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RESOLUTION NO. 81-60
A RESOLUTION OF THE CITY COUNCIL, CITY
OF TUSTIN, CALIFORNIA APPROVING THE
CONFLICT OF INTEREST CODE OF THE
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
The City Council of the City of Tustin,.California,
does hereby resolve as follows-
1. The City Council finds and determines that the
Conflict of Interest Code of the Tustin Community Redevelopment
Agency has been adopted by that Agency and that said Code
is in compliance with the requirements of law and is a
·
reasonable and appropriate Code and should be approved.
2. The City Council hereby approves the Conflict
·
of I.nterest Code of. the Tustin Community Redevelopment
Agency heretofore submitted for that Agency, a copy of
which said code is attached hereto.
3. Pursuant to Section 2.3 of said Code, 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 Code to file said statements with the City Clerk
,
of the City of Tustin.
PASSED AND ADOPTED at a regular meeting of the City
Council, City of Tustin, California, held on the 18th
day of May , 1981.
ATTEST-
CONFLICT OF INTEREST CODE
OF THE
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
(Government Code Sections 87300-87302)
ARTICLE I
GENERAL PROVISIONS
Section 1.1 Purpose. Pursuant to the provisions of
Government Code Sections 87300 et seq., the Governing Body of the
Tustin Community Redevelopment Agency hereby adopts the following
Conflict of Interest Code. Nothing contained herein is intended
to modify or abridge the provisions of the Political Reform Act
of 1974. (Government Code Sections 81000 et seq.) Incorporation
by reference of the terms of this ~egulation along with the
designation of employees and the formulation of disclosure cate-
gories in the Appendix referred to below constitute the adoption
and promulgation of a Conflict of Interest Code within the meaning
of. Government Code Section 87300. Such procedures will require
the reporting of reportable items in a manner substantially
equivalent to the requirements of Article 2 of Chapter 7 .of the
Political Reform Act. The requirements of a Conflict of Interest
Code are in addition to other requirements of the Political
Reform Act, such as the general prohibition against conflicts of
interest contained in Government Code Section 87100, and to
other state or local laws pertaining to conflicts of interest.
Section 1.2 Severability. If any article, 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. It is declared that each
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remaining article, section, subsection, paragraph, subparagraph,
sentence, clause and phrase of this Code would have been adopted
irrespective of the .fact that 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
ten (10) days after approval by the City Council of the City of
Tustin, acting as the Code Reviewing-Body, pursuant to Government
Code Section 87303. The previous Conflict of Interest Code,
adopted pursuant to Resolution No. RDA 80-5, 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) Agency: "Agency" means the Tustin Redevelopment
Agency, which was created pursuant to the Community Redevelopment
Law commencing at Health and Safety Code Section 33000, et seq.,
and whose boundaries are coterminous with the boundaries of the
City of Tustin.
(b) Business Entity: "Business entity" means any organization
or enterprise operated for profit, including but not limited to a
proprietorship, firm, partnership, business trust, joint venture,
syndicate, corporation or association.
(c) Secretary: "Secretary" means the Clerk of the Agency.
(d) Consultant: "Consultant" means a position established
by contract with the Agency pursuant to which contract information,
advice, recommendation or counsel is provided to the Agency;
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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 Agency or of
any Agency official, other than normal contract
monitoring; and
(2) possesses no authority with respect to any Agency
·
decision beyond the rendition of information,
advice, recommendation or counsel.
(e) County: "County" means the County of Orange..
(f) Designated EmPloyee: "Designated employee" means any
official of the Agency whose position is designated in Appendix
"A" of this Code. Appendix "A" sets forth those positions which
entail the making or participating in the decisions which may
foreseeably have a material~ financial effect on any financial
interests of the designated employee, but does not include any
unsalaried member of any Board or Commission which serves a solely
advisory function.
(g) Disclosure Statements: "Disclosure statements" means
statements disclosing reportable interests required, by Section
2.2, to be filed by designated employees.
'(h) Family: "Family" means the spouse and dependent
children of the designated employee.
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(i)
Jurisdiction:
"Jurisdiction" means within the boundaries
of the Agency.
(j) Official: "Official" means any natural person who is
a member or alternate member of the governing body, or is an
officer, employee or consultant of the Agency.
(k)
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.
"Reportable
interests" as to any particular employee are deemed by said
assignment to be affected foreseeably and materially by any
decision made or
participated in by the designated employee by
virtue of his or her position.
(1) Except as otherwise indicated, the definitions
contained ·
in the Political Reform Act of 1974 (Government Code Sections
81000 e__t se_~q.) and regulations adopted pursuant thereto are
incorporated into this Conflict of Interest Code.
ARTICLE I I
DISCLOSURE
Se..ction 2:1 Designated Emplgyees. The persons holding
positions listed in Appendix "A" are designated employees. It
has been determined that these officers and employees make or
participate in the making of decisions which
may foreseeably
have a material effect on financial interests.
Sectio.n 2...,2. Disclosure. .. . Cate.gories.
This Code does not
establish any disclosure obligation for those designated employees
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who are also specified in Government· Code Section 87200 if they
are designated in this Code in that same capacity or if the
geographical jurisdiction of this Agency is the same as or is
wholly included within the jurisdiction in which those persons
must report their financial interests pursuant to Article 2 of
Chapter 7 of the Political Reform Act, Government Code Sections
87200, .e..t seq. Such persons are covered by this Code for
disqualification purposes only. With respect to all other
designated employees, the disclosure categories set forth in
Appendix "A" specify which kinds of financial interests are
reportable. Such a designated employee shall disclose in his or
her Statement of Economic Interes'ts those financial interests he
or she has which are of the kind described in the disclosure
categories to which he or she is assigned in Appendix "A". It
has been determined that the financial interests set forth in a
designated employee's disclosure categories are the kinds of
financial interersts which he or she foreseeably can affect
materially through the conduct of his or her office.
