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HomeMy Public PortalAboutOrdinance 5611 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 561 AN ORDINANCE OF THE CITY OF BEAUMONT ADOPTING A CONI'LICT OF INTEREST CODE FOR THE CITY OF BEAUMONT PURSUANT TO CALIFORNIA GOVERNMENT CODE 87300 ET SEQ. The City Council of the City of Beaumont, a California muni- cipality does ordain as follows: SECTION 1. INTRODUCTION. In compliance with the Political Reform Act of 1974, Califor- nia Government Code Section 81000, et seq., and specifically with Section 87300 et seq., the City Council of the City of Beaumont hereby adopts this Conflict of Interest Code which shall be applicable to all designated employees of the agency. The require- ments of this Code are in addition to other requirements of the Act such as the general prohibition against conflicts of interest contained in Government Code Section 87100, and to any other state or local laws pertaining to conflicts of interest. SECTION 2. DEFINITION OF TERMS. The definitions contained in the Political Reform Act of 1974, the regulations of the Fair Political Practices Commission (2 Cal. Adm. Code Sections 18100 et seq.), and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. SECTION 3. DESIGZATED EMPLOYEES. The persons holding positions listed in Appendix A, which is attached hereto and incorporated herein in its entirety, are designated employees. It has been determined that these officers and employees make or participate in the making of decisions which may foreseeably have a material effect on financial interests. SECTION 4. DISCLOSURE STATEMENTS . A designated employee shall be assigned one or more of the disclosure categories set forth in Appendix B which is attached hereto and incorporated herein in its entirety. It has been de- termined that the financial interests set forth in a designated employee's disclosure category are the types of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. Each designated employee shall file statements of economic interests disclosing his or her financial interests as required by the applicable disclosure category. SECTION 5. PLACE OF FILING. All designated employees required to submit a statement of economic interests, shall file the original with the City Clerk, who shall be the filing officer for all designated employees. Upon receipt of the statement of economic interests from the Designated Employees, the City Clerk shall make and retain a copy and forward the originals of these statements to the City Council who shall be the filing officer, within five (5) days of the filing deadline or five (5) days of receipt in the case of state- ments filed late. // Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION 6. TIME OF FILING. a) Initial Statements. All designated employees employed by the agency on the effective date of this Code shall file state- ments within thirty (30) days after the effective date of this Code. b) Assuming Office Statements. All persons assuming designated positions after the effective date of this Code shall file statements within ten (10) days after assuming the designated positions. c) Annual Statements. All designated employees shall file statements no later than April 1. d) Leaving Office Statements. All persons who leave designa ted positions shall file statements within thirty (30) days after leaving office. SECTION 7. CONTENTS OF STATEMENTS. a) Contents of Initial Statements. Initial statements shall disclose any reportable investments and interests in real property held on the effective date of the Code. b) Assuming Office Statements. Assuming office statements shall disclose any reportable investments and interests in real property (and management positions) held on the date of assuming office (or on the date of nomination whichever is earlier). c) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, and income held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statements 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 rea property, and income held or received during the period between th closing date of the last statement filed and the date of leaving office. SECTION 8. MANNER OF REPORTING. Disclosure statements shall be made on forms supplied by the Fair Political Practices Commission, and shall contain the following information: a) Contents of Investment and Real Property Reports. An investment in or other interestit real property that otherwise is required to be reported only for purposes of disclosure only (and not by way of disqualification) need not be reported for purposes of the Political Reform Act (hereafter called the "act") if any of the following conditions exist: 1) If the real property is the principal residence of the filer; or 2) If the investment or interest has a fair market value of less than $1,000. However, investments or interest in real property of an individual include those held by the individual's spouse and/or dependent children as well as including any pro rata share of any Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 investment or interest in real property of a business entity or trust in which the individual, his or her spouse or children own, in the aggregate, a direct, indirect or beneficial interest of ten percent (10%) or greater. 