Loading...
HomeMy WebLinkAbout77-46 - Conflict of Interest Code as Required by the Political Reform Act of 1974ORDINANCE NO. 71 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING A CONFLICT OF INTEREST CODE AS REQUIRED BY THE POLITICAL REFORM ACT OF 1974; ESTABLISHING CERTAIN DESIGNATED EM- PLOYEES AND OFFICIALS REQUIRED TO REPORT FINANCIAL INTERESTS; ESTABLISHING REPORTING CATEGORIES; AND STATING REASONS THEREFOR. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Costa Mesa finds and declares that the Political Reform Act of 1974 was adopted by initiative of the electors at a primary election held June 4, 1974; the City Council further finds and declares that pursuant to said Act local agencies were required to adopt a Conflict of Interest Code affecting certain local agency em- ployees and officials; the City Council further finds and de- clares that said Act requires certain employees and officials who are deemed to make or participate in the making of decisions which may foreseeably have a material effect on their financial interest to declare their financial interest; the City Council further finds and declares that in maintaining an environment in the City of Democratic decision-making,open and free of improper influence,that said designated employees and officials must be regulated in said decision-making. The City Council further finds and declares that local government serves the needs and responds to the wishes of all citizens equally without regard to their wealth, and that the public officials, whether elected or appointed, should perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them. The City Council further finds and declares that the general welfare of the citizens of the City of Costa Mesa will be best served by the adoption of a Conflict of Interest Code. Accordingly, there is hereby added Chapter X to Title 2 which shall read as follows: -1- SECTION 2: CHAPTER X CONFLICT OF INTEREST CODE §2-401 Purpose. Pursuant to the provisions of Govern- ment Code §87300 et seq., the City of Costa Mesa hereby adopts the following Conflict of Interest Code. Nothing contained herein is intended to modify or abridge the provisions of the "Political Reform Act of 1974" (Government Code §81000). The provisions of this Code are additional to Government Code §87100 and other laws pertaining to conflicts of interest. Except as otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are incorporated herein and this Code shall be interpreted in a manner consistent therewith. §2-402 Designated Positions. The positions listed on Exhibit "A" are designated positions. Officers and employees holding those positions are designated employees and are deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. §2-403 Disclosure Statements. Designated positions shall be assigned to one or more of the disclosure categories set forth on Exhibit "B". Each designated employee shall file an annual statement disclosing that employee's interest in investments, real property, and income, designated as reportable under the category to which the employee's position is assigned on Exhibit "B" §2-404 Place and Time of Filing. (a) All designated employees required to submit a statement of financial interests shall file the original with the City Council of the City of Costa Mesa or its duly authorized agent. (b) A designated employee required to submit a statement of economic interests shall submit an initial state - went within thirty (30) days after the effective date of this Code. -2- (c) All employees hired, appointed, promoted or transferred to designated positions shall file initial statements not less than thirty (30) days after appointment. (d) Annual statements shall be filed by all desig- nated employees during the month of January, disclosing report- able investments in business entities, interests in real property, and income held or received in the period since the closing date of the employee's previously filed statement and December 31st. (e) Each person who leaves a designated position specified in Exhibit "A" shall file a leaving office statement within thirty (30) days after leaving. §2-405 Contents of Disclosure Statements. (A) Disclosure statements shall be made on forms sup- plied by the City Council or its duly authorized agent, and shall contain the following information: (1) Contents of Investment and Real Property Reports: When an investment, or an interest in real property is required to be reported, the statement shall contain: vestment or interest; (a) A statement of the nature of the in- (b) 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; of the real property; (c) The address or other precise location (d) A statement whether the fair market value of the investment, or interest in real property, exceeds Ten Thousand ($10,000) Dollars, and whether it exceeds One Hundred Thousand ($100,000) Dollars. This information need not be pro- vided with respect