HomeMy WebLinkAboutCC RES 81-0618
lO
20
28
30
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 of 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 should be approved.
2. The City Council hereby approves the Conflict of
Interest Codes 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 Codes, the City
Council of the City of Tustin, as the Code-Reviewing Body,
hereby instructs all designated employees required to file
statements 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 AND ADOPTED at a regular meeting of the City Council
o.f the City of Tustin, California, held on the 18th day of May,
1981.
ATTEST:
MAYOR
LSL: se: D: 4/24/81
CONFLICT OF INTEREST CODES OF THE
DEPARTMENTS OF THE
CITY OF TUSTIN APPLICABLE TO
DESIGNATED EMPLOYEES THEREOF
ARTICLE I
S~.ection 1.1 . ..Purp. ose~. 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 81000 et seq.). The provisions of this Code are in
addition to Government Code Section 87100 .et se_~q, and other
laws pertaining to conflicts of interest. Except as otherwise
indicated, the definitions of said Act are regulations adopted
pursuant thereto and incorporated herein and this Code shall ·
be interpreted in a manner consistent therewith.
Section 1.2 Severability.: 'If any article, section,
subsection, paragraph, subparagraph, sentence, clause or phrase
of this Code is for any reason held to be invalid, unconstitutional
or unenforceable, such decision shall not affect the validity
of the remaining portions of this Code. The City declares that
it would have adopted this Code and each article, section,
subsection, paragraph, subparagraph, sentence, clause and phrase
thereof irrespective of the fact any one or more of such portions
of this Code be declared invalid, unconstitutional and
unenforceable.
-1-
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) Busine..s~s Entity: "Business entity" means any
organization or enterprise operated for profit, including but
not limited to a proprietorship, partnership, firm, business
trust, join't venture, syndicate, corporation or association.
(b) ' Consultant: "Consultant" means a position established .......
by contract with the City pursuant to which contract information,
advice, recommendation or counsel is provided to the City;
provided, however, that "consultant" shall not include a position
in which the person providing such information, advice,
recommendation or counsel:
(1) conducts research and arrives at conclusions
with respect to his or her rendition of information, advice,
recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal
contract monitoring; and
(2) possesses no authority with respect to any
City decision beyond the rendition of information, advice,
recommendation or counsel.
-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 Positi,,on:' "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 stat'~m~-~s'' mean
statements disclosing reportable interests required by Section
2.1 to be filed by designated employees.
(i) Reportable, Interests: "Reportable interests" means
investments, interests in real property and income required to
be disclosed by designated employees. "Reportable interests" as
to any particular designated employee means those categories of
such interests assigned, by Appendix "A" attached hereto, to the
designated position held by such employee.
(j) Family: "Family" means the spouse and dependent
children of the designated employee.
(k) Except as otherwise indicated~ the definitions
contained in the Political Reform Act of 1974 (Government Code
Section 81000, et seq.) and regulations adopted pursuant thereto
are incorporated into this Conflict of Interest Code.
ARTICLE II
DISCLOSURE
Section 2.1
(a) Disclosure. Statemen~ts.. Each designated employee
shall file an initial statement and annual statements disclosing
those reportable interests in the. category or categories of
reportable interests, more particularly described in Section
2.5, which are assigned by 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 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 position shall file only one (1) disclosure statement,
indicating on that disclosure statement all of the designated
positions held by such employee.
Section 2.2 Place of Filing. The Code Reviewing Body
shall instruct all designated employees required to file
statements of economic interests pursuant to this Conflict of
Interest Code to file in accordance with one of the following
procedures:
(a)' Ail designated employees shall file statements of
economic interests with the City Clerk. Upon receipt of the
·
statements of economic interests of the head of the City and
members of boards or commissions 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) Ail 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) Ail designated employees shall file statements of
economic interests with the Code Reviewing Body.
(See Government Code Section 81010 and 2 Cal. Adm. Code
Section 18115 for the duties of filing officers and persons
agencies who make and retain copies of statements and forward
the originals to the filing officer.)
Section 2.3 ..Time .of Fi!in~ Initial Statemen.t.
(a) Ail persons assuming designated positions after the
effective date of this Code shall file statements within thirty
(30) days after assuming the designated positions, or, if
subject to State Senate confirmation, thirty (30) days after
being appointed or nominated.
(b) Section 2.3 shall not be applicable to any designated
employee required to file under the provisions of Government
Code Sections 87200, et seq., but such designated employee
shall conform to the disclosure and filing provisions of
Government Code Sections 87200, et seq.
S.ection 2.4 Time of-Fi.ling Annual Statements. An annual -
disclosure statement shall be filed by April 1st of each year
by each designated employee whether or not such reportable
interest was disposed of during such calendar year and whether
or not the designated employee filed an initial statement
pursuant to Section 2.3. Annual statements shall cover the
period of January 1 through December 31 of the calendar year
preceding the statement. Section 2.4 shall not be applicable
to any designated employee required to file under the provisions
of Government Code Section 87200, et seq., but such designated
employees shall conform to the disclosure and filing provisions
.
of Government Code Sections 87200, et seq.
Section 2.5 Time of..F..il_ing of Leavi.n..~ Office. Statements.
Any designated employee who leaves his office or position shall
file a disclosure statement within' thirty (30) days of the
·
effective date of leaving the office or position. Section 2.5
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 C.ate~ories of.Reportabl.e ..Interests. Reportable
interests are divided 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 boundaries
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 value 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) years from the first day of the
period covered by the statement, or a
beneficial or ownership interest held
by the designated employee or his or
her family; or
(ii) an option held by the designated employee
or his or her family to acquire such an
interest; or
(iii) an interest or option held by a business
entity or trust in which the designated
employee or his or her family owns
directly, indirectly or beneficially, a
ten percent (10%) interest or greater;
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
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
property interest or option held by the
business entity or trust; and
(4) the principal residence of the filer is not
required to be reported.
