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HomeMy WebLinkAbout22 GIFT BAN ORD. 05-02-94NO. 22 5-2-94 .r' ~TE: APRIL 27, 1994 Inter-eom TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL WILLIAM A. HUSTON, CITY MANAGER GIFT BAI~ ORDINAI~CE Councilmember Doyle requested the City Council disCuss the County's gift ban ordinance and the City's current conflict of interest code. Attached are the County's gift ban ordinance and the City's conflict of interest code. The City Council and certain other designated City officials are subject' to the requirements of State law concerning conflict of interest and gifts. In addition, the City has a conflict of interest code which requires designated employees to report gifts and any personal investments that could create a potential conflict of interest. However, as a matter of administrative practice, employees are instructed not to accept any gifts. - The County's gift ban ordinance is more restrictive that the City's conflict of interest code (the provisions dealing with gifts). If the City Council so desires, staff can prepare a report which makes a comparison. Attachments 1 2 10 11 12 13 '.OM L6 ~8 ~9 20 21 22 24 ~ ~6 · ;1@-"v-93 ; 10'18 ;BOARD OF SUPERVI.RORS-. 714 832 0825;# 2/ 9 Ol~~ MO.. 3892 ~ ORDm'I~kNCE ,M)D]3~G ~M~TZCLE 2 ~ DZ~SZON 3 OF TZ~ Z OF ~ ~DI~ O~~C~S OF ~ CO~ The Board of Supervisors of the County of Orange, Califor- nia, does ordain as follows~ SECTION 1. Article 2 of Division 3 of Title I is added to =he Codified Ordinances of the County of Orange, to read as follows z ARTICLE 2 GIFTS TO PUBLIC OFFICIALS. Sec. 1_-_3-21. Purpose ~ meaning of terms; lnterpretation~ citation. The Board of Supervisors f~nds 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 ~s to prohibit the donation and receipt of sDecified 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 Act (Title 9 of the California Government Code) and regulations ~ssued by the Fair Political Practices commiesion 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.' vn\Jfm\399B\5-10-93 SEIki' BY:COUNTY OF ORANGE ;lC" 7-93 ; 10:18 ;BOARD OF SUPER!:eORS~ 714 832 0825;# 3/ 9 1 4 5 7 tO 12 13 14 18 ~9 2O 21 ~3 24 It} ~ 26 ~ 27 Sec. 1-3-22. Definitions. For the purposes of this Article~ (a) "County' means the County of Orange. (b) 'County officer' means every person who is elected or appointed to an office in the County which is specified in Section 879-00 of the Californ~-a Government Code. (c) "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 hoard or commission under the ___ Jurisdiction of the Board of Supervisors required to file such a statement. (d) "Doing business with the County' means: (1) seeking the award .of a contract or grant from the County, or (2) having sought the award o£ a contract or grant from the County in the past 12 months, or (3) being engaged as a lobbyiet or lobbyist firm, as defined £n this Article, from the time of such .. engagement un~il 12 months al=er the award of the contract grant, license, permit, or other entitle- ment for use, which was the subject of the engage- (4) ment, or having an existing con~ractual relationship with . the County, until 12 months after the contractual obligations of all parties have been completed, or ~ el; 8Y :COUNTY OF ORANGE · : 27 (~. 28 ;10-o7-93 ; 10'19 ;BOARD Ol-' SUI-'e. RVlSOR.tS-, (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 ~he past 12 months. "Gift' shal! have the meaning it i~ 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 glftsl (2) (3) (4) Meals, beverages, and free admission at any event ... sponsored by, or for ~he benefit of, a bona fide educational, academic, or charitable orga~tzat~on, and commemorative gifts from such organizatLons with. a cumula~ve value, from any single source,- 'of $50.00 or less during any twelve month period. Flowers, plants, balloons or similar tokens which are given 'to express condolences, congratulations, or sympathy for ill health, or ~o commemorate special occasions, provided ~hat gifts ~de or received under this exemption sh&11 not exceed a value of $50.00 from any single source in an~ " calendar year. A prize awarded on the basi~ of chance in a bona · fide competition not related to the official ~ta- tus of the public official. Gifts from any agency of a foreign sovereign na- tion, provided that such gifts are unconditionally donated by the public official to the Director of vn\ 3 fm\399B\§=10-93 · ~ BY:CO~ OF ORANGE · · 1 4 5 6 7 9 10 I1 1~- 13 14 18 20 21 22 23 24 ~ :~6 ;10~?-9.'3 ; 10:19 ;BO.~DOF SUPERV)$ORS~ I j' 714 832 0825;g 5/ B (g) (h) the General Services Agency within 45 days of receipt, and the public official does not claim any tax deduction by v~rtue of such donation. 'Lobbyist' shall mean any individual, including an attorneyt who is employed or con~racts for consider- ation, other than reimbursement of reasonable travel expenses, to co~unicate directly with any County officer or staff member of a c0mnty 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 en=itlement for use. An' attorney shall not be considered a labbyist when performing activities which can only be performed by a person 'admitted to the practice of law. 