Loading...
HomeMy WebLinkAboutReso. 78-032 - Setting a Public Hearing for the Consideration of a Conflict of Interest Code for City Council Members and the City Manager, and a Conflict of Interest Code for Designated Officers and Employees of the City of Redding • 111 • RESOLUTION NO. 77-32_. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SETTING A PUBLIC HEARING FOR THE CONSIDERATION OF A CONFLICT OF INTEREST CODE FOR CITY COUNCIL MEMBERS AND THE CITY MANAGER, AND A CONFLICT OF INTEREST CODE FOR DESIGNATED OFFICERS AND EMPLOYEES OF THE CITY OF REDDING. BE IT RESOLVED by the City Council of the City of Redding as follows : Section 1. The attached draft of a Conflict of Interest Code for members of the City Council and the City Manager, and the attached draft of a Conflict of Interest Code for designated officers and employees of the City of Redding , pursuant to the Political Reform Act of 1974 , as amended, are approved for the " purpose of holding a hearing thereon. Section 2 . The City Clerk shall publish not later than March 27 , 1978 , a notice in a newspaper of general circulation in the City of Redding , as follows : NOTICE IS HEREBY GIVEN that the City Council of the City of Redding will hold a hearing on a proposed conflict of interest code for City Council members and the City Manager, and a proposed conflict of interest code for designated officers and employees of the City of Redding, such hearing to be on Monday, April 17 , 1978 , at the City Council Chambers at 1313 California Street , in Redding, California , commencing at 7 : 30 P.M. Copies of the proposed codes may be obtained from the office of the City Clerk of the City of Redding, 760 Parkview Avenue , Redding , California 96001 . At the hearing any Council member, officer , or employee of the City, or any resident within its juris- diction shall have a fair opportunity to present his views on such proposed codes . I HEREBY CERTIFY that the foregoing Resolution was intro- duced and read at an adjourned regular meeting of the City Council of the City of Redding on the 14th day of March, 1978 , and was duly adopted at said meeting by the following vote : AYES : COUNCILMEN: Fulton, Gard, Kirkpatrick, Pugh, and Demsher NOES : COUNCILMEN : None ABSENT: COUNCILMEN : None 1/I ATTEST: -, ,. bONALD M: DEMSHER Mayor of the City of Redding Li" etl. ��1r= MILDRED L. BRAYTON; City Clerk FORM APPROVED: - 1 Cr4R2tt½r$orney 1 J�. • • • ORDINANCE NO . AN ORDINANCE OF TUE CITY COUNCIL OF '1'HHU CITY OF REDDING AMENDING TITLE 2 OF THE REDD:I.NG MUNICIPAL CODE BY ADDING THERETO CHAPTER 2 . 89 , A CONFLICT OF INTEREST • CODE FOR IIENBERS OF THE CITY COUNCIL AND THE CITY MANAGER. The City Council of the City of Redding does hereby ordain as follows : Section 1 . Title 2 of the Redding Municipal Code is • hereby amended by adding thereto Chapter 2 . 89 , as follows : CHAPTER 2 . 89 CONFLICT OF INTEREST CODE FOR MEMBERS OF THE CITY COUNCIL AND THE CITY MANAGER Sections : 2 . 89 . 010 Conflict of interest code ; definitions . • 2 . 89 . 020 Conflict of interest code ; adopted . 2 . 89 . 030 Conflict of interest code ; applicability. 2 . 89 . 040 Conflict of interest code ; disclosure . 2 . 89 . 050 Conflict of interest code ; disqualification . • 2 . 89 . 010 Conflict of interest code; definitions . • Except as otherwise indicated, the definitions contained . in the Political Reform Act of 1974 , Government Code Section • 81000 , and regulations adopted pursuant thereto, are incorpor- ated into this conflict of interest code as set forth in Sections 2 . 89 . 020 through 2 . 89 . 050 . 2. 89 . 020 Conflict of interest code; adopted. In compliance with Section 87300 of the Government Code , the City Council adopts this conflict of interest code . 2 . 89 . 030 Conflict of interest code; applicability . This conflict of interest code shall be applicable to members of the City Council , whether acting as Council members or as governing board members or commissioners of any City agency, and to the City Manager. 2 . 89 . 040 Conflict of interest code; disclosure . Members of the City Council and the City Manager are required, pursuant to Government Code Section 87200 , to dis- close investments , interests in real property , and income . No other or no additional disclosure requirements are imposed by this conflict of interest code. 2 . 89 . 