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Designated positions. Disclosure statements. Place of filing. Time of filing. Contents of disclosure statements. Acquisition or disposal during reporting period. Disqualification. Manner of disqualification. Copies of regulations on file. 2.24.070 2.24.080 2.24.090 2.24.100 2.24.010 Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq., the City Man~ ager of the city, on behalf of Ihe adl1linistra~ tive staff of the city and all consultants, hereby adopts the following conflict of interest code. Nothing contained herein is intended to modify or abridge the provi~ sions of tlle Political Reform Act of 1974 (Government Code Section 81000, et seq.). The provisions of tllis code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interest, including but not limited to Government Code Section 1090, et seq. TIle provisions of the Political Reform Act of 1974 and administrative regulations promulgated under authority of said Act by the Fair Political Practices Commission shall govern over any inconsistent provisions of this code. Except as otherwise indicated, tlle definitions of said Act and regulations e 2.24.010 adopted pursuant thereto are incorporated herein and this code shall be interpreted in a manner consistent therewith. (Ord. 18 ~ I, 1982) 2.24.020 Designated positions. The positions listed below are designated positions. Officers and employees holding tllOse positions are designated employees and, for purposes of the Political Reform Act of 1974, are deemed to make, or partic- ipate in the making of decisions which may foreseeably have a material effect on a fi- nancial interest. Designated Positions City Manager City Attorney Assistant City Manager Planning Director Public Works Directorl City Engineer Administrative Servicesl Finance Director Recreation Director ConsuItants* Disclosure Category I 2 2 3,4 2 2 2 2 (. Those consuhants which the City Manager determines are not "consulla.nts" pursuant to the Fair Political Prac- tices Commission Regulations are not required to file economic interest sla.lements.) (Ord. 8~92 ~ 1; Ord. 5-83 ~ 1; Ord. 18 ~ 2, 1982) 2.24.030 Disclosure statements. Designated positions shall be assigned to one or more disclosure categories set forth in tilis section.. TIle disclosure categories shall be specifically described as set forth in this section. Each employee or officer holding a designated position shall file statements disclosing that employee's or officer's interests in investments, real prop- erty, income and positions of management designated as reportable under the category to which the employee's or officer's posi- 27 (Dublin 8-92) e 2.24.030 tion is assigned at the time, place and in the manner as hereinafter provided. A. Disclosure Category 1. No additional disclosure requirements are imposed by this Conflict of Interest Code by virtue of Sec- tions 87200 and 87302(b) of Ule Govern~ ment Code. Notwithstanding tile foregoing, the provisions of Section 2.24.080 of Ulis code relating to disqualification are applica- ble. B. Disclosure Category 2. Investment in business entities which are located within, or do business, plan to business, or have done business during the preceding two-year period within the city of Dublin. Interests in real property located in whole or in part within the city of Dublin. Sources of in- come as defined by the Political Reform Act of 1974, as amended. Business posi- tions with business entities not otherwise reported as investments, interest in real property or sources of income, which are located within, plan to do business, do (Dublin 8-92) e -' business or have done business during the preceding two years within the city of Dub- lin. C. Disclosure Category 3. Investments in and business positions held in business entities, and sources of income which: 1. Have interests in real property locat~ ed in whole or in part within the city of Dublin; 2. Do business, plan La do business, or have done business during the preceding two-year period within the city of Dublin and which engage in architectural. plaruting. engineering, construction. building, real estate development or a related field. (Business positions need only be reported if the business entity has not otherwise been reported as an investment, source of income or interest in real property.) D. Disclosure Category 4. Interests in real property which are located in whole or in part within the city of Dublin. (Ord. 8~92 ~ 2; Ord. 18 ~ 3, 1982) ----' 28 e 2.24.040 Place of filing. All disclosure statements required by this code shall be filed with the City Clerk. (Ord. 18 ~ 4, 1982) 2.24.050 Time of filing. A. An official or employee holding a designated position shall submit an ini- tial statement within thirty (30) days after the effective date of this code. The initial statement shall disclose reportable investments and interests in real prop~ erty. B. Officers and employees who are . appointed, promoted or transferred to designated positions shall file an initial statement disclosing reportable invest- ments, interests in real property and posi- tions of management within thirty (30) days after the effective date of such appointment, promotion or transfer to a designated position. C. Officers and employees holding designated positions shall file an annual statement no later than April 1st of the next succeeding year. Such annual state~ ments shall cover the period of the pre- ceding calendar year. The annual statement shaH disclose such reportable investments, interests in real property, sources ofincome, and positions of man- agement as may be applicable. D. An employee or officer holding a designated position who leaves such des- ignated position voluntarily or involun- tarily shall file, within thirty (30) days thereof, a leaving office statement. Such statement shall disclose reportable investments, interests in real property, income and positions of management held or received at any time during the e 2.24.040 period since the closing date of the pre- viously fIled annual statement. (Ord. 18 ~ 5, 1982) 2.24.060 Contents of disclosure statements. Disclosure statements shall be made on the forms supplied by the City Clerk and shall contain the fOllowing informa- tion: A. Contents of Investment and/or Real Property Reports. When an invest- ment, or an interest in real property is required to be reported under the provi- sions of this code, the report shaH con- tain: 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 gen- eral description of the business activity in which the business entity is engaged; 3. The address or other precise loca- tion of the real property; 4. A statement whether the fair mar- ket value of the investment or the interest in real property exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand dollars but does not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hundred thousand dollars ($100,000); 5. For purposes of disclosure under this code, "interest in real property" does not include the principal residence of the filer. B. Contents of income reports: 1. When personal income or a source of personal income is required to be reported, this statement shall contain: 29 e 2.24.060 a. The name and address of each source of income aggregating two hun- dred fifty dollars ($250) or more in value if the income was a gift, and a general description of the business activity, if any, of each source, b. 