CC - Item 3F - Resolution Establishing the Successor Agency as a Separate Legal Entity and Resolution Adopting a Conflict of Interest CodeROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS AND
SUCCESSOR AGENCY BOARD
FROM: JEFF ALLRED, CITY MANAGER
DATE: OCTOBER 9, 2012
SUBJECT: RESOLUTION ESTABLISHING THE SUCCESSOR AGENCY AS A
SEPARATE LEGAL ENTITY AND RESOLUTION ADOPTING A
CONFLICT OF INTEREST CODE RELATED TO THE SUCCESSOR
AGENCY AND OVERSIGHT BOARD.
SUMMARY
Adoption of Resolutions pursuant to AB1484 which amended AB26 regulating the
redevelopment dissolution process.
RECOMMENDED ACTION
That the City Council adopt "A Resolution Organizing and Designating the Performance
of Certain Administrative Duties of the Successor Agency to the Rosemead Community
Development Commission and Authorizing the City Clerk to File a Statement of
Organization of Such Successor Agency with the Secretary of State and the County
Clerk of Los Angeles County."
City Council adopt a resolution adopting a Conflict of Interest code for the Successor
Entity and Oversight Board.
BACKGROUND
As we are all aware, on June 29, 2011, as part of adopting the State of California Fiscal
Year 2011 -12 budget, the Governor signed two trailer bills: Assembly Bill 1 X 26
(Dissolution Act) and Assembly Bill 1X 27 (Voluntary Alternative Redevelopment
Program) into law. The Dissolution Act eliminated Redevelopment Agencies and ordered
Successor Agencies to wind down the activities of the Redevelopment Agency. The
Voluntary Alternative Redevelopment Program would have provided an opportunity for
cities to voluntarily opt -in to a new statutory payment scheme that would have allowed
Redevelopment Agencies to continue to operate and function.
ITEM NO.
City Council Meeting
October 9, 2012
Pace 2 of 2
The adoption of these two bills was challenged in the California Supreme Court by the
California Redevelopment Association and the League of California Cities. Ultimately it
was determined the Dissolution Act was in fact constitutional and was upheld, but the
Voluntary Alternative Redevelopment Program was not and the ability for Redevelopment
Agencies to continue to exist was removed. Therefore, all Redevelopment Agencies in
the state were effectively dissolved on February 1, 2012, and Successor Agencies were
established to manage the wind down process.
As part of the implementation of the Dissolution Act, the City of Rosemead elected to
become the Successor Agency to ensure the wind down process was handled in the
most efficient manner with the interests of the residents of Rosemead in mind.
On June 27, 2012, Assembly Bill 1484 was signed into law which, among other
substantial changes to the dissolution of redevelopment, made a clarification to the legal
status of the Successor Agency. Health and Safety Code Section 34173(g) was modified
to clarify the Successor Agency is a separate legal entity from the City. The attached
resolution acknowledges this change in the law and establishes the City Council as the
governing body of the Successor Agency.
Additionally, in compliance with Section 87300 of the Government Code, the City Council
as the Code reviewing body for the Successor Agency and Oversight Board, is required
to adopt a Conflict of Interest code.
FISCAL IMPACT
None as a result of this item. City Clerk time to implement the Resolutions will be tracked
and accounted for in the Administrative Budget of the Successor Entity.
ATTACHMENTS
Resolution - Successor Agency Establishment
Resolution - Conflict of Interest Code
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Rachel Richman
City Attorney
RESOLUTION NO. 2012 -62
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ORGANIZING AND DESIGNATING THE PERFORMANCE OF CERTAIN
ADMINISTRATIVE DUTIES OF THE SUCCESSOR AGENCY TO THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION, AND
AUTHORIZING THE CITY CLERK TO FILE A STATEMENT OF
ORGANIZATION OF SUCH SUCCESSOR AGENCY WITH THE
SECRETARY OF STATE AND THE COUNTY CLERK OF LOS ANGELES
COUNTY
WHEREAS, the Successor Agency to the Rosemead Community Development
Commission of the City of Rosemead was established pursuant to Section 34171 Q) of
the Health and Safety Code (the "Successor Agency "); and
WHEREAS, the City Council of the City of Rosemead ( "City Council ") is the
governing body of the Successor Agency; and
WHEREAS, it is necessary to organize and establish the performance of certain
duties of the Successor Agency in order for the Successor Agency to conduct its
business;
WHEREAS, Government Code Section 53051 requires the filing of a statement
of organization with the Secretary of State and the county clerk of the county within
which a governmental entity is located following organization of such entity;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
DOES HEREBY RESOLVE AS FOLLOWS:
1. The Mayor or his or her designee, is hereby authorized to sign all
documents necessary to carry out the business of the Successor Agency.
