HomeMy WebLinkAboutAgenda Statement 1979/08/07 Item 12ITEM
~~ CITY OF CHULA VISTA ,~ .
COUiVCIL AGEiVDA STATEMEiVT ~ Item No. 12
For meeting of 8/7/79
TITLE Resolution`7~~ Providing for the Establishment of a Conflict
of Interest Code for the City of Chula Vista
SUBMIITTED BY
ITEMIEXPLANATION
(4/5TH'S VOTE REQUIRED YES NO x )
Th Political Reform Act of 1974. requires that all jurisdictions
es ablish a Conflict of Interest Code governing the conduct of
"e ery agency" of the state. An agency is defined as any person
wh se position entails the making or the participation
in the making of decisions which may foreseeably have a material
of ect on any financial interest.
Th Fair Political Practices Commission has notified the City of
Ch la Vista as well as numerous other cities in the state that it
is incumbent upon them to approve and promulgate such a Conflict of
In Brest Code as soon as possible. Essentially, the steps that
mu t be followed are that certain designated persons, i.e., City
Ma ager, City Attorney and those other positions and boards and com-
mi Sion members as set forth in the accompanying resolution, must
co duct a public hearing to afford all of the officers, employees
an boards and commissions of the City who are designated as agencies,
an pportunity to be heard concerning the disclosure requirements
im osed upon the particular officer or employee or member of a board
or commission and to review a proposed Conflict of Interest Code.
Ha ing agreed upon such a Code as well as the persons who should be
designated as agencies, the City Manager's hearing body forwards the
Co flict of Interest Code to the City Council, which, in turn, will
co duct a public hearing and review the Code as the Code Reviewing
Bo y. Council may approve the roposed Code, modify it or send it
back to the City Manager for fher advisory hearings.
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FINANCIAL IMPACT
City Attorney
Continued
Plat Notification List
Attached Submitted on
STAFF' RECOMMENDATION
N/A
Adopt Resolution
BOARS/COMMISSION RECOMMENDATION
COON IL ACTION r
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EXNIBITS-
Agreement Resolution x Ordinance_
Proposed Conflict
Other of Interest ENVIRONMENTAL DOCUMENT:
Form A-113 (Rev. 5/77)
Agenda Item No. 12
Page Two
T e resolution prepared by the City Attorney sets forth the procedures
i detail and establishes a deadline of September 5, 1979 for receipt
o the Conflict of Interest Code from the City Manager. It is suggested
t at the City Manager conduct the public hearing required during the
w ek of August 20, 1979. The Manager should select a date at the
e rliest possible time to allow the City Clerk to properly notice it.
T is will allow sufficient review time by all affected officers and
e ployees and board and commission members to examine the Conflict
of Interest Code and ascertain the disclosure requirements which have
been tentatively selected by the City Attorney. They have the oppor-
t nity to request modifications of the disclosure categories or the
elimination of their position from the Code requirements.
I is suggested that the persons who are listed under the disclosure
re uirements notify the City Manager at the earliest possible time
of their feelings on the matter since there are a number of positions
th t are involved and the hearing conducted by the City Manager could
pr ve to be quite lengthy. It is further requested that all parties
wh are named within the Conflict of Interest Code, and who will
re eive a copy of the Code, especially the City Manager and his
s ff, give consideration to any additional positions which they
de m desirable to list in the Conflict of Interest Code and any
mo ifications that they might consider appropriate in terms of
di closure categories.
Th resolution providing for the procedures and approval and promul-
ga ion of the Code has been prepared for Council action and a pro-
po ed Conflict of Interest Code has also been enclosed.
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ORDINANCE N0.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE
CHULA VISTA MUNICIPAL CODE BY ADDING THERETO A NEW
CHAPTER 2.01 ENTITLED "CONFLICT OF INTEREST CODE OF
THE CITY OF CHULA VISTA", AND REPEALING SECTIONS
2.02.170 THROUGH 2.02.270 OF THE CHULA VISTA MUNICIPAL CODE
The City Council of the City of Chula Vista does hereby
ordain as follows:
SECTION I: That the Chula Vista Municipal Code is hereby
amended by adding thereto a new Chapter 2.01 entitled "Conflict
of Interest Code of the City of Chula Vista" to be, and to read
as follows:
CHAPTER 2.01 CONFLICT OF INTEREST CODE OF THE
CITY OF CHULA VISTA
I. General.
Sec. 2.01.010 Title.
This Code shall be known and may be cited as "Conflict
of Interest Code of the City of Chula Vista".
Sec. 2.01.020 Authority.
This Code is adopted pursuant to the provisions of the
"Political Reform Act of 1974". (Article 3 [commencing
with X87300] of Chapter 7 of Title 9 of the Government
Code, hereinafter referred to as the "Act").
Sec. 2.01.030 Adoption by City Agencies.
A. This Code is adopted by the following Agencies of
the City: City Manager, City Attorney, City Clerk,
Director of Finance, Planning Commission, Building
Code Board of Appeals and Advisors and the Board
of Ethics. The City Manager in adopting this Code
acts on behalf of City staff for all departments
of the City.
B. The City Council, in reviewing and approving this
Code, approves the procedure for determining exis-
tence of a disclosure privilege set forth in Section
2.01.470.
C. Each Agency adopting this Code adopts all provisions
hereof except those portions of Section 2.01.300 not
applicable to said Agency. Any portion of this Code
may be amended by any Agency acting independently of
any other Agency and any such amendment shall be
effective only as to the Agency adopting it.
