HomeMy WebLinkAboutRESO7362i •
RESOLUTION NO. 7362
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE CONFLICT OF INTEREST CODE FOR
DESIGNATED CITY OFFICERS AND EMPLOYEES AS REQUIRED
BY THE POLITICAL RFFORM ACT AND REGULATIONS OF THE
FAIR POLITICAL PRACTICES COMMISSION AND REPEALING
RESOLUTION NO. 7298
The Council of the City of Palo Alto does RESOLVE as
follows:
SECTION 1. Resolution No. 7298 is hereby repealed.
SECTION 2. .The Conflict of Interest Code for the City of
Palo Alto is hereby amended to read as follows:
CONFLICT OF INTEREST CODE FOR THE
CITY OF PAIR ALTO
The Political Reform Act, Government Code section 81000, et
seq., requires state and local government agencies to adcpt and
promulgate conflict of interest codes. The Fair Political
Practices Commission has adopted a regulation (2 Cal. Code of Regs.
section 18730) which contains the terms of a standard conflict of
interest code. After public notice and hearing it may be amended
by the Fair Political Practices Commission to conform to amendments
in the Political Reform Act. Therefore, the terms of 2 California
Code of Regulations section 18730 and any amendments to it duly
adopted by the Fair Political Practices Commission are hereby
incorporated by reference. (A copy of Section 18730 is attached
for convenience.) This regulation and the attached appendix
designating officials and employees and establishing disclosure
categories shall constitute the conflict of interest code of the
City of Palo Alto.
Designated employees shall file statements of economic
interests with the City Clerk who will make the statements
available for public inspection and reproduction. (Gov. Code, §
61008.) Statements for all designated employees will be retained
by the City Clerk.
APPENDIX OF DESIGNATED POSITIONS
Titles
APPOINTED OFFICIALS
Assigned
Disclosure Categories
Architectural Review Board 1
Human Relations Commission 1
Public Art Commission 1
Historic Resources Board 1
Utilities Advisory Commission 1
Tree Task Force 4
1
941021 bdc 0051267
CITY CLERK
City Clerk 1
Assistant City Clerk 3
3
Deputy City Clerk
CITY MANAGER
Assistant City Manager 1
Assistant to the City Manager 3
CITY ATTORNEY
Senior Assistant City Attorney 1
Assistant City Attorney 1
Claims Investigator/Paralegal 3
Legal Assistant 3
CITY AUDITOR
City Auditor 1*
Auditor 1
Senior Auditor 1
COMMUNITY SERVICES
Administration Division
Director, Community Services 1
Executive Assistant 3
Arts & Culture Division
Director, Arts & Culture 6
Manager, Cultural Center 5
Supervisor, Theatre Programs 5
Human Services Division
Administrator, Human Services 4
Supervisor, General Recreation
[Child Care Coordinator] 3
Library Division
Director, Libraries 4
Manager, Library Branches 5
Manager, Main Library Services 5
Supervising Librarian 5
Coordinator, Library Circulation 5
Recreation, Open Space and Sciences Division
Director, Recreation, Open Space and
Sciences 4
Superintendent, Open Space and Sciences 4
Superintendent, Recreation 4
Supervisor, Junior Museum 5
Executive Assistant 5
2
941021 bdc 0051267
Parks and Golf Division
Director, Parks and Golf . 4
Superintendent, Golf Course 6
Superintendent, Parks 6
Supervisor, Parks 6
CONSULTANTS 1-9, as
applicable1
FINANCE DEPARTMENT
Administration Division
Director of Finance 1*
Assistant Finance Director 1
Financial Analyst 4
Senior Financial Analyst 4
Financial Systems Analyst 4
Accounting Division
Manager of Accounting 1
Senior Accountant 4
Staff Accountant 4
Treasury Division
Supervisor, Revenue Collections
Financial Analyst 3
Purchasing & Reproduction Division
Manager, Purchasing & Contract Admin. . 1
Senior Buyer 4
Warehouse Supervisor 5
Supervisor, Reproduction & Mail 5
Contracts Administrator 3
Real Estate Division
Manager, Real Property . 4
Senior Financial Analyst 4
Financial Analyst 3
Pursuant to Palo Alto Municipal Code section 2.09.060, 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 iJ.mited in scope and thus is not required to fully
comply with the disclosure requirements. Any such written
determination shall include a description of the consultant's
duties and, based upon the description, a statement of the extent
of disclosure requirements, if any. The City Manager may also
determine whether a particular contract consultant constitutes a
"consultant" as the term is defined in the Political Reform Act and
regulations promulgated thereunder or whether the contract
consultant is a registered professional engineer or licensed land
surveyor exempted from the conflict of interest provisions under
Government Code Section 87100.1. The City Manager's determination
is a public record and shall be retained for public inspection in
the same manner and location as the Conflict of Interest Code.
