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HomeMy Public PortalAbout83-032 (03-15-83)RESOLUTION NO. 83 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPLEALING RESOLUTION NUMBER 76 -85, AND ADOPTING THROUGH INCORPORATION BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD CONFLICT OF INTEREST CODE, 2 CAL. ADM CODE SECTION 18730 THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Repeal of Resolution Number 76 -85 The City Council of the City of Lynwood does hereby repeal Resolution Number 76 -85, in its entirety, entitled "Resolution of the City Council of the City of Lynwood Adopting a Conflict of Interest Code Applicable to Members of the City Council Pursuant to the Political Reform Act of 1974." SECTION 2 Adoption of Standard Conflict of Interest Code The Political Reform Act, Government Code Sections 81000, et sec ., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal Adm. Code Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings There- fore, the terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Exhibit "A" in which officials and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Lynwood, California. Pursuant to Section 4(B) of the standard Code, designated employees shall file statements of economic interests with the agency which shall make and retain a copy and forward the originals to the code reviewing body which shall be the filing officer. SECTION 3 Notification The City Clerk is authorized and directed to notify the Fair Political Practices Commission, Legal Division, P. O Box 807, Sacramento, California 95804 that the City of Lynwood has adopted the standard Conflict of Interest Code. APPROVED AND ADOPTED THIS 15th day of March 1983. ayor, City of Lynwoo r [:YWY"I City Clerk, City of Ly wood APPROVED AS TO FORM; City Attorney �— EXHIBIT "A" CONFLICT OF INTEREST CODE CITY OF LYNWOOD The following positions hereby are declared to be "designated employees" for purposes of the City of Lynwood Conflict of Interest Code: Accounting Manager City Manager City Attorney City Clerk City Treasurer Fire Chief Director of Community Development Director of Public Works /City Engineer Recreation Director 4293P/1269/00 ALL CITIES, COUNTIES OR LOCAL AGENCIES which have adopted the standardized conflict of interest code (2 Cal. Adm. Code Section 18730) need to let us know so that we can keep them up to date on amendments to the code. Please take a minute to complete this page and return it to: FPPC, Legal Division, P. 0. Box 807, Sacramento, CA 95804. The conflict of interest codes of the following cities, counties and /or agencies now incorporate by reference the terms of 2 Cal. Adm. Code Section 18730: City of Lynwood, California Proposed amendments to this regulation should be sent to the following address: City Clerk City of Lynwood 11330 Bullis Road Lynwood, California 90262 4293P/1269/00 Reculations of the Pair Political Practices Cora (Title 2, Division 6 of the California Auministrative Code) 18730 Provisions of Conflict of Interest Codes (Cov. Coee Sections 67300 - 67302) (a) Incorporation by reference of the terms of this regulation alony with the designation of employees and the formulation of disclosure categories in the Appenuix referred to below constitute the adoption and promuiyazion of a Conflict Of Interest Code within the meaning of Govern;,.eRt Code Section 37300 Or the dmeROmeRt Of d,CC nfliCt Of Interest Code within the meaning of Government Code Section 87307 if the terns of this regulation are substitutec for terms of a Conflict of Interest Code already ir. effect. A code so amended or adopted and promulgatea requires *_he reporting of reportable items in_ a manner substantially equivalent to the recuirements of Article 2 of Chapter 7 of the Political .R.--fora act, Government Code Sections 81000, at sec. The recuirements of a Conflict of Interest Code are in audition to other requirements of *_he Political Reform act, such as the general proh ibition against conflicts of interest containec in Government Code Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a Conflict of Interest Coce amended or adcoced and promulgated pursuant to tnis regulation are as follows: (1) Section 1. De* "initions. The cefinitions contained in the Poiitica� Reform Act of 1974, regulations of the Pair Political - ' - 1 3730 i Practices Commission (2 Cal. Adm. Code Sections 13100 et sea.), and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. (2) Section 2. Desianated Emvlovees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests (3) Section 3. Disclosure Categories. This Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this Code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant -to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et se 1/ Designated employees who are rev_uired to file statements of economic interests under anv other agency's Conflict of Interest Code, or under article 2 for a diff -event jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file conies of this expanded statement with both entities in lieu of filing separate and distinct statements, providea that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section 8100;. - 2 - 18730 r ' i Such persons are covered by this Code for disquali- fication purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeablv can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees required to file statements of economic interests pursuant to this Conflict of Interest Code to file in accordance with one of the following procedures:? (A) All designated employees shall file statements of economic interests with the agency. Upon receipt of the statements of ?