2. The City Clerk of the City of Rosemead shall serve as the secretary of the
Successor Agency and is hereby authorized and directed to perform such secretarial
tasks and duties as directed by the Successor Agency and to file information
concerning the Successor Agency with the Secretary of State and the County Clerk of
Los Angeles County, as set forth in the "Statement of Facts," attached hereto and
incorporated herein as Exhibit A .
[A #4813-9457-7937 V1 1
PASSED AND ADOPTED this 9th day of October, 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROSEMEAD
Sandra Armenta, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Rachel Richman, City Attorney
LA #4813.9457 -7937 v1 2
EXHIBIT A
STATEMENT OF FACT
State of California
t 4 Secretary of State
STATEMENT OF FACTS
ROSTER OF PUBLIC AGENCIES FILING
(Government Code section 53051)
Instructions:
1. Complete and mail lo: Secretary of State,
P.O. Box 942877, Sacramento, CA 94277 -0001 (916) 653 -3984
2. A street address must be given as the official mailing address or as
the address of the presiding officer.
3 Complete addresses as required.
(Otri� Uee Only)
4. If you need additional space, attach information on an 8 X 11" page, one sided and legible.
New Filing ❑ Update
Legal name of Public Agency:
Nature Update.
of
County:
Official Mailing Address:
Name and Address of each member of the governing board:
Chairman, President or other Presiding
Officer (Indicate Title):
Name:
Address:
Secretary or Clerk (Indicate Title).
Name.
Address:
Members.
Name:
Address:
Name:
Address.
Name:
Address:
Name:
Address:
Name:
Address:
RETURN ACKNOWLEDGMENT TO. (Type or Print)
F
Date
NAME
ADDRESS Signature
CITY /STATEIZip L
Typed Name and Title
SECSTATE NFISF4M IFEV. OW11)
IA #4813- 9457 -7937 vl
RESOLUTION NO. 2012 -63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, AS THE CODE REVIEWING BODY
PURSUANT TO THE CALIFORNIA POLITICAL REFORM
ACT, APPROVING THE CONFLICT OF INTEREST CODE
FOR THE SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF
ROSEMEAD AND THE OVERSIGHT BOARD TO THE
SUCCESSOR ENTITY
WHEREAS, the Political Reform Act, Government Code Section 81000, et seq.,
requires every governmental agency to adopt and promulgate conflict of interest codes;
and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2
California Codes of Regulations Section 18730, which contains the terms of a standard
conflict of interest code; and
WHEREAS, such standard terms can be incorporated by reference and may be
amended by the Fair Political Practices Commission after public notice and hearings to
conform to amendments in the Political Reform Act; and
WHEREAS, pursuant to Government Code Section 82011(c), the City Council is
the code reviewing body charged with reviewing and approving the conflict of interest
code for the City of Rosemead as Successor Agency to the Rosemead Community
Development Commission ( "Successor Agency ") and the Oversight Board to the
Successor Agency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rosemead as follows:
SECTION 1. Conflict of Interest Code Adopted. Section 18730 of Title 2 of
California Code of Regulations or as the section may later be amended, attached as
Exhibit "A" to this resolution, along with Exhibit "B" (Designated Positions for Successor
Agency), Exhibit "C" (Designated Positions for Oversight Board) and Exhibit "D"
(Disclosure Categories), attached hereto and incorporated herein by reference, are
adopted as the Conflict of Interest Codes for the Successor Agency and Oversight
Board.
SECTION 2. Statement of Economic Interests. Positions designated in Exhibit
"B" and Exhibit "C" shall file statements of economic interests (Form 700) with the City
Clerk. The City Clerk shall retain a copy of all statements of economic interests and
make them available for public inspection and reproduction in accordance with
Government Code Section 81008.
