County of Orange. (f) Designated Employee: "Designated employee" means a person holding a designated position or representing a business entity which holds a designated position. (g) Designated Position: "Designated position" means a position with the City specified in Appendix "A" attached hereto. Designated positions may involve the making or participation in the making of decisions which may foreseeably have a material effect on a financial interest of the designated employee holding such position. (h) Disclosure Statements: "Disclosure statements" mean statements disclosing reportable inte~-est$ required by Section 2.1 to be fiie~% by designated (i) Reportable Interests: "Reportable interests" means investments, interests in ~-ea! p~coerty and income required to be disclosed by designated employees. "Reportable interests" as %o any particular desi~na .... emi;...~l~ee meaa= those categories of sdch interests assigned, by Append;x "A" attached hereto, to the .-3esignated position held by such employee. (j) Family: "Family" mean.~ the s?ouse an;] de:pendent children of ti~e de:;i.~na'ted employee. (k) E×cept as otherwise indicated, the definitions contained in the Political Reform Act of iU74 (Gove~-nment Code Section 81000, et se~.].) and r.p,3"!a-ions adopted pursuant thereto -3- are incorporated into this Conflict of Interest Code. ARTICLE II DISCLOSURE Section 2.1 (a) Disclosure Statements. Each designated employee shall file an init~-a! sta%ement and annual statements disclosing those reportable interes%$ in the category or categories of reportable interests, more particularly described in Section 2.5, which are assigned by Appendix "A" hereof to the designated position held by such employee. Such statements shall be filed at the place spec~-fied in Section 2.2 and at the times specified in Section 2.3 through Section 2.5, shall contain the information specified in Section 2.6 through Section 2.9, and shall be in the form specified in Section 2.10. (b) Any designated employee who holds more than one (1) .. designated Fositicn shall file only one (1) disclosure statement, indicating on tha- disclosure statement all of the designated positions held by such emoloyee. Section 2.2 Place of Filing. The Code Reviewin~ Body shall instruct ali designated employees required to file sta' .... -~s D.,usuant to this Conflict o~ ~e,a~.~]ts of ~conom~c intereo.. . ~ interest Code to -'ile ia acco~-dance with one of the following orocedures: (a) All designate~ employees shall file statements of · economic interests with %he City Clerk. Upon receipt of the statements of ecc-.omic i-terests of the hea~ of the City and members of boa~.ds or co:?~issions not under a department of -4- state or local government, the City Clerk shall make and retain a copy of each and forward the originals of these statements tO the Code Reviewing' Body, which shall be the filing officer with respect to these statements. Such statements shall be forwarded by the City Clerk to the Code Reviewing Body within five (5) days after the filing deadline or five (5) days after receipt in the case of statements filed late. (b) All designated employees shall file statements of economic interests with the City Clerk, which shall make and retain a copy and forward the originals to the Code Reviewing Body, which shall be the filing officer. (c) All desig~ated employees shall fi'e statements of © economic intere:'3ts with the C..de Reviewing Bccy. (See Government Code Section 81010 and 2 Cal. Adm. Code = filing o~fic=~s and persons in S=~tion 18115 for the duties o~ agencies who make and retain coo!es of stater, ents and forward the originals to the filing of=iceu. ) Section 2.3 Time of Filing Initial Sta-ement'. (a) All persoas assumin~ designate,'] 'p~Sitions after the effective elate of this Code she. il file statements ~;ithin t!]ir~y (30) days after assuming the designated posi-ions, or, if =0i)j~ct to State Senat" co"fi~''a'-ion, ti~irt" '30) days deter b~.in,:3 appoin~ec'~ o:- r,o;ninateS. , (b) ~=ction 2.3-shall not be app!icab'e to any designated ~.molove= required to file under ti%e oro-.;isic.ns of Gov~r,~ment -_ Code Sections 87200, et seq., but such desi~.-.ated employee shall co,~fo'.:r', t..