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Home My WebLink AboutCC RES 79-276 8 9 10 11 14 15 !6 19 ~0 21 25 ~6 ~7 28 ~0 RESOLUTION NO. 79-27 A RESOLUTION OF THE CITY COUNCIL, CITY OF TUSTIN, CALIFORNIA, APPROVING THE CONFLICT OF INTEREST CODES OF THE DEPARTMENTS AND AGENCIES OF THE CITY OF TUSTIN APPLICABLE TO DESIGNATED EMPLOYEES THEREOF. The City Council of the City of Tustin, California, does hereb~ resolve as follows' 1. The City Council finds and determines that the Conflict of Interest Codes of the Departments and Agencies of the City of Tustin Applicable to Desig-... nated Employees Thereof have been adopted by the various departments and agencies of the City of Tustin and that said Codes are in compliance with the requirement~ 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 and Agencies of the City of Tustin Applicable to Designated Employees Thereof heretofore submitted for the departments and agencies of the City of Tustin hereinafter set forth, copy of which said Codes is attached hereto. The departments and agencies for which said Codes have been submitted, and are hereby approved, are- a) Administration b) Legislation c) Community Development d) Engineering e) Maintenance f) Recreation Department g) Police Department h) Community Redevelopment Agency Tustin, ~EST ' PASSED AND ADOPTED at a re_g~lar meeting of the City Council, City of California, held 'on the 2nd day of April, 1979 ITY CLERK 3-79 :. AI.:'.I'] (:1,1'~ I · ,qi':(j'J'lO:~ 1.1.l~;';"c"'O'. ...... Pur"ll'~l}[. to [)1o t3~'ov~;Jol~f; off Code S~,ct:/ons 87300, at: :-:c:q., the c](,pav~;nc~ts ~nS' a,je~cies of t:]lo Cit of Tu~;tin hereby adopt t]]e follo%~ing Conflict of Ii]retest Codes. Not])~ng contaC, ned }:erein is intez~dc.d to ]:;odify or abridge the of %lie Political Reform Act of 1974 (Gover'nln(,I)t Code Section ill00). ' Thc provisions o~ this Code are'i]) addition to Government Coue See,lo 87100 and other laws pertaining to conflicts of interest. E:~cept' as otherwise indicated, the definitions of sa~d Act are regu].ations adopted pursuant thereto and incor?o~.'atcd ]]creJn and this Cod~ si]all be i]]terpreted in a man]]er consistent t}]ercvzith. SECTIOI,~ 1.2 Severa}.)il~t%~- If any article, section, subsection, paragraph . _ ' , subparagraui), ~entence, clause or pi]rase of th:,R Code is for any reason held to be invalid,' unconstitutional or unez{~orceable, such decision sha~l not af ~ ' -. - ~ect the validity o~ the remaining portions of this Code. ?lie City' 6cclares that it would have adopted this Code and each article, section, subsection, paragraph, subparagraph, sentence, clause and p]~raso thereof irrespective of the fact. any or more of such portions of thi~; Code be dec].arcd invalid, uncon- stitutional and unenforceable. SECTION 1.3 Effec%ive Date- R'his Code shall take effect upon its approval, by the appropriate Code Reviewing Body. SECTION 1.~ Definitions- As used in this Code, unless the con~e>:~ o~.e~is~ clearly mm~lies, %he follo~in9 words and terms ~ha~l have tl]e meanin.us set forth herein. . (a) Business entity- "Business entity" means any organ-- ization or enterprise operated for profit, inc!udin, g but not lin]ited . to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or. association. (b) Consultant- "Consultant" means a position establJ, shed . 'by contract with the City pursuant to which contract information, advice, reconunendation or counsel i~' prov;deal to t)~~ C;ty; provided however, %hat "consultant" shall not include a position in wh'~ch the person providing such information, advice, reco;mnendation or cou]~sel- (1) conducts research and arrives at conclusions with respect to his or her rendition of infor~nation, advice, recomJaend- ation or counsel indo~endont of the control and directio]% of th~ City or of any City official, other thaI~ normal contract mon- itoring; and (2) t~¢):; :~,._. :; sc, ,.' ~,o aut]~(~ ~ty witl~ r~ :peet tc~ any City (c:) Co~3~tx" Cc:~:ty" ~n,'::~n', t.l~e Cou~',!-v of 0~-,.~ Uo · (d) D(::.;.~.(~;~t:ed c.