ORD-28-86 DISCLOSURE STATEMENTS OF THE DESIGNATED POSITIONS BY DEPARTMENTSORDINANCE NO. 28-
86 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 2.
14,APPENDIX A OF THE ORANGE MUNICIPAL
CODE,CONCERNING DISCLOSURE STATEMENTS OF
THE DESIGNATED POSITIONS BY
DEPARTMENTS.WHEREAS, the City Council implemented a Conflict
of Interest Code with the adoption of Ordinance No. 61-
79 on December 11,
1979; and WHEREAS, said Conflict of Interest Code is set
forth in the Orange Municipal Code as Chapter 2.
14; and WHEREAS, an important aspect of the Code is
that City officers and certain designated positions are deemed
to make or participate in the making of decisions which
may foreseeably have a material effect on a financial
interest; therefore,the persons holding these positions are required to
file a statement of economic interest disclosing certain
types of interests in investments, real property and
income; and WHEREAS, Appendix "A" lists the designated
positions by department and the disclosure categories required
for each designated
position; and WHEREAS, this Ordinance amends the
existing Appendix A" to add and delete certain designated
positions and department names to correspond to
current requirements.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE ORDAINS
AS FOLLOWS:
Section I:Exhibit "A" attached hereto, is hereby
incorporated by reference and made a part of this Ordinance.
Appendix "A"of Chapter 2.14 is hereby amended to incorporate
the changes in the listing of designated positions by
department and disclosure categories as set forth in
Section II:
A summary of this Ordinance shall be published and a
certified copy of the full text of this Ordinance shall be
posted in the Office of the City Clerk at least five (5)
days prior to the City Council meeting at which this Ordinance
is to be adopted. A summary of this Ordinance shall also be
published once within fifteen (15) days after this Ordinance's
passage in the Orange City News, a newspaper of general
circulation, published and circulated in the City of Orange.
The City Clerk shall post in the Office of the City Clerk a
certified copy of the full text of such adopted Ordinance
along with the names of those City Council members voting
for and against the Ordinance in accordance with Government
Code Section 36933. This Ordinance shall take effect thirty
30) days from and after the date of final passage.
ADOPTED this 14th day of October , 1986.
A"- _the
Clty of Orange ATTEST:
O~
Add~~/Clty
Cler of t~Ci of Orange STATE
OF CALIFORNIA )COUNTY
OF ORANGE ) ss CITY
OF ORANGE )I,
MARILYN J. JENSEN, City Clerk of the City of Orange,California,
do hereby certify that the foregoing Ordinance was
introduced at the regular meeting of the City Council held
on the 23rd day of September , 198.6.-, and thereafter at
a regular meeting of said City Council duly held on
the 14th day of October , 19liQ.. was dulypassed and
adopted by the following vote, to wit:AYES:COUNCILMEN:
SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER NOES:COUNCILMEN:
NONE ABSENT:COUNCILMEN:
NONE U~ ~ ~A
City Clerk
f the itwof Orange ORD 28-
86 2 -
ORANGE MUNICIPAL CODE
APPENDIX A
DESIGNATED POSITION BY DEPARTMENT
City Attorney
City Attorney . . . . . . .
Senior Assistant City Attorney
Assistant City Attorney. . . .
City Clerk
City Clerk
Deputy City Clerk.
City Manager
Assistant City Manager . . . .
Program Manager. . . . . . .
Director, Economic Development
Principal Redevelopment Planner.
Assistant Planner (Redevelopment).
Community Services
Director . . . . . . . . . . . .
Recreation Superintendent. . . .
Park/Street Tree Superintendent.
Finance
Director . . .
Treasurer. . .
Deputy Treasurer
Assistant Director
Revenue Manager. .
of Finance.
Fire
Chief. . . . . . . . . . .
Division Chief (Admin/Operations).
Division Chief (Fire Marshal).
Captain (Fire Prevention). .
Captain (Administration)
Inspector (Fire Prevention).
General Services
Director .
Purchasing Officer
Library
Director . . .
Library Branch Manager
DISCLOSURE CATEGORIES
I, II, III, IV
I, II, III
I, II, III
IV
IV
I, II, III, IV
I, II, III, IV
I, II, III, IV
I, II, III, IV
I, II, III, IV
IV
IV
IV
I, II,
I, II,
II,
I, II,
I, II,
III,
III,
III
III,
III,
IV
IV
IV
IV
I, II, III, IV
I, II, III, IV
I, II, III
I, II, III
I, II
I, II, III
I, II, III, IV
I, II, III, IV
I, II, III, IV
I, II, III, IV
ORD 28-
Planning and Development
Director . . , . .. ...
Administrator - Current Planning .Administrator -
Advanced Planning.Zoning Administrator . . . . .
Building Official. . .. . . .
Housing & Community
Development Admin.Police Chief. . . . . . . . .
