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Resolution No. 3798RESOLUTION NO. 3798 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AND THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING ITS CONFLICT OF INTEREST CODE. WHEREAS, numerous changes to State law, as well as the addition of new staff positions, dictate that the City's Conflict of Interest Code be amended to reflect these changes and additions; and WHEREAS, the Cypress Redevelopment Agency intends to adopt the City's Conflict of Interest Code by reference as the Agency's Code. NOW, THEREFORE, the City Council of the City of Cypress, and acting as the ex officio Board of Directors of the Cypress Recreation and Park District, DOES HEREBY RESOLVE as follows: SECTION 1. That the Conflict of Interest Code attached hereto as Attachment "1" and incorporated herein by this reference, shall be the City and District's Conflict of Interest Code. PASSED AND ADOPTED by the City Council of the City of Cypress, and acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, at a regular meeting held on the 23rd day of July 1990. ATTEST: CITY CLERK 0 THEC Y OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE t YOR OF THE CITY OF CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, California, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the City Council of the City of Cypress and the Cypress Recreation and Park District, a subsidiary district of the City of Cypress, held on the 23rd day of July 1990; by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF H C40gF CYPRESS ggd /COD47740 139 ATTACHMENT "1" CONFLICT OF INTEREST CODE OF THE CITY OF CYPRESS AND THE CYPRESS RECREATION AND PARK DISTRICT (A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS) SECTION 1. Purpose. Pursuant to the provisions of Government Code Sections 87300, et sea., the City of Cypress (hereinafter referred to as "City ") hereby adopts the following Conflict of Interest Code. The provisions of this Code are in addition to those contained in Title 9, Chapter 7 of the Government Code (Section 87100 et seq.). Except as otherwise indicated, the definitions contained in Title 9, Chapter 2 of the Government Code (Section 8200 et seq.) are incorporated herein and apply to this Code. It is the purpose of this Code to provide for the disclosure of assets and income of designated employees which may be materially affected by their official actions, and, in appropriate circumstances, to provide that designated employees should be disqualified from acting in order that conflicts of interest may be avoided. -1- 140 ggd /COD47740 SECTION 2. Designated Positions. The positions listed in Exhibit "A" are designated positions. Officers and employees holding those positions are designated employees and are deemed to make or participate in the making of decisions which may foreseeably have a material effect on a financial interest. SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or more of the disclosure categories set forth in Exhibit "B ". Each designated employee or official shall file an annual statement disclosing that employee's or official's interest in investments, business positions, interests in real property and source of income designated as reportable under the category to which the employee's or official's position is assigned in Exhibit "B ". SECTION 4. Place and Time of Filing. (a) All designated employees or officials required to submit a statement of financial interests, (FPPC Form No. 730), shall file the original with the City Clerk's office. (b) The City Clerk's office shall make and retain a copy of the statement. (c) A designated employee or official required to submit an initial statement of financial interests, (FPPC Form No. 730), shall submit the statement within 30 days after the effective date of this Code, disclosing interests -2- ggd /COD47740 held including investments, business positions, and interests in real property on the effective date of this Code, and income received during the twelve (12) months prior to the effective date of this Code. (d) All persons appointed, promoted, or transferred to designated positions shall file initial statements not more than 30 days after assuming office. (e) The first statement of financial interests filed by a designated employee shall disclose the designated employee's reportable investments, business positions, and interests in real property as those investments, positions, and interests in real property exist as of the effective date of this Code or the date the designated employee assumed office, whichever is later, and income received during the preceding twelve (12) months. (f) Annual statements shall be filed by June 1, of each year by all designated employees. Such statements shall disclose reportable investments, business positions, interests in real property, and income held or received at any time during the previous calendar year or since the designated employee took office if during the calendar year. (g) A designated employee required to file a statement of financial interest with any other agency which is within the same territorial jurisdiction and whose disclosure requirements are comparable may comply with the 1441 42 ggd /COD47740 provisions of this Code by filing a duplicate copy of the statement filed with the other agency, in lieu of an entirely separate statement. (h) Every designated employee who leaves office shall file, within 30 days of leaving office, a statement disclosing reportable investments, business positions, interests in real property, and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office. (i) A designated employee who resigns his or her position within 30 days following initial appointment is not deemed to assume or leave office, provided that during the period between appointment and resignation the individual does not make, participate in making, or use the position to influence any decision of the City or receive or become entitled to receive any form of payment by virtue of being appointed to the position. SECTION 5. Contents of Disclosure Statements. Disclosure statements shall be made on forms supplied by the City Clerk's Office, (FPPC Form No. 730), and shall contain the following information: (a) Contents of Investment and Real Property Reports. When an investment or an interest in real property is required to be disclosed, the statement shall contain: -4- ggd /COD47740 143 (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 equals or exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hundred thousand dollars ($100,000). For purposes of this Code, "interest in real property" does not include the principal residence of the designated employee or any other property which the designated employee utilizes exclusively as the employee's personal residence. (b) Contents of Personal Income Reports: When personal income* is required to be disclosed under this Code or pursuant to the Political Reform Act, the statement shall contain: (1) The name and address of each source of * "Income is defined in Title 9, Chapter 2 of the Government Code (Section 82030). That definition is attached hereto as Exhibit "C ". -5- . 1444 ggd /COD47740 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 at least two hundred fifty dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000), or whether it was 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 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) Contents of Business Entity Reports. When the designated employee's pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported, the statement shall contain: -6- ggd /COD47740 145 (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 designated employee's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year; (3) Income of a business entity is required to be reported only if the direct, indirect, or beneficial interest of the designated employee and his or her spouse in the business entity aggregates a 10 percent or greater interest. In addition, for purposes of subparagraphs 2 and 3 of this subsection, the disclosure of persons who are clients or customers of a business entity is required only if it is reasonably foreseeable that the client or customer may be materially affected by the decisions of the designated employee. (d) Contents of Business Position Disclosure. When business positions are required to be reported, the 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 entity in which the business is engaged, and the designated employee's position with the business entity. -7- . 