{,;c, lox.:ee' "Dcs~gnatc"d e~p]oy~':c;" means person l~olding c, dc.,;ig:~ai't'd pos'~t~on or rc~prcse~ti~g a business entity wt~ich t~olds a designated position with tl]e City specified Designated positions may involve the makJ. ng of decisions wi]ich may effect on a financial interest of ~o ..~, J. t i on. ,'Designer'.cd position" means a j.~ Exhibit "A" attached hereto. the making or participation in foreseeably have a material the designated employee holding such position. (f) Disclosure statements, statements disclosing reportable 2.]. "Disclosure statertents" mean j.~terests required, by Secti¢.~n to be filed by designated e;r. ployees. (g) City' "City"mc~%s the City of Tustin. (h) Reportable interests' "Reportable interests" means · investments, interests in real property and income required to be. disclcsed by designated emp!cyces. "Reportable interests as to any particular designated employee means those categories of such interests assigned, by Exhibit "A" attached hereto, to. the designated position held by such employee. ,, the City Clerk of (i) City Clef)!' "City C!er]' means o City of Tustin. the definitions containc- (j) Exce:ot as otherwise indicated, in the Political Reform Act bf 1974 (Government' Code Section 8].00u, et seq.) and regulations adopted pursuant thereto are incorporated · into this Conflict of Interest Code. ARTICLE II -- DISCLOSURE SECTIOi; 2.1 (a) Disclosure Statements. Each designated employee shall file an initial statement and annual statements disclosing those reportable interests in the catecjory or categories of reportable interests, more particularly described i~ Section 2.5~ which are · assigned by E:<l~ibit "A" hereof to the des. ignated position held by sucl; employee. Such state~nents shall be. filed at the piece .~Decificd in Section 2,2 and at the tithes specified in Section 2.3 a~d Section 2.4, sl~all co~tain the infor;u,~tion t;[.,c.c~ficd in ..... S¢,ct'.]on 2.6 th-'ougt] Section 2.8, and shall be in t]~e form :;l)ecif ~]] Sectio:~ 2.9. -2- }~os.i t.~.o]~ :;]~ ] ]. f.~ ].e on].y, one (1) di:.'c].o.;ure sea t(:z;:c~z)t, on ti)at d.i~;clo"t~r(.~ st:at.(~n~t: all of tlle d~?signated })old by $]-;C'I'ION 2. 2 P].;,ce of 17.] ] i Ali. design:,ted e]nployees required to sub:nit a stat¢:]~,ent of financial int. erests si]ali, file the original with the City Clerk. SECTION 2.3 Time of Filing Initial State:nent- (a) In Ge~eral. Each designated c]aployee shall file an initial disclosure staten,ent within thirty (30) days after the . effective date of this Code. (b) 0ther___E:ap].oyees. Each employee who is not a civil servics employee, who assumes a designated position more than thirty (.30) days after the effective date of this Code shall file an initial disclosure statement not less than ten (10) days before assuming such position, unless an earlier assumption of such positiOn required, in which event, the initial disclosure statement shall be filed within thirty '(30) days of assuming the designated position. (c) Section 2.3 sbal! 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 co?.foz~ to the disclosure and filing provisions of Govern~n. ent Code Sections 87200, et. seq. - SECTION 2.:I Time of Filing Annual Statements. An annual disclosure statement shall be filed by April 1st of each year by each desic..':ated emp oyee v;het]]er or not such reportable interest was disposed dur{ng suct~ calendar year and whether 6r not the designated filed an initial statement pursuant to Section 2.3. Annual State- ments shall cover the period of January 1 through December 31 of the calendar year preceding the staten;ent. Section. 2.4 shall not be applicable to an.v designated employee required to file under the provisions of Government Code Sections 87200, et seq., but such designated employees shall conform to the disclosure and filing provisions of Government Code Sections 87200, et. seq. o SECTION 2.5 Time of Filino. of Leaving OffJ. ce Statements. Any designated employee who leaves his office or positJ, on shall file a disclo:.;ure stat(:ment within thirty (30) days of the effective · date of leavJ, ng tile office or -3- S]-:CT] £)I,] 2. 6 are dJvj. ded real (;.~) Catcg¢)ry I- l~t-,.,re:;t-:; Jn R, ~I',C)z't4~bl e iht R:,;I 1 ]' ]-o; )~.~ r t:,,'. prol~erty ~]'e r(:t)ortab].e iz~tc.r(..