(b) Category II: Investment. Investments in business
entities are reportable if:
(1) the business 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
-8-
of the City, within two (2) miles thereof
or within two (2) miles of land owned or
used by the City, or
(ii) does business or plans to do business
within the City, or
(iii) has done business within the City at any
time during the two (2) years prior to
the time that the disclosure statement
of the designated employee is filed; and
(2) the fair market value of the investment of the
designated employee or his or her family is greater than One
Thousand Dollars ($1,000.00); and
(3) the investment either:
(i) is owned directly, indirectly or
beneficially by the designated employee
or his or her family and constitutes a
financial interest in, or security issued
by, the business entity, including but
not limited to common stock, preferred
stock, rights, warrants, options, debt
instruments and any partnership or other
ownership interest; or
(ii) is held by any business entity or trust
in which the designated employee or his
or her family owns, directly, indirectly,
or beneficially, a ten percent (10%)
interest or greater, and constitutes a
-9-
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 value, 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 financial
institution, a share in a credit union, an insurance
policy, or a bond or other debt instrument issued by
any government or government agency.
(c) Category III: Sources of Income. Sources of income
are reportable .if:
-10-
(1) the source of income was either:
(i) a business entity located or doing
business as described in subsection
(b) (1), or
(ii) an individual residing within the City,
or
(iii) a non-profit association or corporation
having its principal place of business
within the City; and
( 2 ) 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 s~-~ement was
Two Hundred Fifty Dollars ($250.00) or
more in value, or
(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 statment, the value of
the gift was Twenty Five Dollars ($25.00)
or more; and
(3) the income was either received by:
(i) the designated employee or his or her
family, or
(ii) received by any business entity or trust
in which the designated employee or his
or her family owns, directly, indirectly
or beneficially, a ten percent (10%)
interest or greater, provided, however,
that in the event'that the income is
received by a business entity described
·
in this Paragraph (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 to the extent excluded by
this subsection, income of any nature from any
source, including but not limited to any salary,
wage, advance, payment, dividend, interest, rent,
capital gain, return of capital, gift (including any
gift of food or beverage), loan, forgiveness or
payment of indebtedness, discount in the price of
anything of value unless the discount is available to
members of the public without regard to official
status, rebate, reimbursement of expenses, per diem,
or contribution to an insurance or pension program
paid by any person other than an employer.
INCOME DOES NOT INCLUDE:
(1) campaign contributions required to be
reported under Chapter 4 (commencing with Section
84100) of Title 9 of the Government Code;
-12-
(2) salary and reimbursement for expenses or
per diem received from a state or local government
agency and reimbursement for travel expenses and per
diem received from a bona fide educational, academic
or charitable organization;
(3) gifts of informational material, such as
books, pamphlets, reports, calendars or periodicals;
(4) gifts which are not used and which,
within thirty (30) days after receipt, are returned
to the donor or delivered to a charitable organization
without being claimed as a charitable contribution
for tax purposes;
(5) gifts from an individual's spouse, child,
parent, grandparent, grandchild, brother, sister,
·
parent-in-law, brother-in-law, sister-in-law, aunt,
uncle, or first cousin or the spouse of any such
person; provided, that a gift from any such person
shall be considered income if the donor is acting as
an agent or intermediary for any person not covered
by this Paragraph (5);
(6) any devise or inheritance;
(7) interest, dividends or premiums on a
time or demand deposit in a financial institution,
shares in a credit union or any insurance policy,
payments received under any insurance policy, or any
bond or other debt instrument issued by any government
or government agency; and
-13-
(8) dividends, interst or any other return -
on a security which is registered wi th the Securities
and Exchange Commission of the United States
Government;
(9) redemption of a mutual fund;
(10) alimony or chi Id support payments;
(11) any loan or loans from a commercial
lending institution which are made in the lender's
regular course of business on terms available to
members of the public without regard to official
status if:
(A) used to purchase the principal
residence of the filer; or
(B) the balance owed does not exceed
Ten'Thousand 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 source outside the jurisdiction of the City and
not doing business within the jurisdiction of the
City, not planning to do business within the jurisdiction,
of the City, or not having done business within the
-14-
jurisdiction of the City during the two (2) years
prior to the time any statement or other action is
required by this Code;
,
(14) income from a source which is a former
employer if: all income from the employer was
received by or accrued to the designated employee
prior to the time he or she became a designated
employee, the income was received in the normal
·
course of the previous employment, and there was no
expectation by the designated employee at the time
he or she-assumed the designated position of renewed
employment with the former employer.
(15) payments received under a defined benefit
pension plan qualified ~nder Internal Revenue Code
Section 401(a).
(d) Category IV: Supply Sources. Category IV includes
investments included in Category II in business entities
described therein, and income included in Category III from
business entities described therein, if such business entities
manufacture or sell supplies, machinery or equipment of the
type utilized by the City.
(e) Category V: . Contractors. Category V includes
investments included in Category II in business entities
described therein, and income included in Category III from
business entities described therein; if such business entities
are contractors or subcontractors engaged in the performance of
work or services of the type utilized by the City.
(f) Category VI: Financial Institutions. Category VI
includes
investments included in Category II in business entities
described therein, and income included in Category III from
business entities therein, if such business entities constitute
banks, savings and loan associations, insurance companies,
investment companies, title companies, financial consultants or
data processing firms.
Section 2.7
Content of Disclosure Statements; Categ0rY_.I.
,, ,
Disclosure statements required to be filed for reportable
interests specified in Category I shall contain the following
information:
(a)
The address or other precise location of the real
property;
(b) A statement of the nature of ~he interest in the
real property;
(c)
A statement of whether the fair.market value of the
intererst exceeds one Thousand Dollars ($1,000.00) but does
not exceed Ten Thousand Dollars ($10,000.00), whether it exceeds
Ten Thousand Dollars ($10,000.00) but does not exceed One
Hundred Thousand Dollars ($100,000.00), or whether it exceeds
One Hundred Thousand Dollars ($100,000.00);
(d) In the case of an interest in real property wholl'y
or partially acquired during the period covered by an annual
disclosure statement, the date of acquisition and, if. such
interest in such property was. disposed of during such period,
the date of disposition; and
(e)
For purposes of disclosure under this Section,
"interest in real property" does not include the principal
-16-
residence of the filer.