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 at least two hundred fifty dollars ($250), but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000), or whether it was greater than ten thousand dollars ($10,000), c. A description of the consideration, ifany, for which the income was received by the filer, d. In the case of a gift, the amount and date on which the gift was received, e. In the case of a loan, the annual interest rate and the security, ifany, given for the loan; 2. When the income of a business entity, including income of a sole pro- prietorship, is required to be reported by an employee or officer holding a desig- nated position, the statement shall con- tain: a. The name and address and general description of the business activity of the business entity, b. In the case of a business entity which provides legal or brokerage serv- ices, the name of every person who paid fees to the business entity if the filer's pro rata share of fees from such person was equal to or greater than one thousand dollars ($1,000), c. In the case of a business entity not covered by subsection B2a of this section, the name of every person from who~ the e .----' 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) during a calendar year. C. Contents of Management Position Reports. When management positions arc required to be reported, officers and employees holding designated positions shall list the names of each business entity not specified above in which they are a director, officer, partner, trustee or employee, or in which they hold any position of management. (Ord. 18 9 6, 1982) 2.24.070' Acquisition or disposal during reporting period. In the disclosure statement filed under Section 2.24.050 C and D, if an invest- ment or interest in real property was par- tially or wholly acquired or disposed of during the period covered by the state- ment, the date of such acquisition or dis- posal shall be reported. (Ord. 1897, 1982) '--../ . 2.24.080 Disqualification. A. Omcers and employees holding designated positions must disqualify themselves from making, participating in the making, or using their official posi- tion to influence the making of any deci- sion in which they have a reportable financial interest when it is reasonably foreseeable that such interest might materially be affected by the decision. No such officef Of employee shall be fequired to disqualify himself with respect to any mattef which could not be legally acted upon without his participa- tion. 30 e B. Notwithstanding the designation of employees and positions herein, no official or employee of the city shall make or par- ticipate in the making of a decision to or not to license, inspect, permit, contract, cite or investigate any business or property with which such official or employee has a fi~ nancial interest. For the purpose of this sub- section, fmancial interest shall have the meaning ascribed to it by Section 87103 of the GoveITUJ1ent Code. (Ord. 18 ~ 8, 1982) 2.24.090 Manner of disqualification. An officer or employee holding a desig~ nated position required to disqualify himself by the provisions of this code shall notify the City Manager in writing. The City Man- ager shall fOIWard such notification to the City Clerk for filing. (Ord. 18 ~ 9, 1982) 2.24.100 Copies of regulations on file. Copies of the Political Reform Act of 1974 and administrative regulations adopted pursuant thereto shall be maintained on file and available for inspection in the office of the City Manager. (Ord. 18 ~ 10, 1982) e 2.24.080 31 (Dublin 5-94) e e ORDINANCE NO. - 94 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CERTAIN PROVISIONS OF THE DUBLIN MUNICIPAL CODE RELATING TO THE CITY'S CONFLICT OF INTEREST CODE The city Council of the City of Dublin does ordain as follows: Section 1. Section 2.24.020 DESIGNATED POSITIONS, TABLE 2.24.020, of the city of DUblin Municipal Code is amended to read as follows: Desiqnated positions Disclosure Cateqorv Economic Development Manager Planning Director Recreation Director Public Works Director/City Engineer Consultants* 2 3, 4 2 2 2 (* Those consultants which the city Manager determines are not "consultants" pursuant to the Fair Political Practices Commission Regulations are not required to file economic interest statements.) Officials Who Manage Public Investments: It has been determined that the position(s) listed below manage public investments, are covered by FPPC Regulation 18720 and should therefore file Form 721. Administrative Services Director/Assistant City Manager Section 2. section 2.24.030 DISCLOSURE STATEMENTS, of the Dublin Municipal Code is amended to read as follows: Designated positions shall be assigned to one or more disclosure categories set forth in this section. The disclosure categories shall be specifically described as set forth in this section. Each employee or officer holding a designated position shall file statements disclosing that employee's or officer's interests in investments, real property, income and positions of management designated as reportable under the category to which the employee's or officer's position is assigned at the time, place and in the manner as hereinafter provided. A. Disclosure Category 2. Investment in business entities which are located within, or do business, plan to do business, or have done business during the preceding two-year period within the City of Dublin. Interests in real property located in whole or in part within the city of Dublin. Sources of income as defined by the Political Reform Act of 1974, as amended. Business positions with business entities not otherwise reported as investments, interest in real property or sources of income, which are located within, plan to do business, do business or have done business during the preceding two years within the City of Dublin. . e e B. Disclosure category 3. Investments in and business positions held in business entities and sources of income which: 1. Have interests in real property located in whole or in part within the city of Dublin; 2. Do business, plan to do business, or have done business during the preceding two-year period within the City of Dublin and which engage in architectural, planning, engineering, construc- tion, building, real estate development or a related field. (Business positions need only be reported if the business entity has not otherwise been reported as an investment, source of income or interest in real property.) C. Disclosure Category 4. Interests in real property which are located in whole or in part within the city of Dublin. Section 3. section 2.24.040 PLACE OF FILING, of the Dublin Municipal Code is amended to read as follows: 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 inspection and reproduction. statements for all designated employees will be retained by the city Clerk. Section 4. Section 2.24.100 COPIES OF REGULATIONS ON FILE, of the Dublin Municipal Code is amended to read as follows: Copies of the Political Reform Act of 1974 and administrative regulations adopted pursuant thereto shall be maintained on file and available for inspection in the office of the city Clerk. Section 5. This Ordinance shall take effect and be in force 30 days following its adoption. 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 this 3rd day of October, 1994, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk K2/A/ORO-COI