146 ggd /COD47740 (e) Acquisition or Disposal During a Calendar Year. If any otherwise reportable investment or 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. SECTION 6. Disqualification. Designated employees shall disqualify themselves from making, partici- pating in the making of, or in any way using their official position to influence a governmental decision when it is reasonably foreseeable that the decision will have a material financial affect distinguishable from its effect on the public generally, on the designated employee, 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; (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 -8- ggd /COD47740 • 147 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 twelve (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 two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the designated employee within twelve (12) months prior to the time when the decision is made. For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, or by a business entity or trust in which the designated employee, the designated employee's agents, spouse, and dependent children own directly, indirectly, or beneficially a ten percent (10 %) interest or greater. No designated employee shall be required to disqualify himself or herself with respect to any matter which could not legally be acted upon or decided without his or her participation. -9- 143 ggd /COD47740 A designated employee required to disqualify himself or herself shall notify the City Manager and the City Clerk in writing, and the City Clerk shall record the person's disqualification. Violations Pursuant to Government Code Section 87300, this Code "shall have the force of law" and any violation of any provision of this Code shall be punishable in accordance with Government Code Sections 91000 to 91015 and include criminal and civil sanctions, as well as discipline within the City's Personnel System. ggd /COD47740 149 SECTION 7. EXHIBIT "A" Designated Employees and Disclosure Categories CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT (A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS) The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated Position Disclosure Categories Administrative Analyst, Public Works 1 Assistant City Attorney 1 Assistant City Engineer 1 Assistant City Manager 1 Assistant to the Director of Recreation and Parks 1 Associate Planner 1 Building Official 1 Chief of Police 1 City Clerk 1 A -1 10 ggd /COD47740 Consultant* 1 Deputy City Attorney 1 Director of Public Works /City Engineer 1 Director of Recreation and Parks 1 Executive Coordinator /Deputy City Clerk 1 Exempt Officials ** 2 Finance Operations Manager 1 Members of all City Commissions, Boards, and Committees Not Otherwise Required to File Conflict of Interest Statements 1 Personnel Analyst 1 * Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager /Executive Director may deter- mine in writing that a particular consultant, although a "designated position," is hired to per- form a range of duties that is limited in scope and thus is not required to fully comply with the dis- closure requirements described in this Section. Such written determination shall include a descrip- tion of the consultants' duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's /Executive Officer's determination is a public record and shall be retained for public inspection by the City Clerk in the same manner and location as this Conflict of Interest Code. ** The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, City Treasurer, and Finance Director are all required to file disclosure statements pursuant to state law and thus are not included herein. A -2 ggd /COD47740 Personnel Director 1 Planning Director 1 Police Administrative Sergeant 1 Police Lieutenant 1 Police Captain 1 Public Works Superintendent 1 Purchasing Officer 1 Recreation Services Manager 1 Risk Management Analyst 1 131 152 ggd /COD47740 SECTION 8. EXHIBIT "B" Categories of Reportable Economic Interests Designated Persons in Category "1" Must Report: All investments, interests in real property, income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. These financial interests are reportable only if located within and subject to the jurisdiction of the City, or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of the City at any time during the two years prior to the filing of the statement. Designated Persons in Category "2" Must Report: (a) All investments in real property located within or subject to the jurisdiction of the City. (b) Investments in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. (c) Income from any source which within the last two years has contracted or in the future foreseeably may contract with the City. B -1 ggd /COD47740 (d) His or her status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. Designated persons in Category "3" must report: (a) Investments and business positions in, and income from business entities located in, doing business in, or planning to do business in the redevelopment project area and all interests in real property located within two miles of the redevelopment project area. 153 154 ggd /COD47740 EXHIBIT "C" 82030. Income. (a) "Income" means, except as provided in subdivision (b), a payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a 10- percent interest or greater. "Income," other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the jurisdiction, or not having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. (b) "Income" also does not include: (1) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100). (2) Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic, or charitable organization. (3) Any devise or inheritance. (4) 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. (5) Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government or a commodity future registered with the Commodity Futures C -1 ggd /COD47740 15i Trading Commission of the United States Government, except proceeds from the sale of these securities and commodities futures. (6) Redemption of a mutual fund. (7) Alimony or child support payments. (8) Any loan or loans from a commercial lending institution which are made in the lender's regular course of business on terms available to members of the public without regard to official status if: (A) Used to purchase, refinance the purchase of, or for improvements to, the principal residence of filer; or (B) The balance owed does not exceed ten thousand dollars ($10,000). (9) Any loan from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in -law, brother -in -law, sister -in -law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan from any such person shall be considered income if the lender is acting as an agent or intermediary for any person not covered by this paragraph. (10) Any indebtedness created as part of a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, so long as the balance owed to the creditor does not exceed ten thousand dollars ($10,000). (11) Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a). (12) Proceeds from the sale of securities registered with the Securities and Exchange Commission of the United States Government or from the sale of commodities futures registered with the Commodity Futures Trading Commission of the United States Government if the filer sells the securities or the commodities futures on a stock or commodities exchange and does not know or have reason to know the identity of the purchaser. C -2