HomeMy WebLinkAboutRES HA-03RESOLUTION NO. HA-3
A RESOLUTION OF THE PALM DESERT HOUSING
AUTHORITY COMMISSION ADOPTING A CONFLICT OF
INTEREST CODE CONTAINING DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES
THE PALM DESERT HOUSING AUTHORITY COMMISSION HEREBY FINDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The Political Reform Act, Government Code Sections 81000, et. seq.,
requires the Authority to adopt a Conflict of Interest Code.
Section 2. The Fair Political Practices Commission has adopted a standard model
Conflict of Interest Code. The standard model code is codified at 2 California Code of
Regulations Section 18730 and can be incorporated by reference by the Authority as the
Authority's Conflict of Interest Code.
Section 3. The standard model Conflict of Interest Code adopted by the Fair Political
Practices Commission attached hereto as Exhibit A, as amended by the Commission from time to
time, and Appendix A which sets forth the designated positions and the disclosure categories for
each position of the Authority, are hereby adopted and incorporated by reference herein and
shall constitute the Conflict of Interest Code for the Palm Desert Housing Authority.
Section 4. Persons holding designated positions listed on Appendix A shall file
statements of economic interest according to the requirements contained in Appendix A to the
Conflict of Interest Code.
PASSED, APPROVED AND ADOPTED this 22nd day of January, 1998.
AYES: CRITES, FERGUSON, SPIEGEL, BENSON
NOES: NONE
ABSENT: KELLY
ABSTAIN: NONE
Je..► M. Benson, Chairperson
ATT
Sheila T.Z. Gilligan, Secretary,
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APPENDIX A
DESIGNATED POSITIONS AND DISCLOSURE
CATEGORIES FOR THE PALM DESERT HOUSING AUTHORITY
Designated Positions Disclosure Categories
Commissioner of the Authority 1
Executive Director 1
Deputy Executive Director 1
Treasurer 1
Secretary
Authority Counsel
Consultant
2
1
3
pisclosure Categories
1. Persons holding designated positions which are assigned a
disclosure category of "1" above are not required to report under
this Conflict of Interest Code because they hold positions within
the City of Palm Desert which are required to report pursuant to
California Government Code Section 87200. Persons in this
category "1" are, however, subject to the disqualification
provisions of this Code when acting in their official capacity
for the Authority.
2. Persons holding designated positions which are assigned a
disclosure category of "2" above are not required to report under
this Conflict of Interest Code because they .also hold positions
which are already required to disclose and report under the
Conflict of Interest Code of the City of Palm Desert. Persons in
this category "2" are, however, subject to the disqualification
provisions of this Code when acting in their official capacity
for the Authority.
3. For consultants who serve in a staff capacity with the
Authority, the consultant shall disclose based on the disclosure
categories assigned elsewhere in this code for that staff
position.
For consultants who do not serve in a staff capacity, the
following disclosure categories shall be used.
Persons required to disclose in this category shall
disclose pursuant to categories A, B, C and D below
unless the Executive Director determines in writing
that a particular consultant is hired to perform a
range of duties that is limited in scope and thus is
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not required to fully comply with the disclosure
requirements in categories A, B, C and D. 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 Executive Director's determination is a public
record and shall be retained for public inspection in
the same manner and location as this conflict of
interest code.
A. Reportable interests in real property in the
jurisdiction. (FPPC Form 700, Schedule B).
B. Reportable income. (FPPC Form 700, Schedules C, D, E,
F) .
C. Reportable investments. (FPPC Form 700, Schedules A-1
and A-2).
D. Reportable business positions. (FPPC Form 700,
Schedule C).
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EXHIBIT A
(Regulations of the Fair Political Practices Commission, Title 2,
Division 6 of the California Code of Regulations)
18730. Provisions of Conflict of Interest Codes.
(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 Government Code Section 87300
or the amendment of a conflict of interest code within the meaning
of Government Code 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, Government Code 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
Government Code 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 (2 Cal. Code of Regs. Sections
18100, et seq.), and any amendments to the Act or regulations, are
incorporated by reference into this conflict of interest code.
