HomeMy WebLinkAbout1991 014 CC RESO1991 014 CC RESO (Ìì ½ RESOLUTION NO. 91-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING RESOLUTION NO. 88-20
ADOPTING A CONFLICT OF INTEREST CODE
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to applicable laws, the attached
document entitled Conflict of Interest Code of the City of
Baldwin Park" be, the same hereby is, adopted as the conflict
of interest and disclosure code for designated employees of
the City of Baldwin Park.
SECTION 2. Any conflict of interest code heretofore
adopted for said entity is hereby rescinded.
SECTION 3. The City Clerk is directed to certify to
the adoption of this Resolution and cause the filing of the
said Conflict of Interest Code in the manner prescribed by
law.
PASSED, APPROVED AND ADOPTED this 17th day of April,
1991.
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) 55:
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing Resolution was duly and
regularly approved and adopted by the City Council of the City
of Baldwin Park at its regular meeting of the City Council on
April 17, 1991, by the following vote:
AYES COUNCILMEMBERS MCNEILL GALLEGOS, IZELL KEYSER, MAYOR LOWES
NOES COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NONE
%-AZ. AIR, CITY CLERK
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1991 014 CC RESO (Ìì ½ EXHIBIT A"
Designated Employees and Disclosure Categories
The following positions entail the making or participation
in the making of decisions which may foreseeably have a
material effect on financial interests:
Designated Disclosure
Position Categories
Director of Administrative Services...............................1
Director of Community Development.................................1
Director of Human Services.......................................1
Chief of Police. * * 1
City Planner 1
Director of Public Works. 1
Redevelopment Manager............................................1
Building official * 1
Finance Manager...................................................1
Accounting Supervisor.............................................1
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1991 014 CC RESO (Ìì ½ EXHIBIT B"
Categories of Reportable Economic Interests
Designated persons in Category 1" must report:
All investments, interest in real property, income and
any business entity in which the person is a director, officer,
partner, trustee, employee or holds any position of management.
These financial interests are reportable only if located within
and subject to the jurisdiction of the City or if the business
entity is doing business or planning to do business in an area
subject to the jurisdiction of the City or has done business
within an area subject to the jurisdiction of the City at any
time during the two years prior to the filing of the statement.
Designated persons in Category 2" must report:
A. All investments in real property located within or subject
to the jurisdiction of the City.
B. Investments in any business entity which within the last
two years has contracted or in the future foreseeably may
contract with the City.
C. Income from the source which within the last two years has
contracted or in the future foreseeably may contract with
the City.
D. His or her status as a director, officer, partner, trustee,
employee or holder of a position of management in any
business entity which within the last two years has
contracted or in the future foreseeably may contract with
the City.
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1991 014 CC RESO (Ìì ½ EXHIBIT C"
82030. Income. a) Income" means, except as provided
in subdivision b), a payment received, including but not
limited to any salary, wage, advance, dividend, interest, rent
proceeds from any sale, gift, including any gift of
indebtedness received by the filer, reimbursement for expenses,
per diem, or contribution to an insurance or pension program
paid by any person other than an employer, and including any
community property interest in the income of a spouse. Income
also includes an outstanding loan. Income of an individual
also includes a pro rata share of any income of any business
entity or trust in which the individual or spouse owns,
directly or beneficially, a 10 percent interest or greater.
Income," other than a gift, does not include 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 under this title.
b) Income" also does not include:
1) Campaign contributions required to be reported
under chapter 4 commencing with Section 84100).
2) salary and reimbursement for expenses or per
diem received from a state, local, or federal government agency
and reimbursement for travel expenses and per diem received
from a bona fide educational, academic, or charitable
organization.
3) Any devise or inheritance.
4) Interest, dividends, or premiums on a time or
demand deposit in a financial institution, shares in a credit
union or any insurance policy, payments received under any
insurance policy, or any bond or other debt instrument issued
by any government or government agency.
5) Dividends, interest, or any other return on a
security which is registered with the Securities and Exchange
Commission of the United States government or a commodity
future registered with the Commodity Futures Trading Commission
of the United States government, except proceeds from the sale
of these securities and commodities futures.
6) Redemption of a mutual fund.
7) Alimony or child support payments.
8) Any loan or loans from a commercial lending
institution which are made in the lender's regular course of
business on terms available to members of the public without
regard to official status if:
A) Used to purchase, refinance the purchase of,
or for improvements to, the principle residence of filer; or
B) The balance owed does not exceed ten thousand
dollars $10,000).