Section 2.8 Content of Dis.closure Statements; ..Category
II and. Related Categories. Disclosure statements required to
be filed for reportable interests specified in Category II and
investments specified in Categories IV, V and VI shall contain
the following information:
(a) The name and address of the business entity in which
each investment is held;
(b) A general description of the business activity in
which the business entity is engaged;
(c) A statement of the nature of the investment;
(d) A statement of whether the fair market value of the
investment exceeds One Thousand Dollars ($1,000.00) but does
not exceed Ten Thousand Dollars ($10,000.00), whether it exceeds
Ten Thousand Dollars ($10,000.00) but does not exceed One.
Hundred Thousand Dollars ($100,000.00), or whether it exceeds
One Hundred Thousand Dollars ($100,000.00);
(e) In the case of an investment which constitutes fifty
percent (50%) or more of the ownership interest in a business
entity, disclosure of the investments and interests in real
property of the business entity;
(f) In the case of investments wholly or partially
acquired during the period covered by an annual disclosure
statement, the date of acquisition and, if such interest in
such property was disposed of during such period, the date of
disposition; and
(g) For purposes of disclosure under this Section
"interest in real property" does not include the principal
-17-
residence of the filer.
Section 2.9 Content of .Disclosure Stateme.nt; 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 information:
(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 gift; -
(b) A general description of the business activity, if
any, of each source;
(c) A statement whether the aggregate value of income
from each source, or in the 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 ($1,000.00),
.
whether it was in excess of One Thousand Dollars ($1,000.00)
but was not greater than Ten Thousand Dollars ($10,000.00),
or whether it was greater than Ten Thousand Dollars ($10,000.00);
(d) A description of the consideration, if any, for
which the income was received;
(e) In the case of income constituting a gift, the amount
and the date on which the gift was received;
(f) In the case of a loan, the annual interest rate and
the security, if any, given for the loan;
-18-
(g) In the case of income of a business entity, in which
the designated employee or his or her family owns a ten percent
(10%) interest or more;
(1) name and 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 rece-ived 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 disclosure statement being filed.
(h) Mana~emen.t Pos ition Di.s¢losur. e. Whe_n .__.management
_ .
positions are required to be reported, a designated employee
shall list the name and address of each business entity in
which he or she is a director, officer, partner, trustee,
employee, or in which he or she holds any position of management,
a description of the business activity in which the business
entity is engaged, and the designated employee's position with
the business entity.
(i) Acquisi.tion or Disposal During.. Reporting Period. In
the case of an annual or leaving office statement, if an
investment or interest in real property was partially or wholly
acquired or disposed of during the period covered by the
statement, the statement shall contain the date of acquisition
or disposal.
-19-
Section 2.10 Form of Disclosure Statements. Disclosure
statements required to be filed hereunder for any category of
reportable 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".
ARTICLE III
D I SQUALI F I CAT I ON
Section 3.1 General Rule. Designated employees have a
· ,
conflict of interest and shall disqualify themselves from making
or participating in the making of any governmental decision
when it is reasonably foreseeable that the decision will have a
material financial effect, distinguishable from its effect on
the public generally, on a financial interest of the designated
employee. A designated employee shall not be required to
disqualify himself With respect to any matter which could not
be legally acted upon or decided without his participation.
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 Includ.ed.
A designated employee makes a governmental decision within the
meaning of this Article, when he or she, acting within the
authority of his or her position:
(a) Votes on a matter;
(b) Appoints a person;
(c) Obligates or commits the City to any course of action;
(d) Enters into any con%ractual agreement on behalf of
the City; or
(e) Determines not to act, within the meaning of
subsection (a) through subsection (d), unless such determination
is made because of his or her financial interest.
When the determination not to act occurs because of his or
her financial interest, the designated employee's determination
must be accompanied by disclosure of the financial interest
made part of the City's official records, or made in writing to
the designated employee's supervisor or appointing power, as
appropriate.
Section 3.3 ..Parti.c.ipating .... in..Decisions; Actions Included.
A designated employee participates in the making of a governmental
decision within the meaning of this Article, when he or she,
acting within the authority of his or her position:
,
(a) Negotiates without significant substantive re'view,
with a governmental entity or private person regarding the
decision; or
(b) Advises or makes recommendations to the decision-
maker, either directly or without significant intervening
substantive review by:
(1) Conducting research or investigations which
require the exercise of judgment on the part of the designated
employee and the purpose of which is to influence the decision;
or
(2) Preparing or presenting any report, analysis
or opinion, orally or in writing, which requires the exercise
of judgment on the part of a designated employee, and the
-21-
purPose of which is to influence the decision.
Section 3.4 Makin~ or. Participating in Decisions; Ac.tions
_
Excluded. Making or participating in the making of a governmental
,,
decision as used in this Article shall not include:
(a) Actions of a designated employee which are solely
ministerial, secretarial, manual, or clerical;
(b) Appearances by a designated employee as a member of
the general public before an agency in the course of its
prescribed governmental function to represent himself or her. self
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 financial interest in a decision if
it is reasonably foreseeable that the decision will 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 public official is a director,
officer, partner, employee, trustee or holds any position of
management, the effect of the decision will be to increase or
decrease:
(1) The annualized gross revenues by the lesser
of:
-22-
(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:
(±)
Fifty Thousand Dollars ($50,000.00); or
(ii)
One-half,(1/2) of one percent (1%') if
it is One Thousand Dollars ($1,000.00)
or more; or
(3)
Current assets or liabilities by the lesser of:
(i)
One Hundred Thousand Dollars ($100,000.00);
or
(ii)
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 decreased by the
amount of any expenses incurred as a 'result of a governmental
decision.