3
941021 bdc 0051267
Bu Iget & Management Analysis Divis� on
Budget Manager 4
Senior Financial Analyst 4
Financial Analyst 3
FIRE DEPARTMENT
Fire Chief 1
Assistant Fire Chief 1
Fire Marshal 1
Battalion Chief 4
INFORMATION RESOURCES DEPARTMENT
Director, Information Resources 2
Manager, Computer Support Center 9
Manager, -Data Communications & Telephone 3
Manager, Data Processing 9
Supervisor, Data Processing 9
HUMAN RESOURCES DEPARTMENT
Director, Human Resources 1
Human Resources Representative 5
Manager, Employee Benefits 5
Manager, Employee Relations and Compensation 5
Risk Manager 1
Manager, Employment 5
Manager, Human Resources Development 5
Safety -Officer - 4
PLANNING & COMMUNITY ENVIRONMENT DEPARTMENT
Planning Division
Director, Planning & Comm. Environment. 1
Chief Planning Official 1
Manager, Economic Resources Planning 1
Administrator, Zoning 1
Assistant Planning Official 1
Senior Planner 4
Planner 4
Manager, Development Monitoring/
Planning Projects 4
Associate Planner 4
CDBG Coordinator 4
Transportation Division
Chief Transportation Official 4
City Traffic Engineer 4
Inspectional Services Division
Chief Building Official 1
Assistant Building Official 4
Supervisor, Building Inspection 4
4
941021 bdc 0051267
Environmental Protection Division
Environmental Protection Coordinator . . 4
POLICE DEPARTMENT
Police Chief 1
Assistant Police Chief . . 1
Police Captain 1
Police Lieutenant 1
Executive Assistant 3
Supervisor, Police Services 4
Manager, Police Computer Systems 4
Field Services Division
Management Specialist (Parking Examiner) 2
Animal Services
Superintendent, Animal Services 7
Supervisor, Animal Services 7
Veterinarian 7
Communications Division
Coordinator, Communications Services 5
Manager, Communications Operations 5
PUBLIC WORKS DEPARTMENT
Administration Division
Director, Public Works/City Engineer. 1
Administrator, Public Works 3
Engineering Division
Assistant Director, Public Works . 6
Senior Engineer 6
Engineer 6
Supervisor, Inspection & Surveying . 6
Environmental Compliance Division
Manager, Environmental Compliance 1
Industrial Waste Investigator 1
Supervisor, Industrial Waste 4
Manager, Environmental Control Programs 4
Equipment Management Division
Fleet Manager 5
Assistant Fleet Manager 5
Facilities Management Division
Facilities Engineer 6
Supervisor, Building Services 7
Supervisor, Facilities Management 7
Supervisor, Facilities Projects 7
5
941021 bdc 005?267
Operations Division
Deputy Director, Public Works Operations 6
Supervisor, Public Works 8
Coordinator, Public Works Projects 8
Senior Engineer 8
Managing Arborist 8
Superintendent, Public Works Operations 8
Refuse Utility
Supervisor, Public Works 6
Manager, Environmental Control Programs 6
Coordinator, Public Works Projects . . 6
Manager, Solid Waste 6
Storm and Surface Water Management Enterprise & Utility
Senior Engineer 6
Water Quality Control Division
Manager, Water Quality Control 3
Manager, Laboratory Services 3
Assistant Manager, Water Quality
Control Operations 3
Supervisor, Water Quality Control
Operations 3
UTILITIES DEPARTMENT
Administration Division
Director, Utilities 1
Administrator, Utilities 3
Administrative Services Division
Assistant Director,
Administrative Services .4
Supervisor, Utilities Customer
Service Center 5
Supervisor, Utilities Computer Services 5
Supervisor, Meter Reading and Field
Services 5
Resource Management Division
Deputy Director, Utilities 1
Assistant Director, Resource Management 4
Engineering Manager, Resource Planning 4
Manager, Resource Conservation 4
Program Coordinator, Resource
Conservation 4
Senior Resource Planner 4
Associate Resource Planner 4
Engineering/Operations Division
Assistant Director, Engineering
and Operations 4
Senior Power Engineer 4
Engineering Manager, Water -Gas -Wastewater 4
6
941021 bdc 0051267
•
Engineering Manager, Electric 4
Senior Engineer 4
Manager, Utility Rates 4
Manager, Electric Operations 4
Supervisor, Electric Systems 4
Supervisor, Systems Operations
and Scheduling 4
Manager, Utility Operations
Water -Gas -Wastewater 4
Supervisor, Water Transmission 4
Supervisor, Shop & Field, W -G -W 4
Coordinator, W -G -W Projects 4
Supervisor, Electric Operations Programs
4
Supervisor, W -G -W 4
Supervisor, Water Meter/Cross Connection 4
*The positions designated by asterisk are "public officials
who manage public investments" within the meaning of Government
Code section 87200, rather than designated employees. .They are
identified in this Resolution for convenience only.