'Lobbyist f~# shall mean {1) any business entity, which l~ 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 the award of a contract or grant from the County, or the issuance, by the County, of a license, permi=, or other entitlement for use, or (2) any business entity of which any member or employee is a lobbyist. "Princi~al" shall mean any ~ndlvidual or business entity which employs or contracts with a lobbyist or ~ SENT BY :COUNTY OF OI~GE 1 2 4 6 ? ;lr~ '-93 ; 10:20 ;BOAFd) OF 7lq ~32 UU2~;~ {J/ ~ (J) An individual lobbyist who is an officer, partner or employee of his or her principal shall be de,med to be. "engaged" within the meaning of this Section on the first occasion on which he or she engages in a tele- phone conversation or discussion described in Section 1-3-22(i). A lobbyist firm, or an individual lobbyist who is not an officer, partner or employee of his or her principal shall be deemed to be "engaged" within the meaning of this Section upon the completion of an · lobbyist firm for any of the purposes stated in Section 1-3-22(f) or Section 1-3-22(g). An tndivldual 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 employment or in the course of perfg~_z~ing the contract the individual or an employee of th~' entity will have a telephone conversation or a discussion with any County officer or staff member of a County Supervisor, outside of any meeting governed by the Ralph M. Brown Act (which io codified in'the California Government Code commencing with section 54950), for the purpose of seeking, actively supper=lng, or actively opposing the award of a contract' or grant from the County, or the issuance, by ~he County, of a license, perm/t, or Other entitlement for use. SENT BY :COUNTY OF OILtNGE · 6 7 9 IO 11 1.2 14 18 19 2O 21 22 23 24 25 26 27 ; 1," ~7-°~ ; 1 O' 20 ;BOARD OF SUPEr.' ~ORS--,, (k) 714 832 0825;# 7/ 9 Sec. 1-3-23. (b) agre~-ment, 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. Prohibitions. No person who is doing business with t~e. County shall : make any gift to any County officer. No person who is doing bus'~ess with the County shall make any gift to any designated employee, who, by virtue of bls County ?mPloFment, could make a govern- mental decision, participa~ 1n making a governmental' decision, or use his Or her official position to influ- ence a governmental decision regarding the pending business of the donor, or who has done any of ~he above during the tweive months preceding the donation. No County officer shall soIlcit or.accept any gift from any person whom he knows, or has reason to know, is doing business with the County. No designated employeeshall soIictt or accept any gift* from any person whom he knows, or has reason to know, is doing business with the County, when such employee by virtue of his County employment, could make a gov- ernmental decision, participate ln making a governmen- tal decision, or use his or her official position to Influence a governmental declsion regarding the pending vn\J fm\ 399B\5-10-9 3 10 11 12 13 '-14 19 2O 21 22 23 24 £ 25 ~ 26 ~ 27 (~. :18 (e) business of the donor, or has done any of the above during the twelve months preceding the donation. No public official shall accept any gift when the identl~y of the donor is not known to the public offi- .. cia1. ~ec. 1-3-24. Violations and Enforcement. (a) Any County officer who violates Section 1-3-23 shall be guilty of a mlsdemeanor. ' (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- =ion or a statUte of =he 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 exclu~£ve. · · ~1 BI bUUIII! Ur' · SECTION 2. This ordinance shall take effect and be In full force thirty (30) days from and after 1ts Dassage, and before the expiration of fifteen (15) days after the passage thereof shall be published in the ~aal~~ ~.~w,~ , a newspaper ~ubllshed'ln ~he County of Orange, Grate Of Cal~fornia, together with the names of the members of the Board of Supervisors voting for and against the same. -.----------------- .... ,, ~hairman of the n o~ Supervisors of Orange County, California SZGNEDAND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAZRMANOF THE ~OARD ~hyllzs A. Henderson Clerk ~f the Board of Supervisors County of Orange, California STATE OF CALIFORNIA COUNTY OF 0RANGE ss. I, Phyllis A. Henderson, Clerk of the Board of Supervisors, do hereby certify ~hat a~ a.regularmeettng of the Board of Supervisors of Orange County, California, held on the 25th day of Nay '~, 1993, the foregoing ord/nance contain- ing ~ sections was passed and adopted by the following vote~ A~ES: SUPERVISORS: NOES~ SUPERVISORS= ABSENT= SUPERVISORS~ ~o~g IN WITNESS WHEREOF, I have hereunto seamy hand and affixed the official seal of the Board of Supervisors of the CounCy of Orange, State of California, this ~26t~ day of May ..... , 1993. DATED: May 26 · 1993 PUBLIS~I: