Loading...
HomeMy WebLinkAboutORD-61-79 AGENCY CONFLICT OF INTEREST CODE KNOWN AS POLITICAL REFORM ACT OF 1974please publish Wednesday December 19, 1979 only and send PR(XlF OF PUBLICATION to City Clerk, 1'.0, Box 449, Orange, California 9266(,. MARILYN J, JENSEN, CITY CLERK ORDINANCE NO. 61- 79 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTING AN AGENCY CONFLICT OF INTEREST CODE AS REQUIRED BY SECTION 81000 ET SEQ. OF THE CALIFORNIA GOVERNMENT CODE,KNOWN FAMILIARLY AS THE POLITICAL REFORM ACT OF 1974.WHEREAS, California Government Code Sections 87300 et seq.provide that every local agency shall adopt a Conflict of Interest Code in order to provide that reasonably foreseeable conflicts of interest of public officials and employees will be disclosed and prevented; and WHEREAS, the California Government Code also provides that such a Conflict of Interest Code shall be formulated at the most decentralized level possible without precluding intra-departmental review; and WHEREAS, the City of Orange has taken all steps necessary in order to draft and formulate an Agency Conflict of Interest Code which meets the needs and desires of all levels of City employees consistent with the requirements of State law.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I:Sections 2250.1 through 2250.11 are added to the Orange Municipal Code to read as follows:Section 2250.1 2250.2 2250.3 2250.4 2250.5 2250.6 2250.7 2250.8 2250.9 2250.10 2250. 11 Introduction Interpretation Designated positions Disclosure Statements Place and Time of Filing Contents of Disclosure Statements Disqualification Manner of Disqualification Opinions of the City Attorney and Fair Political Practices Commission Enforcement Effective Date of Code Section 2250. 1 Introduction Pursuant to the provisions of Government Code Sections 87300 et seq., the City of Orange hereby adopts the following Agency Conflict of section 2250.2 Interpretation Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974 Government Code Section 81000 et seq.). The provisions of this Code are additional to Government Code Section 81000 et seq. and other laws pertaining to conflicts of interest. This Code shall be interpreted in a manner consistent with the definitions of the said Political Reform Act and the regulations of the Fair Political Practices Commission adopted pursuant thereto. Section 2250.3 Designated Positions The positions listed in Appendix "A" are designated positions. Officers and employees holding these positions are designated employees and are deemed to make or participate in the making of decisions which may foreseeab1y have a material effect on a financial interest. Individuals holding said designated positions are required to make disclosures in accordance with the categories indicated on Appendix "A" and defined more specifically in Appendix "B." Section 2250.4 Disclosure Statements Designated positions shall be assigned to one or more of the disclosure categories set forth on Appendix "B." Each designated employee shall file a statement of economic interest disclosing that employee's interest in investments, real property, and income designated as reportable under the category to which the employee's position is assigned on Appendix "B." Section 2250.5 Place and Time of Filing a) All designated employees required to submit a statement of financial interests shall file the original with the City Clerk, where it shall be retained and be kept available for public inspection. b) A designated employee required to submit a statement of economic interest shall submit a disclosure statement within thirty days after the effective date of this Code, disclosing reportable financial interests held on that effective date. Disclosure of income or gifts is not required on this initial statement. c) Employees appointed, promoted or transferred to designated positions shall, within ten days after date of employment in such designated position, file a statement disclosing reportable investments and interests in real property. Such statement shall not be required if the person has filed with the City of Orange within sixty days prior to assuming the designated position, a statement pursuant to this Code. The provisions of this Code shall not be applicable to any designated employee who is covered by Government Code Section 87200- 87210. d) e)Annual statements shall be filed no later than 5,00 p m on April 1 by all designated employees. Such st~teme~t~ shall cover the period of the preceding calendar year. Each person who leaves a designated position specified in Appendix "A" shall file a leaving office statement within thirty days of leaving office. 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 identical 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. f) g) Section 2250.6 Contents of Disclosure Statements Disclosure statements shall be made on forms supplied by the City Clerk, 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 reported, 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, exceeds ten thousand dollars ($10,000), and whether it exceeds one hundred thousand dollars ($100,000). 