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Sec. 2.01.040 Purpose.
The City Agencies adopt this Code to:
A. Assure that all employees designated herein perform
their duties in an impartial manner, free from bias
caused by financial interests;
B. Enumerate and differentiate the positions of employ-
ment within the City which involve the making of
decisions which may foreseeably have a material
effect upon a financial interest;
C. Require the disclosure of such interests, by setting
forth the specific types of interests which are
reportable for each position;
D. Require the designated employees disqualify themselves
from participation in City decision-making which may
involve a conflict of interest; and
E. Assure that City Conflict of Interest regulations are
uniform throughout the Agencies of the City.
II. Interpretation and Definitions.
Sec. 2.01.200 Interpretation and Definitions.
This Code is to be liberally construed to effectuate
its purposes and those of the Act and regulations adopted
under it. The definitions contained in said Act and
regulations are incorporated herein by this reference,
and shall govern this Code. Unless the contrary is stated
or clearly appears from the context, the definitions set
forth in this article shall govern the interpretation of
this Code. The meanings of words and terms used in these
definitions shall be deemed to be the same as, or as
compatible as possible with, the meanings of such words
and terms used in the Act and in rules and regulations
adopted under the authority of the Act by the Commission,
but in the event of any conflict, the definitions contained
in said Act and said rules and regulations shall govern.
Sec. 2.01.210 Act.
"Act" means the Political Reform Act of 1974, com-
prising Title 9 (commencing with Section 81000) of the
Government Code of the State of California.
Sec. 2.01.220 Agency.
"Agency" means any agency, board or commission of
the City of Chula Vista as specified in Section 2.01.030.
Sec. 2.01.230 City or Jurisdiction.
"City or jurisdiction" means the City of Chula Vista,
California.
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Sec. 2.01.240 City Council.
"City Council" means the City Council of the City of
Chula Vista, California.
Sec. 2.01.250 Code Reviewing Body.
"Code Reviewing Body" means the City Council of the
City of Chula Vista, California.
Sec. 2.01.260 Designated Employee.
"Designated employee" means any officer, employee,
commission or board member or consultant of the City
whose position with the City is established by Section
2.01.300 of this Code as a designated position.
Sec. 2.01.270 Designated Position.
"Designated position" means a position with the City
specified in Section 2.01.300 of this Code and requiring
disclosure as provided in this Code because the position
entails the making or participating in the making of
decisions which may foreseeably have a material effect
on a financial interest.
Sec. 2.01.280 Regulations.
"Regulations" means the regulation of the Fair Political
Practices Commission adopted pursuant to Title 9 of the
Government Code and reported at Title 2 of the California
Administrative Code commencing with Section 18100.
III. Designated Positions, Disclosure
by Designated Employees.
Sec. 2.01.300 Designated Positions.
The positions and categories within the City listed
in this section are hereby established as "designated
positions". Any person whose position with the City is
a designated position is a designated employee. Designated
employees shall disclose in the manner provided in Article
IV, those financial interests which are within the cate-
gories (designated in Section 2.01.320) represented by
the letter(s) following the listed position.
Pncitinn
A.
City Staff under City Manager:
Administration
Disclosure Categories
City Manager A, C, E
Assistant City Manager A, C, E
Development Services Administrator A, C, E
Deputy City Manager A, C, E
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Position Disclosure Categories
Building & Housing
Director of Building & Housing A, C, E
Chief Building Inspector A, D, E
Zoning Enforcement Officer A, D, E
Community Development
Director of Community Development A, C, E
Principal Administrative Analyst A, D, E
Engineering
City Engineer A, C, E
Senior Civil Engineer A, D, E
Traffic Engineer B, D, F
Street Maintenance Superintendent B, D, F
Transit Coordinator A, D, E
Finance
Director of Finance A, C, E
Chief Accountant A, D, E
Parking Meter Attendant A, D, E
Fire
Fire Chief A, C, E
Fire Marshal A, D, E
Battalion Chief B, D, F
Library
City Librarian A, C, E
Principal Librarian B, D, F
Parks & Recreation
Director of Parks & Recreation A, D, F
Park Superintendent B, D, F
Recreation Superintendent B, D, F
Dorcnnncl
Director of Personnel A, D, F
Risk Manager A, D, E
Planning
Director of Planning A, C, E
Assistant Planner A, C, E
Associate Planner A, C, E
Senior Planner A, C, E
Current Planning Supervisor A, C, E
Environmental Review Coordinator A, C, E
Police
Chief of Police A, C, E
Police Captain A, D, E
Purchasing
Purchasing Agent A, C, E
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Position
B. City Attorney's office
City Attorney
Assistant City Attorney
C. City Clerk's office
City Clerk
Deputy City Clerk
E. Planning Commission Members
F. Board of Appeals Members
G. Board of Ethics Members
Sec. 2.01.310 Consultants.