Designated employees who are required to file Statements of
Economic Interests under any other agency's Conflict of Interest
Code, or under Article II of the Political Reform Act for a
different jurisdiction, may expand their Statement of Economic
Interest to cover reportable interests in both jurisdictions,
and file copies of this expanded statement with both entities in
·
lieu of filing separate and distinct statements, provided that
each copy of such expanded statement filed in place of an ori.ginal
is signed and verified by the designated employee as if it were
an original. See Government Code Section 81004.
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Secti.o..n. 2.3 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 Agency. Upon receipt of the statements
of economic interests of the head of the Agency and members of
boards or commissions not under a department of state or local
government, the Agency 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 to the Code
Reviewing Body within five (5) days after the filing deadline or
five ("5) d~Ys ~ft'~'r reC'e'fp~'in the case of statements filed late.
(b) Ail designated employees shall file Statements of
Economic Interests with the Agency, 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 in
agencies who make and retain copies of statements and forward the
originals to the filing officer.)
Section_.2.4 Time of Filing.
(a) Initial Statements: Each person already in a position
when it is designated by an amendment to this Code shall file an
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initial statement within thirty (30) days after the effective
date of the amendment.
(b) Assuming Office Statements: 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 confirmation, thirty (30)
days after being nominated or appointed.
(c) Annual Statements: Ail designated employees shall
file statements no later than April 1 of each year for a period
covering the previous calendar year ending on December 31.
(d) Leaving Office Statements: All persons who leave
designated positions shall file statements within thirty (30)
days after leaving office.
Sec.t.ion" 2.5 Categories of Reportable.. Interests. Reportable
interests are divided into the following categories:
(a) Category I- Interests in Real Propert.y: Interests in
real property are reportable if:
(1) the real property to which the interest pertains
is located in part or in whole:
(A) within the boundaries of the jurisdiction;
or
(B) within two (2) miles of the boundaries of the
jurisdiction; or
(C) within two (2) miles of land located
outside of the boundaries of the jurisdiction
which is owned or used by the Agency; and
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(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:
(A) a leasehold which does not expire within
ten (10) years from the first day of the
period covered by the statement, beneficial
or ownership interest held by the designated
employee or his or her family; or
(B) an option held by the designated employee
or his or her family to acquire such an
interest; or
(C) an interst 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 pro rata share
of the designated employee or his or her
family in the real property interest or
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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.
(4) An interest in real property does not include
the principal residence of the filer.
(b) Category II - Investments: Investments in business
entities are reportable if:
(1) the business entity, including parent corporations,
subsidiary corporations or otherwise related
business entities,
(A) has in interest in real propert'y located
in part or in whole within the boundaries
of the jurisdiction, within two (2) miles
thereof or within two (2) miles of land
owned or used by the Agency; or
(B) does business or plans to do business
within the jurisdiction; or
(C) has done business wi thin the jurisdiction
at any time during the two (2) years .prior
to the time that the disclosure statement
of the designated employee is filed; and
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(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:
(A) 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
...... (B) ..... ~s"'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 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 pro
rata share of the designated employee or
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his or her family in the investment
held by the business entity or trust;
and provided, further, that in the event
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 investment relates
to the entire value of the investment held
by the business entity or trust.
EXCEPTION: An investment is not reportable if it con-
stitutes 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 governmental Agency.
(c) Category III - Sources of Income: Sources of income
are reportable if:
(1) the source of income was either:
(A) a business entity located or doing business
as described in subsection (b)(1); or
(B) an individual residing within the Juris-
diction; or
(C) a non-profit association or corporation
having its principal place.of business
wi thin the Jurisdiction; and
( 2 ) either:
(A) the aggregate amount of income received by
the designated employee or his or her family
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from the source during the period covered
by the disclosure statement
was Two Hundred Fifty Dollars ($250.00)
or more in value; or
(B) If the income 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 Twenty-Five Dollars ($25.00)
or more; and
(3) the income was either received by:
(A) the designated employee or his or her
family; or
(B) 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
(B), the value, for the purpose of Paragraph
(2), of the income relates to the pro rata
share of the designated employee or his or
her 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 located
within the Jurisdiction, including but not limited to
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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 any-
thing of value unless the discount is available· to
members of the public without regard to official status,
rebate, reimbursement of expenses, per diem, or con-
tribution to an insurance or pension program paid by
any person other than an employer, and including any
community property interest in income of a spouse.
Income shall also include an outstanding loan. Income
shall also include 'a pro rata share of any income of
any business entity or trust in which the individual
or family owns, directly, indirectly, or beneficially,
a ten percent (10%) interest or greater.
INCOME DOES NOT INCLUDE:
(1) campaign contributions required to be reported
under Chapter 4 (commencing with Section 84100)
of Title 9 of the Government Code;
(2) salary and reimbursement for expenses or per diem
received from a state or local government agency
and reimbursement for travel expenses or 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 used and which, within thirty (30)
days after receipt, are returned to the donor or
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13.P'
delivered to a charitable organization without
being claimed as a charitable contribution for
tax purposes;
'(5) ' gifts or loans 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
....... demah'd'-'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;
(8) dividends, interest or any other return on a
security which is registered with the Securities
and Exchange Commission of the United States
Government;
(9) redemption of a mutual fund;
(10) alimony or child support payments;
(11) any loan or loans from a commercial lending
institution which are made in the lender's regu-
lar course of business on terms available to
members of the public without regard to official
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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 in-
stallment 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 owed 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 and not doing business
within the Jurisdiction, not planning to do
business within the Jurisdiction, or not having
done business within the Jurisdiction during the
two 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 expec-
tation by the designated employee at the time he
or she assumed the designated position of renewed
employment wi th the former employer.