5 )A designated employee need make no disclosure under this Code with respect to his principal residence. b) Contents of Personal Income Reports: When personal income is required to be reported, 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 twenty-five dollars ($25) or more in value if the income was a gift, and a general description of the business activity, if any, of each source.A statement whether the aggregate value of the income from each source was greater than one thousand dollars ($1,000), and whether it was greater than ten thousand dollars ($10, 000). 2 ) 3) A description of the consideration, if any, for which the income was received. 4) In the case of a gift, the name and address of the do~or, the ~a1ue of the gift, and the date on whl.ch the gl.ft was received. c) ~ontents of Business Entity Income Reports: When l.ncome of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: d) e) f) 1) The name, address, and a general description of the business activity of the business entity. 2) In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity if the filer's pro rata share of the fees from such person was equal to or greater than one thousand dollars ($1,000). 3) In the case of a business entity not covered by Paragraph (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) during a calendar year. Contents of Initial Statement of Desiqnated Employee Assuming Office: The initial statement filed by an employee appointed to a designated position shall disclose any reportable investments and interests in real property, but need not disclose income received prior to assuming the designated position. Contents of Annual statements: The annual statement filed by a designated employee shall disclose any reportable investments, interests in real property, and income during the period since the closing date of the previous report. g) Contents of Leaving Office statements: The leaving office statement filed by designated employees shall disclose reportable investments, interests in real property, and income during the period since the closing date of the previous statement filed pursuant to this Code. The statement shall include any investments in business entities, interests in real property, and income held or received at any time during the period covered by the statement, whether or not they are still held at the time of filing. Acquisition or Disposal During Reporting Period: In the case of an Annual Statement or Leaving Office Statement, if the investment, or interest in real property, was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal shall be stated. Section 2250.7 Disqualification Pursuant to Government Code Sections 87100- 87103 designa~e~ em~loy~es must d~squalify themselves from ~ aking or partl.cl.patl.ng l.n the makl.ng of any decisions which will foreseeab1y have a material financial effect, distinguishable from its effect on the public generally, on:a) Any business entity in which the designated employee has a direct or indirect investment worth more than one thousand dollars ($1, 000).b) Any real property, including the principal residence of that employee, in which the designated employee has a direct or indirect interest worth more than one thousand dollars ($1, 000).c) Any source of income, other than loans by a commercial lending institution in the regular course of business,aggregating two hundred fifty dollars ($250) or more in value received by or promised to the designated employee within twelve 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.No designated employee shall be prevented from making or participating in the making of any decision to the extent his participation is legally required for the decision to be made.Section 2250.8 Manner of Disqualification A designated employee required to disqualify himself shall notify his supervisor in writing. This notice shall be forwarded to the city Clerk who shall record the employee' s disqualification. Upon receipt of such notice, the supervisor shall immediately reassign the matter to another employee.In the case of a designated employee who is a member of a Commission, the notice of disqualification shall be given at the meeting during which consideration of the decision takes place and shall be made a part of the official record of the Commission. The member shall then refrain from participating and shall in no way attempt to use his official position to influence any other person with respect to the matter. a)Opinions of the City Attorney and Fair Political Practices Commission Opinion Requests: Any designated emp1~yee who is .unsure of any right or obligation arisl.ng under th1s Code may request a formal letter of advice or opinion from the City Attorney or from the Fair Political Practices Commission.Section 2250. 9 fRk\ t jl"' j;i1 iit'\I'11tt;I Z~4b'~'(" ir&;XitJ. t: j< Ii!: If'fl'jji: j Y' i, i Ii,' F Il,t:' W4j, i7/:;' i>: f' i il._ b) Evidence of Good Faith: If an opinion is rendered by the City Attorney stating in full the facts and the law upon which the opinion is based, compliance by the designated employee with such opinion shall be evidence of good faith in any civil or criminal proceeding brought pursuant to the Political Reform Act of 1974 or this Code. The designated employee's good faith compliance shall also act as a complete defense to any disciplinary action that the City may bring under Government Code Section 91003.5. i' p-t;;' j, A"i-;; K. N. 1 if c) Forwardinq Opinion to Fair Political Practices Commission:Copies of any opinion rendered by the City Attorney 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 City for public inspection. Such opinions may be modified by the City Attorney or by the Fair Political Practices Commission, but such modifications or revisions shall be prospective in effect and shall take effect only after notification has been given to the designated employee who requested the opinion.Vi t! I' A.i' j:;;;j;~; l;/Y!'i ii,j! 1 W' T j~Section 2250. 