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
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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;.
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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
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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
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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.
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(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
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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.
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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