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(15) Payments received under a defined benefit pension
plan qualified under 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
Agency.
(e) Category V- Contractors: Category V includes invest-
ments 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 Agency.
(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, invest-
ment companies, title companies, financial consultants or data
processing firms.
Section 2.6 Content of Disclosure Statements; Category I.
Disclosure statements required .to be filed for reportable interests
specified in Category I shall contain the following information:
(a) The address or other precise location of the real propert5
(b) A statement of the nature of the interest in the real
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property;
(c) A statement of whether the fair market value of the interest
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 ($100,000.00); and
(d) In the case of an interest in real property wholly or
partially acquired during the period covered by an annual disclosure
statement, the date of acquisition and, if such interest in such
,
property was disposed of during such period, the date of disposition.
(e) For purposes of disclosure under this section, "interest
in real property" does not include the principal residence of
the f i le r.
Section .2.7 . . Content of Disclosu.re Statements; Category II
and Related Cate$ories. 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
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Thousand Dollars ($100,000.00), or whether it exceeds One Hundred
Thousand Dollars ($100,000.00);
(e) In the case of an investment which constitutes fifty
,
percent (50%) or more of the ownership interest in a business
entity, disclosure of the investments and interests in real
property of the business entity;
(f) In the case of investments wholly or partially acquired
during the period covered by~ an annual disclosure statement,
the date of acquisition and, if such interest in such property
was disposed of during such period,, the date of disposition; and
(g) For purposes of disclosure under this article, "interest
in real property" does not include the principal residence of
the filer.
Section 2:8~ Contegt' of Disclosu..re Statement; .... Cate$ory III
and Related Ca.tegories. Except as to an initial disclosure state-
ment for which income sources need not be reported, disclosure
statements required to be filed for reportable, interests specified
in Category III and income sources specified in Categories IV, V
and VI shall contain the following information:
(a) The name and address of each source of income 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)
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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.
(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) the name and address and a general description
of the business activity of the business entity;
(2) the name of every person from whom the business
entity received payments if the filer's pro rata
share of gross receipts from such person was
equal to or greater than Ten Thousand Dollars
($10,000.00) during a calendar year.
(h) Management Position Disclosure. When management posi-
tions 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) Acquisition or Disposal During Reporting Period. In
the case of an annual or leaving office statement, if an invest-
ment 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.
Section 2.9 Form of Disclosure Statements. Disclosure state-
ments 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 FI CATION
Section 3.1 General Rule. Designated employees have a con-
flict 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 significant
effect 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.
Sec.tio. n 3.2 . ..Making Ggver.nmental Decisions.; ..Actions ..... Included.
A designated employee makes a governmental decision within the mean-
ing of this Article, when he or she, acting within the authority of
his or her position:
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(a) Votes on a matter;
(b) Appoints a person;
(c) Obligates or commits the Agency to any course of action;
(d) Enters into any contractual agreement on behalf of the
Agency; or
(e) Determines not to act, within the meaning of subsections
(a) through (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
mus.t be accompanied by disclosure of the financial interest made
part of the Agency's official records, or made in writing to the
designated employee's supervisor or appointing power, as appropriate~
Section 3.3 .Participating in .Decisions; Actions Included. A
designated employee participates in the making of a governmental
decision within the meaning of this Article when he or she, acting
within the authority of his or her position:
(a) Negotiates without significant substantive review with
a governmental entity or private person regarding the decision;
or
(b) Advises or makes recommendations to the decision-maker,
either directly or without significant intervening substantive
review, by:
(1) conducting research or investigations which require
the exercise of judgment on the part of the desig-
nated employee and the purpose of which is to
influence the decision; or
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(2) preparing or presenting any report, analysis
or opinion, orally or in writing, which requires
the exercise of judgment on the part of a des ig-
nated employee, and the purpose of which is to
influence the decision.
~ection 3:4 Making o~r Parti.cipating in. Decisions..; Actions_ .
Excluded. Making or participating in the making of a governmental
decision as used in this Article shall not include:
(a) Act ions 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 designed employee relating to the compensa-
tion or the terms or conditions of' his or her employment or
contract.
Section 3.5 Material Effect of Financial Interest. A
designated employee has a financial interest in a decision if it
is reasonably foreseeable that the decision will be significant
within the meaning of the general standards set forth in Section
3.1 above. Consideration shall be given to the following 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:
-22-
(1)
The annualized gross revenues
by the lesser of:
(A)
One Hundred Thousand Dollars ($100,000.00);
or
(B)
One Percent (1%) if it is One Thousand
Dollars ($1,000.00) or more; or
(2)
Annual net income by the lesser of:
(A)
Fifty Thousand Dollars ($50,000.00); or
(B)
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:
(A)
One Hundred Thousand Dollars
or
($100,000.00);
(B) One-half (1/2) of one percent (1%) if it
is One ThouSand Dollars ($1,000.00)
or more.
