HomeMy WebLinkAboutItem 6.1 Conflict Of Interest CTTY CLERK
# 640-40
AGENDA STATEMENT
CITY COUNCTL MEETING DATE: June 1.8 2002
SUBJECT: Amendments to Conflict of Interest Code (Municipal Code
Chapter 2.24)
. Reportprepared by Elizabeth H. Silver, City Attorney
and Kay Keck, City Clerk
ATTACItMENTS: 1) Chapter 2.24 of Dublin Municipal Code (Conflict of Interest
Code)
2) Red Lined Version of Chapter 2.24 Ordinance
3) Ordinance Amending Chapter 2.24 of the City's Conflict of
Interest Code
RECOMMENDATION: 1) Open Public Hearing
2) Receive Staff Presentation
/Q/~'dff 3) Receive Public Testimony
4) Close Public Hearing
5) Deliberate
6) Waive Reading and Introduce Ordinance
FINANCIAL STATEMENT: None
DESCRIPTION: The Political Reform Act requires cities to adopt Conflict of Interest
Codes that designate the staff positions within the city that involve the making of governmental decisions
that could foreseeably affect a financial interest of the employee. The Act also requires the Code to require
the "designated employees" to annually disclose their financial interests.
This is the second reading of an Ordinance which would make changes to the existing ordinance are shown
on the attached redline version of the proposed Ordinance. A clean copy of the proposed Ordinance is
enclosed as well. Beyond the clarifyihg revisions, the following changes are proposed:
1 / The Ordinance adds the following positions to the list of designated employees because
their decision making authority makes it possible that they could affect their own financial interests:
Assistant City Manager, Building Official and Administrative Services Director. The titles of the following
positions were updated to reflect their current usage: Economic Development Director (from Economic
Development Manager) and Planning Manager (from Planning Director, which is currently vacant).
COPIES TO: ~
ITEM NO.__
2. The Ordinance also adds to the Code a provision regulating consultants that the Fair
Political Practices Commission recommends for full compliance with the Political Reform Act.
3. The Ordinance adds a new provision to make clear that the terms used in the Ordinance are
defined in the Political Reform Act and the FPPC Regulations.
4. Consistent with changes to the Political Reform Act and FPPC Regulations, various
changes were made to update the dollar thresholds for disclosure.
Recommendation:
Staff recommends that the City Council conduct a public hearing; deliberate; waive the second reading and
ADOPT the Ordinance.
K:/G/6- 1802/as-coi.doc
J:\wpdLMnrsw\ 114\001 ~2002~genda\conflictcode_053002. doc
2.24,010
Chapter ~ herein and this code shall be intellxeted in
a manner consistent therewith, (Ord. 18 § 1,
CONFLICT OF INTEREST 1982) ·
CODE
:1.24.010 Purpose. The positions lis2d b~low ar~ d~gnated
2.24.020 Designated positions, positions. Officers and employes holding
2.24.030 'I)~ciosure statements, thos~ positions arc d~i~aa~ employes
2.~.0~0 Place of ~lln~. and, for purposes of the Political Reform
2.24.06~ Contents of disclosure ipa~ in the rna~g of decisions which may
statements, folly have a mat~ial eff~ on a fi-
2.24,070 Acquisition or dispo~ nancial interest..
2.24.090 Manner of
:1.24.100 Copies of regulations on F~x~mic
Manager 2
~e. Parks and Commtmity
services Director
r~" 2'24'010 Purpo~. P~a~ing ~ ~, 4
Pursuant to theprovisions of C-ovemment Public Works Die,or/
Code Sections 87300, et seq., the City Man- Comvltm~* 2
ager of the city, on behalf of the athninlstra-
tive staff of. the city 'and all consultants, (, ~ ~
hereby adopts the following conflict of
interest code. Nothing contained herein is to ak e~i¢ i~tm~t
intended ~ modify .or abridge the provi- offt~_~s who Manage l~bltc Inve~nents
'sions of the Political Reform Act of 1974
(GOvernment Code Section 81000, et seq.).
The provisions of this code are _.scl_ ditionsl to ~
GOvernment Code Section 87100 and other
laws pertaining to conflicts of interest, Administrativ~ Sendcez Director/Assistant City
· Managm
including but· not limited to GOvernment
Code Section 1090, et seq, The provisions (Ord. 3-96 § 1: Ord. 9-94 § '1; Ord. 8-92 §
of the Political Reform Act of 1974 and 1; Ord. 5-83 § 1; Ord. 18 § 2, 1982)
administrative regulations, promulgated
under authOrity .of said Aot by the' Fair 2.24.030 Disclosure statements.