/ See Government Code Section 81010 and 2 Cal. Adm. Code Section 18115 for the duties of filing officers and persons in agencies who make and retain copies of stace- ments and forward the originals to the filing officer. E - 3 - 19730 economic interests of the head of the agency and members of boards or commissions not under a department of state or local govern - ment, the agency shall make and retain a copy of each and forward the originals of these statements to the code reviewing body, which shall be the filing officer with respect to these statements. Such statements shall be forwarded to the code reviewing body within five days after the filing deadline or five days after receipt in the case of statements filed late. (3) All designated employees shall file statements of economic interests with the agency, which shall make and retain a copy and forward the originals to the code reviewing body, which shall be the filing officer. (C) All designated employees shall file statements of economic interests with the code reviewing body. (5) Section 3. Statements of Economic Interests: Time of riling. (A) Initial Statements All designated employees employed by the agency on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing I - 4 - 13730 body, shall file statements within thirty days after the effective date of this Code. Thereafter, each person aireauv in a position when it is designateu by an amencment to this Code shall file an initial statement within thirty days after the effective gate of the amendment. (B) Assuming Office Statements Ali persons assuming designateu positions after the effective date of this Code shall file statements within thirty days after assuming the aesignatea positions, or if suo3ect to State Senate confirmation, tairry Bays after being nominated or appointed. (C) Annual Statements Ail designated emalovees shall file statements no later than Anril 1. (0) Leaving Office Statements Al' persons who leave designates positions sna_1 file statements within thirty days after leaving office. (6) Section o. Contents of and Period Covered by Statements of Econo - mic Interests. (A) Contents of Initial Statements Initial statements shall disclose any recortaale investments, interests in real pro erty anu 5 - i3730 business positions held on the effective date of the Code. (3) Co ntents of Assuming Office Statements. Assuming office statements shall disclose anv reportable investments, interests in real property anc business positions held on the date of assuming office or, if subject to State Senate confirmation or appo '_nt:nent, on the gate of nomination. (C) Contents of annual Statements Annual statements shall disclose any reportaL�ie investments, interests in real prooerty, income and business positions heio or received during the previous calenaar year provides, however, that the period covered by ar. employee's first annual statement shall begin on the effective date of the Code or the date of assuming office whichever is later. (D) Contents of Leaving office Statements Leaving office statements shall disclose reportable investments, interests in real property, income anc business positions h.ela or received during the period bet the closing date of the last statement fiieu and the date of leaving office. - 6 - 13730 (7) Section 7. Manner of Reporting. Statements of economic interests shall be -.ace on forms prescrijeu ov the ?air political Practices Commissicn ana suppliea by the agency, and shall contain the following inror."nation: (n) 1—vestment and. Real property Uiscicsur° ;hen an investmient or an interest in real property3/ is re4uired to be reporteu, the statement shall contain the following: 1. h statement of the nature of the investment or interest; Z. The name of the ousiness entity in which each investment is held, anu a general description of the business activity in which the business entity is engages; 3. The address or ot-er orecise location of the real property; 3/ ; the purpose of disclosure only (not dis- qualification), an interest in real propertv foes not i. ^.close the principal residence of tae filer. Investments aau interests in real procert,, which have a fair market value of lass tnan $1,000 are not investments ana interests _n real property 'witnin the a:eaning cf the political Reform Act. However, ir.vest:ients or interests in real crooert,; of an incivicual inciude these held ov tae �Rdividual�s spcuse anc iependent chilcren .:ell as 6 prc rata share o investment cr interest in real pracert': Or aC'i usiness entity or trust which the ineiviauai,� sccuse and decencent cRilaren Owr, I in tae = g,revate, d d.ir ect, _ndirect or beneficial _..teresL df LV percent or Greater. _ ?730 i 4i v stcte�ent '�ret er = � _alr oilars (Si�,00u „ or e:ceaua cn_ hunurec caousanu so_ Lars i,9l cG,u6u; :;.come Uisci_sur =_ �i:zer. personal lnccme is rec�'rec ::e r °i.0 `_ t Starement S; all contain: 1. The name and address of each source of income aggreaating two hundred fifty dollars (5250) or more in value, or fifty dollars (550) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; A stateiaent whether t :ne ag(lr -2 value o= income from eaca source, er jr. t. ^, case of a loan, tile_ a1coun: owea to eaca source, was one tncusana collars (51,000) Cr less, eater than one _ cusar.d dollars (5-,000), or