Sa~lehack Valley News ~une 4· 1993 ~hyllis A. Henderson Clerk of" the Board of Supervisors of Orange County, California vn~ J fmC.399B~ S-10-9 a · 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 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 Tu~tin at a regular meeting held on the 7th day of Decemb P, 1992.' .... LESLIE ANNE PO-NTIOUS, MAYOR 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 ItMEMBER NOES' None COUNCILMEMBER ABSTAINED' None couNc ILMEMBER ABSENT' None ~Y~ E~~l C~i ~erk Mary , 2 :DESGPOSR 'IX "A" - DESIGNATED NS 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 .B~itding 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 Mana~er'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 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 determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. 2: DESGPOSA 1 2 3 5 ? 8 10 11 12 14 1§ 17 18 2O 22 23 24 25 26 27 28 29 3o RESOLUTION NO. 81-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE CONFLICT OF INTEREST CODES OF THE DEPARTMENTS OF THE CITY OF TUSTIN APPLICABLE TO DESIGNATED EMPLOYEES THEREOF. The City Council of the 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 be~ adopted by those Departments and that said . Codes are in compliance with the requirements of law and are reasonable and appropriate Codes and sL~uld be approved. 2. The City'Council hereby approves the Conflic= of I~terest Co~es of the Departments of the City of Tustin hereto- fore submitted for those Departments, copies of which said Codes are attached hereto. 3. Pursuant to Section 2.3 of said Code~, the City Council of the City of Tustin, as the Co~e-Reviewing Body, hereby instructs all designated employees required to file s=atements of Economic Interests pursuan~ to said Conflict of interest Codes and to file said statemen=s with the City Clerk of the Ci=v of Tustin. - PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tusti~, California, held on the 18th day of May, 1981. ATTEST: MAYOR // LSL: se: D: 4/24/8! 10 11 12 13 15 16 17 18 19 20 21 ~5 26 28 RESOLUTION NO. 83- 30 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. 81-61 was adopted; and WHEREAS, 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 this 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 compli'ance 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: M~YOR 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 ) MARX E. WYNN, City Clezk 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 NOES ABSENT COUNCILPERSONS: Hoesterey, Kennedy, Edgar, Greinke, Saltarelli ~ COUNCILPERSONS: None COUNCILPERSONS: None City. of Tustin, Cal~l. fornia-.~ --i · CONFLICT OF INTEREST CODES OF THE DEPARTMENTS OF T~{E 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. Nothing contained herein .is intended to modify or abridge the provisions of the'Political Reform Act of 1974 (Government Code Section 81Q00 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 art'icle, section, subsection, paragraph, subparagraph, sentence, clause or phrase of this Code is fo~-'~any reason held to be invalid, unconstitutional or unenforceable, such decision shall not affect the validity of the remaining portions of this Co,~e. The City declares that . it would have adOpted this Code and each article, section, s~:bsection, paragraph, subpar~g£aph, sentence, clause and phrase · ~n_reof 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 Entity: "Business entity" means any organization or enterprise operated for profit, including but not limited to a .proprietorship, partnership, firm, business trust, joint venture, syndi-cat'e, 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 "co.%sultant" shall not include a position in which the person pr,3viding such information, advice, recommendation or counsel: (1) conducts research and arrives at conclusions %,.irk respect to his or her rendition of information, advice, reco~...nendation o~ counsel independent of the control and '°' direction of the City or of a,~y City official, other than normal con~ract moD.~ toting; and · (2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation or counsel. -2- (c) (d) City: "City" means the City of Tustin. C_ity Clerk: "City Clerk" means the City Clerk of the Cfty 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 interests required by Section ,, 2.1 to be file~ by designated err~ployees. (i) Reportable Interests: "Reportable. interests" means investments, interes%s in real ~,'coperty and income required to be disclosed by designated emplo:£ees. "Reportable interests" as ig "~: ..... ~,~o means those categories of %-.0 any particular des n~_:~ such interests assigned, by Appendix "A" attached hereto, to the :3esignated position held by such employee. (j) Family: "Fan]ilv" mea:'..:~ the spouse and dependent -- ch{_ldren of the de:;ig~..