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SECTION 3. Maintenance of Conflict of Interest Code. The City Clerk shall
maintain at all times one copy of the Successor Agency and Oversight Board's Conflict
of Interest Code for examination by the public and shall cause the filing of such code in
the manner required by law.
PASSED, APPROVED, AND ADOPTED this 9 1h day of October, 2012.
Sandra Armenta, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution No. as duly adopted by the City Council of the City of
Rosemead at a regular meeting thereof, held on the th day of 2012, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Gloria Molleda, City Clerk
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EXHIBIT "A"
Section 18730 of Title 2 of California Code of
Regulations
Exhibit A
REGULATIONS OF THE FAIR POLITICAL PRACTICES COMMISSION, TITLE 2,
DIVISION 6, OF THE CALIFORNIA CODE OF REGULATION
§18730. Provision of Conflict of Interest Code
(a) Incorporation by reference of the terms of this regulation along with the designation
of employees and the formulation of disclosure categories in the Appendix referred to
below constitute the adoption and promulgation of a conflict -of- interest code within the
meaning of Section 87300 or the amendment of a conflict -of- interest code within the
meaning of Section 87306 if the terms of this regulation are substituted for terms of a
conflict -of- interest code already in effect. A code so amended or adopted and
promulgated requires the reporting of reportable items in a manner substantially
equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act,
Sections 81000, et seq. The requirements of a conflict -of- interest code are in addition to
other requirements of the Political Reform Act, such as the general prohibition against
conflicts of interest contained in Section 87100, and to other state or local laws
pertaining to conflicts of interest.
(b) The terms of a conflict -of- interest code amended or adopted and promulgated
pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair
political Practices Commission (Regulations 18110, et seq.), and any amendments
to the Act or regulations, are incorporated by reference into this conflict -of- interest
code.
(2) Section 2. Designated Employees.
The persons holding positions listed in the Appendix 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 economic interests.
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated
employees who are also specified in 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 economic interests pursuant to article 2 of chapter 7 of the Political
Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated
employees who are designated in a conflict -of- interest code for another agency, if ali
of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included
within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that
required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and
(C) The filing officer is the same for both agencies. 1
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
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Appendix specify which kinds of economic interests are reportable. Such a
designated employee shall disclose in his or her statement of economic interests
those economic 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 economic interests set forth in a designated employee's
disclosure categories are the kinds of economic interests which he or she
foreseeably can affect materially through the conduct of his or her office.
(4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to
file statements of economic interests with the agency or with the code reviewing
body, as provided by the code reviewing body in the agency's conflict -of- interest
code. 2
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the
effective date of this code, as originally adopted, promulgated and approved by the
code reviewing body, shall file statements within 30 days after the effective date of
this code. Thereafter, each person already in a position when it is designated by an
amendment to this code shall file an initial statement within 30 days after the
effective date of the amendment.
(8) Assuming Office Statements. All persons assuming designated positions after
the effective date of this code shall file statements within 30 days after assuming the
designated positions, or if subject to State Senate confirmation, 30 days after being
nominated or appointed.
(C) Annual Statements. All designated employees shall file 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.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the
date of notice provided by the filing officer to file an assuming office statement, is not
deemed to have assumed office or left office, provided he or she did not make or
participate in the making of, or use his or her position to influence any decision and did
not receive or become entitled to receive any form of payment as a result of his or her
appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the
filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of
perjury that during the period between appointment and resignation he or she did
not make, participate in the making, or use the position to influence any decision
of the agency or receive, or become entitled to receive, any form of payment by
virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements.
M
Initial statements shall disclose any reportable investments, interests in real property
and business positions held on the effective date of the code 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 or, if subject
to State Senate confirmation or appointment, on the date of nomination, and income
received during the 12 months prior to the date of assuming office or the date of
being appointed or nominated, 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 code or the date of assuming office whichever is later, or for a board or
commission member subject to Section 87302.6, the day after the closing date of the
most recent statement filed by the member pursuant to Regulation 18754.