10 Enforcement imi:jv;!This Code has the force and effect of law. Designated employees violating this Code are subject to the sanctions provided in Chapter 11 of the Political Reform Act of 1974,Government Code Section 91000 et seq.i;'rl 1; W Section 2250. 11 Effective Date of Code Ui,Y:i% jj;/ i&it:! ThisAgency Conflict of Interest Code of the City of Orange shall become effective thirty days after approval by the Orange City Council.Y\1:;;:,'l\~~ w~;Y~>? i t SECTION II: J IlI wx This ordinance shall be published once within fifteen (15)days after its passage in the Orange City News, a newspaper of general circulation, published and circulated in the City of Orange, and shall take effect thirty (30) days from and after the date of its final passage.rJ)'ADOPTED this 11tb day of December 1979.Mayor of the City of Orange ATTEST:J1L(Jj<~ {~ Ri- ~/j{. 4- t,v City Clerk oft e ciJ y of Orange l\::;jw'rtr!:t,~ l~18) FiX'J;)tjii' 6- i! i;:::,:;~:: APPENDIX "A" DESIGNATED POSITION BY DEPARTMENT city Attorney city Attorney ... . . Assistant City Attorney Deputy City Attorney . . City Clerk City Clerk . . . . Deputy City Clerk Community Services Director . . . . . . . . . Recreation Superintendent Finance Director of Finance Treasurer .. . Deputy Treasurer . . DISCLOSURE CATEGORIES I, II, III, IV I, II, III I, II, III IV IV IV IV I, II, III, IV I, II, III, IV II, III I, II, III, IV I, II, III, IV I, II, III I, II, III I, II, IV I, II, III II, III, IV II, III, IV Fire Chief . . . . . . . . . . . . Assistant Chief . . . . . . . Battalion Chief (Fire Marshal) Captain (Fire Prevention) . Captain (Administration) . . Inspector (Fire Prevention) General services Director . Purchasing Officer Library Director . . . . . . . . . . . . . . . . . . . Management Services I, II, III, IV I, II, III, IV III, IV I, II, III I, II, III I, II, III I, II, III, IV I, II, III, IV I, II, III, IV I, II, III, IV I, II, III, IV I, II, III, IV III, IV I IV I, II, III, IV I, II, III, IV IV IV Director . . . . . . Personnel Manager Planning and Development Director . . . . . . . . . . . . . . . . . . Administrator - Current Planning . . . . . .Administrator - Advanced Planning and Zoning Police Chief . . . . . . . . Division Commander . . Administrative Officer Public Works Director . . . .Deputy Director Ci ty Eng ineer Traffic Engineer . Real Property Manager Park/Street Tree Superintendent Water Water Superintendent . . . . . Assistant Water Superintendent Office Engineer . . . . Assistant Civil Engineer . . .Consul tants Risk Manager ( Management Services Department).I, II, III, IV 7 - APPENDIX "a" DISCLOSURE CATEGORIES Desiqnated Employees in Disclosure Category I must report: All interests in real property, as defined in Government Code Section 82033, within the jurisdiction. Real property shall be deemed to be within the juriSdiction if the property or any part of it is located within or not more than two miles outside the boundaries of the City of Orange, or within two miles of any land owned or used by the City of Orange. No disclosure need be made concerning the principal residence of the designated employee. Designated Employees in Disclosure Category II must report: All investments, as defined in Government Code Section 82034. Financial interests are reportable only if located within or subject to the jurisdiction of the City of Orange, or if the business entity is doing business or planning to do business in the City of Orange, or has done business within the City of Orange at any time during the two years prior to the filing of the statement. Designated Employees in Disclosure Category III must report: All income, as defined in Government Code Section 82030, from any source located or doing business within the jurisdiction or expecting to do business within the jurisdiction. Income received from a public agency need not be disclosed. Designated Employees in Disclosure Category IV must report: Investments in, or income from, any business entity if such business entity manufactures or sells supplies, machinery or equipment of the type utilized by the City of Orange, or if such business entity is a contractor or subcontractor engaged in the performance of work or services of the type utilized by the City of Orange. 8 - TE OF CALIFOR-~IA ) TY OF ORANGE ) ss Y OF ORANGE ) I MARILYN J. JENSEN, City Clerk of the City of Orange, California, HEREBY CERTIFY that the foregoing ordinance was introduced at a lar meeting of the City Council duly held on the 27th day of November, 9, and thereafter at a regular meeting of said City Council duly d on the 11th day of December, 1979, was duly passed and adopted the following vote, to wit: 7 d'Jce'd ;) e or / lc.t.,(<:~,c:)).-'{..-'" ]<'''",-:_/'_.?;:':__/'Marilyn J." Jensen City Clerk of the City of Orange AYES:NOES:ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: BARRERA, SMITH, MAYOR HOYT, PEREZ, BEAM NONE NONE WITNESS my hand and seal this 12th day of December, 1979.