9) Any loan from an individual's spouse, child,
parent, grandparent, grandchild, brother, sister, parent-in-
law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt,
or first cousin, or the spouse of any such person, provided
that a loan from any such person shall be considered income if
the lender is acting as an agent or intermediary for any person
not covered by this paragraph.
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1991 014 CC RESO (Ìì ½ Exhibit C"
10) Any indebtedness created as part of a retail
installment or credit card transaction if made in the lender's
regular course of business on terms available to members of the
public without regard to official status, so long as the
balance owed to the creditor does not exceed ten thousand
dollars $10,000).
11) Payments received under a defined benefit
pension plan qualified under Internal Revenue Code Section
4019(a).
12) Proceeds from the sale of securities
registered with the Securities and Exchange Commission of the
United States government or from the sale of commodities
futures registered with the Commodity Futures Trading
Commission of the United States government if the filer sells
the securities or the commodities futures on a stock or
commodities exchange and does not know or have reason to know
the identity of the purchase.
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1991 014 CC RESO (Ìì ½ CONFLICT OF INTEREST CODE
OF THE
CITY OF BALDWIN PARK
SECTION 100.' Purpose. Pursuant to the provisions of
Government Code Sections 87300, et seq., the City of Baldwin
Park hereinafter referred to as City")., hereby adopts the
following Conflict of Interest Code. The provisions of this
Code are additional to those contained in Title 9, Chapter 7 of
the Government Code Section 87100 et seq.). Except as
otherwise indicated, the definitions contained in Title 9,
Chapter 2 of the Government Code Sections 82000 et seq.) are
incorporated herein and apply to this Code. It is the purpose
of this Code to provide for the disclosure of assets and income
of designated employees which may be materially affected by
their official actions, and, in appropriate circumstances to
provide that designated employees should be disqualified from
acting in order that conflicts of interest may be avoided.
SECTION 200. Designated Positions. The positions listed
in Exhibit A" are designated positions. officers and
employees holding those positions are designated employees and
are deemed to make or participate in the making of decisions
which may forseeably have a material effect on a financial
interest.
SECTION 300. Disclosure statements. Designated positions
shall be assigned to one or more of the disclosure categories
set forth in Exhibit B". Each designated employee or official
shall file an annual statement disclosing that employee's or
official's interest in investments, business positions,
interest in real property and source of income designated as
reportable under the category to which the employee's or
official's position is assigned on Exhibit B".
SECTION 400. Place. and Time of Filing.
a) All designated employees or officials required to
submit a statement of financial interests shall file the
original with the City Clerk's office.
* b) The City Clerk's office shall make and retain a copy
of the statement.
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Page Two
c) A designated employee or official required to submit
an initial statement of financial interest shall submit the
statement within 30 days after the effective date of this Code,
disclosing interests held on the effective date of this Code.
d) All persons appointed, promoted or transferred to
designated positions shall file initial statements not more
than 30 days after assuming office.
e) The first statement of financial interests filed by
a designated employee shall disclose the designated employee's
reportable investments and interests in real property exist as
of the effective date of this Code or the date the designated
employee assumed office, whichever is later. Income and
business. positions need not be reported on the first statement.
f) Annual statements shall be filed during the month of
July by all designated employees. Such statements shall
disclose reportable investments, business positions, interest
in real property and income held or received at any time during
the previous calendar year or since the designated employee
took office if during the calendar year.
g) A designated employee required to file a statement of
financial interest with any other agency which is within the
same territorial jurisdiction and whose disclosure requirements
are comparable may comply with the provisions of this Code by
filing a duplicate copy of the statement filed with the other
agency, in lieu of an entirely separate statement.
h) Every designated employee who leaves office shall
file, within 30 days of leaving office, a statement disclosing
reportable investments, business positions, interest in real
property and income held or received at any time during the
period between the closing date of the last statement required
to be filed and the date of leaving office.
i) A designated employee who resigns the position
within 30 days following initial appointment is not deemed to
assume or leave office, provided that during the period between
appointment and resignation the individual does not make,
participate in making or use the position to influence any
decision of the City or receive or become entitled to receive
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Page Three
any form of payment by virtue of being appointed to the
position.
SECTION 500. Contents of Disclosure Statements.