ureater than ten thousanc cedar=_ ,5_O,000); c i — A uesianateu employee's . n er cc.m.nuni property Ln LereSt L t : ^. spouse cut does not include sa'_ary or expenses receives 'rota a state, local agency. ! nc0X.e _ c LI c es :'-! is Or e Lacor.,e is or her YeL- ::urse:ae�t °cr or fecera_ covernmenz _ - : _ io,u Y 3. A description of the consideration, if any, for which the incou,e was receiveu; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; ano the date on which the gift was received; S. In the case of a loan, the annual interest rate and the security, if any, given for the loan. (C) Business Entity Income Disclosure when income of a business entity, incluciny income of a sole proprietorship, is reuuirec to be reportec,b the statement shall contain: 1. The name, aadress, ana a general description of the business activity of the business entity; 2. The name of every person fro,: whom the business entity receiveu ayments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousana dollars (S10,000). b/ Income of a business entity is reportaple if the direct, indirect or beneficial interest o' the filer anu _he filer's spouse in the business entitv aggregates a 10 percent or greater interest. In adaition, the disclosure of persons who are clients or customers of a business entity is reauired only if the clients or customers are within one of th= disclosure categories of the filer. A (D) Business Position Disclosure 1 ,-1 7 hen business positions are reuuired to be reporteu, a designates emplovee shall list the name -an address of each business entity in wnich 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 activity in which the business entity is engaged, ana the designated employee's position with the business entity. (S) Acquisition or Disoosal During rieporting Period In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wnolly ac_uireu or disposed of during the period covered b_v the statement, the statement shall contain the aate of acquisition or disposal. (8) Section 8. Disqualification. No designated employee shall make, participate in making, or use his or her official positions to influence the making of any governiaentai aecisicn which will foreseeanly have a material fir:ancial effect, distinguishaole froir. its effect on the public generally, on: (A) Any business entity in inicn cne uesignatea eiaolovee has a direct or inairect investment worth more than one thuusana ullars ($1,000); 0 3730 i (3) Any real property :.n which the designated employee has a direct or indirect interest worth more tnan one thousand dollars (S1,000); (C) Any source of income, other than loans by a comiaercial lending institution in the regular course of business on terms available to the public without regard to official status, adgregatiny two hunared fifty dollars (S230) or more in value provided to, received by or promised to the designated emplovee within twelve rLonths prior to the time wnern the aecision is made; or (D) Any business entit_a in which the designated emplovee is a director, officer, partner, trustee, emplovee, or holds any position of management. No designated employee shall be prevented from making or participating it the making of any decision to t: extent his or her participation is lega'Liv required for the decision to be maue. The *'act that the vote of a designated emplovee +no is on a voting oody is needeu to break a tie does not :.ae his or her participation leyali_> reuuirea for purUosts of this section. (9) Section 9. :fanner of Discualification. When a designated es-,plovee ceter:aines that he or she should not make a gavern::entai cecision - ll - 18730 because ^.e or she has a financial interest in it the determination not tO act must be acconizanied L;v disclosure_ Of the financial interest. ?.^. ta Case Of a vOting body, this determination and diSClOSUre shall be :Wade part of the acency's official record; in the case of a designated employee :mho is tae head of an acencv, this cecerninacion and ciscicsure shall oe mace in writing to his or her apLjolnting authority; and in the Case Cf ot designatea emolovees, this deter:ination aria disclosure s%al1 be mace in writing to the designated employee's supervisor. (10) Section 10. Assistance of the Commission and Couns 7. Any designated emnlovee who is unsure of his or her duties under this Code may request assistance tram the Fair ?olitical ?ractices Commmission pursuant to Government Code Section 83114 or frcc the actor:ne': - or his or her agency, provicec teat .^.ething this section requires the attorney for t. ^.e ace. ^.C_: to issue any =or:[lal Or in fOrrai Cpinion. (11) Section 11. Violations. =his Coce has the force anc effect - -f maw. Cesignatec emolovees violatinc an.: crovislcr. of tats Code are subject to the dC n:1n15tratiPe, Cr i.T. �.:ct and civil sanctions - rovicea in t..e Poiiu -Cal. Reform Act, Gcver^.ment Code Sections 01000 - 91011. _ �- �oi3C In addition, a decision in relation to which a violation of tae discualiication provisions or this Coce or Government Coce Section 3 ..as occurred may be Set aside as PCid OIIrSi:aRC to Government Code Section 91003. nistorv (1) New section `ilec as emergency April 2, 1980; effective unor: _ilinc. (2) Amendment (o) filed 1/9/81; effec ove 2/8/81. - 13 - _ 30- STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 15th day of March 1983., AYES: COUNCILMEN BYORK, GREEN, MORRIS, ROWE, THOMPSON NOES: NONE ABSENT: NONE ^+ 'r a 1cG(/ L�. City Clerk, City of Lynwood