HomeMy WebLinkAboutMINUTES - 12052006 - C.139 i
TO: Board of Supervisors
p _ CONTRA
i
FROM: Silvano B. Marchesi, County Counsel �' �:
COSTA
By: Mary Ann McNett Mason, Deputy County Counsel 'a- - COUNTY
°s
DATE: November 20, 2006
SUBJECT: Conflict of Interest Code Amendment of the Ironhouse Sanitary District
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
Approve amendments to the Ironhouse Sanitary District Conflict of Interest Code to substitute the attached as
said code, as shown on the attached Resolution from the District.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Ironhouse Sanitary District has amended its code and submitted the amended code to the Board for
approval pursuant to Government Code section 87306 and 87306.5.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD
COMMITTEE
APPROVE — OTHER
SIGNATURE(S):
ACT ON OF BOARD ON Dom' 5. Zp APPROVED AS RECOMMENDED
OTHER
VOTE OF SUPERVISORS:
I HEREBY CERTIFY THAT THIS IS A
V UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON THE MINUTES OF THE BOARD OF
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t C&Lt: biSjlefC:? SUPERVISORS ON THE DATE
SHOWN.
ATTESTED:�b ecanter '6 20C&
JOHN CULLEN, CLERK OF
THE BOARD OF SUPERVISORS
Contact: County Counsel AND COUNTY ADMINISTRATOR
cc: Clerk, Board of Supervisors ,� ) ±Nt_�
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Cynthia Bauer, Ironhouse Sanitary District By: `� )
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RESOLUTION 06-23
A RESOLUTION ADOPTING A CONFLICT OF INTEREST CODE
WHEREAS, the District as a local agency is required to adopt a Conflict of
Interest Code (Code) by the Political Reform Act, Government Code Sections 81,000 et
seq., and to update such Code every two years.
WHEREAS, the Fair -Political Practices Commission (FPPC) has adopted a
regulation (2 Cal.Code Regs. § 18730) (the "Regulation") which contains the terms of a
standard conflict of interest code which can be incorporated by reference in a local
agency's code, and which is updated by the FPPC by duly adopted amendments.
NOW,THEREFORE, BE IT RESOLVED, by the Board of Directors of the
Ironhouse Sanitary District, Contra Costa County, California that the attached Conflict of
Interest Code, including the FPPC's Regulation,be and the same hereby is adopted as the
Conflict of Interest Code of this District, and that such attached Code supersede and
replace the District's previous Conflict of Interest Code, all effective as of September 30,
2006. .
I hereby certify that the foregoing is a full, true and correct copy of a resolution
duly passed and adopted by the Sanitary Board of the Ironhouse Sanitary District at a
meeting thereof held on the 3d day of October, 2006.
AYES, and in favor thereof, Members: L. Byer, D. Hardcastle, C. Lauritzen,
D. Lew, and M. Painter
NOES, Members: none
ABSENT, Members: none
Secretary
(SEAL)
ATTEST:
P• ident
1
1R00-01.32..060925
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i
CONFLICT OF INTEREST CODE FOR
IRONHOUSE SANITARY DISTRICT
The Political Reform Act(Government Code Section 81000, et seq.)requires state and
local government agencies to adopt and promulgate conflict of interest codes. The Fair
Political Practices Commission has adopted a regulation(2 Cal.Code Regs. § 18730)which
contains the terms of a standard conflict of interest code which can be incorporated by
reference in the agency's code. After public notice and hearing it may be amended by the Fair
Political Practices Commission to conform to amendments in the Political Reform Act.
Therefore,the terms of 2 California Code of Regulations Section 18730 and any future
amendments to it duly adopted by the Fair Political Practices Commission are hereby
incorporated by reference. Such regulation, and the attached Appendix designating officials
and employees and establishing disclosure categories, shall constitute the conflict of interest
code of Ironhouse Sanitary District.
The designated officials and employees shall file statements of economic interests with
the Ironhouse Sanitary District, which will make the statements available for public inspection
and reproduction. (Gov't Code § 81008). The original statements shall be forwarded to the
Clerk of the Board of Supervisors for Contra Costa County. Copies of the statements for all
designated officials and employees will be retained by Ironhouse Sanitary District.
In addition to any other requirements of 2 California Code of Regulations Section
18730 and any amendments thereto, a candidate for the Board of Directors of Ironhouse
Sanitary District shall file,no later than the final filing date of a declaration of candidacy, a
statement of economic interests, as specified in the attached Appendix.
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IR00-01.32.02G
APPENDIX
List of Designated Positions Assigned Disclosure Categories
Directors 1
Candidates for Election as Directors 1
General Manager 1
General Counsel 1
Consultants* 1
District Secretary 2
Treasurer 2
Board Clerk 2
Operations and Maintenance Superintendent 2
Administrative Services Manager 2
District Engineer 2
Maintenance Supervisor 3
Ranch, Levee and Reclamation Superintendent 4
Levee Operations Supervisor 4
* The General 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 described 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 the disclosure requirements. The General Manager'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.