=-t'~d~ employee. (k) Except as otherwise indicated, the definitions contained in the Political Reform Act of 1974 (Gove-~-nment Code Section 81000, et sec]. ) and re,3"!ations adopted pursuant thereto are incorporated into this Conflict of Interest Code. ARTICLE II DISCLOSURE Sect ion 2.1 '~(a) Disclosure Statements. Each designated employee shall file an initial statement and annual statements disclosing those reportable int_er~ests in the category~ ~or ca_~tegories 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 specified in Section 2.2 and at the times specified in Section 2.3 through Section 7_.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 position shall~"-fi!e 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. The Code Reviewin~ Body · shall instruct all designated"employees recruited to file stateme,nts of economic interests pursuant to this Con--'lict of Interest Code to file in acco[-dance wit;] one of the ~ollowing procedure.'-;: (a) All designated employees shall file statements of economic interests with the City Clerk. Upon receipt of the stateme:]ts of economic interests of the head of the City and :nembers of boards or co:.~.~issions not under a department of 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 ?_orwarded by the City Clerk to the Code Reviewil~g 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 designated employees shall file statements of economic interests with the.~~..~e Reviewing Body o . (See Government Code Sec'tion 81010 and. 2 Cal. Adm. Code S~ction 18115 for the duties of filing officers and persons in agencies ~-:ho make and retain co~".es of statements and forward the originals to the filing officer. ~ Section 2.3 Time of Filing Initial Statement. (a) All perso,.s assumin? designate.4 positions after the effective date of this Code' sh~il file sti=tements %;ithin thi~°ty (30) days after assuming the ~esi.gnated :positions, or, if su~)ject to State Senate confir.::ation, thirty (30) days a~ter ~.-_ing appoin~e~].or nomi:~ate~. (b) nection 2.3-shall not be applicable to any designated em,)loyee required to file und~_r the provisions of Gov--rnment Co~]e Sections 87200, et seq., but such designated employee shall co~]fol:m t.D t}~e disc!os're and ~iling provisions of Governmen .... o.'~_ S ctions 87~00, et se(] 5 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 o.. Government Code Section 87200, et seq., but such designated employees shall conform to the disclosure an~ 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 6r position shall file a disclosure statement 'within ~thirty (30) days of the effective date of leaving the office or position. Section 2.5 shall not be applicable to any designated employee required to file under the provisions of Government Code Section 87200, et seq., but such designated employees shall .conform to the dis- closure and filing provisions of Government Code Sections 87200, et seq. Section 2.6 Categories of Reportable Interests. Reportable interests are d~vided into the following categories: (a) Category 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: -6- (i) within the boundaries of the City, or (ii) within two (2) miles of the b:aundaries of the City, or (iii) 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 va-lue'of the interest owned directly, indirectly, or beneficially by the designated employee or his or her family is greater than One Thousand Dollars ($1,000.00); and (3) the interest is either: (i)' a leasehold which does not expire within ten (10) y.~ars, fro,, the first day of the period covered by the statement, or a beneficial or ownecship interest held by the designated employee or his or her family; or' (ii) an option '..]eld by the designated employee or his or her family to acquire such an inte~-est; o£ (iii) an interest or option held by a business entity or trust in which the designate~ e.-.nployee or his oc her family owns directly, indirectly or beneficially, a · '' ten percent (10%) iaterest or greater; :provided, however, that in the event that the ownership interest of the designated employee or his or her family (4) required to be reported. (b) Category II: Investment. entities ar= reportable 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 designat, ed 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 pcoperty [nteres~ or option held by the busines~ entity or trust; and the principal residence of the filer is not Investments in business the busi.ness ~ntity, including parent corporations, subsidiary corporations or otherwise related business entities, has an interest in real property located in part or in whole :.~ithin the boundar:~es (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) has done business within the City at .any time d.uring the two (2) years prior to the time that the disclosure statement of the ~ uesignated employee is filed; and (2) the fair market value of the investment of the designated employee or his or her family is greater than One Thousa,]d Dollars ($!,000.00); and · (3) the investment either: (i) (ii) is owned directly, indirectly or .. be "' .. De~lcially by the designated employee or his or her family and constitutes a financial interest ia, or security' issued by, the business entity, including but not limite-~ to common stock, preferred stock, ,.j-; 3.'