1) A statement of the nature of the investment or in- terest; 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 investment or interest in real property exceeds one thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). b) Contents of Personal Income Reports. When personal income is required to be reported, a designated employee's income includes his or her community property interest in the income of his or her spouse, the statement shall contain: 1) The name and address of each source of income aggre- gating two hundred 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 income from each source was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), or 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, a description of the gift, the amount or 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, income of a business entity is report- able if the direct, indirect or beneficial interest of the filer, spouse and dependent children in the business entity aggregates a ten percent (10%) or greater interest. In addition, the dis- closure of persons who are clients or customers of a business entity is required only if the source is within one of the disclosure categories of the filer. The statement shall contain: 1) The name, address and a general description of the business activity of the business entity; 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). d) Contents of Consultants Statements. 1) The City Manager may determine in writing that a Page 3 1 2 3 4 5 6 '7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in Appendix A. 2) Such determination shall include a description of the consultant's duties and, based on that description, a statement of the extent of disclosure requirements. 3) The City Manager shall forward a copy of this deter- mination to the City Council. 4) Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code. e) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or interest in real property was partially or wholly acquired or dis- posed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. SECTION 9. DISQUALIFICATION. Designated employees must disqualify themselves from making, participating in the making or using their official positions to influence the making of any governmental decision 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 interest worth more than one thousand dollars ($1,000); b) Any real property 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 (12) months prior to the time when the decision is made; or 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 or her participation is legally required for the decision to be made. SECTION 10. MANNER OF DISQUALIFICATION. A designated employee required to disqualify himself or her- self shall notify his or her supervisor in writing. This notice shall be forwarded to the head of the designated employees department, who shall record the employee's disqualification. // // // // Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Upon receipt of such statement, the supervisor shall reassign the matter to another employee. MOVED, PASSED AND ADOPTED at a regular meeting of the said City Council duly held on December 13, 1982 by the following vote: AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thornpsor. NOES: None. ABSTAIN: None. ABSENT: None. lAYOR OF THE CITY OF BEAUMONT CERTIFICATION I, Edna J. Burkett, City Clerk of the City of Beaumont DO HEREBY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council of said City held on the 22nd day of November , 1982, and was duly adopted on the 13th day of December , 1982. CITY CLERKS CITY OF BEAUMONT Page 5 APPENDIX "A" 1 ORDINANCE NO. 561 2 3 4 DESIGNATED POSITIONS DISCLOSURE CATEGORY 5 A. City Staff under City Manager 6 Building Inspector 3, 4 7 Business License Inspector 3, 4 City Engineer 3, 4 8 Director of Community Development 3, 4, 5, 6, 7 9 Director of Planning 3, 4, 5, 6, 7 10 Director of Public Works :3, 4, 5, 6, 7 Fire Chief 3, 4, 5 11 Police Chief 3, 4, 5 12 Purchasing Officer 6, 7 13 14 B. City Attorney Staff 15 City Attorney 1, 2, 3, 4, 5, 6 16 Assistant City Attorney 1, 2, 3, 4, 5, 6 17 Consultants 1, 2, 3, 4, 5, 6, 7 18 C. Consultants 1, 2, 3, 4, 5, 6, 7 19 20 21 22 23 24 25 26 27 28 29 30 31 32 APPENDIX "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Category 1: Category 2: Category 3: Category 4: Category 5: Category 6: Category 7: APPENDIX "B" ORDINANCE NO. 561 DISCLOSURE CATEGORIES All investments and sources of income. All investments in real property. All investments, interests in real property and sources of income subject to the regulatory, permit or licensing authority of the depart- ment. Investments in business entities and sources of income which engage in land development, con- struction or the acquisition or sale of real property. Interests in real property located within two miles of any land owned or used by the City of Beaumont. Investments in business entities and sources of income of the type which within the past two years have contracted with the City of Beaumont to provide services, supplies, materials, machinery or equipment. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide service, supplies, materials, malchinery or equipment. APPENDIX "B"