(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.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair
Political Practices Commission and supplied by the agency, and shall contain the
following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property 3 is required to be reported,4 the
statement shall contain the following:
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 $2,000, exceeds $10,000, exceeds $100,000, or exceeds
$1,000,000.
(B) Personal Income Disclosure. When personal income is required to be reported,5
the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value,
or $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 $1,000 or less, greater than
$1,000, greater than $10,000, or greater than $100,000;
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 of the gift; and the date on which the gift was received;
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5. In the case of a loan, the annual interest rate and the security, if any, given for the
loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including
income of a sole proprietorship, is required to be reported,6 the statement shall
contain:
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
filer's pro rata share of gross receipts from such person was equal to or greater than
$10,000.
(D) Business Position Disclosure. When business positions are required to be
reported, a 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 activity in
which the business entity is engaged, and the designated employee's position with
the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or
leaving office statement, if an investment or an 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.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a
state or local government agency, shall accept any honorarium from any source, if
the member or employee would be required to report the receipt of income or gifts
from that source on his or her statement of economic interests. This section shall not
apply to any part-time member of the governing board of any public institution of
higher education, unless the member is also an elected official.
Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this
section.
This section shall not limit or prohibit payments, advances, or reimbursements for
travel and related lodging and subsistence authorized by Section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $420.
(A) No member of a state board or commission, and no designated employee of a
state or local government agency, shall accept gifts with a total value of more than
$420 in a calendar year from any single source, if the member or employee would
be required to report the receipt of income or gifts from that source on his or her
statement of economic interests. This section shall not apply to any part-time
member of the governing board of any public institution of higher education, unless
the member is also an elected official.
Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this
section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of
his or her election to office through the date that he or she vacates office, receive a
personal loan from any officer, employee, member, or consultant of the state or local
M
government agency in which the elected officer holds office or over which the
elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution
shall, while he or she holds office, receive a personal loan from any officer,
employee, member, or consultant of the state or local government agency in which
the public official holds office or over which the public official's agency has direction
and control. This subdivision shall not apply to loans made to a public official whose
duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of
his or her election to office through the date that he or she vacates office, receive a
personal loan from any person who has a contract with the state or local government
agency to which that elected officer has been elected or over which that elected
officer's agency has direction and control. This subdivision shall not apply to loans
made by banks or other financial institutions or to any indebtedness created as part
of a retail installment or credit card transaction, if the loan is made or the
indebtedness created in the lender's regular course of business on terms available
to members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution
shall, while he or she holds office, receive a personal loan from any person who has
a contract with the state or local government agency to which that elected officer has
been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions
or to any indebtedness created as part of a retail installment or credit card
transaction, if the loan is made or the indebtedness created in the lender's regular
course of business on terms available to members of the public without regard to the
elected officer's official status. This subdivision shall not apply to loans made to a
public official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective
office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild,
brother, sister, parent -in -law, brother -in -law, sister -in -law, nephew, niece, aunt, uncle, or
first cousin, or the spouse of any such persons, provided that the person making the
loan is not acting as an agent or intermediary for any person not otherwise exempted
under this section.
3. Loans from a person which, in the aggregate, do not exceed five hundred dollars
($500) at any given time.
4. Loans made, or offered in writing, before January 1, 1998.
(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local
government agency shall, from the date of his or her election to office through the
date he or she vacates office, receive a personal loan of $500 or more, except when
the loan is in writing and clearly states the terms of the loan, including the parties to
the loan agreement, date of the loan, amount of the loan, term of the loan, date or
0
dates when payments shall be due on the loan and the amount of the payments, and
the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent,
grandchild, brother, sister, parent -in -law, brother -in -law, sister -in -law, nephew, niece,
aunt, uncle, or first cousin, or the spouse of any such person, provided that the person
making the loan is not acting as an agent or intermediary for any person not otherwise
exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title
9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any
designated employee shall become a gift to the designated employee for the
purposes of this section in the following circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of limitations
for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed
from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to
less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for
elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which
the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which
the creditor, based on reasonable business considerations, has not undertaken
collection action. Except in a criminal action, a creditor who claims that a loan is not a
gift on the basis of this paragraph has the burden of proving that the decision for not
taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately
discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title
9 of the Government Code.