to an interest in real property which is used principally as the residence of the filer. -3- (2) Contents of Personal Income Reports: When personal income is required to be re- ported, the statement shall contain: (a) The name and address of each source of income aggregating two hundred and fifty ($250.00) dollars or more in value, or twenty-five ($25.00) dollars or more in value if the income was a gift, and a general description of the bus- iness activity, if any, of each source; (b) A statement whether the aggregate value of income from each source was greater than one thousand 61,000) dollars, and whether it was greater than ten thousand ($10,000) dollars; (c) A description of the consideration, if any, for which the income was received; (d) In the case of a gift, the name and address of the donor and the amount and the date on which the gift was received. (3) Contents of Business Entity Income Reports: When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: (a) The name, address and a general description of the business activity of the business entity; (b) In the case of a business entity which provides legal or brokerage services, 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 ($1,000) dollars; (c) In the case of a business entity not covered by paragraph (b), 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 ($10,000) dollars during a calendar year. -4- (4) Contents of Management Position Reports_ When management positions are required to be reported, designated employees shall list the name of each bus- iness entity not specified above in which he is a director, of- ficer, partner, trustee, employee, or in which he holds any position of management. (B) Contents of Initial Statement: The initial statement filed by an employee ap- pointed to a designated position shall disclose any reportable investments and interests in real property. (C) Contents of Annual Statements: The annual statement filed by a designated em- ployee shall disclose any reportable investments, interests in real property, and income during the period since the previous statement was filed. (D) Contents of Leaving Officer Statements: The leaving office statement filed by designated employees shall disclose reportable investments, interests in real property, and income during the period since the closing date of the previous statement filed pursuant to this Code. The statement shall include any investments in business entities, interests in real property, and income held or received at any time during the period covered by the statement, whether or not they are still held at the time of filing. (E) Acquisition or Disposal During Reporting Period: In the case of a statement filed under §2-405 (C) and (D), if the investment, or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal must be reported. §2-406 Disqualification. Designated employees must disqualify themselves from making or participating in the making of any decisions which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any reportable interest in that employee (except sources of gifts less than $250.00). No designated employee shall be -5- prevented from making or particpating in the making of any de- cision to the extent his or her participation is legally required for the decision to be made. §2-407 Manner of Disqualification. A designed employee required to disqualify himself or herself shall notify his or her supervisor in writing. This notice shall be forwarded through the City Manager to the City Council which shall record the em- ployee's disqualification. Upon receipt of such statement, the supervisor shall immediately reassign the matter to another employee. §2-408 Definition of Terms. Except as otherwise pro- vided, the definitions contained in the Political Reform Act of 1974 (Government Code §81000 et seq.), the Regulations of the Fair Political Practices Commission, and any amendments to the Act or Regulations, shall be incorporated into this Conflict of Interest Code. SECTION 3: This ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, shall be published once in the Orange Coast Daily Pilot, a news- paper of general circulation printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this ATTEST: GT11 day of , 1977. �C`��� _ _ _moi �..r.