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HomeMy WebLinkAboutReso - CC - 083-1977RESOLUTION NO. 83- 77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING CONFLICT OF INTEREST CODE The CITY COUNCIL of the City of Burlingame hereby RESOLVES: 1. The Conflict of Interest Code of the agencies of the City of Burlingame attached hereto is approved. 2. The City agencies as described in EXHIBIT A, and each of the persons filling the designated positions set forth in EXHIBIT A, shall comply with the provisions of the Conflict of Interest Code of the agency. 3. The persons sitting on the Planning Commission and Library Board shall also comply with the Conflict of Interest Code. 4. The Conflict of Interest Code hereinabove adopted is to be effective as of October 1 , 1977, and each person required to file a disclosure statement shall do so on or before November 1 , 1977. ric'yam —� Mayor I, EVELYN H. HILL, City Clerk of the City of Burlingame, do hereby certify that the above Resolution was duly and regularly passed and adopted at a meeting of the City Council on the 19th day of Semtembe,r1977, by the following vote: AYES: COUNCILMEN: AMSTRUP,CROSBYrHARRISON, NIPNGINI,rARTIN NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE I further certify that the foregoing copy of said Resolution is a true and correct copy of the original of said Resolution which is on file in the office of the City Clerk, 501 Primrose Road, Burlingame, California. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said city on the 19thday of 4antamhar , 1977. 4/29/77 6/24/77 fir:• � City Clerk Res. J'3 - 77 CONFLICT OF INTEREST CODE OF AN AGENCY OF THE CITY OF BURLINGAME SECTION 1. Purpose. Pursuant to the provisions of Government Code Section 87300, the agencies of the City of Burlingame described in EXHIBIT A attached hereto hereby adopt the following Conflict of Interest Code. Nothing contained herein is intended to modify or abridge the provisions of the Politi- cal Reform Act of 1974 (Government Code Section 81000). The provisions of this Code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interest. Except as otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are incorporated herein, and this Code shall be interpreted in a manner consistent therewith. SECTION 2. Designated Positions. The positions listed on EXHIBIT A are designated positions. Officers and employees holding those positions are designated employees and are deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or more of the disclosure categories set forth on EXHIBIT B. Each designated employee shall file an annual statement disclosing that employee's interest in investments, real property and income, designated as reportable under the category to which the employee's position is assigned on EXHIBIT B. SECTION 4. Place and Time of Filing. (a) All designated employees required to submit a statement of financial interests shall file the original with the City Clerk of the City of Burlingame. (b) A designated employee required to submit a statement of financial interest shall submit an initial statement within 30 days after the effective date of this Code. -1- (c) Employees appointed, promoted or transferred to designated positions shall file initial statements within 30 days after the effective date of the appointment, promotion or transfer (d) Annual statements shall be filed during the month of February by all designated employees. Such statements shall cover the period of the preceding calendar year. SECTION 5. Contents of Disclosure Statements. Disclosure statements shall contain information as set forth in EXHIBIT C designated as reportable under the category to which the employee's position is assigned in EXHIBIT B. SECTION 6. Disqualification. Designated employees must disqualify themselves from making or participating in the making of any decisions in which they have a reportable financial interest, when it is reasonably foreseeable that such interest may be materially affected by the decision. No designated employee shall be required to disqualify himself with respect to any matter which could not be legally acted upon or decided without his participation. -2- CITY MANAGER'S OFFICE Administrative Assistant CITY CLERK'S OFFICE City Clerk PLANNING DEPARTMENT City Planner Assistant City Planner PUBLIC WORKS DEPARTMENT Director of Public Works Assistant City Engineer Associate City Engineer Traffic Engineer Street, Sewer, Water Superintendent Chief Building Inspector Building Inspector Construction Inspector FINANCE DEPARTMENT Finance Director Account Clerk III (Water Office only) TREASURER'S OFFICE City Treasurer LIBRARY City Librarian Assistant City Librarian *Librar an IV *Childr;n's Librarian RECREATION DEPARTMENT Recreation Director Chief of Police Lieutenants CITY ATTORNEY'S City A