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8D Consent 2008 1215
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8D Consent 2008 1215
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12/12/2008 9:17:36 AM
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12/12/2008 9:17:35 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/15/2008
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_CC Agenda 2008 1215
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\City Clerk\City Council\Agenda Packets\2008\Packet 2008 1215
Reso 2008-144
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\City Clerk\City Council\Resolutions\2008
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(8.2) Section 8.2. Loans to Public Officials. <br />(A) No elected officer of a state or local government agency shall, from the date of his or <br />her election to office through the date that he or she vacates office, receive a personal <br />loan from any officer, employee, member, or consultant of the state or local government <br />agency in which the elected officer holds office or over which the elected officer's <br />agency has direction and control. <br />(B) No public official who is exempt from the state civil service system pursuant to <br />subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, <br />while he or she holds office, receive a personal loan from any officer, employee, member, <br />or consultant of the state or local government agency in which the public official holds <br />office or over which the public official's agency has direction and control. This <br />subdivision shall not apply to loans made to a public official whose duties are solely <br />secretarial, clerical, or manual. <br />(C) No elected officer of a state or local government agency shall, from the date of his or <br />her election to office through the date that he or she vacates office, receive a personal <br />loan from any person who has a contract with the state or local government agency to <br />which that elected officer has been elected or over which that elected officer's agency has <br />direction and control. This subdivision shall not apply to loans made by banks or other <br />financial institutions or to any indebtedness created as part of a retail installment or credit <br />card transaction, if the loan is made or the indebtedness created in the lender's regular <br />course of business on terms available to members of the public without regard to the <br />elected officer's official status. <br />(D) No public official who is exempt from the state civil service system pursuant to <br />subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, <br />while he or she holds office, receive a personal loan from any person who has a contract <br />with the state or local government agency to which that elected officer has been elected <br />or over which that elected officer's agency has direction and control. This subdivision <br />shall not apply to loans made by banks or other financial institutions or to any <br />indebtedness created as part of a retail installment or credit card transaction, if the loan is <br />made or the indebtedness created in the lender's regular course of business on terms <br />available to members of the public without regard to the elected officer's official status. <br />This subdivision shall not apply to loans made to a public official whose duties are solely <br />secretarial, clerical, or manual. <br />(E) This section shall not apply to the following: <br />1. Loans made to the campaign committee of an elected officer or candidate for elective <br />office. <br />2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, <br />brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or <br />
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