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(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 financial interests.
(3) Section 3. Disclosure Categories. This code does
not establish any 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 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 all 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, Government Code Section 87200; and
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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
Appendix specify which kinds of financial interests are
reportable. Such a designated employee shall disclose in his or
her statement of economic interests 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.
(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
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 Government
Code Section 81004.
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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 effectivedate 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.
(B) 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
2 See Government Code Section 81010 and 2 Cal. Code of Regs.
Section 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.
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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. 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,
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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.
(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) Investments and Real Property Disclosure. When an
investment or an interest in real property3 is required to be
3 For the purpose of disclosure only (not disqualification), an
interest in real property does not include the principal residence
of the filer.
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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 exceeds one thousand
dollars ($1,000), exceeds ten thousand dollars ($10,000), or
exceeds one hundred thousand dollars ($100,000).
(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 two hundred fifty dollars ($250) or more in value or
fifty dollars ($50) or more in value if the income was a gift, and
4 Investments and interests in real property which have a fair
market value of less than $1,000 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.
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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 one thousand dollars ($1,000) or less,
greater than one thousand dollars ($1,000), or 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
of the gift; 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) 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
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.
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receipts from such person was equal to or greater than ten
thousand dollars ($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 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 (b), (c), (d), and (e) of Government Code
Section 89502 shall apply to the prohibitions in this section.
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(B) No member of the governing board of a special
district or designated employee of a local government agency shall
accept any honorarium.
Subdivisions (b), (c), and (e) of Government Code
Section 89502 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 Government Code Section 89506.
(8.1) Section 8.1 Prohibition on Receipt of Gifts of
$280 or More.
(A) No member of a state board or commission, and no
designated employee of a state agency, shall accept gifts with a
total value of more than two hundred eighty dollars ($280) 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 (b) , (c) , (d) , and (e) of Government Code
Section 89504 shall apply to the prohibitions in this section.
(B) No member of the governing board of a special
district, or designated employee of a local government agency
shall accept any gifts with a total value of more than two hundred
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eighty dollars ($280) in a calendar year from any single source.
Subdivision (d) of Government Code Section 89504 shall
apply to this section.
(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:
(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
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(E) Any donor of, or any intermediary or agent for a
donor of, a gift or gifts aggregating two hundred and eighty
dollars ($280) 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.
(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
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rendering of goods or services totaling in value one thousand
dollars ($1,000) or more.
(10) Section 10. 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 head of an agency, this determination and
disclosure shall be made in writing to his or her appointing
authority; and in the case of other designated employees, this
determination and disclosure shall be made in writing to the
designated employee's supervisor.
(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 Government Code Section
83114 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 Political Reform Act, Government Code
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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.
Note: Authority: Section 83112, Gov. Code
Reference: Sections 87300-87302, 89501, 89502, 89503,
and 89504, Gov. Code
History
(1) New section filed 4-2-80 as an emergency; effective upon
filing. Certificate of Compliance included.
(2) Editorial correction.
(3) Amendment of subsection (b) filed 1-9-81; effective thirtieth
day thereafter.
(4) Amendment of subsection (b) (7) (B) 1. filed 1-26-83; effective
thirtieth day thereafter.
(5) Amendment of subsection (b)(7)(A) filed 11-10-83; effective
thirtieth day thereafter.
(6) Amendment filed 4-13-87; effective thirtieth day thereafter.
(7) Amendment of subsection (b) filed 10-21-88; effective
thirtieth day thereafter.
(8) Amendment filed 8-28-90; effective thirtieth day thereafter.
(9) Amendment filed 8-7-92; effective thirtieth day thereafter.
(10) Amendment filed 2-5-93; effective upon filing.
(11) Amendment filed 3-14-95; effective upon filing.
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