050 Conflict of interest code ; disqualification . Any member of the City Council, whether acting as a Council member or as a governing board member or commissioner of any City agency , or. the City Manager, must disqualify himself or herself from making or participating in the making of any decisions which .;.ill f:oresecubly have a material financial effect , distinguishable from .i.t:; effect on the public generally , on any economic .interest; as deC:.ined in Government. Code :;ccti.ai 87103 . No member of the City Council , nor the City Manager , • • shall be prevented from making or par. tic..i.pating in the making or. participating in the making of any decision to the extent his or her participation is legally required for the decision to be made . Section 2 . The City Clerk shall certify to the adoption of: this Ordinance and cause its publication according to law. I HEREBY CERTIFY that the foregoing Ordinance was intro- duced and read at a regular meeting of the City Council of the City of Redding on the day of , 1978 , and was duly read and adopted on the . day of , 1978 , at a regular meeting of the City Council by the following vote : AYES : COUNCILMEN : • NOES : COUNCILMEN : ABSENT: COUNCILMEN : • DONALD M. DEMSHER ATTEST: Mayor of the City of Redding MILDRED L. BRAYTON, City Clerk FORM APPROVED: EARL D. MURPHY, City Attorney • 1 • • • -2- • • ORDINANCE NO. AN ORDINANCE OF 'rup: CITY COUNCIL OF THE CITY OF REDDING AMENDING TITLE 2 OF THE RIDDING MUNICIPAL CODE HY ADDING THERETO CIIAI'TER 2 . 90 , A CONFLICT OF INTEREST CODE FOR DESIGNATED OFFICERS AND EMPLOYEES O ' THE CITY . The City Council of the City of Redding does hereby ordain as follows : • Section 1 . Title 2 of the Redding Municipal Code is hereby amended by adding thereto Chapter. 2 . 90 , as follows : CHAPTER 2 . 90 CONFLICT OF INTEREST CODE FOR DESIGNATED OFFICERS AND EMPLOYEES OF THE CITY Sections : 2 . 90 . 010 Adoption. 2 . 90 . 020 Designated employees . 2 . 90 . 030 Disclosure statement; filing . 2 . 90 . 040 Disclosure statement; contents . 2 . 90 . 050 Disqualification . 2 . 90 . 060 Definitions . 2 . 90 . 070 Effective date of code. • • 2 . 90 . 010 Adoption . In compliance with the Political Reform Act of 1974 , California Government Code §81000 , et seq . , the City of Red- ding hereby adopts this Conflict of Interest Code , which shall be applicable to all designated officers and employees of the City as specifically required by California Government Code 587300 . 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, Government • • Code 591000 , et seq. 2 . 90 . 020 Designated employees . Government Code 587302 (a) requires that persons who occupy positions within the City which •involve the making , or participation in the making , of decisions which may foresee-- ably have a material effect on any financial interest shall be designated employees . All persons who hold the positions enumerated in Exhibit A are designated employees . 2 . 90 . 030 Disclosure statement; filing . A. Each designated employee shall file annual state- ments at the time and in the manner prescribed in this Code , disclosing reportable interests in real property , investments in business entities , and income which might for.eseeabiy be affected materially by the operations of the City . It has been determined that it is foreseeable that the types of investments , interests in • re;c.l property , and ,income listed in Exhibit i3 may be affected materially by decisions made or participated in by the designated employee by virtue of his or her position . Such interests are reportable if hold by the dosidnaLed employee . • • • • • B. Initial statements shall be filed by each desig- nated employee within thirty days after the effective date of this Conflict of Interest Code disclosing investments and interests in real property . C. Annual statements shall be filed during the month of January disclosing investments , interests in real property and income held or received in the period .since the closing date of the employee ' s previously filed statement and December 31st. • D. Leaving office statements shall be filed by every person who leaves a designated position specified in Exhibit A within thirty days after leaving the position , disclosing his or her reportable investments , interests in real prop- erty , and income during the period since the closing date of the previous statement filed pursuant to this Code . The state- ment shall include any investments in business entities , in- terests 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 . E. Employees appointed, promoted or transferred to designated positions shall file initial statements within thirty days after the date of assuming the position. F. The statement shall be filed with the City Clerk . In the case of Council members , the City Clerk shall make and retain a copy of the statement and transmit the original to the code reviewing body , which is the Fair Political Practices Commission, within five days of receipt. 