(b)
Whether, in the case of a direct or indirect interest
in real property of One Thousand Dollars ($1,000.00) or more
held by a public official, the effect of the decision will be
to increase or decrease:
(1)
The income-producing potential of the property
by the lesser of:
(i)
One Thousand Dollars ($1,000.00) per month;
or
(ii)
Five percent (5%) per month if it is
-23-
Fifty Dollars ($50.00) or more per month;
or
(2) The fair market value of the property by the
lesser of:
(i) Ten Thousand Dollars ($10,000.00); or
(ii) 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
decision is made:
(1) The effect of the decision will be to directly
increase or decrease the amount of income (other than rents) to
be received by the official by One Hundred Dollars ($100.00) or
more; or
(2) There is a nexus between the governmental
decision and the purpose for which the official receives income;
or
(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 purposes of. this Section, indirect investment or
interest means any investment or interest owned by the spouse
or dependent child of a public official, by an agent on behalf
of a public official, or by a business entity or trust in which
-24-
the official, the official's agents, spouse, and dependent
children own directly, indirectly or beneficially a ten percent
(10%) interest or greater.
(e) Notwithstanding any other provision contained in this
Section 3.5, the 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 material financial effect on a business entity
or source of income in which such consultant or person retained
is an officer, employee, sole proprietor or partner, if the
only financial effects of the decision are the modification,
perpetuation or renewal of the contractual or retainer agreement
and/or the opportunity to bid competitively on a project or
contract.
Section 3.6 Notice of Action Taken.
(a) Mandatory Postin~ of Notice of Action Taken. If a
designated employee disqualifies himself or herself from the
making of a decision, or participating in a decision, upon a
particular subje.ct, and if the City subsequently commits itself
to a definite course of action with regard to said subject,
then the City Clerk shall post a Notice of Action Taken as soon
as is practicable following such commitment. Said Notice shall
be substantially in the form set forth in Appendix "C", and
shall be conspicuously posted on or near the door of the regular
meeting place of the governing body of the City.
(b) Discret.ionary POsting of Notice of Action. In the
event that the City commits 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 described in subsection (a) at the time and place
set forth in said subsection.
(c) Request for Reconsider.ation:. Time of Filing; Effect
of Failure to File. In the event that a Notice has been posted
pursuant to subsections (a) or (b), a written request for
reconsideration or disapproval of any City commitment on the
ground of existence of a conflict of interest of 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
with regard thereto shall be final and conclusive.
(d) Reconsideration Upon Fi.l. ing of.. Request Therefor. In
the event that a request is-filed with the City Clerk pursuant
to subsection (c) hereof, the City Clerk shall direct said
request to the City governing body, officer or employee
responsible for the City commitment in question and said body,
officer or employee shall cause said commitment to be reconsidered.
ARTICLE IV
MISCELLANEOUS
Section 4.1 Legal Opinions. Any designated employee who
is uncertain of any obligation arising under the provisions of
this Code or the Political Reform Act of 1974 (Government Code
Sections 81000 et seq.), may request a formal opinion or letter
of advice from the Fair Political Practices Commission pursuant
to Government Code Section 83114, or from the City Attorney of
the City. Nothing in this Section requires the City Attorney
-26-
to 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
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 which the opinion is based, compli-
ance by the designated employee with such opinion may be evidence
of good faith in any civil or criminal proceeding brought
pursuant to the provisions of the Politica'l Reform Act of 1974
or this Code. The designated employee's g60~ faith compliance
with the written opinion of the City Attorney of the City
shall also act as a complete defense to any disciplinary action
that the City may bring under Section 91003.5 of the Political
Reform Act or this Code.
Section 4.3 Statute of Limitations. No judicial
proceedings based upon disqualification provisions of this Code
shall be brought pursuant to Government Code Section 91003(b)
to restrain the execution or to set aside official action of
the City unless commenced ninety (90) days following official
action or decision.
LSL: se: D: 2/25/81
LSL: se: R: 3/2/81
LSL: se: R: 3/30/81
-27-
DEPARTMENT
,
APPENDIX A
DESIGNATED POSITIONS
CATEGORIES
OF DISCLOSURE
Administration
ASS~'stant City Administrator
Assistant to the City Administrator
Finance Director "
Personnel Director
Community Development
~Om~u'~ity De've~lopment Director
Assistant Direct. or of Building & Planning
Building Official
Building Inspectors
Associate Planner
Senior Planner
Plan Checker
Community Servi...ces
Director
Recreation Supervisors
Recreation Coordinators
Consultants*
.
Engineerin~
City Engineer
Assistant City Engineer
Leg~islation
City Attorney
Assistant City Attorney
Deputy City Attorney
City Clerk
Maintenance
Maintenance Superintendent
Assistant Maintenance Superintendent
Foreman
Police Department
Police Chief
Police Captains
'Police Lieutenants
Water Department
Water Bi~li'ng Supervisor ~
Water Construction Superintendent
Water Services Analyst
Water Services Manager
I, II, III
I, II, III
I, II, III
I, II, III
I, II , III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II , III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
-1-
/9?
APPENDIX A
* The word "consultant" is defined in Section 1.3(b). A position
nominally known as a consultant to the City is not a designated
position herein unless such definition is satisfied. Thus, a
"f inancial consul tant" "
, an engineering consultant", and a "bond
counsel" in many instances, will not be a consultant herein.
Determinations hereunder shall be made by the governing body
of the City, based upon a consideration that the service
rendered by a person or firm are on a selective, as-needed basis,
for a limited purpose, as compared to consultants retained
for the rendition of regular, on-going services.
-2-
FORM 730
Statement of' Economic Interests
For Designated Employees
(Instructions attached on Pa~e 13)
Please type or print in lng
. ...till, , .... , ._. ~ ,
i i i i i i i i i i -_ ..... . ...... .,- .._w .
Check the appropriate box(es)'
o
i i INITIAL STATEMENT: The Conflict of Interest Code for your agency beComes effective on . .
You must file a Statement within thirty days after this date disclosing, your reportable interests I~'e-id on
this date. You are not required to. disclose income, gifts or loans on' this Statement.
L._] ASSUMING OFFICE STATEMENT: You have assumed office on ........... .
·
[~ Position subject to State Senate confirmation - file thirty days after appointment or nomination
[--'] .Ali other po~ition~ - [ilo..thirt¥ days after a~umin~ offi¢8. , ....
You must disclose all reportable interests, other than income, gifts.and loans, held on the date you
assumed your position.