~ tt~e disc!os'~e and filing p-:~visions of Governm.?.:~t Co'dc Sections 87200, et --~-- Section 2.4 Time o~. F~li ~ Annual Statements An annual disclosure statement shall be f~ied by April 1st of each year · by each designated employee '~'he-her or not s~ch reportable i~t=rest was disr~osed of dur~nc such calendar year and whether o~_- not the designated employee =iled an initial statement pursuant to Section 2.3. Annua' 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 t'~,e provisions o._ Government Code Section 8720.3, et seq., but such designated employees shall conform to the ~isclosure and filing provisions = Government Cod° Sections 872_'0, et seq O'- ~ ' 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 c--f ice or position. Section 2.5 shall not be applicable to any fesignated employee required to file under the provisions of Gc'-ernme,~t Co:~e Section 87200, et seq., but such designated emp!c}'ees shall conform to the dis- closure and filing provisions c= Government Code Sections 8-200, et seq. Section 2.6 Categories c-- Reportable Interests. Reportable ~_,~erests are divided into t~e following categories: (a) Category i: Inte~==-s in Real Property. Interests in real property are reportable interests if: (1) the real prop£~ty to which the interest pertai~.s is located in part or in whole- (i) (ii) (iii) within the boundaries of the City, or within two (2) miles of the boundaries of the City· or within two (2) miles of land located outside of the boundar~ie~ o.f the City which is owned or used by the City; and (2) the fair market value of the interest owned directly, ~'ndirectly, or beneficially by the designated employee or his or '%er family is greater than One Thousand Dollars (S!,000.0C'; and (3) the interest is either: (i) a leasehold which does not expire within ten (10) y~ars from. the first day of the .oeriod covered by the statement, or a beneficial or ownership interest held by the designated employee or his or her family; or an option held by the designated employee or his or her family to acquire such an (ii) (iii) intece.st; an interest or option held by a business entity or trust in ¥:i~ich the designated e:-nployee or his or her family owns dit-ectly, indirectly or beneficially, a ten percent (10%) interest or greater; provided, however, that in the event that the o.,~nership inteuest of the ' ~'~l lovec or his or her family (4) required to be reported. (b) category II: Investment. entities are reoortable if: - in such business entity or trust is less than fifty percent (50%), the value, for the purpose of Paragraph (2), of the real property interest or option relates to the value of the prorata share of the designated employee or his or her family in the real prOperty interest or option held by the business entity or trust; and provided, further, that in the event that the ownership interest of the designated employee or his or her family in such business entity or trust is fifty percent (50%) or more, the value, for the purpose of Paragraph (2), of the real property interest or option relates to the entire value of the real pt-operty interest or option held by the business entity or trust; and the principal residence of the filer is not Investments in business (i) the busiDess entity, including parent corporations, subsidiary corporations or otherwise related business entities, (i) has an interest in real property located in part or in whole within the boundaries (ii) of the City, within two (2) miles thereof or within two (2) miles of land owned or used by the City, or does business or plans to do business within the City, or (iii) (3) has done business within the City at ~any time during the two (2) yeats prior to the time that the disclosure statement o~ the designated employee is filed; and (2) the fair market value of the inves~m_nt of the designated employee or his or her family is greater than One Thousand Dollars ($!,000.00); and the investment either: (i) <ii) is owned directly, indirectly or beneficially by the designated employee or his or her family and constitutes a · financial interest i~, or security issued by, the business entity, including but not limited to common stock, preferred sto~'-, ,-_'~ -!:.~.,=, v:a,-,-ants,__ ootions, debt instruments and any part{ne~ship or other ownevshio interest; or - is held by any business entity or trust · in whic~o, t.-,~-o' . d.=ss~nated_ ' emoloi~c,-=~ or his = . ind irec t ly, o~_- i~er ~a:nily owns;, directly, or beno:~ial'y,___~ .. =-~ ten nercen~ (10%) i.n~.