-~t~., w~,_-rants, options, debt i,]struments and any part{3ership or other ownek-shi3 interest; or is held by any business entity or trust · in which the d=>i.~.uated=- em~lo3_e, ,-~ or his =-- ' . indirectly, ok- her ~.=:.-..~ly o:~n~, directly, or bene--ic~al!y, a ten percent (10%) i .n te re :-: ._ o,: greate[, and con~titute~ a (c) Category III: Sources of Income. are reportable if- -lO- 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 ..... 0~*' tr-u~'~ is-Ie-ss than fifty perc'ent~ (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 :'~he ownership · inters.t of the designated employee or .. his or her family in such business entity or trust is fifty percent (50%) or more, the valse, for the purpose of Paragraph (2), of the investment relates to the entire value of the investment held by the business entity or tr~st. 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 ., policy, or a ~ond or other debt instrufnent i,ssued by any government or government agency. Sources of income (1) (2) the source of income was either: (i) a business entity located or ~oing business as described in subsection (b)(1) , or an individual residing within the City, or a non-profit· association or corporation having its principal place of business within the City; and · either: (i) the aggregate amount of income received .by the designated employee or his or her family from the source during the period covered by the disclosure statement was Two Hundred Fifty Dollars ($250.00) or more in value, or if the income were a gift received by the . designate~ employee or his or her family from the source during the peP{od covered by the 5isclosure s~tatment, tke value of the gi~ =t was Twenty Five Dollars ($25.00) or mot=_; and -. ~:e {nco:ne :*'az elther received~"v- - (i) .the designated employee or his or her fami 1',:, or recei',,--_,:! by_ a:]y business entit,.:_ or- trust in v:hich the designated em?lo?ce or his or lieu -~ai:.ilv owns, directly, indirectly, -11- (ii) (iii) (ii) or beneficially, a ten percent (10%) interest or greater, provided, however, · t ~in the event that the income is receive~ by a business entity described in this Parag£aph (ii), the value, for the purpose of Paragraph (2), of the . · income relates to the prorata share of the designated employee or his or her family in the income of the business entity or trust. INCOME INCLUDES, except tQ the extent excluded by this subsection, income of any nature from any source, including but not limited to any salary, %;age, advance, payment, dividend, interest, rent, capital gain, return of capital, gift (including any gi~ ~t of food or b~verage), 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 ~egar~ 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 contribution~ require.~ to be reported under Chapter 4 (commencing with Section 84 100) of Title 9 of the Government Code; -12- (2) salary and reimbursement for expenses or per diem received fL-om a state or local government ageucy and reimbursement for travel expenses and per diem received ~rom a bona fide e.-.]ucational, academic ou 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 (39) days after receipt, are returned to the donOr or delivered to a charitable organization wit.~out 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, bro~her-in-law, sister-in-law, aUnt, uncle, or first cousin or the spogse of any such perso,%; provided, that a gift from' any such person shall be considered income if the donor is acting as an agent or inter.~.e%~iary for any person not covered by this Paragraph (6) any devise or inheritance; (7) interest, ~ividends or premiums on a time or de,hand deuosit in a financial institution, shares i~% a credit union or any insurance policy, · payments received under any insurance policy, or any bond or other debt instrument issued by any government -13- (8) dividends, interst or any other return on a security which is registered with the Securities and Exchange Comfnissi0n of the United States Gove rnmen t; (9) (10) .... redemption of a mutual fund; alimony or child support payments; a~y' 1°an or-'i°a~{~ '~rom m-~-'comm'e~Cial lending 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) used to purchase the principal residence of the filer; or (B) the balance owed' does not exceed , Ten Tt]oUsand Dollars ($10,000.00); (12) any indebtedness created as part of a retail installment or credit card .transaction if made in the lender's regular course of bUsiness on terms available to members of the public without regard' to official status, so long as the balance owned to the creditors does not exceed Ten Thousand · Dollars ($10,000.00); (13) other than a gift, income received from any s~urce t~t.~ide the jurisdiction of_ the City and not doing bu.:siness within the jurisdiction of the ~ity, ~ not ?lan[~ing to do bus'ness ~ithin the jurisdiction, of the City, or not havi~]g done business within the -14- jurisdiction of the City du~i.