SECTION 3. The City Council finds that there is no
possibility that this resolution will have a significant effect on
the environment and upon that basis determines that this resolution
is exempt from the California Environmental Quality Act.
INTRODUCED AND PASSED: October 17, 1994
AYES: ANDERSEN, FAZZINO, KNISS, MCCOWN, ROSENBAUM, SCHNEIDER, WHEELER
NOES:
ABSENT: HUBER, SIMITIAN
ABSTENTIONS:
APPROVED:
7
941021 bdc 0051767
APPENDIX OF DISCLOSURE CATEGORIES
1. Persons in this category must disclose all investments
and business positions in business entities, sources of income and
interests in real property. A, B C-1, C-2, D, D-1, E, F, G, H (H-
1, H-2, H-3)
2. Persons in this category must disclose all investments
and business positions in business entities and sources of income.
A, C-2, D, D-1, E, F, G, H (H-1, H-2, H-3)
3. Persons in this category must disclose all investments
and business positions in business entities and sources of income
which provide, manufacture or supply services, supplies, materials,
machinery or equipment of the type utilized by or subject to the
review or approval of the City. A, C-2, D, D-1, E, F, G, H (H-1,
H-2, H-3)
4. Persons in this category must report everything
required by category 3 and all interests in real property. A, B,
C-1, C-2, D, D-1, E, F, G, H (H-1, H-2, H-3)
5. Persons in this category must report all investments
and business positions in business entities and sources of income
which provide, manufacture or supply equipment, supplies, material,
services or machinery of the -type utilized by or subject to the
review or approval of the department in which that person is
employed. A, C-2, D, D-1, E, F, G, H (H-1, H-2, H-3)
6. Persons in this category must report all positions,
interests, and sources described in category 5 and all interests in
real property. A, B, C-1, C-2, D, D-1, E, F, G, H (H-1, H-2, H-3)
7. Persons in this category must report all investments
and business positions in business entities and sources of income
which provide, manufacture or supply supplies, equipment, ma-
chinery, services or material of the type utilized by or subject to
the review or approval of the division in which that person is
employed. A, C-2, D, D-1, E, F, G, H (H-1, H-2, H-3)
8. Persons in this category must report all positions,
interests and sources described in category 7 and all interests in
real property. A, B, C-1, C-2, D, D-1, E, F, G, H (H-1, H-2, H-3)-
9. Persons in this category must report all investments in
business entities and sources of income which provide, supply,
manufacture or service computer hardware or software of the type
utilized by the City. A, C-2, D, D-1, E, F, H (H-1, H-2, H-3)
8
941021 bdc 0051267
•
(Regulations of the Fair Political Practices Commission, Title 2,
Division 6 of the California Code of Regulations)
;8730. Provisions of Conflict of Interest Codes
(a) Incorporation by reference of the terms of this
regulation along with the designation of employees and the
formulation of disclosure categories in the Appendix referred to
below constitute the adoption and promulgation of a conflict of
interest code within the meaning of Government Code Section 87300
or the amendment of a conflict of interest code within the meaning
of Government Code Section 87306 if the terms of this regulation
are substituted for terms of a conflict of interest code already
in effect. A code so amended or adopted and promulgated requires
the reporting of reportable items in a manner substantially
equivalent to the requirements of Article 2 of Chapter 7 of the
Political Reform Act, Government Code Sections 81000, et seg. The
requirements of a conflict of interest code are in addition to
other requirements of the Political Reform Act, such as the
general prohibition against conflicts of interest contained in
Government Code Section 87100, and to other state or local laws
pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or
adopted and promulgated pursuant to this regulation are as
follows;
(1) Section 1. -Definitions. The definitions contained
in the Political Reform Act of 1974, regulations of the Fair
Political Practices Commission (2 Cal. Code of Regs. Sections
18100, et seq.), and any amendments to the Act or regulations, are
incorporated by reference into this conflict of interest code.