2 . 90 . 040 Disclosure statements ; contents . The manner of reporting reportable interests shall be • pursuant to Government Code § 87206 and 87207 . Disclosure statements shall be made on forms supplied by the City . A. Contents of .Investment and Interest in Real Property Reports : When an investment or interest in real property is required to be disclosed, the statement shall contain the following : 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 real property invested in exceeds ten thousand dollars ($10 , 000) , and whether it exceeds one hundred thousand dollars • ($100 , 000) . This information need not be provided with respect to an interest in real property which is used principally as the residence of the filer; 5 . In the case of an investment which constitutes 50% or more of the ownership interest in a business entity , disclosure of the investments and interests iii real property of the busi.ne,s entity ; -2- • • • • • C . If the property or investment was partially or wholly acquired or disposed of during the period covered by the statement: , the dote of acquisition or. disposal. . B. Contents of Income Reports : • 1 . When income is required to he reported under this Code , the statement shall contain the following : a . The name and address of each source of income aggregating $250 or more in value , or $25 or more in value if the .income was a gift , and a general description of the business activity , if any , of each source; b. A statement whether the aggregate value of income from each source was greater than $1 , 000 and whether it was greater than $10 , 000 ; c . A description of the consideration , if any , for which the income was received ; d. In the case of a gift, the name and address of the donor and the amount and the date on which the gift was received. • 2 . When income of a business entity , including income of a sole proprietorship , is required to be reported , the statement shall contain : a. I'he name , address , and a general description of the business activity of the business entity ; b. In the case of a business entity which pro- vides legal or brokerage services , the name of every person who paid fees to the business entity , if the filer ' s pro rata share of fees from such person was greater than $1 ,000 ; c . In the case of a business entity not covered by subparagraph b, 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 greater than $10 , 000 during a calendar year; d. Income of a business entity shall not be reported unless the filer or his or her spouse owns , directly , indirectly, or beneficially, a 10% interest or greater . Li addition , for purposes of subparagraphs b and c of this section , 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 decisions of the filer. • C. Contents of Management Position Reports : • When management positions are required to be reported , a designated employee shall list the name of each business entity not specified above in which he or she is a director , officer, partner, trustee, employee, or in which he or she holds any position of management. 2 . 90 . 050 Disqualification. A designated employee must disqualify himself or her- self from making or participating in the making of any decisions which will foresecab.Ly have a material financial effect , di.stingu.ish.lble from its effect on the public generally , on any reportable economic interest (except 'lift:; 3- • of: ].ens than $250) or upon any business entity in which the designated employee holds a position of management or. .is a director, officer , partner, stole owner, trustee , or. employee . No member shall be prevented from making or participating in the making of any decision to the extent his or her participation is' legal.ly requir.ed. for the decision to be made . 2 . 90 . 060 Definitions . The definitions of words and terms used in this Con- flict of Interest Code shall be those definitions contained in the Political Reform Act of 1974 , Government Code 581000 , et seq . , the Regulations of the Fair Political Practices Commission adopted pursuant thereto, and amendments thereto. Copies of this Code , the Political Reform Act of 1974 , and the Regulations of the Fair. Political Practices Commission shall be on file with the City Clerk. The City Clerk shall supply each designated employee with an instruction manual • and statement of economic interest forms . 