~g the two (2) years prior to the time any statement or other action is required by this Code; (14) income fr~m 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 (d) employee, the income was received in the normal course of the previous emplo)~ent, 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 em.oloyer. (15) payments received unde~- a defined benefit pension plan qualified under Internal Revenue Code Section 401(a). Category IV: ' Supply Sources, Category IV includes investments included in. Category II in busines, s entities describe-cl. ~:-~rei~~:,_ .., and income ~c~uded_. in Category III from business entities ~escribed therein, if such business entities manufacture or sell supplies, m---chinery or'equipment of the type utilized by the City. (e) Category V: Contractcrs. Category V includes investaents included in Categor[.~- II in business entities described therein, and..income included in Category III from !;u~.iness entities described thel--~in; if such business entities are contt:act.-~.~'~ or sobcontt-acto'J~ en~age~ in the :)erforma~.ce of wo~:,- or 'se¥:vi:-?~= ........ of the type uti~ ized !)v the City (=) Category ~I: Financial Institutions. Category VI includes investments included in Category II in business entities de:~cribed therein, and income included in Category III from i.~usiness entities therein, if such business entities constitute bank~, savings and loan associations, insurance companies, investr, ent companies, title companies, financial consultants or ~ da+~a 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 _~ion: infor:?.= ~ The a'ddress or other precise location of the real property; (b) A statement of .the nature of the interest in the real :_~roper ty; " .,c) A =tatement of %;hether the fair market value of the intererst exceeds one Thousand Dollar~ ($1,00.0.00) but does not exc-~ed Ten T'.':ocsand Dollars ($10,000.00), whether it exceeds Ten Thousand Dollars ($10,000.00) but does not exceed One Hun~-._-eJ Thousand Dollars ($100,000.00), o~ whether it exceeds ~ne Hundred T}~ousand D,311ars ($100,000.00); ¢~% ~n ~.~= case of an interest in real property wholly or psrtia!ly acqaired d'aring the period covered by an annual dis-!qsure statement, the date of acquisition and, if such . intere=t in such prope~-ty was disposed of during such period, nhe da.~e of disposition; and ~e) For purposes of disclosure under this Section, "interest in real property" does not include the principal -16- re.~i~ence of the filer. Section 2.8 Content of Disclosure Statements; Category II and Related Catego~-ies. 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 activity in which the business entity is engaged; (c) A stateme,nt of the nature of t'he investment; (~) A statement ~of whether- the fair market value of the investment exceeds One Thousand Dollars ($1,000.0'9) but does not exceed Ten Thousand Dollars ($10,000.00), whether it exceeds 'T~n ~kousand Dollars ($10,000~00) but does not exceed One H-'halted T'nousagd Dollars ('$100,000.00), or whether it exceeds .Qne Hundred Thousan-~ Dollars ($100,000.00); · (e) In .~}~-= case of an investment which constitutes fifty percent (50%) or more of the ownership interest in a business entity, disc!csure of the investments and ~nterests in real ~:-operty of the business entity; .~) In tke case of inves._m~nts wholly or partially t ~ acq,~'~-ed dur~:%c~ he per[o.-] cove~--o.~ by an annual disclosure ?.~_ate.-.:en~-, the date of acqu[.~ition and, if ~uch interest in :-.'~..ch prope,Jty ~.-~a$ diuposed of during such period, the date of ~ .~:~..ositio~%; an~ (g)° Fo,.~ purposes o~ d[.sc!osure undeu this Section "~_nt.~!rest in real D~-operty" do~.~ aot 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 following' ir~formation: ~ ~w-~ (a) The name and address of each source of income aggregating Two Hundred Fifty Dollars ($250.00) or more in value, or Twenty Five Dollars ($25.00) or more in value if the income was a'-~if~; (b) A general de. scription of the business activity, if any, of each source; (c) A statement whether the aggregate value of income from each scurce, or in tke case of a loan, the highest amount owed to each source, was at least Two, Hundred.Fifty Dollars ($250.00) but did not exceed One Thousand Dollars ($!,000.00), wh~ther it was ~n excess of One Thousand Dollars ($1,000.00) . but was not greater than Ten Thousand Dollars ($10,000.00), or whether i~ ~'as greater thaa Ten Thousand Dollars ($10,000.00); (d) A description of the consideration, if any, for which the inco~..e was received; (.=_) In the case of income constituting a gift, the amount and the date on which the gift was received; (f) In the case of a loan, the annual interest rate and the secourity, if any, given for the loan; (g) In the case of income of a business entity, in which t~e designated employee or his or her family owns a ten percent .'10%) interest or more; (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 rec=ipts 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 disclosu~-e statement being filed. (h) ~-~anagement Position ,~.