. Political Practices Commission shall govern Designated positions shall be assigned to
over any inconsistent provisions of this one or more discl°sure cate. gories set forth
code. Except 'as otherwise ~dicated, the in this section, The disclosure categories
definitions of said Act and regulations shall be spec~, described as set forth
..~-_. adopted pursuant thereto are inco~orated
ATTACHMENT
in ~ section. Each employee or officer 2.24.040 Place of
holding a designmed ,position shall file Designated employees required by this
statements disclosing that employee's or code to file disclosure staten~nts shall
officer's interests in investments, real prop- th~ statements with the City Clerk who
erty, income and pos/dom of management will make the statements available for pub-
designated as reportable under the category lic inspection and reproduction. Statements
to which the employee's or officer's posi- for all designated employees will be re-
tion is assigned at the time, place and in the tained by the City Clerk. (Ord. 9-94 § 3:
manner as hereinafter provided. Ord. 15 § 4, 1982)
A. Disclosure Category 2. Inveslm~t in
business entities which are located within, 2.24.0~0 Time of ~!ng.
or do business~ plan to do business, or have A. An official or employe~ holding a
done business during the preceding two (2) designated position shall submit an ~
year period within the city, Interests in real statement within thirty (30) days after th~
property located in whole or in pan within effective date of this code. The initial state-
the city. Sources of income as defined by ment shall disclose reportable investments
the Political Reform Act of 19'/4, as amend- and interests in real property.
ed. Business positions with business entities B. Officers and. employees who are ap-
not otherwise reported as investments, inter- pointed, promoted or transferred to desig-
est in real property or sources of income,, nated positions shall file an initial statement
which are located within, plan to do busi- disclosing reportable invesunents, interests
ness, do business or have done business in real property and positions of manage-
during the preceding two (2) years within ment within thirty O0) days after the effe~-
the city., tive date of such appointment, promotion or
B. Disclosure Category 3. Investments transfer to a designated position.
in and business positions held in business C. Officers and employees holding
entities and sources of income which: designaxed positions shall tie an annual
1. Have interests in real property locat- statement no later than April 1st of the next
ed in whole or in part within the city: succeeding year. Such annual statements
Z Do business, plan to do business, or shall cover the period of the prece~g
have done business during the preceding calendar year. The annual statement shall
two (2) year period within the city and disclose such reportable investrnems, inter-
which engage in architectural, planning, ests in real property, sources ofincome, and
engineering, consmmlion, building, real positions of management as may be applica-
estate development or a re!steal field, ble.
(Business positions need only be reported D. An employee or' officer holding a
if the business entity has not otherwise been designated position who leaves such desig-
reported as an investment, source of income hated position voluntarily or involuntarily
or imere~ in real property.) shall file, within thirty 00) days thereof, a
C. Disclosure Category 4. Imin-ests in leairing office statement. Such statement
real properly which are located in whole or shall disclose reportable inveslments, inter-
in part within the city. (Ord. 9-94 § 2; Ord. ems in real property, income and positions
8-92 § 2; Ord; 18 § 3, 1982)
2.24.0~0
of management held'or received at,any time come was a gift, and a general description
during the period since the closing date of of the business activity, if .any, of each
the tneviously filed annual statement. (Ord. source,
18 § 5, 1982) · b. A statement whether the aggregate
value of income from each source, or in the
2.24.060 . Conten~s of disclosure case of a loan, the highest amount owed to
statemenis, each source, was at least two hundred fifty
Disclosure statements shall he made on dollars. ($250), but did not emmed one thou-
th~ 'forms supplied by tim City Cleric and sand dollars ($1,000), whether it was in
shall contain the followinginformati0n: excess of one .thousand dollars ($1,000), or
A. Contents of Investment and/or Real whether it was greater ~an ten thousand
Property Repom. ~ an investm~t, or dollars ($10,000),
an interest in real property is required Co be c. A description of the consi~on, if
· r~ under the provisions of this code, any, for which the inea~ne was re, mired.by
· the report shall contain: .', the filer,
1.. Astatemenzofthe.nature of.the i~- d. In the case of a gift, the amount enCl
" vestment or in~t in real property;, date.on which the gift was receive~
2. The narn~ of the business entity in e. In the case of a loan, the annual'
which each investment is held, and a gener- interest rate and the security, if any, given
.-. al description of the busine~ activity in for th~ loan;
which the business entity .is engaged; 2. When the income of a business enti-
3. The address or other precise location ry, including income of a sole. proprietor-
4..A statement whether.the fair market ployee or ~ holding a designated posi-
value' of the inveslme~ or the interest in- tion,, the rstatement shall 'contain:
mai property.exceeds one thousand dollars a. The nam~ and address and general
($'1,000) but does not exceed ~ thousand description of the ~. activity of the
dollms ($10,000), whether it -exceeAs ten businoss entity,
thousand dollars ($10,000)' but 'does not b, In the case of a business ~ntity which
($I00,000), or whether it exceeds one hun- n~r~ of every person who paid fees to the
tired thoUSand dollars ($100,000); business entity if tlie flier's pro ram sham
5. . For purposes of disclosure underthis of fees from such person was ~ to or.