ANNUAL STATEMENT: You are required to file a Statement no later than ..... _ ..... ._..
disclosing all reportable interests held or received during the period from January 1, 1980, * through
December 31, 1980.
LEAVING OFFICE STATEMENT: You are leaving or have left your position on ,__ , ......
and must file a Statement within thirty .days of that date. You must disclose all reportable interests held
or received during the period from January 1. 1980. through the date you left office.
...
CANDIDATE S'TATEI~IENT: You are a candidate for elective office. You must disclose all reportable
interests, other than income, gifts, and loans, held on the date you filed nomination papers. You must file
this Statement within five days after the final date for filing nomination papers.
, ,,,
NOTICE TO ALL, FILERS: In the event you are given an assignment which may affect your
financial interests you should consult your agency's Confiict of Interest Code for guidance
concerning diseual ification.
.~-,~.i.~ 0-'.~cz" " - ' " - ' - - ........... ¥~-_~;0'"'~ .~'~'~ .........
....... , I I I II II I I _ -- II I Il , ' , ' I In ,_ I
* If this is your first annual Statement, see the instructions attached to this form for directions on '
modifying the period covered by this Statement.
s-rD ?30 ~. 9/.80!
,,
I II _ ~ I 11 - - - I I _ I I III _! .... III_ I I "'
THE F OLL,~'-~NG ~Y MUST BE COMPS' D BY ALL F]I~/~
~'IEDUI:,~ A; Inves~t~
} l~ule completes & attached
L.E B- Interests in Real Property
Schedule comoletad & attac~ecl
E:]No reportaDle intere5'l~
Schedule not applicable to my
disclosure catatgory
I~No raportaOle interests
Investments aha' In~e~ts i~ Real Property' Held ay' BUsi'.'~ ~tltiis' ~'r Tmsm
E:::]Schedule not applicable to my
disclosure category
·
ii ii ii
] Schedule completed & attacl"~ecl
[~No reportal=le interests
:HEDUI.~ O' Inc~ (otlm~ ~'~ Gilts an'd Loans)
·
~ 5ct~edule completed & attac~ed
E~No rm~ortable interests
CHE~)ULE E -'L. oa~:~ ...............
[ $
checlule not applicable to my
disclosure category
ii ii i i
Schedule not applicable to this ~pe of
Statement or to my disclosure catogor~ .
_ i iii i i i i il i i i i
Schedule complete~ & attac~ecl
~DU~ F'. Gifts '
[~No reportable interests
F--[ Schedule not applicable to this type of
Statement or to my disclosure category
Scneaule com~3lema A a~ached
~EDU'LJ~ G"lncome to gualr~'~a En~ltlee
E:] . No reportaDie intereRs
Schedule not applicable to this type.of.
Statement or to my disclosure category
I~ No reportal31e interests
..
I~ No reportal3le intere51~
:3 Schedule not applicable to my
disclosure category
.... 11 ............ i i , i. ) .... i__ I I i i iII
ESchedule not applicable to this type of
· SZatement or to my disclosure catego~/
i i · i i ii ii i i ii i i
,
IMP<3RTANT: if boxes are checked for ~ schedules above to indicate "No reportable interests"
·
or ".Scheclule not applicable..." you should detactt the schedules and file only pages 1 and 2.
If you need more space on any schedule, obtain a supplemental scheclule from your filing officer.
I Il Ill I I I 1.. Ill ,
I , I lin[ I Il Ill [I lll l I J [ . .... il iii il , ill , ! ...... ii
_1.1 ...... i i
11 ........... i i
VERIFICATION
I I Il I Il I I ! I _ I
! d~clar~ under p~nalt7 of perjury chat t have asCei all reasonab'id' dilig~n¢~ in preparing this Statement and co
thc b,$t of my knowlcdg, ic is tm, md complet,.
.E~cu£¢d on ,19 _ , ac ....
·
.... , ., _ , , t , ' ' I I ..... I ! I I I I I . I Il I I
All of the information required by this. form is mandatory, is required by the provisions of the
Political Reform Act, Government Code Section 81000 e..~t se.~a., and will be available to any
member of the public upon request.' This information is to be used to reveal to public scrutiny
certain financial interests of public officials and employees in order to disclose potential
conflicts of interests and to aid in the prevention of actual conflicts of interests.
3~e 2
;~ ?30 t9/801
·
Investments (or c~¢ cyme &scdb¢~ irt your (fisclosz~r¢ ¢¢ztg~ory)owned by ~e filer, spouse and
dependent children aggregating $1,000 or more in value.
~4AME O~
GENERAl. OESCNIP't*ION Oft) IUIINEII ACTIVITY
ENTITY
ACQUIRED
0
HAME oF ENTITY
! DATE
I
OtlPOIEO
, . .
I
[ ~ orE. liD ',
HATUN'E OP' m~rsRESTS, l~G.. COMMO,q~ STbCX. ~'AR~qERSN~P mr~nzrr, I~.c. '
-GENERAL OEM~NIP'TIoN OP' BUSINESb ACTZVIYY ~'~ ' ACQUIRED'. I ~Xl'~'
' E~ 0111kOliO ~1
i J I I _ i I iii ii -
·
G~iECJC ONE
VALUE 0GEl NOT ~X~IW)D $10,000
VALUE EXCSEOE SI0,000 out
OGle ~soT r. XGZlO $100,000
VALUE r. xczns SIO0,O0O
~HECIC ONE
VAI.UB DOrM No1' gxcslo S IQ, G00
VAI. Ui EXCEEDS S|0.(XJQ BUT
NOT EXCEED S 1430,000
VALUE OGlE NQ?
0OKi NOT
~'~ VAGUE
i i_1 I I i i _ II I Il Ill I
i ii
~ OO~S NOT ~XGZlD SI~,~
. ~ VALUE EXCSiDS SI00,~ ..
SCHEDULE B - ~I~'I'S I~ R~ PROP. ERTY
Interests in Real 9~pe~t7 (or the £ype described in your disclosure cace!]ory.) in which the filer,
spouse and dependent cifildrefi have an a§Iretate interest of ~1,000 or more in value.