~.';i:s if- (1) located t.l~e real p.ropez-ty in part or in whole- (B)'. (c) I n t:ere:; {-..:; i n %o w]~ic:t~ the iht-crest pertains is (2) the fair market value of the designated employee or his or her spouse One Thousand Dollars ($1,000.00); and · (3) the interest is either- (4) within the t.)ou~]daries of the City, or wit]~in tv:o (2) miles of the boundaries of the · 'City, or withi'n two (2) miles of land located outside of tl~e boundaries of the City which is owned or used by the Ciky; and interest of the is ¢;rcater than a leasehold, beneficial or ownersitip interest held by the designated employee or his or her (c) spouse, or an option held by the designated employee or his or her spouse to acquire such an interest, or an 'interest or option held by a business entity or trust in which the designated employee or his or her spouse owns directly, indirectly or beneficially, a ten percent (10%) interest or greater. ~he principal residence of the filer is not required Investments in business to be reported. (b) Category II: Investments. entities are reportable if- (1) the business entity, including parent corporations, subsidiary corporations or othez-,.zise related business entities, (A) has an interest in real property located in part or in whole wi%tin the bou,']daries of the (B) (c) City, within two (2).miles thereof or within two (2) miles of land owned or used by t]~e City, or does business or plans to do busi]~ess the City, or ]]as do~e bt~sj, ness wit'.tin tile Cit.y ~t any dur~.],g the two (2) years pti. or to the t.J~::.._- 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 spouse ~s greater than One Thousand Dollars ($1,000.00); and - (3) the investment either; (A)' is held by the designated employee or his or her spouse and constitutes a financial interest in, or security issued by, the business entity, · including but not limited to con%~on stock, preferred stock, rights, warrants, options, debt instruments and any partnership or other ownership interest; or (B) is held'by any business entity or trust in which the designated employee or his or her spouse owns, directly, indirectly or beneficially, a ten percent (10%) interest or greater, and constitutes a financial interest in, or security issued by, a business entity qualifying under paragraph (2) above. E_xCEp~T~- 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- (l) the source of income was either- (A) a business entity located or doing business as described in subsection (b) (1), or (B) an individual residing within the City, or (C) a non-profit association or corporation having its principal place of business within the City; and (2) either- (A) the aggregate amount of income received by the designated employee or his or her spouse from the source durihg the period covered by the. disclosure statement was Two Hundred Fifty Dollars ($250.00) or more in value, or -5- (3) tt:c: (A) if di:.;c] l-l~e il](;'o~]1c.~ %': m ~ ~ ~ ~ ~ gift rcceiv('d by the duri~g t)~e t~<.r]od cov~.);ed by (.l~c: or more; ~d %:as T~.:c~ty-Five l)ol]ars ($25.00) income ;.:as eitl]er received by- the designated e]np]¢~yee or )~is or · rc'ceivc.d by any bt!SiI%C:;S entity or desig~a[:Cd whicl] tl~.e . spouse o-,-;]%s, ially, a ten prov ided, income i s in tl]is paragraph of paragrap]~ (2) , pro. rata share of his or her spouse entity or trust. received c]]~i~loyee or trust ] n hi s or directly, indirectly , Olr benefic- percent (101%) interest o~ greater, that in t]]e event that the by a business entity described (B) , the value, for the pu of relates to the the employee or in of the business the income designated the income INCONE ]iNCI,UDES, except this subsection, incom'e of any to the extent e>:cluded bi, source, including but 'not limited wage, advance, payment, dividend, capital gain, return of capital, gift any gift of food or beverage), loan., or payment of indebtedness, discount of anything of value unless the discount is to m~b_rs oz the public :.;ithout regard to status, rebate, reimbursement of expenses, or contribution to an insurance or pension paid by any person other than an employer. INCO~.