Current 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:
(A)
One Thousand Dollars ($1,000.00) per month;
or
(B)
Five percent (5%) per month if it is Fifty
-23-
(2)
Dollars ($50.00) or more per month; or
The fair market value of the property by the
lesser of:
(A)
(B)
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.
within twelve
(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
(12) months prior to the time the decision is made:
(1) The effect of the d?cision will be to directly
increase or decrease the amount of income (other
than rents) to be received by the official by
(2)
One Hundred Dollars ($100.00) or more; or
,
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)
(4)
above; or
If the source of income is not a business entity,
the decision will have a significant effect on
the source.
(d) 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
-24-
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, perpetua-
tion 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 Posting of Notice of Action Taken: If a
designated employee disqualifies himself or herself from the
making of a decision, or participating in a decision, upon a
particular subject, and if the Agency subsequently commits itself
to a definite course of action with regard to said subject, then
the Secretary 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"
. , attached
hereto and by reference incorporated herein, and shall be
conspicuously posted on or near the doOr of the regular meeting
place of the governing body of the Agency.
(b) Discretionary Posting of Notice of Action: In the
event that the'Agency commits itself to a definite course of
action with regard to any subject and no disqualification has
occurred, the governing body may direct the Secretary to post the
Notice described in subsection (a) at the time and place set
forth in said subsection.
(c) Request for Reconsideration; Time of Filing; Effect
of Failure to File: In the event that a Notice has been posted
pursuant to subsections (a) or (b), a written request for
-25-
reconsideration or disapproval of any Agency commitment on the
ground of existence of a conflict of interest of a designated
employee shall be filed with the Secretary within thirty (30)
days of the posting of said Notice. In the event that such a
request is not filed, said commitment and all decisions made with
regard thereto shall be final and conclusive.
(d) Reconsideration Upon Filing of Request Therefor: In
the event that a request is filed with the Agency pursuant to
subsection (c) hereof, the Secretary shall direct said request to
the Agency governing body, officer or employee responsible for
the Agency commitment in question and said body, officer or
employee shall cause said commitment to be reconsidered.
ARTICLE IV
MISCELLANEOUS
Section 4.1,, , Legal ..... Opinions.,, ,
(a) 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 Section 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 an opinion from the attorney for the
Agency. Nothing in this Section requires the attorney to issue
such an opinion.
(b) 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
-26-
truthfully disclosed all material facts to the attorney for the
Agency, and an opinion is rendered by the attorney stating in
full the facts and law upon which the opinion is based, compliance
by the designated employee with such opinion may be evidence of
good faith in any civil or criminal proceeding brought pursuant
to the Political Reform Act, Government Code Section 81000 et
,
seq. In addition, the designated employee's good faith compliance
with the opinion of the attorney for the Agency shall act as a
complete defense in any disciplinary action the Agency may bring
under Government Code Section 91003.5.
· (c) Copies of any opinion rendered by the attorney for the
Agency pursuant to this Section shall be delivered to the designated
employee requesting the opinion and to the Fair Political Practices
Commission and shall be maintained in the files of the Agency.
Such opinions may subsequently be modified by the attorney for
the Agency or by the Commission, but such modifications or
revisions shall be prospective in effect and shall take effect
only after notification has been given the designated employee
who requested the opinion.
Section 4.2 Violations. This Code has the force and
effect of law. Designated employees violating any provision of
this Code are subject to the administrative, penal and civil
sanctions provided in the Political Reform Act, Government Code
Sections 81000-91014.
Section 4.3 Statute of Limitations. No judicial proceedings
,
based upon disqualification provision of this Code shall be
brought pursuant to Government Code Section 91003(b) to retain
-27-
the execution or to set aside official action of the Agency unless
commenced ninety (90) days following official action or decision.
LSL :.se: D: 4/9/81
LSL: se:R: 4/13/81
LSL: se: R: 4/17/81
-28-
APPENDIX A
Designated Positions
,
Catego.ries
Governing Body of the Agency
I, II, III
Consultants*
I, II, III
* The word "consultant" is defined in Section 1.5(b). A position
nominally known as a consultant to the Agency is not a designated
position herein unless such definition-is satisfied. Thus, a
"financial consultant" "
, an engineering consultant", and a "Dond
.
counsel" in many instances, will not be a consultant herein
·
Determinations hereunder shall be made by the governing body
of the Agency, 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.
APPEND I X A
FORM' 73O
Statement of Economic Interests
F'or Designated Employees
(Instructions attached on Pa~¢ 13)
Please ,tyl~e or l~rtnt in init
-~- , "' ,',~,_,' , , ', i '-',-;'" ,
NAME
Check the appropriate box( es)-.
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 held on
this date. You are not required to. disclose income, gifts or loans on' this Statement. .
ASSUMING' OFFICE STATEMENT:
You have assumed office on
r'--] Position subject to State Senate confirmation - file thirty days after appointment or nominatio_n_.
Ail other positions- file thirty days after assuming office.
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 d'isclose all reportable interests held
or received during the period from January 1, 1980, through the date you left office,
CANDIDATE STATEMENT' 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.
· O?ICE TO ALL Fil..E~$: In the event you are given an assignment whic~ may affect your
financial interests you should consult your agency's Conflict of Interest Code for guidance
concerning disqualification.
* If this is your first annual Statement, see the instructions attached to this form for directions on
modifying the period covered by this Statement.
$'1'0 730 { glso)
. - .u - - :" ' '' ''-'- -. I I .11 ii i i_ i Il l~lJl . 1 31~
THE FOLL?~r[NG SUMMARY MUST BE COMPI.~" ') BY ALL FILERS
SCHEDULE A -Ih:~est~ents ........