~re~._ o,_- ..greater, and con~titute~ -~ (c) are reportable if- financial interest in, or security issued by, a business entity qualifying under Paragraph (2) above; provided, however, that in the event that the ownership interest of the designated employee or his or her family in such business entity or trust' is less than fifty percent (50%), the value, for the purpose of Paragraph (2), of the investment relates to the value of the prorata share of the designated employee or his or her family in the investment held by the business entity or trust; and, provided, further, that in the event the ownership interst of the designated employee or his or her family in such business entity or trust is fifty percent (50%) or more, the v_~lue, for the purpose of Paragraph (2), of ·the investment relates to the entire value of the investment held by the business entity or trust. EXCEPT: An investment is not reportable if it constitutes a time or demand deposit in a finap-ial inStitution~ a share in a credit union, an insurance poli'y, or a bond or other debt instrur~ent issued by · any government or government agency. Category III' Sources of Income. Sources of income -10- (1) (2) the source of income was either' (i) a business en-ity located or ~oing businegs as described in subsection (ii) (b) (1) , or an individ,aal residing within the City, (iii) or = ration a non-pro it association or coroo having its pr=ncipa! place of business witl~in the Ci-_y; and either: (i) the aggregate amount of income received .by the de~ign=-ted em.oloyee or his or her family from tke source during the period covered by the disclosure statement was Two Hundred F;ftY Dollars ($250.00) or more ;n w=!u=, o~ if the income were a gift received by the designate.5 er.p!~yee or his or her family =d from ~ne sour = during the period cover~ by the ~isclcsure statment, the value of the gi= ' =t was Uwenty Five Dollar= ($25 00) or more; an,J the laco:ne wa~ either receive(] by- (i) .the designate5 employee or him or her familv, or :~, a.~v business entity ou trust ~ ii) received ~. ~ - in which ~he j~ign~ted emoloyee or his or :]e~' =--~ - o,...-~, d~rectlv, ~ndirectly, (ii) -iL- or beneficially, a ten oer-ent (10%) interest or greater, prov~ed, ho~ever, ~ · that in the event ti~at the income is received by a business entity described in this Parag£aph (ii), the value, for the purpose of Paragraph (~), of the income relates to the prorata share of the designated employee or his or her family in the income of t]:e business entity or trust. INCOME INCLUDES, except to the extent excluded by this subsection, income of any nature =rom any sour-~,~_ including but not limi~=d~o to any salary, '~;age, advance, payment, dividend, inte'-est, rent, capital gai:~., return of capital, gift ~including any ~.~ ~i=t of ~ood or beverage), .., ._ , ~ _ loan forg:"=ness or . pa'yr~ent of indebtedness, discount in ~:.e price of anything of value unless the discount ;s available to ~- =ficial membe = of the public without regar~ to o: status, rebate, reimbursemen~ of e~o~ses, Der diem, o.'- contribution to an insurance or pension program paid by any person other than an em:)!c~:'er. INCO[.'..E DOES NOT INCLUDE: (1) campaign contrib'dtions req'ire.~ to be repc-ted unJer Chapter 4 (commencing ~.::th Section 8.~.!C') of Title 9 of the Government Ccfe; -12- (2) salary and rei-sursemcnt for expenses or per diem received from a s-ate or local government ;~ travel expenses and pe~ agency and reimburse:nent ~ diem received ~ron a bona :ida c.-.]uca%ional, academic ou charitable organization; (3) gifts of inforr_ational material, such as books, pamphlets, reports, calendars or periodicals; (4) gifts which are not used and which, 'within thirty (30) days af-=r 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 :n~ividual's spouse; Child, parent, grandparent, grandchild, brother, sister, parent-in-law, brohher-in-'a:-:, sister-in-law, aunt, uncle, or first cousin or %he spo.ase of any such ,t frown any such person perso~, oro~'i~=~ tha~ a c~ = shall be considere.J income if the donor is acting as an ac~nt or intermediary frr any person not covered by this paragrapk (5~: (6) any devi3e or :nheritance; __nos or oremiums on a (7) int~''=s~ ~: ~'~=~ ~ ti;ne or demand de::osi~ in a fiaancial institution, shat. es in a credit union c~ any insurance policy, ,oavments received under a~l' insurance policy, or any ~..,~ ~ ~ goV=rl]ment b.