torney Parks jirector Assisnt Parks Director FIRE DEPARTMENT Fire Chief Assistant Fire Chiefs Chief Fire Inspector Fire I spector Civil _Defense_ Assistant * Employees designated for "Purchasing Only." EXHIBIT A 1. Categories of Reportable Interest. REPORTABLE INTERESTS ARE A. Category I: Interests in Real Property or Investment in Business Entity. Interests in real property are reportable interests if: (1) The real property to which the interest pertains is located, or the business entity owns real property which is located (a) within the boundaries of the City; (b) within two miles of the boundaries of the City; or (c) within two miles of land located outside of the boundaries of the City which is owned or used by the City; or (2) The business entity has done or plans to do business with or within the City, or is engaged in the performance of work or services of the type utilized by the City, or if such business entity manu- facture or sell supplies, machinery or equipment of the type utilized by the City, and (3) The fair market value of the interest of the designated employee or his or her spouse is greater than one thousand dollars; and (4) The interest is either: (a) a leasehold, stock or any bene- ficial or any type of ownership interest held by the designated employee or his or her spouse; (b) an option held by the designated employee or his or her spouse to acquire such an interest, or (c) an interest or option held by a business entity or trust in which the designated employee or his or her spouse owns directly, indirectly or beneficially a ten percent (10%) interest or grater. An investment is not reportable if it constitutes a time or demand deposit in a financial institution, a share in a credit union, an insurance policy, or a bond or other debt instrument issued by any government or govern- ment agency. B. Category II: Sources of Income. Sources of income are reportable if: (1) The source of income was either (a) a business entity located or doing business as described in subsection A; (b) an individual re- siding within the City; or (c) a non-profit association or corporation having its principal place of business within the City; and (2) Either (a) the aggregate amount of income received by the designated employee or his or her spouse from the source during the period covered by the disclosure statement was two hundred fifty dollars ($250) or more in value; or (b) if the income was a gift received by the designated employee or his or her spouse from the source during the period covered by the disclosure statement, the value of the gift was twenty-five dollars ($25) or more. 2. ALL DESIGNATED EMPLOYEES SHALL FILE INFORMATION IN BOTH CATEGORIES UNLESS DESIGNATED AS "PURCHASING ONLY," IN WHICHCASE THE EMPLOYEE NEED NOT REPORT INTERESTS IN REAL PROPERTY. EXHIBIT B DISCLOSURE STATEMENTS Disclosure statements shall be made on forms supplied by the Clerk of the City of Burlingame, and when required, shall contain the following information: A. Investment and Real Property Reports: When an investment, or an interest in real property, is required to be reported, the statement shall contain: (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 ten thousand dollars ($10,000), and whether it exceeds one hundred thousand dollars ($100,000). This information need not be provided with respect to an interest in real property which is used principally as the residence of the filer. B. Personal Income Reports: When personal income is required to be reported, 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 twenty-five dollars 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 was greater than one thousand dollars ($1,000),and whether it was greater than ten thousand dollars ($10,000); (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the amount and the date on which the gift was received. C. Business Entity Income Reports: When income of a business entity, including income of a sole proprietor- ship, is required to be reported, the statement shall contain: (1) The name, address and a general description of the business activity of the business entity; (2) In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity if the filer's prorata share of fees from such person was equal to or greater than one thousand dollars ($1,000); (3) In the case of a business entity not covered by paragraph (2), the name of every person from whom the business entity received payments if the filer's prorata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. EXHIBIT C Page 1 Management Positions Reports: When management positions are required to be reported, designated employees shall list the name of each business entity not specified above in which the employee is a director, officer, partner, trustee, employee, or holds any position of management. EXHIBIT C Page 2