Disclosure Categories
A, C, E
A, C, E
A, C, E
A, D, E
A, C, E
B, D, F
B, D, F
Any person employed within an Agency to provide con-
sulting services shall be designated in the employment
contract as a designated employee if the Agency determines
that such person may reasonably be expected to make,
participate in making, or in any way attempt to use his
position as consultant to influence a City decision in
which he has a financial interest. If the Agency is
unable to determine whether a consultant should be a
designated employee, the consultant shall disclose pur-
suant to Title 9, Chapter 7, Article 2 of the Government
Code. For the purpose of this section, a consultant
shall include any natural person who provides under
contract, information, advice, recommendation or counsel
to an Agency, provided, however, that "consultant" not
include a person who:
A. Conducts research and arrives at conclusion with
respect to his or her renditions of information,
advice, recommendation or counsel independent of
control and directions of the Agency or of any
Agency official, other than normal control moni-
toring; and
B. Possesses no authority with respect to any Agency
decisions beyond rendition of information, advice,
recommendation or counsel.
Sec. 2.01.320 Categories of Reportable Economic
Interest.
The categories of reportable economic interest for
the purpose of this Code shall be:
A. Category A. All inclusive reportable investments.
A designated employee in this category shall disclose
all investments (worth more than $1,000) in a City
related business entity which are:
(1) Owned by the designated employee, his or her
spouse or dependent child;
(2) Owned by an agent on behalf of the designated
employee;
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(3) Owned by any business entity controlled by the
designated employee (i.e., any business entity
in which the designated employee, his or her
agents, spouse and dependent children hold more
than a 50~ ownership interest);
(4) Owned by a trust in which the designated employee
has a substantial interest (i.e., a trust in
which the designated employee, his or her spouse
and dependent children have a present or future
interest worth more than $1,000);
(5) Representing the pro rata share (worth more than
$1,000) of the designated employee, his or her
spouse and dependent children, of investments of
any business entity or trust in which the desig-
nated employee, his or her spouse and dependent
children own, directly, indirectly or beneficially,
a 10~ interest or greater.
"Investment" means any financial interest in or security
issued by a City related business entity, including, but
not limited to common stock, preferred stock, rights,
warrants, options, debt instruments and any partnership
or other ownership interest.
A business entity is "City related" if and only if the
business entity or any parent, subsidiary or otherwise
related business entity: (i) has an interest in real
property within the jurisdiction, (ii) does business in
the City, or (iii) did business or plans to do business
in the City at any time during the period commencing two
years prior to and ending one year after the time the
designated employee is required by this Code to file
his or her next Statement of Economic Interests or to
disqualify himself or herself with respect to a City
decision.
No asset is deemed an "investment" unless its fair
market value exceeds $1,000.
The term "investment" does not include a time or demand
deposit in a financial institution, shares in a credit
union, any insurance policy, or any bond or other debt
instrument issued by any government or government agency.
B. Category B. Less inclusive reportable investments.
A designated employee in this category shall disclose,
and only those, Category A reportable investments
which pertain to a business entity, a business
activity which is that of:
(1) Providing within the last two years, or fore-
seeably in the future, services, supplies,
materials, machinery or equipment to the City;
(2) Conducting a business in the City which requires
a business license therefor pursuant to ordi-
nances of the City;
(3) Sale, purchase, exchange, lease or rental, or
financing, for its own account or as broker, of
real property or the development, syndication or
subdivision of real property or construction
thereon of buildings or structures within the
City.
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C. Category C. All Inclusive Reportable Interests in
Real Property.
A designated employee in this category shall disclose
all interests (worth more than $1,000) in real property
located within the jurisdiction if the interests are:
(1) Held or owned by the designated employee, his
or her spouse and dependent child; or
(2) Owned by an agent on behalf of the designated
employee;
(3) Owned by any business entity controlled by the
designated employee (i.e., any business entity
in which the designated employee, his or her
agents, spouse and dependent children hold more
than a 50~ ownership interest);
(4) Owned by a trust in which the designated employee
has a substantial interest (i.e., a trust in
which the designated employee, his or her spouse
and dependent children have a present or future
interest worth more than $1,000);
(5) Representing the pro rata share (worth more than
$1,000) of the designated employee, his or her
spouse and dependent children, of investments of
any business entity or trust in which the desig-
nated employee, his or her spouse and dependent
children own, directly, indirectly or beneficially,
a 10~ interest or greater.
"Interest in real property" includes any leasehold, bene-
ficial or ownership interest, or any option to acquire
such an interest, in real property, but does not include
the principal residence of the filer.
Real property shall be deemed to be "located within the
jurisdiction" if the property or any of it is located
within or not more than two miles outside the boundaries of
the City or within two miles of any land owned or used
by the City.
D. Category D. Less Inclusive Reportable Interests in
Real Property.
A designated employee in this category shall disclose
those, and only those, Category C reportable interests
in real property where the property or any part of
it is located within or not more than 500 feet outside
the boundaries of the City.
E. Category E. All Inclusive Reportable Income.
A designated employee in this category shall disclose
all income of the designated employee from any City
related source aggregating $250 or more (or $25 or
more in the case of gifts) during the reporting period.
(1) "Income" means, except as provided in Subsection
B, income of any nature from any City related
source, including but not limited to any salary,
wage, advance, payment, honorarium, award gift,
zos
including any gift of food or beverage, loan,
forgiveness or payment of indebtedness, discount
in the price of anything of value unless the
discount is available to members of the general
public without regard to official status, rebate,
reimbursement for expenses, per diem, or contri-
bution to an insurance or pension program paid
by any person other than employer, and including
any community property interest in income of a
spouse from any City related source. Income of
an individual also includes a pro rata share of
any income of any City related business entity
or trust in which the individual or spouse owns,
directly, indirectly or beneficially, a ten percent
interest or greater.