~nd or other debt instrur, ent is .... by ~nv - -i3- (8) dividends, interst or any other return on a security which is registered with the Securities and £xchange Commission of the United States Government; (9) (10) (11) redemption of a mutual fund; alimony or child support payments; any loan or loans from a commercial ., lend<ng institution which are made in the lender's regular course of business on terms available to members of the public without cegard to official status if: (A) us=d co pu~-~ ..... =se the principal residence c: the filer; or (B) the 'balance owed does not exceed · Thousa~.= Dollars ($10,000.00); Ten (12) any indebtedness created as part of a reta- ! installment or credit card transaction if made in the lender's regular course of business on terms available to members c= the public without regard to official status, sc long as the balance owned to the creditors does not exceed Ten Thousand Dol!.=.rs ($10,000.00); (~3)~ other tha.~. a gi=-, income received_ from any source .'_~atside the jurisdiction of the City and not ~oing b~].-'~iness wi~'nin tke jurisdiction of the ~itv not :~lan~.in~ to do bus'ness within the 5urisdiction, ~.f -:-e City, or not kaving 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; (14) inco~.e f. roma source which is a former employer if: al! 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 at the time he or she assumed the designated position of renewed employment with the former employer. (!5) :payments recei.ged unde~- a defined benefit pension plan qualified under Internal Revenue Code Section 401(a) . (d) Category IV: Supply Sources. Category IV includes investments included in Categori.? II in business entities describe~] th~re~n,._ ~ and incc~ .... i~--~uded~z in Ca.~gory__ 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: Con-rac%crs. Category V includes investments included in Categor':' II in business entit~es described ti]erein, and.inco~.e included in Category III from business entities described the:---pin; if such business entities are co~tract.')~'c~ ~ or ~3dbCOnt~'aCt:)~'-5_ en~a,.]e~i in the ,o~r=orma~-ce- ~ of .^~'oz'k or se;:vi:',''= of ~%.-~ nye's.7 ut:~d by tho City -. (=) Catecorv ~I: Financial Institutions. Category VI incl.~es investments included in Category II in business entities rjescribed therein, and income included in Category III from business entities .therein,- if such business entities constitute baaks, savings and loan associations, insurance companies, investr~ent companies, title companies, financial consultants or data orocessing firms. Section 2.7 Content of Disclosure Statements; Catego~ 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; A statement of the nature of the interest in the real 9roperty; .' ir market value of the ! .. .,c) A state.'?,ent of whether the fa .00 but does ., ~=~ t exc=-,~s one i~ter~.~_= =:.~ Thousand Dollars ($1,000 ) not ex--~ed Ten Tkousand Dollars (~!0,000.00), whether it exceeds Ten Tho'dsand Dollars ($10,000.00) but does not exceed One Hunt, red ?housand Dollars ($100,000.00), or whether it exceeds One Hundred Thousand Dollars ($100,000.00); (d~ !n the case of an interest in real property wholly or c=~r.-_ia!ly ac~aired during the oeriod covered by an annual dis-!c.=_ure statemenh, the date of acquisition and, if such inter==~ in s.~ch property was dis.oosed 'of during such period, nhe dane of disposition; and ~e) For purposes of disclcsure under this Section, "interest in real property" .~oes not include the principal -16- residence of the filer. 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 £ategori~s IV, V and VI shall contain the followin9 information: (a) The name and address of the business entity in which each investment is held; ',b) A general description of the business activity in which the business entity is engaged; (c) A statement of the nature of the investment; (~) A state~:ent of whether- the fair market value of the invest~ne,~.t exceeds .One Tho,]Sand Dollars ($1,000.00) bu~- does not exceed Ten Thousand Dollars ($10,000.00), whether it exceeds Tun "h sand Dollars ($10,~ . ? ou ,~00.02) but does not exceed One Hcndre.