1 18730
(2) Section2. Designated Employees. The persons
holding positions listed in the Appendix are designated employees.
It has been determined that these persons max or participate in
the making of decisions which may foreseeably have a material
effect on financial interests.
(3) Section 3. Disclosure Categories. This code does
not establish any disclosure obligation for those designated .
employees who are also specified in Government Code Section 87200
if they are designated in this code in that same capacity or if
the geographical jurisdiction of this agency is the same as or is
wholly included within the jurisdiction in which those persons
must report their financial interests pursuant to Article 2 of
Chapter 7 of the Political Reform Act, Government Code Sections
87200, et seq.
In addition, this code does not establish any disclosure
obligation for any designated employees who are designated in a
conflict of interest code for another agency, if all of the
following apply:
A) The geographical jurisdiction of this agency is the
same as or is wholly included within the jurisdiction of the other
agency;
B) The disclosure assigned in the code of the other
agency is the same as that required under Article 2 of Chapter 7
of the Political Reform Act, Government Code Section 87200; and
2 18730
C) The filing officer is the same for both'agencies./
Such persons are covered by this code for
disqualification purposes only. With respect to all other
designated employees, the disclosure categories set forth in the
Appendix specify which kinds of financial interests are
reportable. Such a designated employee shall disclose in his or
her statement of economic interests those financial interests he
or she has which are of the kind described in the disclosure
categories to which he or she is assigned in the Appendix. It has
been determined that the financial interests set forth in a
designated employee's disclosure categories are the kinds of
financial interests which he or she foreseeably can affect
materially through the conduct of his or her office.
(4) Section 4. Statements of Economic Interests:
Place of Filing. The code reviewing body shall instruct all
designated employees within its code to file statements of
economic interests with the agency or with the code reviewing
body, as provided by the code reviewing body in the agency's
conflict of interest code.2
1 Designated employees who are required to file statements of
economic interests under any other agency's conflict of interest
code, or under Article 2 for a different jurisdiction, may expand
their statement of economic interests to cover reportable
interests in both jurisdictions, and file copies of this expanded
statement with both entities in lieu of filing separate and
distinct statements, provided that each copy of such expanded
statement filed in place of an original is signed and verified by
the designated employee as if it were an original. See Government
Code Section 81004.
2 See Government Code Section 81010 and 2 Cal. Code of Regs.
Section 18115 for the duties of filing officers and persons in
agencies who make and retain copies of statements and forward the
originals to the filing officer.
3 18730
(5) Section 5. Statements of Economic Interests: Time
of Filing.
(A) Initial Statements. All designated employees
employed by the agency on the effective date of this code, as
originally adopted, promulgated and approved by the code reviewing
body, shall file statements within 30 days after .the effective
date of this code. Thereafter, each person already in a position
when it is designated by an amendment to this code shall file an
initial statement withir. 30 days after the effective date of the
amendment.
(B) Assuming Office Statements. All persons assuming
designated positions after the effective date of this code shall
file statements within 30 days after assuming the designated
positions, or if subject to State Senate confirmation, 30 days
after being nominated or appointed.
(C) Annual Statements. All designated employees shall
file statements no later than April 1.
(D) Leaving Office Statements. All persons who leave
designated positions shall file statements within 30 days after'
leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign
Prior to Assuming Office. Any person who resigns within 12 months
of initial appointment, or -within 30 days of the date of notice
provided by the filing officer to file an assuming office
4 18730
statement, is not deemed to have assumed office or left office,
provided he or she did not make or participate in the making of,
or use his or her position to influence any decision and did not
receive or become entitled to receive any form of payment as a
result of his or her appointment. Such persons shall not file
either an assuming or leaving office statement.
