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
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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.
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"(.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.
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sole
ment
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"(.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.
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"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
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