A source, business entity or trust is "City
related" if and only if he, she or it: (i)
resides in the jurisdiction, (ii) has an interest
in real property within the jurisdiction, (iii)
does business in the City, or (iv) did business
or plans to do business in the City at any time
during the period commencing two years prior to
and ending one year after the time the designated
employee is required by this Code to file his or
her next Statement of Economic Interests or to
disqualify himself or herself with respect to a
City decision.
(2) "Income" does not include:
(a) Campaign contributions required to be
reported under Chapter 4 of the Act;
(b) Salary and reimbursement for expenses or
per diem received from a state or local
government agency and reimbursement for
travel expenses and per diem received from
a bona fide educational academic or chari-
table organization;
(c) Gifts of informational material, such as
books, pamphlets, reports, calendars or
periodicals;
(d) Gifts which are not used and which, within
thirty days after receipt, are returned to
the donor or delivered to a charitable
organization without being claimed as a
charitable contribution for tax purposes;
(e) Gifts from an individual's spouse, child,
parent, grandparent, grandchild, brother,
sister, parent-in-law, brother-in-law,
sister-in-law, aunt, uncle, or first cousin
or the spouse of any such person; provided
that a gift from any such person shall be
considered income if the donor is acting as
an agent or intermediary for any person not
covered by this paragraph.
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(f) Gifts of hospitality involving food,
beverages, or lodging provided to the
designated employee; if such hospitality
has been reciprocated within the filing
period. "Reciprocity" as used in this
subsection includes the providing by the
designated employee to the host of any
consideration, including entertainment or
household gift of a reasonably similar
benefit or value;
(g) Any devise or inheritance;
(h) Interest, dividends or premiums on a time
or demand deposit in a financial institution,
shares in a credit union or any insurance
policy, payments received under any insurance
policy, or any bond or other debt instrument
issued by any government or government agency;
(i) Dividends, interest or any other return on a
security which is registered with the Securities
and Exchange Commission of the United States
Government;
(j) Loans by a commercial lending institution in
the regular course of business.
(3) "Honorarium" means a payment for speaking at any
event participating in a panel or seminar or
engaging in any similar activity. For purposes of
this subdivision, free admission, food, beverages
and similar nominal benefits provided to a filer
at any event at which he or she speaks, participates
in a panel or seminar, or performs a similar
service, and reimbursement or advance for actual
intra-state travel and for necessary accommodations
provided directly in connection with the event are
not payment and need not be reported by the desig-
nated employee.
A prize or an award shall be disclosed as a gift
unless the prize or award is received on the basis
of a bona fide competition not related to the
designated employee's official status. Prizes or
awards which are not disclosed as gifts shall be
disclosed as income.
F. Category F. Less Inclusive Types of Reportable Income.
A designated employee in this category shall disclose
those, and only those types of Category E reportable
income which are derived from a source, an activity
of which is that of:
(1) Providing within the last two years, or fore-
seeably in the future, services, supplies,
materials, machinery or equipment to the City.
(2) Conducting a business in the City which requires
a business license therefor pursuant to ordinances
of the City.
(3) Sale, purchase, exchange, lease or rental, or
financing, for its own account or as broker, of
real property or the development, syndication,
or subdivision, of real property of construction
thereon of buildings or structures.
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IV. Statements of Economic Interest.
Sec. 2.01.400 Duty to File.
Each designated employee shall file Statements of
Economic Interests conforming to the requirement of
this Code. Such statements shall be on forms provided
by the City Clerk.
Sec. 2.01.410 Place of Filing.
A. All designated employees shall file the original
Statement of Economic Interests with the City
Clerk who is hereby appointed by each Agency to
receive them.
B. The City herewith delegates authority for receipt
of statements of economic interests and administra-
tion of the duties of the filing officer, pursuant
to Government Code Sections 81010 and 91013 to the
office of the City Clerk, provided, however, that
the responsibility for the timely receipt of such
statements and the proper administration of such
statements, remains with the City.
Sec. 2.01.420 Time of Filing First Statement.
A filer's first statement shall be filed:
A. By a person who is a designated employee on the
effective date of this Code - within thirty days
after the effective date of this Code.
B. By a person who, after the effective date of this
Code, is appointed, promoted or transferred to a
designated position which is not exempt from the
competitive service of the City within thirty days
after such appointment, promotion or transfer.
C. By any other person who, after the effective date
of this Code is appointed, promoted or transferred
to a designated position, not less than ten days
before the person assumes the designated position to
which he is appointed, promoted or transferred, unless
an earlier assumption of the position is required by
emergency circumstances certified to by the City Manager,
in which case the statement shall be filed within thirty
days after assumption of the designated position.
Sec. 2.01.430 Time of Filing Subsequent Statements.
A. Subsequent to the filing of a filer's first statement,
the filer shall annually, during the month of March,
file subsequent Statements of Economic Interests.
B. Every designated employee leaving a designated position
and not assuming another shall, within thirty days of
leaving, file a Statement of Economic Interests.
Sec. 2.01.440 Periods Covered by Statements.
A. First Statements.
No period of time is covered by a filer's first state-
ment. A first statement shall report all reportable
investments and interests in real property existing
at the time of filing. Income shall not be reported
in a first statement.
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B. Second Statement.
A filer's second statement shall cover that portion
of the preceding calendar year which is subsequent
to the time of filing the first statement. If a
person assumes a position as a designated employee
between October 1 and December 31 and files a State-
ment of Economic Interests pursuant to Section
2.01.420, that person need not file a second state-
ment until one year later than March of the next
year.