111 ' · I , _ I I Il I I · I lin I _
:0 -~hedule completecl & attached
sc,' ~u~ .' i.'to.;i' ," Re'i P,°"orty
[~No reportable interests
I-"I Schedule not applicable to my
_ disclosure category
I IllI _ I __ LB I I Il I I I . J . I I ' II II I II I
Schedule not applicable to my
~ Schedule completact & attached [:~ No reportable interests [~ disclosure category
· ' ~- 1, i , ,
$CHEI~UI.E 'C - Investr~ents and' IntereStS in Reel"Property Held'by Bu$in'e-~l-EntltleSor :Trusts .........
Schedule completed & attachecl
:::]No reportable interests
' ~CH'EDUI-E O -inceme (~thlr ~an Gifts and Loans)
~ Sc~eclule completed & attached
reportable interests
sc-~EDuLE" ~ ;'Loa~'~ ..........
[ i i _ill j Il I11
Schedule not applicable to my
::]disclosure category
II I I I I '"
[Schedule not applicable to this type of
Statement or to my disclosure category.
.......................
r .-
Schedule completes & attached
[~ No reportable interests
:]Schedule not applicable to this type of
Statement or to my disclosure category
5CH ~t:3UL. E F - Git'ts. ' ......................................
~ Sct~ectule com01et.~3 & attached
'No reportable interests
Schedule not applicable to this type.of
Statement. or to my disclosure category
sC~E~L~LE ~' ibc'ome t'o audi"esS E"fitles .....
· ,
~ Scheclule comoletecl & attached
S~:. uLE.~i ....BUsiness Po~itiona
[~ No reportable interests
[Schedule not applicable to this type o.f
· Statement or to my disclosure category
i ~ Scheclule completeci & attached
[~ No reportable interests
Scl~eclule not. applicable to my
[:~ disclosure category
.....
,~ i m iYmmll__ , i i i . _ M t[ jii . , M : ~: j, .... i ...... i i m ,
IMPORTANT: if boxes are checked for al_.[ schedules above to indicate "No reportable interests"
·
or "Scheciule not' applicable..." 7ou should detach the schedules and file only pages 1 and 2.
If 7ou ne~ more space on any schedule, obtain a supplemental scheclule from 7our filing officer.
VERIFICATION
....... i ........ _ 1, i i ,
! declare under penalty of perjury that lhJv'e USed all reasonable diligence in pre'P~ring this Statement and to
Executed on ,, _ . , ............. ,19____, at
All of the information required by this. form is mandatory, is required by the provisions of the
Political Reform Act, Government Code Section 81000 et se.~., and will be available to any
member of tl~e public upon request.' This information is to be used to reveal to public scrutiny
certain financial interests of public officials end employees in order to disclose potential
conflicts of interests and to aid in the prevention of actual conflicts of interests.
age 2
sT: ."30
· SCHtgDUL~ A- INYIgSTMI~NTS
Investments (o~ ~he type described in your disclosure category)owned by the filer, spouse and
dependeflt children aggregating Sl,O00 or more in value.
,~ - ? I ' ';'['- ....... _ .......... ,,[ [[ in [[ [ [
I~IAME o~
R ....
" . ......... ' ........... OlSKIIO ~ .[ ....
NAI'MI, E OF INTENInTI, ~::G.., c~MldON STOCK. 'pAn.r~inlulp INTEN~S1'. ETC.
,
---GENERAl. D'ESQ Ri~I'I~N
· .. DIIPOIED ., . I. _
HAMI OP' 'i:~TLYY -
C.MECK ONE
VALUE DOES NOT EX(tEED $1O,O00
........... . ........ _1 ii
VALUE DOES NOT S IQ, G00
VALUE ICXGEEDS SI0.C)QQ BUT
VALUE ~XCEEO, $100,OO0
¢..~:.~':o,& .................
VALUE DOSS NQ'r' EXCE:ED $I0.000
VAkUE EX~gr. OS ~blOqO00 IUT'
VALUE EXCEeDs St00,0O0
............... i i
t CHEC:K ONE
_ . , , VALUE DOES riOT EXCEED $1Q,0OQ
. _ ............ . ~ OISKSED I . ~4....,
_ ~ _ mil mill ~ mm ........ _ , , ~ ......... m Il I ~ mmmmm :_ ...... ~__.
,
SC~UI~ B - INTERESTS IN REAL PROPERTY
Interests in Real Property (of the type described in your disclosure category,) in wl~ich the filer,
spouse and dependent childred have an aggregate interest' of Sl,O00 or more in value.
' ....... ~ ...... '= _ Il II Il m l!l I I I L I , , ............
...... , ................... ~u~ ~o~
.......... . ........ , ......... [ ~ ooKs NOT ~Xc~EO
Ak ~ ~XQZ~OS 5100.0~
I
,
~ ~ - - -- 11 i , .......
I
.ATt, RE o,- ,N'~=~rr, ~:.(~.. r'c, urr',, o,,T,O~ ..... - '
ACCaUIRI~D J DATE
i
', ..... DOES NOT EXCE~O 3100,,0430
..
- - i_ l[ I I II I II l_
YA~UE OO~S NOT
t
t ~ VA[U~ ~xcz~os Sl0.~
oo~s NOT ~XCgZO $ I ~.~
i~ vAku~ ~xczEos S l0O.~0
~' ....... i iii i i ii i
See explanations on rever~e
Page 3
sTo.?3o · 9..'so~
·
·
-,
..
