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<br />Government Code. <br /> <br />(8.4) Section 8.4. Personal Loans. <br /> <br />(A) Except as set forth in subdivision (B), a personal loan received by any designated employee <br />shall become a gift to the designated employee for the purposes of this section in the following <br />circumstances: <br /> <br />1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing <br />an action for default has expired <br /> <br />2. If the loan has no defined date or dates for repayment, when one year has elapsed from the <br />later of the following: <br /> <br />a. The date the loan was made. <br /> <br />b. The date the last payment of one hundred dollars ($100) or more was made on the loan. <br /> <br />c. The date upon which the debtor has made payments on the loan aggregating to less than two <br />hundred fifty dollars ($250) during the previous 12 months. <br /> <br />(B) This section shall not apply to the following types of loans: <br /> <br />1. A loan made to the campaign committee of an elected officer or a candidate for elective office. <br /> <br />2. A loan that would otherwise not be a gift as defined in this title. <br /> <br />3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the <br />creditor has taken reasonable action to collect the balance due. <br /> <br />4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the <br />creditor, based on reasonable business considerations, has not undertaken collection action. <br />Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this <br />paragraph has the burden of proving that the decision for not taking collection action was based <br />on reasonable business considerations. <br /> <br />5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in <br />bankruptcy. <br /> <br />(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the <br />Government Code. <br /> <br />(9) Section 9. Disqualification. <br /> <br />No designated employee shall make, participate in making, or in any way attempt to use his or <br />her official position to influence the making of any governmental decision which he or she <br />knows or has reason to know will have a reasonably foreseeable material financial effect, <br />distinguishable from its effect on the public generally, on the official or a member of his or her <br /> <br />San Leandro Administrative Code <br />12/0412006 <br /> <br />Chapter 4.2, Appendix A <br />