C. Period Covered by Filer's Third and Subsequent Statements.
Each of a filer's third and subsequent statements, filed
in March of each year, shall cover the preceding calendar
year.
D. Period Covered by Filer's Leaving Employment Statement.
The statement upon leaving shall cover the period since
the previous statement to the date of leaving the desig-
nated position and shall include any investments and
interests in real property held at any time during the
period covered by the statement, whether or not they
are held at the time of filing.
Sec. 2.01.450 Amendments.
Any statement filed pursuant to this Code may be
amended by the filer at any time. Amending an incorrect
or incomplete statement may be considered as evidence of
good faith for purposes of enforcement of this Code.
Sec. 2.01.460 Contents. Disclosures of Reportable
Investment and Interests.
When an investment or an interest in real property is
reportable by the filer under the Code, the statement
shall contain:
A. A statement of the nature of the investment or
interest;
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;
C. The address or other precise location of the real
property;
D. A statement whether the fair market value of the
investment or interest in real property exceeds
ten thousand dollars, and whether it exceeds one
hundred thousand dollars;
E. In the case of an investment which constitutes fifty
percent or more of the ownership interest in a busi-
ness entity, disclosure of the investments and interest
in real property of the business entity;
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F. In the case of a filer's second or subsequent state-
ment, 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 (Government Code Section
87206).
G. Disclosure of the location or value of the principal
residence of the filer is not required.
Sec. 2.01.470 Contents. Disclosure of Reportable
Income.
A. When income is reportable by the filer under this Code,
the statement shall contain, except as provided in
Subsection C:
(1) The name and address of each source of income
aggregating two hundred fifty dollars or more in
value, or twenty-five dollars 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 was greater than one thousand
dollars and whether it was greater than ten
thousand dollars;
(3) A description of the consideration, if any,
for which the income was received;
(4) In the case of a gift, the amount and the date on
which the gift was received.
B. When income of a business entity, including income of
a sole proprietorship, is reportable by the filer
under this Code, the statement shall contain:
(1) the name, address and general description of the
business activity of the business entity;
(2) 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
dollars;
(3) In the case of a business entity not covered by
paragraph (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 during a calendar year.
C. A designated employee need not disclose, pursuant to
Subsections B(2) or B(3) above, the name of a person
who paid fees or made payments to a business entity if
disclosure of the person's name would violate a legally
recognized privilege under California law. Such a
person's name may be witheld in accordance with the
following procedure:
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(1) A designated employee who believes that a person's
name is protected by a legally recognized privilege
may decline to report the same, but shall file with
the Statement of Economic Interests an explanation
for such nondisclosure. The explanation shall
separately state for each undisclosed person the
legal basis for assertion of the privilege and, as
specifically as possible without defeating the
privilege, facts which demonstrate why the privilege
is applicable.
(2) With respect to each undisclosed person, the
designated employee shall state that to the best
of his knowledge he has not and will not make,
participate in making, or in any way attempt to
use his official position to influence a govern-
mental decision when to do so constituted or would
constitute a violation of Section 87100 of the
Government Code.
(3) The Agency may request further information from
the designated employee and, if no legal or factual
justification sufficient to support assertion of
the privilege is shown, may order that the disclosure
required by the Act be made. The designated
employee shall, within fourteen days after receipt
of an order from the Agency, either comply with
the order or, if he wants to challenge the deter-
mination of the Agency, appeal the determination,
in writing, to the City Council.
~4) If the Agency determines that nondisclosure is
justified because of the existence of a privilege
the matter shall be referred to the City Council.
(5) The City Council shall review an appeal filed
under Paragraph (3) or a recommendation made by
the Agency under Paragraph (4) at a meeting held
no less than thirty days after notice of the
meeting is mailed to the designated employee, the
Attorney General and both the District Attorney of
San Diego County and the City Attorney of the
City of Chula Vista. The City Council shall
decide whether nondisclosure is warranted and
shall reflect such decision in the minutes of
its proceedings.
(6) If the City Council orders a designated employee
to disclose, the designated employee must comply
within fourteen days. The Agency may, for good
cause, extend any of the time periods established
in this regulation.
V. Disqualification.
Sec. 2.01.500 Circumstances Requiring Disqualification.
Except as provided in Section 2.01.520, it shall be the
duty of each designated employee to disqualify himself or
herself from making or participating in the making of City
decisions, or from using his or her official position to
influence a City decision, if it is reasonably foreseeable
that the decision will have a material financial effect,
distinguishable from the decision's effect on the public
generally, on:
Z O S -13-
A. Any business entity in which the designated employee
has a direct or indirect investment which is reportable;
B. Any real property in which the designated employee has
a direct or indirect interest which is reportable;
C. Any source of reportable income (which does not in-
clude loans by a commercial lending institution in
the regular course of business) aggregating two hundred
fifty dollars or more in value received by or promised
to the designated employee within twelve months prior
to the time when the decision is made; or
D. Any business entity in which the designated employee
is a director, officer, partner, trustee, employee,
or holds any position of management.
As used in this section, making or participating in
the making of any City decision, or using his or her
official position in influencing a City decision shall
not include:
(1) Appearance by a designated employee before a
City official, employee, board or commission or
City Council in the course of its prescribed
governmental function to represent himself or
herself on matters relating to his or her per-
sonal interest; nor
(2) Actions of designated employees or employee
representatives relating to their compensation
or the terms or conditions of their employment
or contract.