2. 90. 070 Effective date of code. This Conflict of Interest Code shall become effective thirty days after approval by the Fair Political Practices Commission . Section 2 . The City Clerk shall certify to the adoption of this Ordinance and cause its publication according to law. I HEREBY CERTIFY that the foregoing Ordinance was intro- duced and read at a regular meeting of the City Council of the City of Redding on the day of , 1978 , and was duly • read and adopted on the day of , 1978 , at a regular meeting of the City Council by the following vote : AYES : COUNCILMEN : • NOES : COUNCILMEN : ABSENT: COUNCILMEN: ATTEST: DONALD M. DEMSHER Mayor of the City of Redding • MILDRED L. BRAYTON , City Clerk FORM APPROVED: EARL D. MURPHY, City Attorney • • CITY OP R DDING Designated Positions GROUP I - Persons occupying the following positions arc desig- nated employees and must' disclose financial interest in all categories defined in Exhibit B: City Clerk City Treasurer City Attorney Assistant City Manager Director of Public Works ' Director of Planning and Community Development Chief of Police Director of Electric Utility • Director of Personnel • Fire Chief Director of Parks and Recreation Housing and Redevelopment Administrator Airports Manager Assistant City Engineer Senior. Associate Planner Superintendent of Public Works GROUP II - Persons occupying the following positions are desig- nated employees and must disclose financial interest defined in Categories 2 and 3 of Exhibit B: Superintendent of General Services Auditorium Director Associate Civil Engineer Traffic Engineer Superintendent of Electric Utility Museum Curator Purchasing Officer Executive Assistant Housing Specialist • Chief Housing Counselor • • • • Exhibit A 1 • Disclosure Categoric. • • Ca teyor', 1 rop i (a) Interests in real. > erty! 1/ ' which is located in whole or in part either (1) within the bouhdar:ies of the City , or (2) within two miles of the boundaries of the e City , including any leasehold , beneficial or ownership interest or option to acquire such interest in real property , if the fai.r market value of the interest is greater than :;l 000 or (3) within two miles of any land awned or used by the City . • (b) Investments �/ in or. income 3/ from business entities which are contractors; or subcontractors which are or have been within the previous two year period engaged in the performance of building construction or design within the District . (c) Investments / in or income 3/ from persons or business entities engaged in the acquisition or disposal of real property • within the jurisdiction . Category 2 Investments / in or income 3/ from business entities which manufacture or sell supplies , books , machinery, or equipment of the type utilized by the department for which the designated employee is Manager or Director or a principal employee therein . Investments include interests described in Category 1 . Category 3 Investments 2/— in or income 3/ from business entities which are contractors or subcontracts engaged in the performance of work or services of the type utilized by the department for which the designated employee is Manager or Director or a principal employee therein . Investments include the interests described in Category 1 . 1/ Interests in real property of an individual include a business entity ' s share of interest in real property of any business entity or trust in which the designated employee or his or her spouse owns , directly , indirectly , or beneficially , a ten per cent or greater. 2/ (A) Investments include : (1) Any financial interest in or security issued by a business entity , including but not limited to common stock , preferred stock , rights , warrants , options , debt instruments , and any partnership interest or other ownership interest; (2) A pro rata share of investments of any entityor trust in businesse which the designated employee or his or her spouse owns , directly , indirectly , or beneficially , a ten per cent interest or greater. (13) Investment does not include : • (1) A time or demand deposit in a financial institu- tion , shares in a credit union, any insurance policy , or any bond or other debt instrument issued by any government or government agency; (2) Assets whose fair market value is less than . $1 , 000 . 3/ No source of .incase is rcuo.rt;th.lr. unless by o!. �romi.:; the income received • i. cd to the public otL'.i.c i.;1;l. :i,t�; r,:.c r.t I:.i�(: $�; the preceding 12 month reporting period . J 0 in v..t.lu, during Exhibit 13