Schedu I e A
INVESTMENTS
"Investments" are any ownership interest in business entities. The most common kinds are
stocks in a co~oration, partnerships and sole proprietorships. Reportable investments do not
include bank accounts, insurance, policies, government bonds, interests in a diversified mutual
fund registerod with the $.E,C. under the Investment Act of 1940 or a common trust fund created'
pursuant to Section 1564 of the Financial Code. if you are a beneficiary or maker of a trust,
consult tl~e detailed Instruction Manual or your agency's legal counsel or filing officer.
Schedule B ·
INTERESTS IN REAL PROPERTY
"Interests in real property" include ownersl~ip interests, options to purchase, and leasehold
interests if ten years or mom remain on the lease. The value of a leasehold interest is the total
amount of rent owed by you during the period covered by the Statement. An interest in real property
is not reportable if it is your principal place of residence. However, if your principal place of
residence also is a place of business, e.g., a family farm or retail business, you are required to
disclose that portion of the property which is used in connection with your business activities.
Page 4
..
NAME ....
SCHEDULE C- INVE~~S & INTEI~STS IN REAL PROPERTY
HELD BY BUSINESS ENTITIES OR TRUSTS
investments and Interests in Real Property (of the type described in yo.r disclosure category) held by business'
entities or trusts in which the filer, spouse and dependent children have an aggregate interest of 10% or greater.
I I I I I I I I I III I I II~ I II I I I I Il IIII . Ill I I LC
iiiii _ . i ! _ iii ii i i ii [i _ i i iiii i · iii i i i _
IN~$TMENTS ~~ B Y B USAVE$S ENTITY OR TRUST
- "^"'='%. =h~TY .......
,4^TU,,E O,",NVE,TM'NT. E.~.. COMMON
-' CNEqJC ONE
VAL. UE EXCEEOI $ I0.000 GUT
{HECx ONE
I V
AI. UE [XCEEDS ~S 10.O00 BUT
DOES NOT KXCEmD $ IO0,O00
- , ....... i,
[] V
ALUE I:XCEEDI S I0,000 BUT
DOGS NOT ~XCEI:D $100,OOO
NATURE OF INVESTMENT,E.G., 'COMMbN"STO~:~C', PA'b"tNEkS#IP INYgXE:~, '~T(:.
~=NE.AL. Disc,,',P+i,~N o,, ,us',-Ess Ac~,v,TY ~ ACQU,RED
, , ~)!'~'=? ,., ! .....
HAME 0~' 'ENTitY ......
,,
CiG,HERA/. OI[SCRIPTION OF BUIINES! ACTIVITY
ACQUIRED
DISPOSED
D ATT
Il iiL I T
INTERESTS ZN REAL PROPERTY HELD B Y BUSEVE$S E,VT~Y OR TRUST
- 'S~N'~'~T A~'ONBSS OR PffE¢ldl' GOCATION Op PN~NV~ .............
NATURE OF' INTERESt, K,";,:,'"~UlTY, OPTION ......
, . i
ACQUIRED J' DATE
DtSPOm"O . .. t .........
! NJ~rURE C~F ~NT~'NEGT, E~., ~G~UITqr~:0PT'ION - -' -'
' I' ~e= .......
[~ AcQu'"ED I "
DISPOSED j _. , _ . . ~ ,,,
~N~K~T ADDR~$1 ON P~K~S~ ~O~ATION '~F PROPERTY -
NATURE OF INTZNE~T~ K.G.t K~UI~Y, OKION ........
~,..0 ,' o*,~ .......
I
~S_~s~m .... I .........
~-~ V'AI. UE ODES NOT ~2CCEED $10,0OO
,
ODES NOT
[ ~ 'VALUE EXCEEDS S l0,O00
i ii i
' '" "" ' ' CHBGIC O'J~B '
.. [---] VA~UE
NOT
I II i.
i
, II~.J 0063 ~OT EXCW'~o SIO0,O00
i
See explanations on reveMe side
Page 5
s~c~ 730 :~,'.~0)
.
..
·
$chedule C
INVESTMENTS AND INTERESTS IN REAL PROPERTY'
HELD BY BUSINESS ENTITIES OR TRUSTS
If you, your spouse and dependent children collectively own more than 10% of a busines's entity,
yoLJ must report your pjr0 rata sisera, if worth $1,000 or more, of any investments or interests in
real property wl~ich are held by the business entity. You must provide the same information that
is required for any o, ther .investment or interest in real property, If you are a beneficiary or
maker of a trust, consult the detailed Instruction Manual or your agency's legal counsel or filing
officer.
Page .3 .
STO ?~.o .~./ao~
NAME
SCHEDULE D -INCOME (OTHER THAN GIFTS AND LoANs)
Income aggregating $250 or more from reportable sources of income (o[ thC type described
in your disclosure caIegory).
~usijlLst ~GT~r~ 0,, souncx o,, ZN~MK, ~F' ~lv ' -- ' ......
~IlCNiP'~IC~N 4~F''~'NI (:~)~ISlOINATIOH'"~'~QR-'#NI¢)I IN¢oM'K 'Y~AJ JIiCKIYID - '"
_
II I Il - _1 I [ lB --- _-----II I ---
(:N~ GZC QNK
$.1.0,000
c.'='~:x O"= ................ ' ......
S~.OOO
~ OQIS NOT ZX~ S~Q.O00
Ill II
S-XOtOQO '
. I I II II I IIII I II ~ ~ I I I Il I ~.
II Ill I I Il I ..........