NATURE OP. IN'I'~NEST, ~oGoo rQUrl'Y. QP'~QN
= NA~I~i OP.' INT~CNEST.'K.G', EQUITY, OP~ON '
[,,
I ' .......... '
I
J ~ otspo... I
i i I i i i i I i IlIII
N~RI OF INTIR~, K~O., iOV~,
,
................. ii iii
oo61 NOT EXCEED $
·
i i ii iii
I I I
VA~UE CXCEEOS $100.000
I ! VALUE OOl~ NOT [XCEIgO
Sio. oc~
oofs NOT
VALUE UtXCZEDS Sl0,0QQ BUT
0GE· NOT EXCEED
~'~ VALUE EXCEEDS $
ii ii i i ii
See explanations on revell~ :~i~e
Page 3
·
$¢hedu ! · A
INVESTMENTS
"Investments" are any ownership interest in business entities. The most common kinds are
stocks in a corporation, partnersttips and sole prol0rietorsttips. Reportal~le investments do not
include bank accounts, insurance, policies, government bonds, interests in a diversified mutual
fund registered witl~ the S.E,C. under the Investment Act of 1940 or a common trust fund created'
pursuant to Section 1564 of the Financial Code. If you are a beneficiary or maker of a trust,
consult ttte detailed Instruction Manual or your agency's legal counsel or filing officer.
S chedu I e E! .
INTER'E .STS IN REAL. PROPERTY
"Interests in real property" include ownersttip interests, options to purchase, and leasehold
interests if ten years or more remain on the lease. The value of a leasehold interest is the total
amount of rent owed by you during the period covered by the Statement. An interest in real prol~erty
is not reportable if it is your principal place of residence. However, if your princil~al place of
residence also is a place of business, e.g., a family farm or retail business, you are required to
disc[ose that portion of the property wt~ich is used in connection with your business activities.
Page 4
S~~DU~ C- INVE~S & 5NTERESTS IN REAL PROPERTY
HELD BY BUS]ArESS KNT1T/ES OR TRUSTS
Investments and [nte=es~s in Real Propet~y (o[ :he LTpe gescribe~t i. your gisclosur¢ c=tc~o~) held by business'
entities or trusts in which the filer, spouse and dependent chUdmnhave an aggregate ~terest of 10% or greater.
i i i i i ii i i i . ii
INVESTJ~E~S H~~ B Y B U$2NE~ F2VTITY OR TRUST
NAME OF
NATURE OF'IN¥ISTMENT. S.C.. COMMON STOCX:. PARTNERINIP IN'rIMES'/)
OATE
ACQUINEO
i
i~ AGQUIRIO
NATUIII-OP-INYiITIdI~, E.G., COMMON STOCIC, PARTNIRIHIP INTIRIIIT, ITC.
I i ii _ i i i
~lqX ONi
IN.RESTS iN REAL PROPERTY HELD B Y BUSINESS ENTITY OR TI{ UST
NATURE OW INTIlelIS'I~', g. ~.'.'x~)urTY, OI~ZON
i i i ii i i i
'l~ ACQUIRED i' oATI
·
NAT""'-O' '"TIRE'S' '-G-r. ,,U,T¥. o,,'r,oN
i
. ~ VAGUE OO~S NOT ~XgllgO $10,C)GG
mill I i _ I I I
C)ill qX ONE
~'~ YA~.UE 0olS NOT ~XgSUO
I V&~Ji CXCZZOS $1O.0Q0 BUT
~'~ v~UE IXC~BOI. $I00.C00
3aa explanatlorm on revere side
Page 5
?=o: s,'.~o)
-.
·
Schedule C
INVESTMENTS AND INTERESTS IN REAL PROPERTY
HEL. D BY BUSINESS ENTITIES OR TRUSTS
If you, Your spouse and dependent children collectively own more than 10% of a business entity,
you must report your p,ro ..,rata' s~are, if worth $1,0oo or more, of any investments or interests in
real property wt~ich are held by the business entity. You must provide the same information that
is required for any other .investment or interest in real p'roperty. If you are a beneficiary or
maker of = trust,, consult the detailed Instruction Manual or your agency's legal counsel or filing
officer.
Page ~ .
s'ro ?~.o
NAME ,
SCHEDULE D -INCOHE (OTHER THAN GIFTS AND LOANS)
b.
Income. aggregating 5250 or more from repot:able sources of income (of erie :yp¢ described
in your disclosure,
II I
$.LO,OOO ·
i_ i I
lU~mNSaS A,:-.~r'rY' bP' sQUN~Z OP' tNCt0'Ml~. IF ,WY '
I i ii i ii i
ii i I _ I
ii ii
~on,tsU o,, '~,Rcz a,,' ,NCOMI
UlJJl~lLl! Ai~'IVlTY QP"SOU'N'C~'~'P TNCOMi, ~JP'AJiY
OtII~C~JlI'~ON OP 'rHd" CO~SIOIINA'r|ON ~'&~ ~I'N1¢34 INCIO#il W~ld IISC/,I~iD
II i I II I ill I ii iii I I
..~..
i~ i [ i
i I
i iii i i I I i~ i
i ii ~ i i ~
__
ii ii i iii i _
SX.OQO
.
~O,OOO
i i - _ J .i i _ ii
See explanations on rever~e side
Page 7
Sch edu le D
INCOME (OTHER THAN GIFTS AND LOANS)
The most common forms of income include salary, ,#ages, interest, and ~he 13roceeds from sales,
including sale of yourhouse or car. Your income includes your community property shareof your'.
spouse's income. Reportable income does not include salary and reimbursement for expenses or
per diem received from a state, local or federal go~emment agency; dividends, interest or other
return on a security registered with the $.E.C.' payments under an insurance policy' interest on
bank accounts or bonds' income of del3endent chi Idren: alimony or chi Id sut3t3ort payments; redemp-
tion of a mutual fund: any bequest or inheritance: or any payments receivedundera defined benefit.
pension plan qua, li fiedunder Internal Revenue Code Section (401 (a). If you or your Sl3OUSe is a.
beneficiary or maker of a trust, consult the detailed Instruction Manual or your agency's legal
counsel or filing officer concerning the reporting of income to the trust.