code, "interest in real property" does not greater than one thousand dollars ($1;000),
include the principal msid~co of the filer, c. -In ~ cam .of a business ontity not
.B., Contents-of income reports: covered by subsection B2a of this section,
I. When personalincOme or a source.of the name of every .person from' whom· the
personal income is required.to he reported, business entity received, payments if the
. this statement simll contain: flier's pro rata sham.of gross r~ipts from
a. The name. and address of each sonrce such person was equal to or greater than ten
.of income aggregaling two hundred fifty thousand dollars ($I0,000) during a calen-
:.----... doilars ($250) or more in value if the in- dar year. ."-
C. Contents of Management Position meaming ascribed to it by Section 87103 of
Reports. When management positions are the Government Code. (Ord. 18 § 8, 1982)
required to be reported, 'officers and em,
ployees holding designated positions shall 2.24,090 Manner of
list thc names of each business entity not disqualification.
specified above in which they are a director, An officer or employee holding a
officer, parmer, trustee or eanployee, or in hated position required to disqualify himself
which they hold any lx~ition of manage- by the provisions of this code shall notify
ment. (Ord. 15 § 6, 1982) the City Manager in writing. TbeCity Mar~
ager shall forward such notificatio~ to the
2.24.070 A~l~n or disposal City Clerk for fding. (Ord. '15 § 9, 1982)
during reporting period.
In the disclosure statetmm filed under 2.24.100 Copies of regulatiom on
Section 2.24.050 C and D, if an investment
or interest in real property was partially or Copies of the Political Reform Act of
wholly acquired or disposed of during the 1974 and adminisuative regulations adopted
period covered by'the statement, the dat,'of pursuant thereto shall be maintained on file
such acquisition or disposal shall be report- and available for inspection in the office of
ed. (Ord. 18 § 7, 1982) the City Cle~ (Ord. 9-94 § 4:'Ord. 18 §
10, 1982)
2.24.080 Disqmdificafion.
A. Officers and employees holding
designated positions mUSt disqualify them-
making, or USing their official position to
influenc~ the making of any decision in
which they have a reportable financial inter-
est when it is reaso., nably foreseeable that
such interest might materially be affected by
thc decision. No such. officer or employee '
shall be required to disqualify himself with
respect to anY matter which could not be
legally acted upon without his participation.
B. Notwithstanding tl~ designation of
employees and positions herein, no official
or employee .of tbe city Shall rna. be or par-
ti&pate in the making of a decision to or
not to license, inspect, permit, contract, cite
or'investigate any business, or prol~rty with ~
which such of~-~ial or-employee has a fi-
nanciat interest. For the purpose of this sub-
section, financial interest shall have the
ORDINANCE NO.
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 purpose of this ordinance is to comply with the requirement of Section 87306 ofthe 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., fit. 2, §§ 18100-18997), and any amendments to the Act or regul~ons, 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. Officet's 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 determine in writing that a particular 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.
ATTACHMENT 2
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. I
I
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 '~""m";'" or ~'-'"' .... ,, k~;.~
.......................... , ~.,,,~ ,.,.~ ................................. 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 and~ 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. r~,,~,,. ,,,,,~
teAII persons assuming designated positions shall file an ini*ja! assuming office statement stateme~
days "*"' *~'" "~"*;"" '~"*" "; "'"'~' ~,,,,,;,,,,,,,,, ,,,,,,,,,,;,,,,
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 the12 months prior to the date of assuming office.