~E DOES NOT INCLUDE- (1) campaign contributions required repo~ted under Chapter 4 84100) of Title 9 of the (2) salary and (com,mencing wi th Government Code; reimbursement for nature from any to any salary, interest, rent, or per diem received from a state ment agency and reimbursen',e~t for and per dj. em received from a bona academic or charitab].e orcanization; (3) gifts of i]]formatio~]al material, as books, p3:F. pl]].ctof;,l reports, ca3endars or pc: r 5 od i c: a 1 .';; - (including forgiveness in the. price' avai].ab!e cfficial per diem, pro~jram to be Section expe. nses or local govern- travel expenses ._~ide educational, such: -6- (4) g:i£L'- wl~i,.."}~ ~,~.'c: not: ~:-ec'] and wJ~.l~.i~ t.}~.i~-I.~' (30) d;~y,~: ,'~fl.cr r~.ce.i, pt, ~rra rekur~d Lo wit'}~c'~ut ]~,J.~,.: clail~od ~s a c]l~r.itable c:o:~t, ribuLion for ta~:. l~urpo,'eso; (5) gifts from an patti]t, gra~d?arcnt, grandchild, ir~-la.., brotl]er-in-law, sister-].~,-law,.. ~lunt, uncle, or . first cour;in or t}]e 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 inter;nodiary for any person not covered by this paragraph (5); (6) any devise or inl]eritanco; (7) interest, divJ. dends or premiums on a time or de,hand deposit J.n a financial institution, sl]ares in a credit u~ion or any insurance policy, payments received under any insurance policy, or any bond or oti]er . debt instrument issued by any govern~nent or government agency; and '(8) dividends, interest or any other return on a security which is registered with the Securities and E>:change Cc;~missJ. on of the United States Government. (9) other than a gift, income received from any source outside the jurisdiction of the City and not doing business within the jurisdiction of the City, not planning to do business within the jurisdJ, ction of the City, or not having done business within the jurisdiction of the City during the two (2) years prior statement or other action is required to ihe time any by this Code; (~0) employer if' all indiv.i.d~al's spou'.:e, civil , brother, sister, paro. nt- . income from a source which is a former income from the employer was received by or accrued to the designated employee p'rior to the time he or she became a desic3natc:d employee, the income was received in the normal, course of the previous emplos-:n-nt, a~]d there was no e>'.pectation by the desig- nated, en%ployee, the inco~t,e was received in the nor~.al course of the ?rovious employment, and there was no e>:pcctation by t~e designated e:n.:.~ ]. os, ee. that he or she ansun~;.:d ~,.!]e dc:signaLed position of renewed c-.mploynncnt with t}~c: for~n.:.r cr..?]os;cr.. : . -7- · . t]~c]'c~n, ;~cl .i.~lc:c,:'ic i~c.l.t~..]t:d .iii C,:t't:tiory III f~.'c,n] I)I]';~.]~C':S~' t'~llit.ies SUPl)].i(:,~, mac]l.i.~,t.:.ry or cqu.i.])ment. ()f tl~c t:yl.)e xlti.]Jzod by t:he City. (e) CaL(:(J(),'y V- Co:~trnct:orr:. Ca~c,c~orv V i~]cludes invest- n:ents ].~clt~lc:d ].~ Category II i~ 1)~:'~J~e:;~; entities described tl]ereJ, n, and inco:~e ].nc].~ded entitJ, os described therein; . or subcontractors en~agcd in the performance of work or services of the type utilized by the City. (f) Catec!o]-y VI- Financial Inst.]tutions. Category VI inc].udes investments included in Category II Jn business entitic's described therein, and inccin:? includcd in Category III frc)m business entities thercin, if suct'~ business entities co~]stitute banks, savings and loan associations, insura]]ce companie'~, investment' companies, title co:np~n~es, financJ, al consultants or data processing firms. in Cat~,gory III from business - if sucl~ bu'lincss entities are contrac~°"rs SECTION 2.7 Content of Disc!osu'-e $i:ate.?.ents; Category I. Dis- closure statements required-to be filed for reportable interests specified in Category I shall contain the following information- (a) (b) Ti~e address or other precise location of the real p"operty; A staten'~ent of the nature of the interest in the real · proper ty; (c) When the real property is not used principally as the residence of the desJ. gna'ked employee ~n~r~ing the filing, staten~ont of ~ - w~,ether the za~r market value of tile interest exceeds Ten . Thou'sand Dollars ($10,000.00) and %.;hether it exceeds One Hundred Thousand Dell'ars ($100,000.00); and (d) I.