HomeMy Public PortalAboutOrdinance 5611
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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.
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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
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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
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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.
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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
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APPENDIX "A"
1
ORDINANCE NO. 561
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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
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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
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APPENDIX "A"
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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"