~ Thousand Dollars ($100,000.00), or whether it exceeds One Hundred Thousand Dollars ($100,000.00); (e) In tl:e case of an investment which constitutes fifty percent (50%) or more of the ownership interest in a business =ntitv d~sc=~sure of the investm..ents and interests in real property of the business entity; ,'f) In the case of investments wholly or partially acquit-ed durinc~ the perio.'] cove-zed by an annual disc!onure .~tater:en~-, the date o[ acqul.~ition and, if guch interest in :~:.~ch ?r,-3pe,.-ty ;-~as di..~posed of during such period, the date of ~is:>ozition; anJ (g) Fo,.- purposes of. disclosure under this Sectioa "int:,rest in :3eal property" does mot include the principal -17- residence of the filer. 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 Catgeory III and income sources specified in Categories IV, V and VI shall contain the fo!!o~ing information: (a) The name and address of each source cf income aggregating .Two Hundred Fifty Dollars ($250.00) or more in value, or T~.~enty Five Dollars ($25.00) or more in value if the inco~e was a gift; (b) A general de. scription of the business activity, if any, of each source; (c) A statement whether ti~e aggre~.ate va~ue of income from each scurc=, or in the case of a Ican, the highest amount o~^~ed to each source, was at least Two Hundred F~ftY Dollars ($250.00) but did not exceed One Thot]sand Doila~s ($!,000.00), whether it %~as in excess of One Thousan~ Doi!ars ($1,000.00) but was not greater than Ten Thousand Dollars (S10,000.00), or %~hethe~ it ~'as greater thaa Ten Thousand Dollars (S10,000.00); : = any, for (d) A description of the consideration, -~ _ which the inCome was received; (.=_) In the case of incoae constituting a gift, the amount and the date on which the gift was received; ~ ~-_eres~ rate and (f) In the case of .a loan, the annua.- .... the security, if any, given for the loan; (g) In the case of income of a business entity, in which ~:~e designated employee or his or i]er family owns a ten Percent (10%) interest or mo~e; (1) name an-~ address and a general description activity of the business entity; and .. (2) the name of every natural person, non-profit association or corporation, and business entity from whom such business entity received payments if the prorata share of the designated employee 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 disclost.,,_-e statement being filed. (h) ~.~anagement Position Disclosure. When management positions are required to be report%d, a designated employee shall list the name and address of each business entity in · ' , truste which he or she is a directo,_-, officer, oartner, e, · employee, or in wh-;ch he or she hol~s any position o.-' management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (i) Acquisition or Disposal During Reporting Period. In the case o~ -, ._ an annual or leaving office statemen~ i-- an investment or interest in real ?rope'-'_°ty :.:as partiall~_z or wholly ac:.]uired or disposed of. during the perio~ covered by the .~tate;nent, t'.':e stat-;.n._nt s!~all co,ntain the da~e of a quisition o~: dis~,osa l. cection 2.10 Form of Disclosure Statements. Disclosure sta.~:,.-..ents r=.uui~ed to be filed hereunder for any category of repo~_'~able interests shall be on the forms prescribed by the Fair Political Practices Commission, which shall be as shown on Schedules "A-H", inclusive, of Form 730 attached hereto as Appendix "B". · Section 3.1 ARTICLE III DISQUALIFICATION 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 decisi°n will have a . · ,..nater~al financial effect, distinguishable from its effect on the oab!ic generally, on a financial interest of the designated e:?to?'ee. A designated employee shall not be required to disqualify himself with respect to any matter which could not -.'" ioation. ' ly act_~, uoon or decided without his oartic be le~a; ~ 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 Section. Sectin 3.2 Making Governmental Decision; Actions Included. A designated emoloyee makes a governmental decision within the ¢ this Article, when he or she, acting within the ~,,-,a~ r~ O- authority of his or her position: Votes on a matter; (b) (c) Appoints a person; Obligates or co,amirs the City to any course of ac-~on; Enters into any contractual agreement on behalf c= -20- the City; or (e) Determines not to act, within the meaning of sul~section (a) throu.~h subsection (~1, unless such determination ~ ~_~ interest i- made because o-' his or her financi '.