(9) Section 9. 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:
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(A) Any business entity in which the designated employee has a direct or indirect
investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect
interest worth $2,000 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 $500 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 $420 or more provided to, received by, or promised to the designated
employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. 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.
(9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative
official shall make, participate in making, or use his or her official position to influence
any governmental decision directly relating to any contract where the state
administrative official knows or has reason to know that any party to the contract is a
person with whom the state administrative official, or any member of his or her
immediate family has, within 12 months prior to the time when the official action is to be
taken:
(A) Engaged in a business transaction or transactions on terms not available to
members of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to
members of the public regarding the rendering of goods or services totaling in value
$1,000 or more.
(10) Section 10. Disclosure of Disqualifying Interest.
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 may be accompanied by disclosure of the disqualifying interest.
(11) Section 11. 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 Section
83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency,
provided that nothing in this section requires the attorney for the agency to issue any
formal or informal opinion.
(12) Section 12. Violations.
This code 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
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Political Reform Act, Sections 81000- 91014. In addition, a decision in relation to which a
violation of the disqualification provisions of this code or of Section 87100 or 87450 has
occurred may be set aside as void pursuant to Section 91003.
1 Designated employees who are required to file statements of economic interests
under any other agency's conflict -of- interest code, or under article 2 for a different
jurisdiction, may expand their statement of economic interests to cover reportable
interests in both jurisdictions, and file copies of this expanded statement with both
entities in lieu of filing separate and distinct statements, provided that each copy of such
expanded statement filed in place of an original is signed and verified by the designated
employee as if it were an original. See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons
in agencies who make and retain copies of statements and forward the originals to the
filing officer.
3 For the purpose of disclosure only (not disqualification), an interest in real property
does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than
$2,000 are not investments and interests in real property within the meaning of the
Political Reform Act. However, investments or interests in real property of an individual
include those held by the individual's spouse and dependent children as well as a pro
rata share of any investment or interest in real property of any business entity or trust in
which the individual, spouse and dependent children own, in the aggregate, a direct,
indirect or beneficial interest of 10 percent or greater.
5 A designated employee's income includes his or her community property interest in
the income of his or her spouse but does not include salary or reimbursement for
expenses received from a state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of
the filer and the filer's spouse in the business entity aggregates a 10 percent or greater
interest. In addition, the disclosure of persons who are clients or customers of a
business entity is required only if the clients or customers are within one of the
disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e),
87300 - 87302, 89501, 89502 and 89503, Government Code.
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EXHIBIT "B"
DESIGNATED POSITIONS FOR SUCCESSOR
AGENCY
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DESIGNATED POSITIONS
DISCLOSURE CATEGORY
BoardMembers ................................................................................. ..............................1
ExecutiveDirector .............................................................................. ..............................1
GeneralCounsel ................................................................................ ..............................1
Above is a list of Successor Agency positions required to submit Statements of
Economic Interests (Form 700) pursuant to the Political Reform Act.
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EXHIBIT " C "
DESIGNATED POSITIONS FOR OVERSIGHT
BOARD
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DESIGNATED POSITIONS
DISCLOSURE CATEGORY
OversightBoard Member ................................................................... ..............................1
Consultants* ........................................................................... .............................2, 3, 4, 5
* To be determined pursuant to provisions of California Code of Regulations.
Above is a list of Oversight Board positions required to submit Statements of Economic
Interests (Form 700) pursuant to the Political Reform Act.
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EXHIBIT "D"
DISCLOSURE CATEGORIES
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business
entities, sources of income, and real property which designated positions must disclose
for each disclosure category to which he or she is assigned.
Category 1 : All investments, interests in real property and income as defined in the
PRA and as limited herein, and management positions in any business entity (including
non - profit corporations and unincorporated associations) in which the person is a
director, officer, partner, trustee, employee, or holds any position of management or is a
paid consultant. Form 700, Schedules A through F.
Category 2 : Only investments as set forth in Category 1, Form 700, Schedule A.
Category 3 : Only interests in real property as set forth in Category 1, Form 700,
Schedule B.
Category 4 : Only income as set forth in Category 1. Form 700, Schedules C, D, E and
F.
Category 5 : Only management positions as set forth in Category 1. Form 700,
Schedules B, C and D.
M