~isclosure. When management positions are required to be'~reported, a designated' employee = each business entity 'in shall list the name and address o= which he or she is a directoL-, officer, partner, trustee, employee, or in which he or she holds any pos'ition of management, a description of .the business activity in which the business entity is engaged, and the designated employee's position with t::'.e business entity. (i) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, i-- a,~ :n,.,e:~t..',nent or interest in real property ~.:as partially or wI]olly ac..~uired or disoosed of. during the perio~ covered by the F,-~ate;ne..nt, t'.':e stat=.n_nt shall ontain the da~e of a--quisition c-- d isposa 1. Section 2.10 Form of Disclosure Statements. Disclosure state~nents r-=quired to be filed hereunder for any category of repo~_-~able interests shall be on the forms prescribed by the Fair Political ?rac~ices Commission, which shall be as shown on Schedules "A-H" inclusive, of Form 730 attached hereto as APpendix '"B". ARTICLE III DI SQUAL'£ F I CATION Section 3 1 General Rule. Designated employees have a conflict of interest and shall disqualify themselves from making or o=~ti¢ioating in the making of any governmental decision when it is reasonably foreseeable that the decision will have a ~nater~al financial effect, distinguishable from its effect on the oab!ic generally, on a financial interest of the designated .. employee. A ~esignated .~empl°yee shall not be required to dis.qualify himself with respect to an.y matter which could not be le~ally acted upon or decided without his participation. 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 particip=~tion legally required for purposes of this Section. Sect in 3.2 Making Governmental DeCision; Actions Included. A designated employee .makes a governmental decision within the ~,eanin~ of thi~ Article, when he or she, acting within the authority of his or her position: (b) (c) Vote.~ on a matter; Appoints a person; Obligates or co,mnits the City to any course of action; Enter.~ into any contractual agreement on behalf of -20- %he City; or (e) Determ. ines not to act, within the meaning of ~ubsection (a) through subsectio~ (d), unless such determination i~ ma~e because o-' his or her financial interest. When the deter,.~ination 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 ~he 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 t~-e ~eaning of this Attire, when he or she, . ~cting within the authority of his or ~her position: (a) Negotiates without' significant substantive review, %~ith a governmental entity or private person regarding the decision; or (b) Advises or makes secommendations to the decision- a.~~ ~ - ~ _ ~ ~ - _ a u__ ~ither di~=-tlv or w~ thout significant intervening (!) Conducting research or investigations which ~-e~:uire the exercise of judgment on the part of the' designated .-ap!oye,'~_ anc] the :~ur:)ose_ of whi,-h_ is to _~]~l.~e..~, the decision; (2) Preparing o~- presenting any t-epout, analysis cs opinion, orally or- in writing, which requires the exercise cf j~u~]gme~]t on t]%e :pa'-t of a designated employee, an~ 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 use~ 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 Material Effect on Financial Interest. A designated employee has a financiaI interest in a decision if it is reasonably foreseeable that the decision %;ill be signifi- cant within the meaning of the general standards set forth in Section 3.1 above. Considerations shall be given to the follow- ing factors: (a) Whether, in the case of a business entity in which the public official holds a direct or indirect investment of One Thousand Dollars ($1,000.00) or more or in the case of a business entity in which the .~_'biic official is a director, officer, partne.~, emp!¢?ee, trustee or holds any position of ~ the docision will be to increase or ~-' effect ~o.~ management, ¢]ecreaGe: of: (1~ The annualized gross revenues by the lesser (i) One Hundred Thousand Dollars ($100',000.00) or more; or (ii) One percent (1%) if it is One Thousand Dollars ($1,000.00) or more; or (2) Annual net income by the lesser of: (i) (ii) Fifty Thousand Dollars ($50,000.00.); or One-half (1/2) of one percent (1%) if it is One Thousand Dollars ($1,000.00) or niore; or (3) Current assets or liabilities by the lesser of: (i) __ One Hundred Thousand Dollars ($100,000.00); (ii) or one-half (1/2) of one percent (1%) if it · is One Thousand Dollars ('$1'~000.00) or more. -- · Curent assets are deemed to be decr'_easeO by the a?.ount of any e×,oenses incurred as a result o'f a governmental decision. (b) -"~' ° - ~-,.~_the ~ in the cas~ of a direck oc indi~°ct inter°st in real' property "~ One ,~.ho'..;~.