Sec. 2.01.510 Manner of Disqualification.
A designated employee required to disqualify himself
or herself shall provide written notification thereto to
his or her immediate superior, who shall immediately
reassign the matter to another employee. The notification
shall be forwarded to the designated employee's appointing
authority, who shall record the employee's disqualification.
In the case of a designated employee who is a consultant,
the written notification shall be made to the City officer
or employee charged with administration of the consultant's
contract.
In the case of a designated employee who is a member of
a board or commission, notice of disqualification shall
be given at the meeting during which consideration of the
decision takes place and shall be made part of the official
record of the board or commission. The member shall then
refrain from participating and shall attempt in no way to
use his or her official position to influence any other
person with respect to the matter.
Sec. 2.01.520 Exception to Disqualification.
A. 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. Participation is not
-1.4-
~ 7o s
"legally required" unless there exists no alternative
source of decision consistent with the purposes and
terms of the ordinance or statute authorizing the
decision. The fact that a designated employee's
vote is needed to break a tie does not make his or
her participation "legally required" for purposes
of this section.
B. Whenever a public official who has a financial interest
in a decision is legally required to make or to parti-
cipate in making such a decision, he or she shall:
(1) Disclose as a matter of official public record
the existence of the financial interest;
(2) Describe with particularity the nature of the
financial interest before he or she makes or
participates in making the decision;
(3) Attempt in no way to use his or her official
position to influence any other public official
with respect to the matter;
(4) State the reason there is no alternative source
of decision-making authority;
(5) Participate in making the decision only to the
extent that such participation is legally
required.
VI. Enforcement.
Sec. 2.01.600 Enforcement.
This Code has the force and effect of law. Any vio-
lation of this Code shall be deemed a violation of
Chapter 7 of the Act.
Sec. 2.01.610 Legal Requirements.
Government Code Section 87100, contained in Chapter 7
of the Act, provides in legal effect that no member, offi-
cer, employee or consultant at any level of state or
local government shall make, participate in making or in
any way attempt to use his official position to influence
a governmental decision in which he knows or has reason
to know he has a financial interest as defined in Govern-
ment Code Section 87103. This self-executing provision
of the Act (Government Code §87100) thus applies to any
member, officer, employee or consultant of the City of
Chula Vista even though not a "designated employee"
within the meaning of this Code. The requirements of this
Code are in addition to the requirements of Government
Code Section 87100 and to the requirements of any conflict
of interest laws, such as Government Code Section §1090
et seq. and 36000 et seq.
Sec. 2.01.620 Summary of Penalty and Enforcement
Provisions of the Act.
The penalty and enforcement provisions of the Act are
summarized as follows:
-15-
9~5
A. A person who knowingly or willfully violates any
provisions of this Code is guilty of a misdemeanor
(Government Code ~~91000(a), 87300);
B. A fine of up to the greater of ten thousand dollars
or three times the amount the person failed to report
properly may be imposed upon conviction for each
violation (Government Code ~91000(b));
C. No person convicted of such a misdemeanor shall be a
candidate for any elective office or act as a lobbyist
for four years thereafter unless the sentencing court
determines otherwise, and that any convicted person
doing so is guilty of a felony (Government Code
X91002);
D. Persons may sue to enjoin violations or to compel
compliance with the Act and this Code, and the official
governmental action may in appropriate circumstances
be set aside by the court as void (Government Code
§91003(b)):
E. Any person who violates a provision of this Code is
subject to discipline by his employing agency, in-
cluding dismissal, consistent with applicable personnel
laws, regulations and procedures (Government Code
X91003.5);
F. Any person who intentionally or negligently violates
any of the reporting requirements of the Act and this
Code shall be liable in a civil action for an amount
not more than the amount or value not properly reported
(Government Code X91004);
G. Any designated employee who realizes an economic benefit
as a result of a disqualification provision of this
Code is liable in a civil action for an amount up to
three times the value of the benefit (Government Code
§91005 (b)) ;
H. Persons filing late statements or reports may be liable
to the filing officer in the amount of ten dollars for
each day, but not to exceed the cumulative amount
stated in the late statement or report, or one hundred
dollars, whichever is greater (Government Code §91013);
and
I. Every person who signs and verifies any statement or
report required to be filed under this Code which he
knows to be false is guilty of perjury (Government
Code X81004); and
J. The court may award the prevailing party, in any action
authorized by the Act, his costs of litigation including
reasonable attorney's fees (Government Code §91012).
SECTION II: That Sections 2.02.170 through 2.02.270 of the
:hula Vista Municipal Code be, and the same are hereby repealed;
provided, however, said repealer in no way relieves those public
officials so designated from full compliance with Section 36000
:t seq. of the Government Code of the State of California dealing
pith conflict of interest.
-1G -
~P7os
SECTION III: This ordinance shall take effect and be
in full force on the thirty-first day from and after its
adoption.
j?resented anc~-A ~ ved as to Form by
!~i~ I
~?~
rge ll. i,lndberg, City Attorney
FIRST READ at a regular meeting of the CITY COUNCIL of
the CITY OF CHULA VISTA, CALIFORNIA, held ,
197 , and finally PASSED AND ADOPTED at a regular meeting thereof
helms 197_, by the following vote, to-wit:
YES: Councilmen:
YES: Councilmen:
AYES: Councilmen:
BSENT: Councilmen:
Mayor of the City of Chula Vista
TTEST
City Clerk
TATS OF CALIFORNIA)
OUNTY OF SAN DIEGO) ss.
