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HomeMy WebLinkAboutORD 3161I • Oi~IGINAL ORDHLWCE NO. 3151 ORDINA.~CE OF THE COUNCIL OFTHE ~!TY OF PALO ALTO ADOPTING A CONFLICT OF INTEREST CODR FOR DESIGNATED POSITIONS IN THE CITY OF PALO ALTO MUNICIPAL GOVERNNENT WHEREP$, pursuant to Section 87300 of the Goverr~ent Code of the State of California, every agency is required to adopt and promulgate a Conflict of Interest Code for Designated Positions pursuant to the provisions of Article 3, Chapter 7, Title 9 (Political Reform Act of 1974) of the Gov-err.ment Code; and NOW, THEREFORE, the Council of the City of the Palo Alto does ORDAIN as follows: SECTION 1. The Council hereby ar:tends the. Palo Alto Municipal Code to .add d1.e.reto a ne-:•r Chapter 2.09 to read as follows: Sections: 2.09.010 2.09.020 2,09.030 2.09.0£:0 2.09.050 2.09.060 2.09J}70 2.09.080 iiCH.APTER 2. 09 CO!~FLICT OF INTEREST CODE FOR DESIGNATED POSITIONS 0 2.09.010 Introduction. In compliance with the Political Reform Act of 1974, California Government Code Section 81000, et seq., the City of Palo Alto hereby adopts this Conflict of Interest Code for Designated Positions which shall be applicable to all designated employees of the City of Palo Alto purs,uant to Govern ... ment C~de Section 87300. Nothing herein is intended to modify or abrid~e the provisions of the ~olitical Reform Act or any other stat~ or local laws pertaining to con­ licts of interest. 11 2,09.020 Designated_positions. The City Council sl1all adopt by resolution a-list of designated po~itions which shall be incorporated herein by reference as though. fully set foTth. Officers and employees holding these positions are designated employees and are deemed to make or participate in the making of decisions which may fore~ ~e~ably have a material effect on a financial interest. •'2.09.030 Disclosure .statements. The City Council shall anopt by reso!v.tion a llst ofaisclosure categories which shall be incorporated herein by reference as though. fully set forth. A designated employee shall be. assi.gned to one or more of the disclosure categories. It has been determined that it is foreseeable that the types of investments, interest in real property, and incom.e listed • in the disclosure categories may be affected materially by decisions made or participated in by the designated employee by virtue of his or her position. Each desie­ nated employe.c shall file statements of ec.onomic interests disclosing his or her interest tn investment$, real prop­ erty, and income designated as reportable under the category to which the employee's position is assigned. "2. 09.040 Place and time of filing. (a) All. designated employees requfre.d t'O"subciit a statement of economic interests shall file the original ·Hith the City Clerk. · "(b) All designated employees required to submit a statement of economic inte-r-ests shall submit an initial statement within 30 days after the effective date of th:i.s Code. ''(c) Merit system employees appointed, promoted, or transferred to designated positions sltall fil.e asst.nning office statements i<li thin 30 days after the date of their emp loyrr1ent, 11 (d) All ot.her employees appoin~~ed> p·ronoted, or transferred to designat~d positions st~ll file initial statements within 10 days after assuming office. n(e) Annual statements shall b0 filed by all desienat.ed employees during the month of Harch. 11 (f) Each person who leaves a designated position shall f:tle a lesving office statement within 30 days after leaving. 11 2.09.050 f.Q!!.tents of disclosure statements. "(a) Contents of initial or assumin office state­ ment. The rnitial or assuming o ... ice statement i ea by ~: employee appointed to a designated position shall dis­ closa any reportable investments and interests in real property. n (b) Contents of annual statements. The annual statement by a designated employee shall disclose any reportable investments, interests ln real property, in­ come, and management positions during the period between the closing date o.f. the pt'evious statement filed and December 31. "(c) Contents of leavin~ office statements. The leaving off~ce statement f!Ie by designated employees shall disclose reportable investments. interests in real property, income. and management positions held duri.ng the period between the. closing date of the previ.ous statement filed pursuant to this Code and the date of leaving office. -2- • • "(.d) Acquisition or disposa 1 E:uring re2or!;.,i~_g teriod. In case of an annual or. le3vinu office: statement iled under Sections L.09.040(e) and (f), if the invest­ ment, or interest in real property was partially or whoily acquired or disposed of during the period covered by the statement, the date of acquisition or disposal also shall be disclosed. ''(e) Disclosure statements forms. Disclosure state­ ments shall be made on forms supplied by the City of Palo Alto. and shall contain the following infonnatic•n: ~£.0..!ll· property contain: 11 (1) Contents_~.!_ _ _}n'-:estment and real pr~.