=,n:~ :~,ollars ($1,000.00) or more ke!d by a public official, the effect of the decision will be %D,~ncuea-==~ or decrease- (i) the lesser of: Thc' income-producing potential of the property One _...ocsand Doi!ars ($1,000 00) oer month; or <ii) Five "euceat (5%) ,per. mop, th if it is -23- Fifty Dollars ($50.00) or more per month; lesser of: (2) or The fair market value of the property by the (i) (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 ($250.00) or more received by or promised to a public official within twelve (12) months prior to the time the dec-: sion is made: (!) 'The effect of the decision will be to directly increa=e or decrease the amount of income (other than rents) to be received ~by the official by 'one HUndred Dollars (Si00.00) or more; or (2) There is a nexus betweea the governmental decision and tke p:arpose for which the official receives income; or (3) In the case of a source of income which is a business ent%.ty, the business entity will be affected in a manner descL-ibed 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-arposes of. this Section, indirect investment or interest means any inve-~tment or interest owned by the spouse or deoendent c'~ild of a public official, by an agent on behalf of a oublic official, or by a business entity or trL~st in which -24- the official, t~e official's agents, spouse, and dependent children own directly, indirectly or beneficially a ten percent (10%) interest ~.'-.- ~reater. · (e) NOtw:~'~standing any other provision contained in this seCtion' 3.5, tke making ·or participation in the making of a governmental decision by a contract consultant or by a person retained to provide information, advice, recommendation or counsel has no r. aterial financial effect on a business entity or source of inco.-..e in which such consultant or Person retained is an officer, e.-..._~loyee, sole proprietor or partner-, if the · . only financial effects of the decision are the modification, peupetoation or renewal of the contractual or retainer agreement and/or the opportunity to bid competitively on a project or contract. Section 3.6 ~':otice of Action Taken. ( a ) Man~ .... ,, - -_.~.~ Posting of Notice of Action Taken If a d=si~_nated emp!:'.'e5 disqualifies himself o~- herself from the m.~king of a decision, or participating in a decision, upon a · ~art~cular subject, and if the City subsequently commits itself ' to a definite cD"rse of action with regard to said subject, then the C~ty Cier; shall post a ~otice of Action Taken as soon as is :~ra'c'ti"--'-' _ - ..... ._.e following such commitment Said Notice shall be substantia!!" in the form set ~orth in Appendix "C", and shall be cons.~icuc'nsly posted on or near the door of the regular ~r~cetin~ :.)lace e-' %~-e governing body of the City. (b) Di?_c~e-].ona~y Posting of Notice of Action. In the event that t?.e -:~~-/ commits itself to a definite coup-se 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 described in subsection (a) at the time and place set forth in said subsection. (c) Request for Reconsideration: Time of Filinq; 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 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 commitment and .all decisions made ~ith regard thereto shall be final' and conclusive. (d) Reconsideration Upon Filing of Request Therefor. In the even~ that a request is file,~ with the City Clerk pursuant , to subsection (c) hereof, the City Clerk shall direct said request to the City governing body, officer o~ 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 4.1 Legal Opinions. Any designated employee who is uncertain of any obligation a~ising under the puovisions of this Code .~- the Political Reform Act of 1974 (Government Code Sections 81000 et seq. ), may request a formal opinion or letter of advice from tke Fair Political Practices Commission pursuant to Government Code Section 83114, or from the City Attorney of th~_ City. Notkin~ in this Section] requires the City Attorney ~ -26- %o issue such an 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 amployee from administrative, ci';il 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 opini__on is issued in writing by the City Attorney of the City, stating in full · ~he facts and the law upon wkick the opinion is based, compli- ance by the designated employee with such.opinion may be evidence cf good-faith in any civil or criminal proceeding brought .. ~.','rsuant to the Orovisions of the Political Reform Act of 1974 cr this Code. The designated er.c!oyee's good faith compliance with the written opinion of. the City Attorney of the City shai]_ also ac*~ as a complete c~-'·_~__ase~--'- to any disciplinary action z-hat the City may bring uncle,_- .?.ection- 91003.5 of the Political :--..e~orm Act o~° tkis Code. Section a 3 -Statute o~ Limitations. No judicial proceedings based upon disquali;ication provisions of this Code $~.~1!-~= be brought pursuant to Gov~rnmea'-~ Code Section 91003(b) tD restrain the execution o~- %o set aside official action of. '._'~e City u.~].e:-.-;:_; co,men,ed a:~-~-i.- {$0) da:_.'$ following official artion or decision. - ¢ :~ .se- D:2!25/,3~ k3L-se-R:3/2/13t 2.:, L,-se- R- 3/3G/~3!