Disclosure statements shall be made on forms supplied by the
City Clerk's office and shall contain the following
information:
a) Contents of Investment and Real Property Reports.
when an investment or an interest in real property is
required to be disclosed, the statement shall contain:
1) A statement of the nature of the investment or
interest;
2) The name of the business entity in which each
investment is held and a general description of the business
activity in which the business entity is engaged;
3) The address or other precise location of the real
property;
4) A statement whether the fair market value of the
investment or interest in real property equals or exceeds one
thousand dollars $1,000) but does not exceed ten thousand
dollars $10,000), whether it exceeds ten thousand dollars
$10,000) but does not exceed one hundred thousand dollars
$100, 000)1 or whether it exceeds one hundred thousand dollars
$100,000). For purposes of this Code, interest in real
property" does not include the principal residence of the
designated employee or any other property which the designated
employee utilizes exclusively as the employee's personal
residence.
b) Contents of Personal Income Reports:
when personal income* is required to be disclosed,
the statement shall contain:
1) The name and address of each source of income
aggregating two hundred and fifty dollars $250) or more in
value, or fifty dollars $50) or more in value if the income
was a gift, and a general description of the business activity,
if any, of each source;
* Income" is defined in Title 9, Chapter 2 of the Government
Code Section 62030). That definition is attached hereto as
Exhibit C".
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1991 014 CC RESO (Ìì ½ Conflict of Interest Code
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2) 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 last two hundred fifty dollars
$250) but did not exceed one thousand dollars $1,000),
whether it was in excess of one thousand dollars $1,000) but
not greater than ten thousand dollars $10,000), or whether it
was greater than ten thousand dollars $10,000).
3) A description of the consideration, if any, for
which the income was received;
4) In the case of a gift, the amount and the date on
which the gift was received;
5) In the case of a loan, the annual interest rate and
the security, if any, given for the loan.
C) Contents of Business Entity Reports.
when the designated employee's pro rata share of
income to a business entity, including income to a sole
proprietorship, is required to be reported, the statement shall
contain:
1) The name, 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 designated employee's pro rata
share of gross receipts from such person was equal to or
greater than ten thousand dollars $10,000) during a calendar
year;
3) Income of a business entity is only required to be
reported if the direct, indirect or beneficial interest of the
designated employee and his or her spouse in the business
entity aggregates a 10 percent or greater interest. In
addition, for purposes of subparagraphs 2 and 3 of this section
c), the disclosure of persons who are clients or customers of
a business entity is required only if it is reasonably
foreseeable that the client or customer may be materially
affected by the decision of the designated employee.
d) Contents of Business Position Disclosure.
when business positions are required to be reported,
the designated employee shall list the name and address of each
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Page Five
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 entity in
which the business is engaged and the designated employee's
position with the business entity.
e) Acquisition or Disposal During a Calendar Year.
If any otherwise reportable investment or interest in
real property was partially or wholly acquired or disposed of
during the period covered by the statement, the statement shall
contain the date of acquisition or disposal.
SECTION 600. Disqualification. Designated employees
shall disqualify themselves from making, participating in the
making of or in any way using their official position to
influence a governmental decision when it is reasonably
foreseeable that the decision will have a material financial
effect, distinguishable from its effect on the public
generally, on designated employee or a member of his or her
immediate family or on:
a) Any business entity in which the designated employee
has a direct or indirect investment worth one thousand dollars
$1,000) or more;
b) Any real property in which the designated employee
has a direct or indirect interest worth one thousand dollars
$1,000) or more;
c) Any source of income, other than gifts and other
than loans by a commercial lending institution in the regular
course of business on terms available to the public without
regard to official status, aggregating two hundred fifty
dollars $250) or more in value provided to, received by or
promised to the designated employee within 12 months prior to
the time when the decision is made;
d) Any business entity in which the designated employee
is a director, officer, partner, trustee, employee or holds any
position of management; or
e) Any donor of, or any intermediary or agent for a
donor of, a gift or gifts aggregating two hundred fifty dollars
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$250) or more in value provided to, received by or promised to
the designated employee within 12 months prior to the time when
the decision is made.
For purposes of this section, indirect investment or
interest means any investment or interest owned by the spouse
or dependent child of a designated employee, by an agent on
behalf of a designated employee or by a business entity or
trust in which the designated employee, the designated
employee's agents, spouse and dependent children own directly,
indirectly or beneficially a 10 percent interest or greater.
No designated employee shall be required to disqualify
himself or herself with respect to any matter which could not
legally be acted upon or decided without his or her
participation.
A designated employee required to disqualify himself or
herself shall notify the City Manager in writing, who shall
record the person's disqualification.
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