►i� �� _ City Clerk of the City 01- Costa fCosta Mesa APPROVED AS TO FORM: ity Attorney's Office No STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. jr7AL was introduced and considered section by section at a regular meeting of said City Council held on the 15fh day of, 1977 and there- after passed and adopted as a whole at regular meeting of said City Council held on the (oTM day of 1977 by the following roll call vote: AYES: COUNCIL MEMBERS: Va-e�(� NOES: COUNCIL MEMBERS: 00,A-0— ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this -11h day of S 11 , �.,,.ea 1977. Jerk and ex -officio C rk of the City Council of the ity of Costa Mesa tj Deputy City Clerk of the City of Costa Mesa -7- EXHIBIT "A" Designated employees or officals are set forth by position or job classification and are intended to include one or more persons where one or more appointments have been or will be made to a classified position. A designated employee or official for the purpose of this ordinance shall include a spouse and immediate members of the family. Any person hired or promoted into a job classification included in this ordinance shall become a designated employee for purposes of this ordinance without further action of the City Council. DEPARTMENT REPORTING CATEGORY I Administrative Department Supervisor . . . . City Manager (as required by 3 & 4 §87200 Gov. Code) . . . . . . . . . . . . All Assistant City Manager . . . . . . . . . . All Assistant City Manager/ Community Development . . . . . . . . . . . All Housing Coordinator . . . . . . . . . . . All II Building Safety Department Building Safety Director . . . . . . . . . All Assistant Building Safety Director. . . . . All Chief Electrical Inspector. . . . . . . . . All Chief Plumbing Inspector. . . . . . . . . . All Building Inspector II . . . . . . . . . . All Electrical Inspector . . . . . . . . . . . All Plumbing Inspector . . . . . . . . . . . . All III Central Services Division Central Service Supervisor . . . . . . . . 2, 3 & 4 Data Processing Manager . . . . . . . . . . 2, 3 &.4 IV City Clerk Department City Clerk . . . . . . . . . . . . . . . . . All Deputy City Clerk . . . . . . . . . . . . . 3 & 4 V Finance Department Director of Finance - City Treasurer. . . . All Assistant Finance Director. . . . . . . . . All Purchasing Agent . . . . . . . . . . . . . All Buyer. . . . . . . . . . . . . . . . . . . All V EXHIBIT "A" CONTINUED DEPARTMENT REPORTING CATEGORY Finance Department continued Revenue Supervisor . . . . . . . . . . . Deputy Treasurer . . . . . . . . . . . . 2, 3 & 4 All VI Fire Department Fire Chief . . . . . . . . . . . . . . . All All Battalion Chiefs . . . . . . . . . . All Fire Protection Analyst. . . . . . . . . All VII Legal Department City Attorney . . . . . . . . . . . . . All Assistant City Attorney . . . . . . . . All Deputy City Attorney . . . . . . . . . . All VIII Leisure Services Department Director of Leisure Services . . . . . . All Construction Inspector . . . . . . . . . All Park and Parkway Superintendent. 2, 3 & 4 IX Personnel Department Personnel Director . . . . . . . . All X Planning Department Director of Planning . . . . . . . . . . All Planning Director III . . . . . . . . . All Planning Director II . . . . . . . . . . All Zoning Inspector . . . . . . . . . . . . 1 & 4 XI Police Department Police Chief . . . . . . . . . . . . . . All All Captains . . . . . . . . . . . . . . All XII Department of Public Services Director of Public Services . . . . . . All Assistant City Engineer. . . . . . . . . All Traffic Engineer . . . . . . . . . . . . All Assistant Traffic Engineer . . . . . . . 2, 3 & 4 Right of Way Agent . . . . . . . . . . . All Construction Inspector . . . . . . . . . All Facilities and Equipment Superintendent. 2, 3 & 4 Street Superintendent . . . . . . . . . All EXHIBIT "B" Disclosure Categories An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee's position. Designated Employees in Group "1 Real Estate" must report: All investments, and other interests in real property and income, therefrom and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. (Financial interests in this cate- gory are reportable only if located within or subject to the jurisdiction of the City of Costa Mesa or the Costa Mesa Sanitary District or if the business entity is doing business or planning to do business in the jurisdiction or has done bus- iness within the jurisdiction at any time during the two years prior to the filing of the statement.) Designated Employees in Group "2 Investments" must report: A. Investments in any business entity which, within the last two years, has contracted, or in the future foreseeably may contract with the City of Costa Mesa or the Costa Mesa Sanitary District to provide services, supplies, materials, machinery or equipment to the City or District. Designated Employees in Group "3 Income" must report: Income from any source which, within the last two years has contracted, or in the future foreseeably may contract with the City of Costa Mesa or with the Costa Mesa Sanitary District to provide services, supplies, materials, machinery or equipment to the City or District. Designated Employees in Group "4 Status" must report: His or her status as a director, officer, partner, trustee, employee, or holder of a position of management in any business ac entity, which, within the last two years, has contracted, or in the future foreseeably may contract with the City of Costa Mesa or with the Costa Mesa Sanitary District to provide services, supplies, materials, machinery or equipment to the City or District. -2-