!I
I ..
Page 8
$"t*, 0 ~'30 ,9.'80.~
$ .
__
! I ill Il , i i II
NAME
SCHEDULE E - LOANS
Outstanding loans and loans received ag~e~ating S250 or more from any reportable
so.ccc of income (of cbc ~p¢ de, scribed in your disclosure category.).
·
· ii i iii ii ! u
-' - . i i iii i ii i
S~.GZJ'IqtT'Y ;'01~ I. OAN ......
i ii1± i ii i i ~ i i i i
F~ NONE I I:N'?'t iq I 1., O ANR E:II AIO
i i ' i ] . i i i iJ
i ILl II J
I I_! I I I I I I! I II I
i i iii ii i_
i ii ii i ii
ii
ii i _ i J i
'~ &MOUNT OWE:O
SlO.0OO
& ON[ '"' ' , ~ ~ , · ~ L
_
_ ::)OE:S ,40T e_XCE:E::)
AMOUNT OWE:O
,.'*~..~s* .4A'rl ......
SCHEDULE F - GIFTS
Gifts atgre~o-ating S25 or more from any repot:able source of income '(of che £yp¢ described
in your disclosure ca£~gory, ).
' - ' · __ I i I ii ii ii ii I
,~iAMII: OF DONOR
-- IIiiiii i
·
- i ii i
_t IUSINII$ ACTIVITY '~li: DONON, lie ~NY
INAMI~ OF DONOIt' " ""' "' ' ' '' "
iii ii I I I II I. I I
i AD°R%' o~ DoNoR
' ' L II I II
[ -"",x=s, ^c'~v,'n' o,, oo.o", ,W *-~'
· J , · i 11 ,1,1 ·, , ,
NAME OF DONOR
- I I ~l Ill
.......... i vA~u','o,, Gi.T(s) .....
...... D~acRTPTtON o,, GI-Ttst"'
............ ,,,,.~(.) o,,';,,~(;) ....
q,,
ii i i
OKSCRIP'r~ON OP'
I I . II . I I~ .... I . .
........
i i11 imp
See explanations on reverse side
Page 9
?30
o.
Schedule
LOANS
You taus.; rel3ort all outstanding loans and loans received.at the higl~est amount owed by you
during :~e rel3orting period. Reportable loans do not include loans from commercial lenders
macte in :heir ordinary course of business on terms available to the public without regard to
official status if the loans:
(1)
Were used to purchase your i3rincil3al place of residence; or
(2}
Aggregate less than $10,000 from any one lender, including indebtedness arising from
retail installment or credit transactions.
Repor:able loans also cto not include loans from family members.
$chedule F
o
GIFTS
Repor~al3te gifts do not include food, drink or 'lodging provided in another individual's home'
gifts al31~roximatel¥ equal in value exch. ancjed between you and an individual, other than a lobbyist,
on holic~aTs, birthdays, or similar occasions, gifts of informational m_ateria_ls_, not including
travel' gifts from family members; gifts wl~ictt are not used and which within thirty days are
returned :o :he donor or delivered to a charitable organization without being claimed as a charit-
able contribution for tax purposes; or any bequest or inheritance.
Page I 0
Name
SCHEDULE G- INCOME TO BUSINESS ENYITIES
Income from clients and customers (of t$~¢ type described i. your disclosttre category) to a business entity -in which
the filer and the filer' spouse have an aggregate interest of 1.0% or more'. ' '
il iii II i ii I I I I I I _11 II I
,
_ _ I ii i I I ii ii i ii i ii ii i
·
·
I i i i Ii i . I _ _
·
,1111 i i i I
I i --
Illi Il .I I Ill I I I i ii I_
!
I i I II I I r
;" '"' '" ' ' ' ' -~oo-~ss:~ a~S~-~Ss"~hf~'¥ ' ' * '
OE:SC~;~a~riON '~ F' 9~.~iN ~,$.5 ,~C 'TI ',~l Tv. :~ K aUSIN'ESS
Illlll I I · I I I II i_ i - i i iiii
......... .. ............
i ii ii ii
SCHEDULE H
GI~NF. HAI. '3 F..$C RI la ,':':C~N OF BUSI.~iF. 5$ ACTIVITY
BUSINESS POSITIONS
,~OOlq~.5$ OF
NAMe: 01r e. NTITY
AO0 'q ~r3S ~.N TI -¥
See. explanations on reverse side
..
-
·
Page
STD ?'30'9
·
· .
Schedule G
INCOME TO BUSINESS ENTITIES
If you and your spouse collectively own 10% or more of a business entity, you must report the
names of those clients a~d customers who provide.so much in gross receipts to the business en-
tity tttat your pro rata share (including your community property interest in your spouse's sl~are)
is $10,000 or. more. No information is required to be reported about tl~ese'ctients and customers
other than tt~eir names,
If you believe that your client's names are ~)rivileged under California law, you may request from
the Fair Political Practices Commission an exemption from disclosure of their names.
,
Scitedule H
BUSINESS POSITIONS
You must report the reo. uired information with respect to any business entity for whict~ you are
a director, officer, parmer, trustee, employee or hold any position bf management if such infor-
mation is required by your 3isclosure category.
Pacje 12
Please de£ac/~ these instructions/'ro~ th~/'om prior to ~'iling.
INSTRUCTIONS FOR COMPI..ETION OF THE. FORM 730
STATEMENT OF ECONOMIC INTEREST'
GENERAL INSTRUCTIONS
Your agency has adOl3ted a document called a "Conflict of Interest Code." Peol31e covered
by the (::ode are called "designated employees" and must disclose certain of their personal
finances. The types of finances which you must disclose are described in the part of the Code
called, the "disclosure category." Before you. go any further, make sure that your filing officer
has given you a copy of your disclosure category.
If you have questions about reporting which are not answered in these instructions or those
contained on the reverse side of eac,~ scttedule, consult your agency's filing officer or legal
counsel who have been t3rovided with a mom detailed manual by the Fair Political Practices
Commission.
.