ITY OF CHULA VISTA)
I, , City Clerk of the
:ity of Chula Vista, Cali ornia, DO HEREBY CERTIFY that the above is
~ full, true and correct copy of Ordinance No. , and that
.he same has not been amended or repealed. DATED
City C er
y ion
-17-
„!
NOTICE OF PUBLIC HEARING ON ADOPTION OF THE
CONFLICT OF INTEREST CODE BY THE CITY OF
CHULA VISTA
EX~iIg'IT "B"
Notice is hereby given that the City Council or the City
Manager, City Attorney, City Clerk, Director of Finance, Plan-
ning Commission, Building Code Board of Appeals and Advisors,
and the Board of Ethics will hold a public hearing on the
22nd day of August , 1979 at 2:00 p.m. in the City
Cou- Heil Chambers, 276 Fourth Avenue, Chula Vista, California
pursuant to the Political Reform Act of 1974 (Title 9 [commen-
cing with X81000] of the Government Code) to consider the
adoption of the Conflict of Interest Code for the agencies of
the City of Chula Vista as specifically required by ~§87300
et seq. of the Government Code. The proposed Conflict of
Interest Code will require certain officers and employees of the
City of Chula Vista and each member of the Planning Commission,
the Building Code Board of Appeals and Advisors and the Board
of Ethics to disqualify himself from making or participating in
the making of any decision which will foreseeably have a
material or financial effect distinguishable from its affect
on the public general or financial interest as defined in Govern-
ment Code §87103.
Under the provisions of the proposed Code, no such employee
or member would be prevented, however, from making or partici-
pating in the making of any decision to the extent his or her
participation is legally required for the decision to be made.
Section 87111 of the Government Code requires that the
review and preparation of Conflict of Interest Codes by a
local Government Agency shall be carried out under procedures
which guarantee to the residents of the jurisdiction adequate
notice and fair opportunity to present their views. Accordingly,
any interested party may appear on the date and time above and
be heard concerning the City of Chula Vista Conflict of Interest
Code.
A copy of the proposed Code and the rules of procedure
for the conduct of the public hearing are available for
inspection at the office of the City Clerk, 276 Fourth Avenue,
Chula Vista, California.
105
/ ~
AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING
~, i ~
Re: ESTABLISHMENT OF CONFLICT OF INTEREST CODE
FOR THE CITY OF CHULA VISTA (RES. #9705)
STAVE OF CALIFORNIA )
CO TY OF SAN DIEGO ) ss.
I, PATRICIA ELLEN WESP being duly sworn, say that I am a citizen of
the United States, over 18 years of age, a resident of San Diego County and not interested
in he above-mentioned matter.
Tha I ailed a copy of the attached notice by placing a true copy thereof in the United
Sta es Mail at Chula Vista, California, postage prepaid, on theNINTH __ _ day
of AUGUST ___ 19 79 addressed to the following persons:
Name Address
the enclosed listing --
Signature
Sub cribe
thi G
19
and sworn to be a me
~ day of
6t r~ Public in and for the G
an Diego, State of California
q~o~
0
Mr. La e F. Cute
City M nager
Eugene~R. Asmus
Assist nt City Manager
Kenneth R. Smithey
Battalion Chief
Rudy A. Schmoke
Battalion Chief
Brad Simon
City Librarian
Willia J. Rob ens Mary Mancini
Develo ment Services Administrator Principal Librarian
Deputy City Manager Edward E. Hall
Director of Parks ~ Rec
Eugene J. Grady
Direct r of Bldg. ~ Housing
Leonar W. Hansell
Chief ldg Inspector
Ro y B Hodge
Zoning Enforcement Officer
Paul D Desrochers
Direct r of Community Development
Philip Barker
Park Superintendent
Herbye K. White
Recreation Superintendent
Signe A. Thorsen
Director of Personnel
Melinda Hawkins
Risk Analyst
Dougla P. Boyd
Princi al Administrative Analyst
John L'ppitt
City E gineer
Kennet Goldkamp
Senior Civil Engineer
Gary H ns en
Traffi Engineer
John C ouse
Street Maintenance Superintendent
Jack B oom
Transi Coordinator
Gordon K. Grant
Direct r of Finance
Rene P~ Franken
Chief ccountant
Robert Baker
Parkin Meter Attendant
Clyde l~. Longerbone
Fire Chief
Theodore R. Monsell
Fire M shal
David ~ Bounds
Battali n Chief
D. Jim Peterson
Director of Planning
Stephen S. Griffin
Assistant Planner
Armando D. Liuag
Associate Planner
Larry M. Yamagata
Associate Planner
DAniel M. Pass
Senior Planner
Kenneth G. Lee
George n..• Linitierg
City 'Attorney
T~iomas J. Harron
Assistant City Attorney
Jennie M. Fulasz
City Clerk
Jane A. Diedrichs
Deputy City Clerk
Wayne Smith
47 San Miguel Drive
Chula Vista, CA 92011
Alex Pressutti
917 Nolan Way,
CV 92011
Roy R. Johnson
351 Palomar Drive
CV 92011
Virgil D. Stevenson
32 E. Whitney Street
Chula Vista, CA 92010
Ms Gayle Johnson
424 Stoneridge Court
Bonita 92002
John W. 0!Neill
540 Carla Avenue
CV 92010
Gerald G. Williams
670 Gilbert Place
CV 92010
Supervisor, Current Planning Richard Welsh
33 Prospect Court
Douglas D. Reid CV 92011
Environmental Review Coordinator
Robert Burke
William Winters 1231 Corte de Cera
Police Chief CV 92010
John A. Kohl s
Police Captain
Ahmet L. Kaya
1558 Marble Court
CV 92011
Virgil H. Seiveno
Police Captain
Earl R. Clark
Police Captain
James V. Espincsa
Purchasing Agent
Charles S. Offerman
331 "L" Street
CV 92011
Myron Dalseth
114 Guava Avenue
CV 92010
~~ s
Pa e 2 ~ ,
Mr. Patrick •Barajas
37 "J" Street
CV 92010
Th mas Emmons
10 9 Mission Court
CV 92011
Ed and J. Kostelnik
655 Myra Avenue
CV 92010
Jos
710
CV
Kph P. Dordahl
Gretchen Road
92010
Mrs. Carolyn Morgan
P.O. Box 965
CV 92012
All n Campbell
89 'K" Street
Chu a Vista, 92011
Mrs Lois Richards
738 Monserate Avenue
CV 92010
Dr,
76(
CV
Mr.