_~_~ G X ON~ ' -
~ S&.QGQ "--
nUT OQ~S NOT eX~O S~O.O0O
SXO.OOO
. i u c_ i ii, i.1 i _ i u ii i . ~-
i i i i i i jll! i ~l ~ i i i i _ ii il i ill
i Il I I Il I I I · i ,.~,~],,,.~ · · - -
, .c-=cX on= -~--'
. , . ~ SA.GO0
....
$lO,OOO
- i i i
Ill ~ -- i J
1
A~OUNT on YALUK RiCmtV=:) oeo NoT =xczzo
SX.OOQ
,
~.XO,OOO
i Il_ I I ~ , _ il ~
I I Il_ I I Il I I I I Il I -- _ I I --I ' ''
See explanations on reverse side
Page 7
s'ro 730 ~9/ac~
Schedule O
INCOME (OTHER THAN GIFTS AND LOANS)
The most common forms of income, include salary, wages, interest, and the proceeds from sales,
including sale of yourhouse or car. Your income includes your community property shareof your .
spouse's income. Reportable income does not include salary and reimbursement for expenses or
per diem received from a state, local or federal government agency; dividends, interestor other
return on a security registered with the S.E.C.' payments under an insurance policy' interest on
bank accounts or bonds' income of dependent chi Idren' alimony or chi Id support payments; redemp-
tion of a mutual fund' any bequest or inheritance: or any payments receivedundera defined benefit
pension plan qualifiedunder Internal Revenue Code Section (401 (a). If you or your spouse is a
beneficiary or maker of a trust, consult the detailed Instruction Manual or your agency's legal
counsel or filing officer concerning the reporting of income to the trust.
Pnge 8
?30
/5?
dp .
· .
· NAME,
SCHEDULE E - LOANS
Outstanding loans, and loans received aggregating S250 or more from any reportable
source of income (of the type described in your disclosure ca~eflory, ).
, . ~1.. i il C ........ · i il
NAMe: DP' t.~_,N0~R
NAM~ o~ ~,ENo~'~
I I I Ill I I Il l I_ I _ in I I I
..
AOORI='~$ OF' t,.~,NOl~'~
~US, N~SS -~'C T~ V, TV" O'~ ,..~NC)~k .........................
StCU~qITY ~bR '~.bAN " '
NON~: [ °,~AIO
i i ii Illll - .1..
I Il [1 Il
· · _ Il Jill . _ I · Iin-
I , , _ . ... .1
· '4ON E
.....
SCHEDULE F - GIFTS
il 1. - --
'"~..~:~ oh~' ':"' ' ' .... :'* ..........
r~ AMOUNT OWED :O~S NOT ~X(~,~,,O SI,~00
OOE:S NOT ='XC~'~;:3 $1O.oGo
AMOU.~I T OwE;o
/ iii ii
il .... , _
E ~ NON ~
_ _
AMOUNT OWE:O OO~:S NOT ~XGE:~:D SI.00Q
AMOUNT' OW~ ~XC~,~DS $1.000 8UT
OOE:S NOT EXCE~O S10.300
AMOUNT OWeD ~X(:~:E:O$
Sl O,,:)O0
I NTE R~ST ~A T~ r'~
.,a-~ec~ o~i~ ..................
UD ·
AMOUNT
~)C)ES ',lOT c_XC-e'~_:3 $I0o000 ·
$I0,3QO
,N"r~.;.~s aA T~' .........
NOt,
Gifts aggregating S25 or more from any reportable source of income '(of the type described
in your disclosure category,).
NAME: OF CIONOR
VALUE OP GIIeT
.?
DESCRIPTION OlIp GIFT
NAME' OF DONOR
- 1,, j ,, il i i it , , ,
BusS, DsS ^c"nV,'rY o,. "o"0., ,,.
NAME: OIe DONOR
· {noNE:ss o,. Dot'OR
See explanation~ on reverse ~ide
Page g
sTo ?30 c2/8o~
Schedule E
LOANS
You must report all outstanding loans and loans received.at the highest amount owed by you
during tt~e reporting period. Reportable loans do not include loans from commercial lenders
rn'acte in their ordinary course of business on terms available to the public without regard to
official $~atus if the loans'
(1) Were used to purchase your principal place of residence; or
Aggregate less than $10,000 from any one lender, including indebtedness arising from
retail installment or credit transactions,
Repor.:able loans also cio not include loans from family members°
Schedule F
GIFTS
Reportable gifts do not include food, drink or lodging proVided in another individual's home;
gifts apl~roximately equal in value e. xchange~d between you and an individual, other than a lobbyist,
on holidays, birthdays, or similar occasions, gifts of informational material~_s, not including
travel' gifts from family members; gifts which are not used and which within thirty days are
returned ~o the donor or delivered to a charitable organization without being claimed as a charit-
able contribution for tax purposes; or any bequest or inheritance.
Page I0
s'ro ?30 ,.e/ao)
Na~
SCHEDULE G- INCOME TO BUSINESS ENTITIES
Income from clients and customers (of thc type described it, your disclosure cat¢flor)'I toabusiness entity .in which
the filer and the filer' spouse have an aggregate interest or' t0% o~ more. '
NAM'~: Olmm' 81~ISIN~SS E:'I~I"TITY '"
·
i i i i i j i i~ i ii i . . ii i i i i imm - ~---~
N~AM~;S OF' CI,,.I~N ?$ '~i, NO ;~U.,~'TQMF.,i~$ ..........