- · Wi~en the deter,aination not to act occurs because of his or her financial interest, the designated employe.e'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 cr appointing power, as appropriate. .Section 3.3 Participating in Decisions; Actions Included. A d~signated_ emp]:D?~'~'particioa-"=$_ . __ . __ -~n ~h,-~.. making of a governmental decision within t~'e .meaning of tl~is Arnic!e, when he or she, = his o~ her oosition: ~cting within the authority (a) Negotiates without significant substantive review, - with a governmental entity or ori%'=te oe~son regardinz the decision; or (b) Advises or makes uecc~.menda-ions to the decision- =u~_ ~ther di~=~+~v or withoun =~nificant intervening . o.:~DF~~'' _~Li~.'~ I'=~;~-.':,- (!) Conducting rescarch c- investigations which ce~:eire hhe exercise of judgmen% on tY.e part of the' designated ,':.:~.3!oyee anal the put?ese of whi.2~] i~ %3 i:%~luence the decision; o_~ (2) ?reparing or oresent~g any ,:eport, analysis or opinion, ora!!v o~_- in writic:~':, :-;hi'-- requires the exercise ~ 5~c] ' ~ an ' the .~ . 9~et~t on t:-e :pat-t of a de~ignate'~: c;nplovec, purpose of ~hich is to influence the decision. Section 3.4 Making or Par-icipa-ing in Decisions; Actions Excluded. Making or participati.ng in -_he 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 c'erical; (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 re~-uesent himself or herself on matters related solely to his or he- personal interests; or (c) Actions by a designated emsloyee relating to the. compensation or the terms or conditions of his or her employment o~- contract. section 3.5 Material Elf=ct- on ~inancial Interest. A designated employee has a financial interest in a decision if it is reasonably foreseeable than the Jecision rill be signifi- . cant within the .-...eaning of the cenera2 standards set forth in ion 3.1 above_. Considerations sha~l be given to the follow- ing factors: (a) Whether, in the case of a ~zsiness entity in which the public official holds a direct or indirect investment of One Thousand Dollars ($1,000.00) or mcre or in the case of a · . . business entity in which the p_~'~iic of=icial is a director, - officer, partne~, emp!¢.:_?ee, trcstee or holds any position of management, the effect of the decision will be to increase or decuea~e: (1~ The annualized gross reven~es by the lesser of: (2) (3) (i) One }tundred Thousand Dollars ($100,000.00) or more; or One percent (1%) if it is One Thousand Dollars ($1,000.00) or more; or Annual net income by the lesser of: Fifty Thousand Dollars ($50,000.00.); or ., One-halJ~ (1/2) of one percent (1%) if it is One Thousand Dollars ($1,000.00) or more; or Current assets or liabilities by the lesser of: (i) One Hundred Thousand Dollars ($100,000.00); or One-half (1/2) of one percent (1%.) if it is'One Thousand Dollars ($1,000.00) or more. (ii) (i) (ii) (ii) Cureat assets are deemed to be decreased by the ~r~ount of an-,, ~:-:,ne~sos in,'urred -~s a result of a cov=rnm=ntal .. decision. (b) ~.<'ne-her~ in the case of a direct oc indirect interest · i~.. ~==. _-~I :-;-o:)=~--_v~.. __~ .__ . ~"~ One Thou.=-~,~-~... ;~,ollars (SI._,000.00) .or_ more held by a publ"c of.iicial, the effect of the decision will be t.D incuease or ~2ecuease- (~') The income-producing potential of the property by the lesser One _:.:--~u~=nd Dollars ($1,000 00) oer month; Or --_ p~.r', rao~th if it is Five ,~L-cent (5%) , ~-' -23- Fifty Dollars ($50.00) or more per month; (2) or The fair market value of the property by the lesser of: (ii) Ten Thousand Dollars ($10,000.00); or One-half (1/2) of one percent (1%) if it is One Thousand Dollars ($1,000.00) or more. (c) Whether, in the case of a source of income, as defined in Government Code Section 87103(c), of Two Hundred Fifty Dollars (S250.00) or more received by or promised to a public official within twelve (12) months prior to tlne time the decision is made: (!) The effect of the decision will be to directly increase or decr. ease the amount of income (other than rents) to be received by the official by One Hundred Dollars ($100.O0) or more; or (2) There is a nexus betweea the governmental decision and the p~arpose for which the official receives income; (3) In the case of a source of income which is a business entity, the business entity will be affected in a manner described in subsection (1) above; or (4~ if the source of income is not a business entity, the decision will have a significant effect on the source. (d) For p~-~?oses .of this Section, indirect investment or interest means any investment or interest owned by the spouse or deoendent child of a public official, by an agent on behalf of a oublic o;ficial, or by a business entity or trust in which - -24- the official, the official's agents, spouse, and dependent children own di:_-ec~ly, indirectly or beneficially a ten percent (10%) interest ~: -~reater. · (e) Not'..::-'-standing any other provision contained in this Section 3.5, the .?..