~ the case of an interesh in real property %~holly or partially acquired during the period covered by an annual disclosure statement, the date of acquisition and, if such interest in such property %.gas disposed of durJ. ng s~h period, the date of disposJ, fiion. SECTION 2.8 Conte:]t of Disclosure Statements.;~C~,te~or, y II and Related Cateoorj. es. Disclosure statements required to be filed for relportab].e i~terests specified in Ca[:egory ii and investments ' specified J.n Cateuories IV, V and VI s]]a%l contain the following iii formation- . · (a) The name and add,ross of the busil]ess entity in which each invest~r~ent is hold; . ' (b) A ge:~cra! description of t]:e business activity in ~<hich t})e bu,-~nc.cs e~tity is enuaged; - . . -g- (C) A :;[:at'~'Jn~':]~t of L]le z~at.~]z.'¢: of the J~ve:;tment; (¢1) A :;t;]tt~t~c:~t of. it c>:c¢'od'; One llt~]]tlrcd Tl~ou';,~nd (e) In tl~e ca:;e of i~vestnc~'~['~'; wt~olly or partially acquired during the t~eriod covered by an an~ual disclo:.;ure statement, the date of acquisitio:~ a~]d, if st~ct] interest in such property was disposed of during such period, the date ' of disposition. SECTION 2.9 Content of Disclosure Sl-akement; C;~tegorv III and Related cate¢~ories. · Except as to an initial disclosure statclp, ent for whic}] income sources i~¢?c:d not be reportt':.~d, interests specified following (a) (b) disclosure state~nc?~]ts required to be specified in Category, III in Categories IV, V and VI information- filed for reportable and income sources shall contain the The name and address of each source of income; A general description of the business activity, if any, of each source; (C) A statement whether the aggregate value of income from cacti source ~'as greater than One Thousan~l Dollars ($1,000.00), and whether it v;as 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 v:hich the gift was received; (f) In the case o~ income of a business entity, in which the designated employee or his or her spouse owns a ten percent (10%) interest or more; (1) name and address and a general description activity of the business entity; (2) if such business entity provides legal or brokerage services, the name of every, natural person,. non-profit association or corporation and business entity who paid fees to sucl~, bu:;iness entity if the pro rata share of the designatcd employee or his spouse of suc]] fees was One 'fhousand Dollars ($1,000.00) or more; and ' (3) if st]cl] business entity does ~lot provide lcgz~], or brok<:~'~:9, e services, tt~e name of c.vc:ry natt].~;,1 -9- ]~t'~':;o~], ~n.-I~rofJ. t ;~:':;o¢:iatioJ~ or ¢-o~'l,¢-,r.~tJon., and bu:;i~]~,:-s (:)~t.it5' fz't>~:, ~'],o~t :;t~c'l] l)~]';J.]~¢~:'~; I';~tJty rc,cejvc~d l~;~y~nc:nt~- i.f t'l,e l,rO r,,i.'~ ~']~:,.t'e c,f t.llc d,.'.'~;i?~,;,i'~,d c.;;t!~]t)y('e or his or ]lcr [;t~ot]"c' of g~'t~e;S l-ecc:i.l.~ts fro~a ~;~cl~ t)crr;on, non-l)rofit ;~s~-oci. atJc>n or corf,o~'ation, or l'>tit;i.l]ess entity was Ten 'l'l~ou:;~,~ld Dollars ($10,000.00) or ]note during any calenditr ,year t:,artJ, ally or wl~olly covered by the d;sclosure, stat-t, mu~lt bc.ing fi].ed. SECTIO:: 2.!0 For;n o~ Disclosure Skatc.:nents. Disclosure statemc:;]ts required to be filed hereunder for any category of reportable interests sha].l be' substantially on supplied bs' tile CJ. ty Clerk of the City.of Tustin. the forms ARTICLE III '- DISQUALIFiCATIOI~: SECTION 3.1 Ge:hera! Rule. Designatc. d emp].oyees have a conflict of interest and sh~!l di'$qualify themselves from making or participating in the making of any governmental decision when it is reasonably foreseeable ttiat the decision %;ill have a material financial effect, distinguishable from /ts effect on the public generally, on a financial interest of the designated employee. A desi-gnated employee st]all not be required to disqualify himself with respect to any matter ;~,hich could not be legally acted upon or decided without his participations.. ' ..... SECTIO.N 3.2 Making Governmental Decision- Acticns Incl~ded. A designated employee makes a governmental decision, wi=l.in.