(.A) Any person who resigns a position within 30 days of
the date of a notice from the filing officer shall do both of the
following:
(1) File a written resignation.with the appointing
power; and
(2) File a written statement with the filing officer
declaring under penalty of perjury that during the period between
appointment and resignation he or she did not make, participate in
the making, or use the position to influence any decision of the
agency or receive, or become entitled to receive, any form of
payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by
Statements of Economic Interests.
(A) Contents of Initial Statements. Initial statements
shall disclose any reportable investments, interests in real
property and business positions held on the effective date of the
code and income received during the 12 months prior to the
effective date of the code.
5 18730
(B) Contents of Assuming Office Statements. Assuming
office statements shall disclose any reportable investments,
interests in real property and business positions held on the date
of assuming office or, if subject to State Senate confirmation or
appointment, on the date of nomination, and income received during
the 12 months prior to the date of assuming office or the date of
being appointed or nominated, respectively.
(C) Contents of Annual Statements. 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 employee's first annual statement 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 real property, income and business positions held or received
during the period between the closing date of the last statement
filed and the date of leaving office.
(7) Section 7. Manner of Reporting. Statements of
economic interests shall be made on forms prescribed by the Fair
Political Practices Commission and supplied.by the agency, and
shall contain the following information:
6 18730
•
(A) Investments and Real Property Disclosure. When an
investment or an interest in real property3 is required to be;
reported,4 the statement shall contain the following:
1. A statement of the nature of the investment or
interest;
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 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),
exceeds one hundred thousand dollars ($100,000).
or
(B) Personal Income Disclosure. When personal income
is required to be reported,5 the statement shall contain:
For the purpose of disclosure only (not disqualification), an
interest in real property does not include the principal residence
of the filer.
4 Investments and interests in real property which have a fair
market value of less than $1,000 are not investments and interests
in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an
individual include those held by the individual's spouse and
dependent children as well as a pro rata share of any investment
or interest in real property of any business entity or trust in
which the individual, spouse and dependent children own, in the
aggregate, a direct, indirect or beneficial interest of 10 percent
or greater.
A designated employee's income includes his or her community
property interest in the income of his or her spouse but does not
include salary or reimbursement for expenses received from a
state, local or federal government agency.
7
18730
1. The name and address of each source of income
aggregating two hundred fifty dollars ($250) or more in value or
fifty dollars ($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 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, 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 the date on which the gift was received;
5. In the case of a loan, the annual interest rate and
the security, if any, given for the loan.
(C) Business Entity Income Disclosure. When income 'of
a business entity, including income of a sole proprietorship, is
required to be reported,6 the statement shall contain:
6 Income of a business entity is reportable if the direct,
indirect or beneficial interest of the filer and the filer's
spouse inthe business entity aggregates a 10 percent or greater
interest. In addition, the disclosure of persons who are clients
or customers of a business entity is required only if the clients
or customers are within one of the disclosure categories of the
filer.
8 18730
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) Business Position Disclosure. When business
positions are required to be reported, a designated employee shall
list the name and address of each business entity in -which he or
she is a director, officer, partner, trustee, employee, or in
which he or she holds any position of management, a description of
the business activity in which the business entity is engaged, and
the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period.
In the case of an annual or leaving office statement, if an
investment or an 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.
(8) Section 8. State Agency Prohibition on Receipt of
Honoraria. No member of a state board or commission, and no
designated employee of a state agency, shall accept any honorarium
from any source, if the member or employee would be required to
report the receipt of income or gifts from that source on his or
her statement of economic interests. This section shall not apply
to any part-time member of the governing board of any public
institution of higher education, unless the member is also an
elected official.
9 18730
Subdivisions (b), (c), (d), and (e) of Government Code
Section 89502 shall apply to the prohibitions in this section.
(8.1) Section 8.1 State Agency Prohibition on Receipt
of Gifts of $250 or More. No member of a state board or
commission, and no designated employee of a state agency, shall
accept gifts with a total value of more than two hundred fifty
dollars ($250) in a calendar year from any single source, if the
member or employee would be required to report the receipt of
income or gifts from that source on his or her statement of
economic interests. This section shall not apply to any part-
time member of the governing board of any public institution of
higher education, unless the member is also an elected official.