~king.or participation in the making of a governmental decision by a contrac.~ consultant or by a person retained to provide information, advice, recommendation or counsel has no -aterial financial effect on a business entity or source of inc~-= in which such consultant or person retained = loyee sol~ oroprietor or partner, if the is an officer, _.-.:~ , - ~ only financial ~--==-~cts 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. £=ction 3.6 ~':otice of Action Taken. (a)_ Mandatcry Posting of Notice of Action Taken. If a designated emp'"~-'e5 disqualifies himself or herself from the makinc~ of a decision, or participating in a decision, upon a particular subject, and if the City subsequently commits itself to a definite cDurse of action with regard to said subject, then the City Clerk shall post a ~otice of Action Taken as soon - ~= l!o~i such commitment. Said ?..,~otice shall a~ is :~raCtic~?--=_ fo ng . be substantia ~ ~" ' ~ _~. ~n the form set forth in Apoendix "C", and shall be cons.oic"c~sly posted on or near the door of the regular ~v. cetin~ ?lace o= %!:e governing body of the City. (b) Di:-~crez~onat-v Posting of Notice of Action. In the event ~:at t~-e -v co~n.~]it5 itself to a definite course of -25- action with regard to any subject and no disqualification has occurred, the governing body may direct the City Clerk to post the Notice desccibed 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 t0~ 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 a 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 commit:.nent and all decisions made ~{ith regard thereto shall be final and conclusive. (d) Reconsideration Upon Filing of Request Therefor. In ~ 1 .... with the City Clerk pursuant the event tha~ a request is fi ~ 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 emplo_vee shall cause said commitment to be reconsidered. ARTICLE IV MISCELLANEOUS Section ~.. ! Leqal Opinions. Any designated employee who is uncertain of any obli~'jation arising under the provisions of this Code .or the political Reform Act of 1974 (Government Code Sections 81000 e~ seq. ), may request a forn~al opinion or letter · of adv. ice ~r,D.~.. the Fair Political Practices Co.,n:nission pursuant to Government Code Section 83114, or from the City Attorney of the City. Not~.in~ in th[~ Sectio~ require.~ the City Attorney -26- to issue such aa opinion. Section 4.2 Reliance on Legal Opinion. If the designated employee truthfully discloses all material facts, an opinion or written advice provided by the Commission protects the designated employee from administrative, civil and criminal penalties to the extent provided for in Government Code Section 83114. If the designated employee has truthfully disclosed all material facts to the City Attorney of the City, and an opinion is issued in writing by the City Attorney of the City, stating in full the facts and the law upon wklck the opinion is based, compli- ance by the designated emplov~ ~_ '-.-;ith such opinion may be evidonce~ .._ of good faith in any civil or criminal proceeding' brought . pursuant to the pro~,isions cf the .Political Reforln Act of 1974 o~ this Code. The designated e::.'-!oyee's good faith compliance with ~' e ' ~n v:ritten opinion of the C.ity Attorney of the City shall al:~.o ,'.-~ct as a complete defense to any disciplinary action ~nat the City ma'_~.' bring unc;.-*_-r .-..ec._ion 91003.5 of the political ?.,~,Dr.,r, Act o~° tkis Code. Section 4.3 Statute of Limitations- No judicial L~roceedings based upon dis...'quali;ication provisions of. this Code shall be brought pursuant to Governmenl Code Section 91003(b) to restrain the execution o~' ~.~ ~.o.~ aside official action of t~,,~_ City u,,~ie.~.-'.:_~ commenced mizen'=' {:)0) da:_.'s follo~-:ing official action or decision. · ~ ';L- se- D- 2 /2::,./3'.'_ USL- se- R- 3/2.17, t LSl.:sc- R-3/30/,3.1_