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HomeMy WebLinkAbout359 ORDINANCE NO. 359 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS REGARDING CONFLICTS OF INTEREST WHEREAS, the Town of Los Altos Hills wishes to update and codify its conflict of interest code; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: SECTION 1. AMENDMENT TO CODE. Chapter 6 is hereby added to Title 2 of the Los Altos Hills Municipal Code to read: Sec. 2-6.01 Purpose. Pursuant to the provisions of Government Code Sections 87300, et sea. , the following provisions constitute the Conflict of Interest Code for the Town of Los Altos Hills. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974, as amended (Government Code Section 81000 et sea. ) . The provisions of this Code are additional to Government Code Section 87100 et sec . and other laws pertaining to conflicts of interest. Except as otherwise indicated, the definitions in said Act and regulations adopted pursuant thereto are incorporated herein and this ordinance shall be interpreted in a manner consistent therewith. Sec. 2-6.02 Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18100 et sea. ) , and any amendments J- the -Act or regulations, are incorporated by reference into this ordinance. Sec. 2-6.03 Designated Employees. The persons holding positions listed in the Appendix hereto are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. Sec. 2-6.04 Disclosure Obligations. This ordinance does not establish any additional disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et sea. Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interest those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. Sec. 2-6.05 Statements of Economic, Interests, Place of Filing. All designated employees required to submit a statement of financial interests shall file the original with the City Clerk, who shall retain it. Sec. 2-6.06 Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the Town on the effective date of this ordinance, as originally adopted by the City Council shall file statements within 30 days after the effective date of this ordinance. Thereafter, each person already in a position when it is designated by an amendment to this ordinance shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this ordinance shall file statements within 30 days after assuming the designated positions. (C) Annual Statements. All designated employees shall file annual statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. Sec. 2-6.07 Statements for Persons Who Resign 30 Days After Appointment. Persons who resign within 30 days of initial appointment are not deemed to have assumed office or left office provided they did not make or participate in the making of, or use their position to influence any decision and did not receive or become - 2 - entitled to receive any _form of payment as a result of their appointment. Such persons shall not file either an assuming or leaving office statement. Sec. 2-6.08 Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the ordinance and income received during the 12 months prior to the .effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office and income received during the 12 months prior to the date of assuming office, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the ordinance or the date of assuming office, whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. Sec. 2-6.09 Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the City Clerk and shall contain the information required by the Political Reform Act of 1974 and the regulations .adopted pursuant thereto. Sec. 2-6.10 Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: 3 - (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 without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for' a donor of, a gift or gifts aggregating $250 or more in value provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. Sec. 2-6.11 Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. Sec. 2-6.12 Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the City Manager or City Attorney, this determination and disclosure shall be made in writing to the legislative body; and in the case of other . designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. Sec. 2-6.13 Assistance of the commission and counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 or from the City Attorney, provided that nothing in - 4 - this section requires the attorney for the agency to issue any formal or informal opinion. Sec. 2-6.14 Violations. This ordinance has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act-,- Government Code sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003 . SECTION 2. This ordinance supersedes any previous resolutions of the Town regarding conflicts of interests. SECTION 3. ENVIRONMENTAL REVIEW. The adoption of this ordinance is not a project, under the California Quality Act. SECTION 4. EFFECTIVE DATE; POSTING. This ordinance shall become effective thirty (30) days from the date of its passage, and shall be posted within the Town of Los Altos Hills in three (3) public places. / INTRODUCED: October 21, 1992 PASSED: November 4, 1992 AYES: Mayor Tryon and Counci]members Dauber, ,Johnson, Hubbard and Siegel NOES: None ABSTENTIONS: None ABSENT: None B ayor -- City C1 APPROVED AS TO FORM: 'ty Attorney 5 - M Appendix DESIGNATED EMPLOYEES AND DISCLOSURE OBLIGATIONS DESIGNATED EMPLOYEES LISTED IN GOVERNMENT CODE SECTION 87200: Members of City Council City Manager City Attorney OTHER DESIGNATED EMPLOYEES: Building Official Building Inspector Planning Commissioners Director of Public Works Town Planner City Clerk Consultantsl/ OBLIGATIONS All designated employees listed above must disclose: • Investments • Interests in Real Property. • Interests in Real Property held by a Trust or Business Entity • Investments held by a Trust of Business Entity • Income, including Loans received, Gifts, and Honoraria • Commission Income Received by Brokers, Agents and Salespersons • Income and Loans to Business Entities or Trusts • Income from Rental Property • Interest in Business- Property • Business Positions 1� The City Manager may determine in writing that a particular consultant, although a "designated position, " is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager 's determination is public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 6 P8\PMG\149490EH.N50 _ JI