Subsections (b), (c), (d), and (e) of Government Code
Section 89504 shall apply to the prohibitiono in this section.
(9) Section 9. Disqualification. No designated
employee shall make, participate in making, or in any way attempt
to use his or her official position to influence the making of any
governmental decision which he or she knows or has reason to know
will have a reasonably foreseeable material financial effect,
distinguishable from its effect on the public generally, on the
official or a member of his or her immediate family or on:
(A) Any business entity in which the designated
employee has a direct or indirect investment worth one thousand
dollars ($1,000) or more;
10
18730
(B) Any real property in which the designated employee
has a direct or indirect interest worth one thousand dollars
($1,000) or more;
(C) Any source of income, other than gifts and other
than loans by a commercial lending institution in the regular
course of business on terms available to the public without regard
to official status, aggregating two hundred fifty dollars ($250)
or more in value provided to, received by or promised to the
designated employee within 12 months prior to the time when the
decision is made;
(D) Any business entity in which the designated
employee is a director, officer, partner, trustee, employee, or
holds any position of management; or
(E) Any donor of, or any intermediary or agent for a
donor of, a gift or gifts aggregating $250 or more in value
provided to; received by, or promised to the designated employee
within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation. 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.
The fact that the vote of a designated employee who is on a voting
body is needed to break a tie does not make his or her
participation legally required for purposes of this section.
11
18730
(9.5) Section 9.5. Disqualification of State Officers
and Employees. In addition to the general disqualification
provisions of Section 9, no state administrative official shall
make, participate in making, or use his or her official position
to influence any governmental decision directly relating to any
contract where the state administrative official.knows or has
reason to know that any party to the contract is a person with
whom the state administrative official, or any member of his or
her immediate family has, within 12 months prior to the time when
the official action is to be taken:
(A) Engaged in a business transaction or transactions
on terms not available to members of the public, regarding any
investment or interest in real property; or
(B) Engaged in a business transaction or transactions
on terms not available to members of the public regarding the
rendering of goods or services totaling in value one thousand
dollars ($1,000) or more.
(10) Section 10. Manner of Disqualification. When a
designated employee determines that he or she should not make a
governmental decision because he or she has a disqualifying
interest in it, the determination not to act must be accompanied
by disclosure of the disqualifying interest. In the case of a
voting body, this determination and disclosure shall be made part
of the agency's official record; in the case of a designated
12 18730
•
employee who is the head of an agency, this determination and
disclosure shall be made in writing to his or her appointing
authority; and in the case of other designated employees, this
determination and disclosure shall be made in writing to the
designated employee's supervisor.
(11) Section 11. Assistance of the Commission and
Counsel. Any designated employee who is unsure of his or her
duties under this code may request assistance from the Fair
Political Practices Commission pursuant to Government Code Section
83114 or from the attorney for his or her.agency, provided that
nothing in this section requires the attorney for the agency to
issue any formal or informal opinion.
(12) Section 12. Violations. This code has the force
and effect of law. Designated employees violating any provision
of this code are subject to the administrative, criminal and civil
sanctions provided in the Political Reform Act, Government Code
Sections 81000 - 91014. In addition, a decision in relation to
which a violation of the disqualification provisions of this code
or of Government Code Section 87100 or 87450 has occurred may be
set aside as void pursuant to Government Code Section 91003.
Note: Authority: Section 83112, Gov. Code
Reference: Sections 87300-87302, 89503, and 89504, Gov. Code
13 18730
Hiptory
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
New section filed 4-2-80 as an emergency; effective upon
filing. Certificate of Compliance included.
Editorial correction.
Amendment of subsection (b) filed 1-9-81; effective thirtieth
day thereafter.
Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective
thirtieth day thereafter.
Amendment of subsection (b)(7)(A) filed 11-10-83; effective
thirtieth day thereafter.
Amendment filed 4-13-87; effective thirtieth day thereafter.
Amendment of subsection (b) filed 10-21-88; effective
thirtieth day thereafter.
Amendment filed 8-28-90; effective thirtieth day thereafter.
Amendment filed 8-7-92; effective thirtieth day thereafter.
Amendment filed 2-5-93; effective upon filing.
14 .18730