~- · 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) (d) the City; (e) Determines not to act, within the meaning of sub- section (a) through subsection (d), unless such determination is made because of his or her financial interest. %'?hen the determination not to act occurs because of his or her financial .interest, ttie designated e]nployee's det(:rmin- at_ion must be accor.;!~ani.¢:d by disclosure of the financial interest ]hz:cie part of tile City's official records, or made in wr.it~ng t'o the dc's]r, jna tc. d c.~-;'~'loyoe':; :;u!~erv~3:or or a'!'~i~oJ nti~;g t'~o:.:er, a.q ~:i',pro]>rJ ;,to.., Obligates or commits the City to hny course of action; Enters into any contractual agreement on behalf of or D/;C'I'.I ON 3.3 d,,,".i ~:~'~ L('d ~.~:l~l oy(.'( d(,c ~. ';.ion wi. LI'~ i n . (a) N~:got.iatcs ~,'].t:l~o~t significn~t subst:a:~tive review, witt~ a gc~vcrn~nc'~][..al e~]tity, or private person regardinU rite decision; or (b) Advi,;es or makes recomraendations to the decision ~aker, eJ.t)]er dirc, ctly or wit]~out significant inierveni~g substantive ' revi ew by- · (1) Conducting rese~,rch or investigations which require the exercise of judgment on the part of the designated employee and the p~rpose of wi]ich is to influa~%ce the decision; or (2) Prepari~g or presenting any report, ana].ysis or opinion, orally.or in writing, which requi.res the exercise of judgme~]t on the part of a designated emp].oyee, and the =luence the decision. purpose of v;hich i's to in~ SECTION 3.4 !'-'..aking or Participating in Decisions; Actions E;:c]l:ded. ~-:akJ. ng or participating in the ma,xing of a governnnental 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 en~p].oyee as a member of the genera! public before an agency in the course of its prescribed governmental function to represent himself or herself on matters related solely to his or her personal interests; or (c) Actions by a designated employee relating to the compen- ~ sation or nhe ter]ns or conditions of his or her employment or contract. SECTIOi< 3.5 Financial Interest. A financial interest as used in this Article r~eans- (a) A direct or indirect interest in real property as described · in Section 2.5(a) if such interest is worth more than One Thousand Dollars ($1,000.00:); (b) A direct or indirect invest~.nent as described in Section 2.5(b) if such investment is worth more tl~an One Ti'~ousand Dollars o oo0.00); (c) A source of income as described in Section 2.5(c), other than a loan by a co~anercial lending inst.itution in t)]e regular cour:~e of bu,~inc.:~.s, if such inco:ne ago'recjates 5~vo tlu~dred Fift'y Dc)liars ($250.00) or more in va].ue received by or promised to the ~(..~:J~.:.natc:d c.-~)]oyc:e wit]~in tv:elve (12) ~:;¢)-'%.t~:; !)r~or'to the ~;l~:;~ t.l~~. ~l(.t:.i:'~on r~?f~..~.'recl Lo jn ".;c:ct.io~ 3.1 i~; ~acle~ or a di~, .'tot, office':r, l':trl'.~er, l'ru:;tee or e~ui~loy(,(~ or ]~ol For tl~e l)Urpo~;e of this' Sec('Jon, i~(lirect iz~vestment or interest ~neans any ~.nvest~nc~t or interest owned by the sI)O~Se or c]c~]',e;~dent c:liild of a dc,,signal-c:d e~p].oyee~ by an age~t on bel:a].f of a designated el~plo,:,ee, by any business entity contro]l.ed by the desiun~ted e'aployee or by a trust in wl~ich he has a sub~stantial interest. ~ busine~s entity is co~ltrolled by a designated e;:~ployee if the designated em?].oyee, his agent, spouse a~d dependc~nt childre~l hold mor~ i'.han fifty perce~t (50~) of tl~e ownership interes~ in ~]~e entity. ~ des;iunuted umployee has a substantial interest in a trust ~.:hen the emp].oyee~ l~is spouse and dependent children have a present or future interest worth more than One Thousand Dollars ($1, 000. 00) . SECTiO..'{ 3.6 7~.ffected ~'.~ateria].].v. (a) Standard of Determination. The financial effect of a governmental decision on a financial interest of a designated en?lo_vee is n~aterial if, at the ti]ne the desiunate, d emplo]'ee.r.e, kes or participa~.tes in the n~akj, ng of a decision, in light of all the circumstances and facts knov,'n at the .' tithe of the decision, the designated emp].oyee knows or has reason to know that the existe~ce of the financial interest might inter=ere with the designated employee's perfor~nan¢:e of his or her duties in an i~npartial manner free from bias. (b) Circumstances to be Considered, In determining the existence of a material effect upon a financial interest, the designated e~nployeo shall conside~ relevant factor= including but not limited to the following: (1) In the case of any real property in which ~he designated employee has a direct or indirect interest worth more than One Thousand Dollars ($1,000.00)- (A) %.;tether the effect of the decision %.