........ , ........ i , Ill, ,, II I
·
~ .x~ 5'~ nus, N ggs "-_-N ¥I rv
Il I I I I Il I [ I [ · I I - - --
II i Ii , ,
..... ~=o~(ss '3 a~'-~i N'~ss' :-.~ ri r¥
J i
i! ·
, i i _ ,1 ...... i lU ,,, ,, · i
i Il I Il I I ! _ I I I II Il I :-- .I,. I . m
SCHEDULE H
NAM[ O~ ~N"~Tv
GI='NF_RAi. .~[$CJ::III~T'.ON OI= BI.I$1.~IF-,¢;$' ACT1VITY
BUSINESS POSITIONS
AC)ORE:SS ('JF' ~N T: TY
NAMI~' Ol= ~NTI T'f
'"co'Un .oe Fi-.-,_'~ c~'~ ;~osi ~'soN ......
NAMe- OF ~_NTI--Y
GF.,N~RAt.., Dc-$C;qlm Tt(::.N 01~ ~L.I$1,~4~:S~$ ACTIVITY
See. explanations on reverse side
Page ~.
ST'I::) '/30 '9
Schedule G
INCOME TO BUSINESS ENTITLES
If you and your spouse collectively own 10%'or more of a business entity, you must report the
names of those clients and customers who provide so'much in gross receipts to the business en-
tity that your pro rata share (including your community property interest in your spouse's share)
is $10,000 or. more. No information is required to be reported about these'clients and customers
other than their 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.
Sct~edule H
BUSIN'ESS POSITIONS
You must report the reauired information with respect to any business entity for which you are
a director, officer, parmer, trustee, employee or hold any position bf management if such infor-
mation is required by your ciisclosure category.
Page 12
Please detach these instructions from the form prior to filing.
INSTRUCTIONS FOR COMPI..ETION OF THE FORM 7:30
STATEMENT OF ECONOMIC INTEREST'
GENERAL INSTRUCTIONS
Your agency has adopted a document called a "Conflict of Interest Code." People covered
by the Code 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 ;[bout reporting which are not answered in these instructions or those
contained on the reverse side of eac~ schedule, consult your agency's filing officer or legal
counsel who have been provided with a more detailed manual by the Fair Political Practices
Commission.
ORGANIZATION OF FORM
The Political Reform Act provides that four general types of interests may be made re-
portable in conflict of interest codes: Investments, interests in real property, income, and
business positions (which include being an employee). With respect to The first three of these,
the reporting requirement extends'not only to your personal interests but also to interests held
by business entities or trusts of which you and your immedia'te family own 10% or more. The .....
schedules separate personal and business-owned interests as follows:
PERSONAL
BUSINESS-OWNED
Investments Schedule A Schedule C
Interests in Real Property
Schedule B Schedule C
Income Schedule D Schedule G
Loans ' Schedule E not applicable
Gifts ' Schedule F not applicable
Business Positions
Schedule H
not apl31 icabls
'Loans and gifts must be reported when your disclosure category requires income to be re-
ported. They are reported on separate 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
$T1::3 730 (9:'~0~
HOW TO FILl_OUT THE FORM 7:30
Step 1'
Step 2:
Step 3'
Ste.D ~.:
;leo 5'
Steo 6'
Step 7:
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 Statement, 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
between 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 deaaline 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 modify 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& 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 I, 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).
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 [3, E,
F andG.
Consult your disclosure category. If it does not require the reporting of any of the general kinds of interests
covered by ~.he form, turn to the sum. mary page and for the schedule for that kind of interest, check 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 13ox entitled "Not applicable to my disclosure category" for Schedule H.
if you have not alreaciy checked Schedules C and G "not applicable" and if you, your spouse and dependent
chi laren 3o not collectively own. 10% or more of a business entity or trust, check the box on the summary page
marked "'No reoortable interests" for Schedules C and G.
With respect to the remaining.schedules, determine if you have any interests of the.., ki.nd described in' y0u...r .dis-.
closure c~;egory. If not, ch.eck the box on the summary page .marked "No reportaDle interests." N0~F_.--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 proper~y held by your spouse and dependent children 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 subject to
·
your agency's authority. Real property is deemed to be located within the geographical area sub.j,ct 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 :~e agency.
If you have reportable interests, you must complete the 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
insteaa of filling out a whole new schedule. For each schedule containing reportable interests, mark the box.on
the summary page entitled "Schedule completed and attached."
S.ig.n' the verification, and fill in the date and the city where you did so.
SPECIAL REPORTING PROBLEMS
.
Reporting Rental Property: tf you own an interest in rental property directly (i.e., not through a business
entity such as a partnership, corporation, joint venture,' etc.) you should as a general rule, report the prop-
erty on Schedule B, the total amount of rents as income on Schedule D and any tenants who pay rents of
which your pro rata snare is $10,000 or more on Schedule G. On the other hand, if you own 10% or more of a
business entitywhich owns rental property, you should report the business entity on Schedule A, the property
on Schedule C, the total amount of rents as income on Schedule D, and tenants who pay rents of which your
pro rata share is more than $10,000 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 Do You need not report either the property or the tenants.
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 for reporting instructions.
Page
$'r~
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iJ .... [i . ill
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 _.d isapprove .of, said~ _..com-
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 within thirty (30) days of the date hereof.
Dated:
By
C'i t~ -C i ~rk ....
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. 81-60 was duly and regularly introduced, passed and adopted at a
regular meeting of the City Council held on the 18t___~h day of M_9~, 1981 by the
following vote:
AYES : COUNCILPERSONS: Sharp, Hoesterey, Edgar, Kennedy, Saltarelli
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
City of Tustin, California