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HomeMy WebLinkAboutReso. 78-076 - Consideration of an Amended Conflict of Interest Code for City Council Members and the City Manager, and an Amended Conflict of Interest Code for Designated Officers, Employees and Planning Commissioners of the City of Redding • RESOLUTION NO. 7 G`�C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SETTING A PUBLIC HEARING FOR THE CONSIDERATION OF AN AMENDED CONFLICT OF INTEREST CODE FOR CITY COUNCIL MEMBERS AND THE CITY MANAGER, AND AN AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED OFFICERS, EMPLOYEES AND PLANNING COMMISSIONERS 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 an amended Conflict of ' Interest Code for members of the City Council and the City Manager, and the attached draft of an amended Conflict of Interest Code for designated officers , employees and Planning Commissioners 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 June 12, 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 amended conflict of interest code for City Council members and the City Manager, and a proposed amended conflict of interest code for designated officers, employees and Planning Commissioners of the City of Redding , such hear- ing to be on Monday, July 3 , 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 Park- view Avenue, Redding, California 96001. At the hearing any Council member, officer, employee or Planning Commissioner of the City, or any resident within its jurisdiction 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 a regular meeting of the City Council of the City of Redding on the 5th day of June, 1978, and was duly adopted at said meeting by the following vote: 00 -1- • • • AYES : COUNCILMEN: Fulton, Gard, Kirkpatrick, Pugh, and Demsher NOES: COUNCILMEN: None ABSENT: COUNCILMEN : • None DONALD M. DEMSHER ATTEST: Mayor of the City of Redding `MILDRED L. BRAYTON„City Clerk Few APPROVED:, rLCy 1.`ZiG L,ff EARL D. MURPHY, ity /[attorney • • • -2-. • • I . ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING TITLE 2 OF THE REDDING MUNICIPAL CODE BY REPEAL- ING CHAPTER 2 . 89 AND SUBSTITUTING THEREFOR A NEW CHAPTER 2 . 89 , AN AMENDED CONFLICT OF INTEREST CODE FOR MEMBERS 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 repealing Chapter 2 . 89 and substituting therefor a new 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 Countil 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 re- quired, pursuant to Government Code Section 87200 , to disclose investments , interests in real property , and income. No other or no additional disclosure requirements are imposed by this conflict of interest code. Statements shall be filed with the City Clerk who shall make and retain copies of same and trans- mit originals to the code reviewing body, which is the Fair Political Practices Commission , within five days. of receipt. -1 • - • 2. 89. 050 Conflict of interest code; disq rlification. 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 him- self or herself 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 any economic interest, as defined in Government Code Section 87103. No member of the City Council, nor the City Manager , shall be prevented from 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 • -2= • ` S �: ' a• ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING TITLE 2 OF THE REDDING MUNICIPAL CODE BY REPEAL- ING CHAPTER 2 . 90 AND SUBSTITUTING THEREFOR A NEW CHAPTER 2 . 90 , AN AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED OFFICERS, EMPLOYEES AND PLANNING COMMISSIONERS OF 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 repealing Chapter 2 . 90 and substituting therefor a new Chapter 2 . 90 , as follows: CHAPTER 2 .90 CONFLICT OF INTEREST CODE FOR DESIGNATED OFFICERS , EMPLOYEES AND PLANNING COMMISSIONERS OF THE CITY Sections : 2 . 90. 010 Adoption. 2 . 90. 020 Designated persons. 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 Redding hereby adopts this Conflict of Interest Code, which shall be applicable to all designated officers, employees and Planning Commissioners of the City as specifically required by California Government Code §87300. This Code has the force and effect of law. Designated persons violating this Code are subject to the sanctions pro- vided in Chapter 11 of the Political Reform Act, Government Code §91000 , et seq. 2. 90 . 020 Designated persons. Government Code §87302 (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 persons. All persons who hold the positions enumerated in Exhibit A are designated persons. 2 . 90 . 030 Disclosure statement; filing. A. Each designated person shall file annual statements at the time and in the manner prescribed in this Code , dis- closing reportable interests in real property, investments in business entities, and income which might foreseeably be -1- affected materially by the operations of the City. It has been determined that it is foreseeable that the types of in- vestments , interests in real property, and income listed in Exhibit B may be affected materially by decisions made or participated in by the designated person by virtue of his or her position. Such interests are reportable if held by the designated person. B. Initial statements shall be filed by each designated person 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 person ' s previously filed statement and December 31st. Such statements must be filed no later than January 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 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 dur- ing the period covered by the statement, whether or not they are still held at the time of filing. E. Persons appointed, promoted or transferred to desig- nated positions shall file initial statements within thrity days after the date of assuming the position. F. The statement shall be filed with the City Clerk. 2 . 90 . 040 Disclosure statements; contents . The manner of reporting reportable interests shall be pursuant to Government Code §587206 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 re- quired 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 invest- ment 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; -2- . • • . . 5. In the case of an investment which constitutes 50% or more of the ownership interest in a business entity, dis- closure of the investments and interests in real property of the business entity; 6 . If the property or investment was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal. B. Contents of Income Reports : 1. When income is required to be 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 in- come 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. The name, address, and a general description of the business activity of the business entity; b. 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 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. In addition, for purposes of subparagraphs b and c of this section , the dis- closure 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 person 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 . -3- 2 .90 . 050 Disqualification. • A designated person must disqualify himself or herself 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 any reportable economic interest (except gifts of less than $250) or upon any business entity in which the designated person holds a position of management or is a director, officer, partner, sole 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 partici- pation is legally required for the decision to be made. 2. 90 . 060 Definitions. Except as otherwise indicated, the definitions of words and terms used in this Conflict of Interest Code shall be those definitions contained in the Political Reform Act of 1974 , Government Code §81000 , 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 person with an instruction manual and statement of economic interest forms. 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 • • • • -4- • CITY OF REDDING Designated Positions GROUP I - Persons occupying the following positions are designated persons and must disclose financial interest in all categories de- fined 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 Director of Personnel and Labor Relations Fire Chief Director of Parks and Recreation Housing and Redevelopment Administrator Airports Manager Assistant City Engineer Senior Associate Planner Superintendent - Public Works Planning Commissioners GROUP II - Persons occupying the following positions are desig- nated persons and must disclose financial interest defined in Categories 2 and 3 of Exhibit B: Superintendent - General Services Auditorium Director Associate Civil Engineer Traffic Engineer Superintendent - Electric Museum Curator Purchasing Officer Executive Assistant Housing Specialist Chief Housing Counselor Exhibit A • • . Disclosure Categories Category 1 • (a) Interests in real property — which is located in whole or in part either (1) within the boundaries of the City , or (2) within two miles of the boundaries. of the City , including any . leasehold, beneficial or ownership interest or option to acquire such interest in real property, if the fair market value of the interest is greater than $1 , 000 , or (3) within two miles of any land owned or used by the City. (b) Investments �/ in or income / 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 a/ in or income / from persons or business • entities engaged in the acquisition or disposal of real property within the jurisdiction. Category 2 • Investments Z/ in or income 2/ 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 / 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 business entity or trust in which the designated employee or his or her spouse owns , directly, indirectly , or beneficially , a ten per cent interest or greater. (B) 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 income is 'rep• ortable unlessthe received • the income by or promised to the public official aggregates $250 in value during the preceding 12 month reporting period. Exhibit B •