~rtr ~~en an investme~t or an interest in real is required to be reported, the statem~nt shall "(A) A statement of the nature c·f .i.n~ vestnmnt or inte.rest; "(B) The name of the business entitv in tvhich. each investment is held and a general description of the business activity in which the business entity is engaged; "(C) The address or other pre:cise lo~atj_on of the real property; "(D) A statement h'hetht:r the fair m<:~rket value of the investment or int.2rest in real property exceeds Ten Thousand DoJ lt'lrs ($10, 000) 1 and whether it exceeds One Hundred Thousand Dollars ($100~000). "(2) Contents of ~ersonal income. r~~orts, m1an personal income is requ~red to be ~eporte , the statement shall contain: "(A) The name and address of. each source of income aggregating Two Hundred Fifty Dollars (~,250) or more in value, or Twenty~five Dollars {$25) or more in value if the income was a gift, and a general descripti-on of the business activity, if any, of each source; "(B) A statement whether the aggregate value of income from each source was greater than One Thousand Dollars ($1,000) and whether it was greater than Ten Thousand Dollars ($10,000); 11 (C) A description of the consideration, if any, for which the income ~~s received; "(r~) In the case of a gift: the name and address of the donor, a description of the gift, the amount of value) and the date on which the gift was rew ceived. ..J- ~ .............................................. ~ ........................... ~ \\lhen sole ment • • ,. "(.3) £on tents 2_f business e.ntity_ income _.;:rort~. income of a business entlty, including incorne o a proprietorship, :ts requ:l.red to be reported, the state­ shall contain: 11 (A) The name, address, and a genera 1 description of the business activity of the business entitv· • J "(B) In the case of a business entity which provides legal or brokm::agte services, the name ~"'lf every person who paid fees to the business entity if the filer~ s pro rata share of fees from such person \¥ae· equal to or greater than One Thousand Doll<?.rs (?1,000); n tc) I tl. . , ""'·~ . . ... ; .,., ,., ,. . . ... ·-, , n He ca.:.e v.L a ous •. ,..·.~,s r:nc.l<,.) not covered by subparagraph (B) of this section, the name of every person from whom the bus inef.l s entity re­ ceived payment if the filer's pro rata ~hare of gross receipts from such person was equal to or greater than Ten Thousand Dollars ($10,000) during a calendar year; 11 (D) Income of a business entity shall not be reported unless the filer or his or her spouse om1s, directly~ indirectly 1 or beneficially, a ten percent interest or greater. In addition, for purposes of sub­ paragraph (B) and (C) of this section, the disclosure of persons who are clients or customers of the business entity is required only if income from that sourc~ is within the disclosure category of the filer. ''(4) Contents of management position report~. When management positions are required to "be reported, designated employees·shall l.ist the nm:.1e of each business entity not specified above in which the employee is a director, officer, partner, trustee, or employee, or in which the employee holds any position of management. n2. 09.060 Disgualificat:ion. Designated f>..:mployees must disqualify tnemseives from making or participating in the making of any decisions which ..-ill foreseeably have a materi:al financial effect, distin.guis.hable from its effect on the public generally~ on any financial interest of that employee as defined by Government Code Section 87103 or any fi:1ancial interest made reportable by this code. 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 re­ quired for the decision to be made. ''2.09.070 Manner of dis~ualification. A designated employee required to disquaii y nimselr or herself shall notify his or her super\risor in writing. This notice shall be forwarded to the. City Clerk~ who shall record the employee's disqualificatl.on.. Upon receipt of t:~uch statement, the. supervisor shall immediately reassign the matter to another employee. -4- l • • "In the case of a designated employee who is a member of a board, committee~ or commission, notice of disqualifi .. cation shall be given at the meeting during which consider­ ation of the decision takes place and shall be made part of the official record. The member shall then. refrain from part:i.cipating and shall attempt in no fn•ay to use his or her official position to influence any other person with respect to the matter. ''2. 09.080 Definition of terms, Except as othex:wise. provided, the definitions contained in the Political Re­ form Act of 1974 (Government Code Section 81000 et seq.), the Regulations of the Fair Political Practices Connission, and any amendments to the Act or Regulations shall be incorporated into this Conflict of Interest Code.11 SECTION 2. The Council finds that adoption of this ordix1ancc will nave nos"ignificant adverse envirotlffient.9.1 impact. SECTION 3. Chapter 2.11 of the Palo Alto Municipal Code is hereby repealed. SECTION 4. This ordinance shall become effective upon the ~ourrnencement of the thirty-f:i.rs t day after the day of its pas sage, INTRODUCED: September 17, 1979 PASSED: Octo bel' 1, 1979 AYES: Brenner, Eyerly, Fazzinos Fletcher, Henderson, Levy~ Renzel, Sher NOES: NJne ABSTENTIONS: None ABSENT: Witherspoon APPROVED: ~ ~ ~.~~· s.yor ··5-