Disclosure Categories:
Category 1. Individuals in Category 1 shall disclose:
• All interests in real property located in part or in whole within the boundaries of
Ironhouse Sanitary District, within two miles thereof, or within two miles of land
owned or used by the District; and
• All investments, business positions and sources of income (including gifts, loans, and
travel payments) located or doing business in the jurisdiction of Ironhouse Sanitary
District. A business entity is"located or doing business in the jurisdiction of Ironhouse
Sanitary District" if the business entity is doing business or plans to do business within
the boundaries of the District, or if the business entity owned or leased any facilities
within the boundaries of the District, or has done business within the boundaries of the
District, at any time during the two years prior to the time that the disclosure statement
of the designated office/employee is filed.
Category 2. Individuals in Category 2 shall disclose:
All investments,business positions and sources of income(including gifts, loans, and
travel payments) that provide leased facilities, goods, equipment,vehicles, machinery,
livestock, construction services or other services, including training or consulting services, of
the type utilized by fronhouse Sanitary District.
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Category 3. Individuals in Category 3 shall disclose:
All investments, business positions and sources of income(including gifts, loans, and travel
payments)that provide leased facilities, goods, equipment, vehicles, machinery, or services,
including training or consulting services, of the type utilized by the Operations and
Maintenance Department or the Engineering Department of Ironhouse Sanitary District.
Category 4. Individuals in Category 4 shall disclose:
All investments, business positions and sources of income (including gifts, loans, and travel
payments)that provide leased facilities, goods, equipment, vehicles, machinery, livestock,or
services, including training or consulting services, of the type utilized by the Ranch,Levee and
Reclamation Department of Ironhouse Sanitary District.
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Regulations of the Fair Political Practices Commission
TITLE 2, DIVISION 6,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.
(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 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 economic 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
(C)The filing officer is the same for both agencies. '
Such persons are covered by this code for disqualification purposes only. With respect to all other
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designated employees, the disclosure categories set forth in the 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. s
(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.
(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
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.
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(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 Government Code section 87302.6, the day after the closing date of the
most recent statement filed by the member pursuant to 2 Cal. Code Regs. section 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) Investments and Real Property Disclosure.
When an investment or an interest in real property'is required to be reported, 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 two thousand dollars($2,000), exceeds ten thousand dollars($10,000), exceeds one hundred
thousand dollars ($100,000), or exceeds one million dollars ($1,000,000).
(B) Personal Income Disclosure.When personal income is required to be reported,$the statement shall
contain:
1. The name and address of each source of income aggregating five hundred dollars($500)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 one thousand dollars($1,000) or less, greater than one
thousand dollars($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred
thousand dollars($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
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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 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 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 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 Government Code 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 Government Code section 89506.
(8.1)Section 8.1 Prohibition on Receipt of Gifts in Excess of$360.
(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 $360 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 Government Code 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 government agency in which the elected officer holds office
or over which the elected officer's agency has direction and control.
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(B) No public official who is exempt from the state civil service system pursuant to subdivisions(c), (d),
(e), (1), 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 five hundred dollars ($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 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
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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 one hundred dollars($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 two
hundred fifty dollars($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:
(A)Any business entity in which the designated employee has a direct or indirect investment worth two
thousand dollars($2,000)or more;
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(B)Any real property in which the designated employee has a direct or indirect interest worth two
thousand dollars($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
five hundred dollars($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$360 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 one thousand dollars($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 Government Code section 83114 and 2 Cal.
Code Regs. sections 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 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
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may be set aside as void pursuant to Government Code section 91003.
NOTE:Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300 87302,
89501, 89502 and 89503, Government Code.
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.
2See 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.
3For the purpose of disclosure only(not disqualification), an interest in real property does not include the
principal residence of the filer.
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.
5A 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.
6lncome 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.
History
1. New section filed 4-2-80 as an emergency; effective upon filing. Certificate of Compliance
included.
2. Amendment of subsection (b)filed 1-9-81; effective 30 days thereafter.
3. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective 30 days thereafter.
4. Amendment of subsection (b)(7)(A)filed 11-10-83; effective 30 days thereafter.
5. Amendment filed 4-13-87; effective 5-13-87.
6. Amendment of subsection (b)filed 10-21-88; effective 11-20-88.
7. Amendment of subsections(b)(8)(A)and(b)(8)(B) and numerous editorial changes filed 8-28-
90; effective 9-27-90.
8. Amendment of subsections(b)(3), (b)(8) and renumbering of following subsections and
amendment of NOTE filed 8-7-92; effective 9-7-92.
9. Amendment filed 2-4-93; effective upon filing.
10. Change without regulatory effect adopting COIC for California Mental Health Planning Council
filed 11-22-93. Approved by FPPC 9-21-93.
11. Change without regulatory effect redesignating COIC for California Mental Health Planning
Council filed 1-4-94.
12. Amendment filed and effective 3-14-95.
13. Amendment filed and effective 10-23-96.
14. Amendment filed and effective 4-9-97.
15. Amendment filed and effective 8-24-98.
16. Amendment filed and effective 5-11-99.
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17. Amendment filed 12-6-2000; effective 1-1-2001.
18. Amendment filed 1-10-2001; effective 2-1-2001.
19. Amendment filed and effective 2-13-2001.
20. Amendment filed 1-16-03; effective 1-01-03.
21. Amendment filed and effective 01-01-05.
22. Amendment filed 10-11-2005; effective 11-10-05.
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