C. Annual r~,,,,,,, Persons holding designated positions shall file an
Stateme.nts.. ........ ""'~ "'"""'""""
annual statement Re-later4hamno later than, April I
applic, abt~.Annual statements S .h. all 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. /'"" '""'""'""" "";'"~" ~'"~'~;"" '~ '~"°;"""~"'~ """;~;"" "'~'" "~'"'" "'"'~'
d,,,';,,-',+,~,~ ,,,,,';+;"" ,,-,~,,"+"",' cr ;"'"'~'"'+"'~"' "~'~" ~;~" ~' persons who leave desi.qnated positions shall file
leaving office statements within thirty (30) days themefof leaving office., a Iccvi.-,.~ c~ ".,+-,,.,*~m¢.-.t Such
Leaving office statements_ shall disclose reportable investments, interests in real property, income and
,.,,.,~.;+;,~,e ,.,,( mo,~..,,-,~,m~n~- hu=in=c~ nn~ifinn~ h~_lcl nr received at any time dudng the period since the closing
date of the previously filed annual-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--Ce~ts~f~lDisclosure 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;
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
· '"~' *"-..o~"~ '~^"~-' ($1 000) ~"'* '~"~o -'-* ~v,,~,,a ~,~, ,, ...... ,~ a,,.~,/¢~n nnn~ whether-i~xceeds ten
.,,...,.~,,a a,..~... ($10 000) ~"'* a.,.,.. ,.,, ,.,,,.,.....,,,,. ~,...,a.,.a .,,...,.~.,a a,..~., mnn nnm er-whetherqt
e,,~ ,..,.. ~,..,,,.,,a f~,,,..~.,a a~,,o,o ~,t nn nnm_ ed $1 00,0, 000
................................... ~,, ....... ~.. or exce s,, . . .,
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 ReportsL
.-l~When personal income or a source of Personal income is required to be reported, this statement shall
contain:
al._ The name and address of each source of income aggregalJng ~'.'",.... ~',,,,,,.,,,,,,,'-'~'''a ~........,.......,a"""'" ($2500] or
more in value, or $50 or mom in val~e if the income was a gift, and a general description of the business
activity, if any. of each source.
b2_. 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 -* ~"-"~ ~".'- ~'.'-'*"'~ ~*" '*'"-'" ~¢o=m ~,..~ did -.,+
· ~..,......a ,*,.,,.., ~$1 000)~. or less (greater than $1 000)
or ,::hcthor !~'::=c greater than ~$10,000), or ,qreater than $100,000.
¢3. A description of the consideration, if any, for which filer received the income ;:'~ mco!v~d by tbs
l~t_. In the case of a gift, the name, address, and business activity of the donor and any intermediary
through which the aiff was made, a description of the aift, the amount or value of the gift,, and date on which
the filer received the gjft~f~ts~c~eJve~S,
E5. In the case of a loan, the annual interest rate, the term of the loan, and the security, if any, given for
the loan;
2C_. 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:
al. The name and address and general description of the business activity of the business entity,
c'- *~ ~ .... ~ ~ ~"~;- .... "~' "~* ~ ..... ~ by ~"~*;~" ~oo ~,,~;~ ~. tThe name of eve~
person Eom whom ~e business en~ received p~mem if the fiefs pro r~ share of gms r~ip~ ~om
such p~son was equal to or gm,er than ten thcusand dc!!ars ($10,00~ dUdng a calendar y~r.
C. Contents of ~Business Posi~on Repo~. When ~business.posi~ons am
required D be mpoAed,~,~-~--,,.~,...,~-a,. ~,~-~*"~-, ,~,-, ~. persons holding designated posi~ons shall list ~e names
and address of each busings en~ .~+, ,~. ~,,,~-""~';~"a ..~.~"~ ;.,,, which ~the ..... filer is a dir~or, o~cer,
pa~er, ~ustee or emplOyee, or in which ~the filer holdA any posi~on of management, shall describe the
business acfi~W in which the business en~W is en~a~ed, and shall disclose the fileCs posi~on wi~ ~e
business en~W.
SECTION 7: Sec~on 2.24.070 of ~e Dublin Municipal Code is hereby amended to read as follows:
"S~on 2.24,07~Acquisifion or disposal du~ng repo~ng p~od.
In thc d~sc~cs'cm statement fi~=d under S¢c+Jon 2.2~.050 C and D~n the case of an annual or leavinfl
o~ce statement, if an inves~ent or interest in mai pmpe~ was p~ally Or wholly acquired or disposed of
'" . of ..... acqu,s~on or
during ~e period ~vered by ~e st~emen[ ~e statement shall contain the d~ .... ~ '"
disposalS."
SECTION 8: PUBLICATION AND EFFECTIVE DATE.
In accordance wi~ Sec~on 36937 of ~e Government Code of the StYe of California, ~is Ordinance shall ~ke effect
and be in for~ ~i~ (30) days ff°m and after the date of i~ passage. The Ci~ Cle~ Of~e Ci~ of Dublin Shall cause
~is Ordinan~ D ~ posted in ~ least ~me (3) public places in ~e Ci~ of Dublin in accordance with Se~on 36933
of the Government Code of ~e StYe of CalEornia
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on
this . . day of ,2002, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
Attest:
City Clerk
J:\wpd\Mnrsw\l 14\00 l~2002\Ord\conflictcodo041602.rtl
ORDINANCE NO.
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 purpose 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 determine in writing that a particular 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.
ATTACHMENT 3
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 $~,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, pr 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 EntRy 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 flier'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 entry is engaged, and shall disclose the filer's position with the business entry.
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 __ day of__, 2002, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
K2/G/6-18-02/ord-coi.doc (Item 6.???)
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