~ill be to increase the income-producing potential of the real property by One I. Iundred Dollars ($100.00) or five percent (5~-) per month, which ever is less; and (B) ~.:l~ether the cf lc-ct of the decision will be to increase the fa'ir market value of · real proi~erty bs' O:~e 'j'~ou~..:and Dol].ar.~; ($1,000.0'~) -12- or xnor¢: or ]>y five i~¢.rc(,nt (5%), %.:]~.ic]~cvur is g r.t,,'~ t ('~r. d(.'~;JiTi]at,3d <~:,?].oyc~o ]~.',s a dir(.ct or Jx]~].ircct .i.x~vo:]t~nent %.:ortli ~:~ore titan One ']'}lousand Dollars ($].,000.00) , or in the case of a del;ignated c~;]i)loyce, wino J s a dj. rector, officer, partner, trustee, e~nplc',yee, or ]~o].ds any position of manage- ment J.;l a business entity- (A) %fi]ether the effect will be to increase or decrease the annua].ized gross revenue of the business' entity by one percent (1%) or more or the annual net income of the business entity by five percent (5%) or more; and (B) whether the effect of the decision will be to increase or decrease the assets or liabilities of the . business entity by Fifty Ti]ousand Dollars ($50,000.00). or more, or by five percent (5%) of its current assets or liabilities, - whichever is less. (3) In the case 'of a source of income of a designated employee (other than a loan by a commercial lending institu, tion in the regular course of business) aggregatJ, ng Two Hundred Fifty Do!!a~s ($250.00) or more in value received by or promised to the designated en]p!oyee within t%.te!ve (12) months prio-to %he time when the decisJ, on is made.- (A) whetl~er, if the source of income is a business entity, the decision will affect such business entity ~n the manner described in subsection (2) above; (B) whether the governmental decision will directly affect the amount of income to be received by the designated employee; and (C) whether there is a relationship between the gover~v, ental decision and the purpose for which the designated employee receives income. The specific ~ol].ar or percentage amounts set forth in this subsection do not consitute either absolute maximum or minimum levels, but are merely intended to provide guidance and should be considered along with other relevant factors in determining whetl~er a financial interest may interfere with the designated employee's e>:ercise of his or }ier duties in rendering a decision. (c) I~>:cl~:defl C~.rc~n~.atances. The in.eking or participation i.n tl~e making of a govern~cntal decision by a person acting under co~tract i~] t}~e i~o~'itJo~l of consulta]'~t or by a pc.rsdn retai~](.:! -13- con"ul t.a~C, or or part~]c.,.r, if t]le is an officer, (?m. ployee, sole Propr~¢:tor only financial ¢:ff¢:cts of tile decision are the modification, perpetuation or renewal of t)~e contractual or opportunity to bid co~npetitively retainer ag.rc,:,m(?nt a~]d/or the a p~'oject or contract. · SECTION 3.7 Notice of Action Taken. (a) Man~,~torv Postinu of Not~ce om Action Taken. If a designated em.-oloyee di:.;qua]ific$ !]imself or maki:~.g of a decision, or participating in a particular subject, and if th(: City subsequently commits to a definite course of action with regard to said a Notice of Action c o,. r,m i tmen t. S a i d near the door of of the City. the City Clerk shall post practicable 'fo!lo'wi]]g such conspicuously posted on or place of the governing body herself from the decision, upon a (b) Discretionary Posting of event th-~ _ -~ the C~ty cobb.mits itself with regard to any subject and no the c~overni~:9 body may direct the described in subsection (a) at the said subsection. Taken ,~otlce the regular itself subjoct, then as soon as is sh a].l be meeting Notice of Action. In (c) Recuest for Fei I ute the to a defin'te course of action disqualification