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.
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(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.
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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
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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
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