137:
Chu:
Thomas Pasqua, Jr
Monterey Avenue
92010
Ricardo . D. Chantengco
'. La Mancha Place
.a Vista, CA 92010
~r
~~ ~ ~
/°~
7~5
STAR NEWS . , ~r
835 Third Avenue
CV 92010
San Diego Evening Tribune
555 "H" Street
Chula Vista, CA 92010
San Diego Union
555 "H" Street
Chula Vista, CA 92010
President Thomas Stille
Police Relief Association
P. 0. Box 848
CV 92012
Donald Byrum
Chula Visit Firefighters
Shale Hanson
Western Council of Engineers
Eugene Ru~,n, Chula Vista Employees Assoc.
1624? Coolidge Street
National City, CA 92050
Cliff Reed
652 "H" Street
Chula Vista, 92010
Director of PAPS
7g
,• .. _ .
.i
~ ~ !13 ~ $
Office of
JENNIE . FULASZ, CITY CLERK
August 8, 1979
City o~ C~nu.Qa ~Uista
CALIFORNIA
At the meeting of August 7, 1979, the City Council
approved Resolution No. 9705 providing for the establish-
ment of a Conflict of Interest Code for the City.
Your position is designated as one required to file a
disclosure of your financial interests within the
categories stipulated in the Code.
A public hearing will be held by the City Manager on
Wednesday, August 22, 1979 at 2:00 p.m. in the Council
Chamber, Public Services Building, 276 Fourth Avenue.
You may .submit your comments, in writing, to the City
Manager prior to this public hearing date or appear at
the meeting and present your testimony at that .time.
(See paragraph 4 of the Rules of Procedure).
The Code will then be sent to the City Council and set
for a public hearing before that body.
'~
;'
G'~~ ~~
Jen ie Fulasz, CMC
C.f~y Clerk
Enclosures: Resolution No. 9705
Notice of Public Hearing
Conflict of Interest Code Ordinance
S~ 276 Fourth Avenue, Chula Vista, CA 92010 (714) 4r~9A
` ~
~~ ~
~ _
NOTICE OF PUBLIC HEARING ON ADOPTION OF THE
CONFLICT OF INTEREST CODE BY THE CITY OF
CHULA VISTA
~ 1 j 4
w + .~ 1
Notice is hereby given that the City Council or the City
~lanage.r, City Attorney, City Clerk, Director of Finance, Plan-
ting Commission, Building Code Board of Appeals and Advisors,
end the Board of Ethics will hold a public hearing1nntheeCity
22nd day of August , 1979 at 2 : n0 ~Lm_.~
Council Chambers, 276 Fourth Avenue, Chula Vista, California
pursuant to the Political Reform Act of 1974 (Title 9 [commen-
cing with §81000] of the Government Code) to consider the
adoption of the Conflict of Interest Code for the agencies of
the City of Chula Vista as specifically required by §§87300
et seq. of the Government Code. The proposed Conflict of
Interest Code will require certain officers and employees of the
City of Chula Vista and each member of the Planning Commission,
the Building Code Board of Appeals and Advisors and the Board
of Ethics to disqualify himself from making or participating in
the making of any decision which will foreseea}~ly have a
material or financial. effect distinguishable from its affect
on the public general or financial interest as defined in Govern-
ment Code §87103.
Under the provisions of the proposed Code, no such employee
or member would be prevented, however, .from making or partici-
pating in the making of any decision to the extent his or her
participation is legally required for the decision to be made.
Section 87111 of the Government Code requires that the
review and preparation of Conflict of Interest Codes by a
local Government Agency shall be carried out under procedures
which guarantee to the residents of the jurisdiction adequate
notice and fair opportunity to present their views. Accordingly,
any interested party may appear on the date and time above and
be heard concerning the City of Chula Vista Conflict of Interest
Code.
A copy of the .proposed Code and .the rules of procedure
for the conduct of the public hearing are available for
inspection at the office of the City Clerk, 276 Fourth Avenue,
Chula Vista, California.
Dated: August 8, 1979
aids
nnie M. Fulasz, CMC, City Cle
ity of Chula Vista, California