has' occurred, City Cle~=, to post t]]e Notice time and place set forth in Time of Filinq; Reconsideration- to File. in the event that a (b), a of any City interest of Clerk wit]~in In the event that and all decisions pursuant to subsections (a) or consideration or disapproval Zr · of existence o~ a conflicn of shall be filed with the City poshing of said Notice. .filed, said co;p-mitment shal], be the even t subsection to the on Notice has been written request conumitment on desicnated thirty (3.0) days such a request ]nade with regard Effect of posted for re- the grou~:d employee of the is not thereto final and conclt~sive. Reconsideration U~on Fil~nq of Recu~st T.%er¢.:for. In that a request is filed with the City Clerk pursuant · (c) hereof, the City Clerk shall direct said request the City governing body, officer or employee responsible for City to commi~.'nent in c, uest~on and said body cause said co:.::mit;.n,2nt to t~e recon:'~idered. officer or employee -14- SEC'J'ION 4.1 I,('ci,'l] O~)inion:;. A~ty d~':;:i(.jJl,'tt:c¢l ¢,jtll)]oyeo wllt.~ i:; Coc]t., c~z' Ll~e J',.~lit.ical I~t:~.-or~t Act o£ 197d ((;ovc.~'~nc~L Code Sec:l 81000 c"t .'.' (:q .. ) , l~;ty I' (? (l t] t~ 5; [ n fo~'~)~,'~l opini::;~ (;r lt't. tor of f]:o~i~ t~o City Attol-~ley of t!~e City. In tile ¢:vo~lt t}l~ City Att'or~cy is u~]n}.~]c or dec]..]~es, by written not.lc:e, to iqsu(.· an opinfon t)]e desi~_!t]ated c:nploycc, or in t)~e event tt]e d~signated e]np]oyt.~e is dis~atisfied with the c.l~nion received from t~]e City Atto~--,ey of Cf ty, lie ma5, request the City Council o- t]~e City to seek a formal opJ.~]ion or letter of advice from the Fair Political Practices Co,mn i s s i o n. SECTION 4.2 Reliance on Le~al O:~_.i_n]__ze.n' If a legal opinion is issued in writing by t!]e City Attorney of City statin in full tho facts and the law u:~on whicl~ tl:e opinion is based, complia,,]ce by the design,:ted employee w~.th such opinion may be evidence of good faith ].n any civil or cri:ninal proceeding brouc~t ~, pursuant to the provisions of the Political Re£orm Act of 1974 or this Code. The designated employee's good faith compliance with the written opinion of t!~e City Attorney of the City shall also act as a complete defense to' any disciplinary action that the City may bring un*er Section 91003.5 of the Political Reform Act or this Code. SECTION 4.j Statute of Limitations. No judicial proceedinc~s based upon disqualification provision of t'.,~,is Code shall be brought pursuant to Government Code Section 91003(b) to restrain. the e>:ecution or to set aside official action of the City unless cor~,enced ninety (90) days fol].ov;ing official, action or decision. 3/24/77 -15- . ~ EXI!]'BiT '~A:' AGENCY Admin i strat ion City Administrator Assistan't City Administra'ter Assistant to the City Administrator Finance Director Legislation City Attorney AsSistant City Attorney Deputy City Attorney Citv Clerk Categories of . . Disclosure I , I! , III I, II, III I, II, III I, II , III I, II, III I, II , III I, II, III I, II, III Community Develooment Community Development Assistant Planner Assistant Director of Building Official Building Inspector Director Building and Planning I, II, III I, II , III' I, II, III I, I! , III I, II, III Engineering City Engineer Assistant City Engineer Mainte.nance Maintenance Superintendent Assis't_n~ Maintenance Sup='~¢ntendent Foreman Recreation Department Park g Recreation Director Recreation Supervisor I, II , III I , II , III !, II, III I, II, III · I, II, III I, II, III I, II, III Police DepartmeDt .-- Police Ch'el Police Lieutenant I, II, I'~,_- I, Ii, III Community Redevelopment Agency Governing Body I, II, III STATE OF CALIFORNIA ) COUNTY OF O~ANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and e×-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. 79-27 was duly and regularly introduced, passed and adopted at -'a regular meeting of the City Council held on the 2nd day of _.April , 1979, by the following vote: AYES: COiE.~CIL~N: SCHUSTER, SALTARELLI, SHARP, WELSH, KENNEDY NOES- CO'i~CILMEN: NONE ABSENT - COb~,..;CIL.~EN - NONE ty o Tu RU]~I C. POE' city ~rk, Ci f stin', California I / I'ql I I