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HomeMy WebLinkAboutOrd 09-02 ConflictOfInterest ORDINANCE NO. 9 - 02 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE CITY'S CONFLICT OF INTEREST CODE THE DUBLIN CiTY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1: The ptarpose of this ordinance is to comply with the requirement of Section 87306 of the California Government Code to amend the City of Dublin's Conflict of Interest Code, Chapter 2.24 of the Dublin Municipal Code, to reflect changed circumstances and the addition and deletion of positions with the City. SECTION 2: Section 2.24.015 of the Dublin Municipal Code is hereby added to read as follows: "Section 2.24.015---Definitions. The definitions contained in the Political Reform Act of 1974, the regulations of the Fair Political Practices Commission (Cal. Code Regs., tit. 2, §§ 18100-18997), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code." SECTION 3: Section 2.24.020 of the Dublin Municipal Code is hereby amended to read as follows: "Section 2.24.020 Designated positions. The positions listed below are designated positions. Officers and employees holding those positions are designated employees and, for purposes of the Political Reform Act of 1974, are deemed to make, or participate in the making, of decisions that may foreseeably have a material effect on a financial interest. Designated Position Disclosure Category Community Development Director 3,4 Economic Development Director 2 Parks and Community Services Director 2 Planning Manager 3,4 Public Works Director/City Engineer 2 Building Official 3,4 Assistant City Manager 2 Administrative Services Director 2 Consultants* 2 ' Consultants shall be included in the list of designated employees and shall disclose pursuant to the terms of Disclosure Category 2, subject to the following limitation: The city manager may detenuine in writing that a partiodar consultant, although a "designated position" is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this article. Such a written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The city manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. SECTION 4: Section 2.24.040 of the Dublin Municipal Code is hereby amended to read as follows: "Section 2.24.040 Disclosure statements: Place of filing. Designated employees required by this code to file disclosure statements shall file their statements with the City Clerk who will make the statements available for public inspections and reproduction. Statements for all designated employees will be retained by the City Clerk." SECTION 5: Section 2.24.050 of the Dublin Municipal Code is hereby amended to read as follows: "Section 2.24.050 Disclosure statements: Time of filing; Contents and period covered. A. Initial Statements. Each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. The initial statement shall disclose reportable investments, interests in real property, and business positions held on the effective date of the amendment to the code and shall disclose any income received during the 12 months prior the effective date of the amendment to the code. B. Assuming Office Statements. All persons assuming designated positions shall file an assuming office statement within thirty (30) days after assuming the designated position. Assuming office statements shall disclose any reportable investments, interests in real property, and business positions held on the date of assuming office and shall disclose income received during thel2 months prior to the date of assuming office. C. Annual Statements. Persons holding designated positions shall file an annual statement no later than April 1. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year; provided, however, that the period covered by an employees first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. D. Leaving Office Statements. All persons who leave designated positions shall file leaving office statements within thirty (30) days of leaving office. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received at any time during the period since the closing date of the previously filed statement and the date of leaving office." SECTION 6: Section 2.24.060 of the Dublin Municipal Code is hereby amended to read as follows: "Section 2.24.060---Disclosure statements: Manner of reporting. Disclosure statements shall be made on the forms supplied by the City Clerk and shall contain the following information: A. Contents of Investment and/or Real Property Reports. When an investment, or an interest in real property is required to be reported under the provisions of this code, the report shall contain: 1. A statement of the nature of the investment or interest in real property; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 2 3. The address or precise location of the real property; 4. A statement of whether the fair market value of the investment or interest in real property exceeds $1,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. 5. For purposes of disclosure under this code, "interest in real property does not include the principal residence of the filer. B. Contents of Personal Income Reports. When personal income or a source of personal income is required to be reported, this statement shall contain: 1. The name and address of each source of income aggregating $500 or more in value, or $50 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, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000. 3. A description of the consideration, if any, for which filer received the income, 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, and date on which the filer received the gift, 5. In the case of a loan, the annual interest rate, the term of the loan, and the security, if any, given for the loan; C. Contents of Business Entity Income Reports. When the income of a business entity, including income of a sole proprietorship, is required to be reported by an employee or officer holding a designated position, the statement shall contain: 1. The name and address and 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 $10,000 during a calendar year. C. Contents of Business Position Reports. When business positions are required to be reported, persons holding designated positions shall list the names and address of each business entity in which the filer is a director, officer, partner, trustee or employee, or in which the filer holds any position of management, shall describe the business activity in which the business entity is engaged, and shall disclose the filer' s position with the business entity. SECTION 7: Section 2.24.070 of the Dublin Municipal Code is hereby amended to read as follows: "Section 2.24.070--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 disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal." 3 SECTION 8: PUBLICATION AND EFFECTIVE DATE. In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in'at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California PASSED, APPROVED, AND ADOPTED by the City Council of the City of Dublin on this 18th day of June, 2002, by the following votes: AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None ATTEST: i ~,Cit/~Cler--~/ ~ - - K2/G/6-18-02/ord-coi.doc (Item 6.1 ) J:\wpdXMnrsw\114\00 lX2002\Ord\conflictcode041602.rtf 4