ORGANIZATION OF FORM
The Political Reform Act 13rovides that four general types of interests may be made re-
portable in conflict of interest codes: Investments, interests in real pro,oerty, income, and
business positions (which include being an employee). With res0ect to [he first three of these,
the reporting requirement extends not only to your ~3ersonal interests but also ~o interests held
by business entities or trusts of which you and your irnmedia'te family own 10% or more. The .....
schedules separate personal and business-owned interests as follows:
PERSONAL
BUSINESS-OWNED
Investments Schedule A Sct~eduie C
Interests in Real Property
Schedule B Schedule C
Income $cl~edule O Schedule G
Loans' ' Schedule E not al3131icable
Gifts * Schedule F not applicable
Business Positions
Schedule H
not apl3licabl6
'Loans and gifts must be reported when your disclosure category requires income to be re-
ported. They are rel3orted on seoarate schedules because there is a lower reporting threshold
for gifts than for other kinds of income and because different information must be reported for
both loans and gifts than for other kinds of income.
Page 13
S'I'1:3 ?30 (9."~OJ
HOW TO FILL OUT THE FORM 730
Step 1'
Complete· the first page. If you left office after December 31, 1980, but before your annual filing date and you
want to file a consolidated leaving office and annual Staternent, check the boxes for both kinds of Statements,
fill in the space for the date you left office, and disclose all reportable interests held or received at any time
be{ween January 1, 1980 and the date you left office. If the filing deadline for the leaving office Statement is
later than the annual filing date, you must inform the filing officer in writing before the annual deadline that you
intend to follow this procedure.
The period covered by the Statement is printed on the form. If you are filing your first annual 'Statement and fall
into the situations described below, you should moc~ify the period covered printed on the form as indicated.
1. If you assumed office after January 1, 1980 draw a line through "January 1" and write in the date you
assumed office.
2. If your agency's Conflict of Interest Code became effective after January 1, 1980, ~.raw a line through
"January 1" and write in the date the Code became effective.
3. If you filed an initial or'assuming office Statement before January 1, 1980, and have not filed a Statement
since, you should draw a' line through "January. 1. 1980" and write in the date your agency's Code became
effective (if your last Statement was an initial Statement) or the date you assumed office (if your last.
Statement was an assuming office Statement).
Step 2: If you are filing an initial or assuming office Statement, turn to the summary page (.back of 1st page) and check
the box "Schedule not applicable to this type of Statement or to my disclosure category" for Schedules D, E,
F andG.
Step 3: Consult your disclosure category. If it does not require the reporting of any of the general kinds of interests
covered by the form, turn to the summary page and for the schedule for that kind of interest, checl< the box marked
"Schedule not applicable to my disclosure category." For example, if your disclosure category does not require
you to report business positions, mark the box entitled "Not applicable to my disclosure category" for Schedule H.
Step 4: if you have not already checked Schedules C and G "not applicable" a~cl if you, your spouse and dependent
children do not collectively own 10% or more of a business entity or trust, check the box on the summary page
marked "No reportable interests" for Schedules C ancl G.
;tap 5: Witl~ respect to the remaining schedules, determine if you have any interests of the kind descr!bed i.n ~y.0~u¢.~d. is~_-
ctosure..cat..egory. If not, check the box on the summary page marked °'No reportable in'terestso" NOTE-a) You
must report investments and interests in real property held at any time during the period covered by this Statement,
regardless of whether they are still held at the time of filing, b) You must report investments and interests in
real property held by your spouse and dependent chii=ren and your community property share in your s.oouse's
income, c) You must report only investments in business entities, sources of income (other than gifts) and real
property which are located in or doing business or planning to do business in the geographical area subjecl: to
·
your agency's authority. Real property is deemed to be located within the geograpl~ical area subject to the
agency's authority if it is within two miles of the area subject to the agency's authority or any land owned or
used by the agency.
Step 6: If you have reportable interests, you must complete ,'.he appropriate schedules° If them is no change in the
information on a previously filed schedule, you may make a copy of that schedule and attach it to your Statement
instead of filling out a whole new schedule. For each schedule containing reportable interests, mark the box on
the summary page entitled "Schedule completed and attacl~ed."
Step 7' .S. ic~n. the verification, and fill in the date and the city where you did so.
·
SPECIAL REPORTING PROBLEMS
1. Reporting Rental Property: If you own an interest in rental property directly (i.eo, not through a business
entity such as & partnership, corporation, joint venture, etc.) you should as a general rule, report the prop-
arty on Schedule B, the total amount of rents as income on Schedule D and any tenants who pay rents of
which your pro rata share is $10,0C0 or more on Schedule G. On the other hand, if you own 10% or more of a
business entitywtlich owns rental property, you should report the business entity on Schedule A, the property
on Scnedule C, the total amount of rents as income on Schedule D, and tenants who pay rents of which your
pro rata share is'more titan $10,(;00 on Schedule G. Finally, if you own less than 10% of a business entity
which owns. rental property, you should report your interest in the business entity on Schedule A and any
income from the business entity on Schedule D. You need not report either the property or the tenants.
2. Interest in a Trust' If you have set up a trust for others or if you are a beneficiary of a trust, including a
blind trust, see your agency's filing officer or legal officer far reporting instructions.
Page
·
o ·
APPENDIX C
NOTICE OF ACTION TAKEN
NOTICE IS HEREBY GIVEN that the Agency has committed itself
to the following course of action:
·
NOTICE IS FURTHER GIVEN that in the event that any person
desires the Agency to reconsider, or disapprove of, said c0m-
mitment on the grounds of the existence of a conflict of interest
of a Agency officer, employee or consultant, a request for said
reconsideration or disapproval shall be submitted to the City Clerk
of the Agency wi thin thirty (30) days of the. date hereof.
Da ted:
By
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. 81-61 was duly and regularly introduced, passed and adopted at a
regular meeting of the City Council held on the 18~ day of M_~[, 198~ by the
following vote: ·
AYES : COUNCILPERSONS: Sharp, Hoesterey, Edgar, Kennedy, Saltarelli
NOES : COUNCI'LPERSONS: None
ABSENT: COUNCILPERSON S: None
City of Tustin, California v