Division
Commander . .
Administrative Officer
Public Works
Director . . . .. .......City
Engineer. .. .......
Maintenance Services
Administrator Traffic Engineer . . . . . .
Real Property
Representative Senior Civil
Engineer. . . .Water Water
Superintendent . .
Assistant Water
Superintendent Office Engineer. . . . .
Assistant civil
Engineer . .Consultants Redevelopment
Attorney .
Redevelopment Consultant
ORD 28-
86 I,
II, III I,
II, III I,
II, III 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 II,
III, IV I,
II, III, IV III,
IV I
I,
II, III, IV I,
II, III, IV I,
II, III, IV IV
IV
I,
II, III, IV I,
II, III, IV
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
Interest Code.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
Ordinance No. 61-79 Page
2 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 foreseeably 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.d) The provisions of this Code shall not be applicable to any
designated employee who is covered by Government Code Section
87200-87210,e) Annual statements shall be filed no later than 5:00 p.m. on April
1 by all designated employees. Such statements shall cover the
period of the preceding
calendar year.f) Each person who leaves a designated position specified in
Appendix "A"shall file a leaving office statement within thirty days
of
leaving office.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
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
Ordinance No. 61-79 Page
3 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.2) 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),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
donor, the value of the gift, and the date on which the gift
was received.c) Contents of Business Entity Income Reports: When income of
a business entity. including income of 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) 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
Ordinance No. 61-79 Page
4 d) Contents of Initial Statement of Designated 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,e) 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.f) 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,g) 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,
designated employees must disqualify themselves from making or participating in the
making of any decisions which will foreseeably 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
Ordinance No. 61-79 Page
5 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 officisl 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.Section 2250.9 Opinions of the City Attorney and
Fair Political Practices
Commission a) Opinion Requests: Any designated employee who is unsure of any
right or obligation arising under this Code may request a formal letter
of advice or opinion from the City Attorney or from the Fair
Political Practices
Commission,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.c) Forwarding 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,Section 2250.10
Enforcement 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,Section 2250.11 Effective Date of
Code This Agency Conflict of Interest Code of the City of Orange
shall become effective thirty days after approval by the Orange City
Ordinance No. 61-79 Page
6 SECTION
II: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,ADOPTED this 11th day of December,
1979.ROBERT D.
HOYT Mayor of the City of
Orange
ATTEST:MARILYN J.
JENSEN City Clerk of the City of
Orange STATE OF
CALIFORNIA )COUNTY OF ORANGE )
ss CITY OF
ORANGE )I, MARILYN J. JENSEN, City Clerk of the City of Orange, California,
DO HEREBY CERTIFY that the foregoing ordinance was introduced at a regularmeetingoftheCityCouncildulyheldonthe27thdayofNovember. 1979, and thereafter
at a regular meeting of said City Council duly held on the 11th day of December,
1979,was duly passed and adopted by the following vote, to
wit:
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.SEAL)Marilyn J.
Jensen City Clerk of the City of
Orange Published, Orange City News, December 19,
Ordinance No. 61-79 Page
7 APPENDIX "
A"DESIGNATED POSITION BY DEPARTMENT DISCLOSURE
CATEGORIES City
Attorney City
Attorney . . . . .Assistant City
Attorney Deputy City
Attorney . .I, II, III,
IV I, II,
III I, II,
III City
Clerk City
Clerk . . . .Deputy City
Clerk
IV
IV Community
Services
Director . . . . . . .Recreation
Superintendent
IV
IV
Finance Director of
Finance
Treasurer Deputy
Treasurer . .I, II, III,
IV I, II, III,
IV II,
III
Fire
Chief ...............Assistant
Chief .......Battalion Chief (Fire
Harshal)Captain (Fire
Prevention)Captain (
Administration) , .Inspector (Fire
Prevention)I, II, III,
IV I, II, III,
IV I, II,
III I. II,
III I, II.
IV I, II,
III General
Services
Director .Purchasing
Officer II, III,
IV II, III.
IV
Library Director I, II. III,
IV Management
Services
Director . . . . .Personnel
Manager I, II, III,
IV III,
Ordinance No, 61-
79 Planning and
Development
Director .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..Administrator - Current Planning , , , . . .
Administrator - Advanced Planning and Zoning Police
Chief ........
Division
Commander . .Administrative
Officer Public
Works Director . . . .
Deputy
Director City
Engineer Traffic
Engineer Real
Property Manager Park/
Street Tree Superintendent Water
Water
Superintendent . . . . .Assistant
Water Superintendent Office
Engineer ,. . .Assistant
Civil En~ineer Consul
tants Risk
Manager (Management Services Department).Page
8 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
I,
II, III. IV
Ordinance No,' 61-79 Page
9 APPENDIX "
B"DISCLOSURE
CATEGORIES Designated 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