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Reso 2000-156
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Reso 2000-156
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
10/2/2000
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• <br /> Page 7 of 10 <br /> 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. <br /> 2. A loan that would otherwise not be a gift as defined in this title. <br /> 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor <br /> has taken reasonable action to collect the balance due. <br /> 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, <br /> based on reasonable business considerations, has not undertaken collection action. Except in a <br /> criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the <br /> burden of proving that the decision for not taking collection action was based on reasonable business <br /> considerations. <br /> 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in <br /> bankruptcy. <br /> (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the <br /> Government Code. <br /> (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any <br /> way attempt to use his or her official position to influence the making of any governmental decision <br /> which he or she knows or has reason to know will have a reasonably foreseeable material financial <br /> effect, distinguishable from its effect on the public generally, on the official or a member of his or <br /> her immediate family or on: <br /> (A) Any business entity in which the designated employee has a direct or indirect investment worth <br /> one thousand dollars ($ 1,000) or more; <br /> (B) Any real property in which the designated employee has a direct or indirect interest worth one <br /> thousand dollars ($1,000) or more; <br /> (C) Any source of income, other than gigs and other than loans by a commercial lending institution <br /> in the regular course of business on terms available to the public without regard to official status, <br /> aggregating two hundred fifty dollars (S250) or more in value provided to, received by or promised <br /> to the designated employee within 12 months prior to the time when the decision is made; <br /> (D) Any business entity in which the designated employee is a director, officer, partner, trustee, <br /> employee, or holds any position of management; or <br /> (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating S300 or <br /> more provided to; received by, or promised to the designated employee within 12 months prior to the <br /> time when the decision is made. <br /> (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from <br /> making or participating in the making of any decision to the extent his or her participation is legally <br /> required for the decision to be made. The fact that the vote of a designated employee who is on a <br /> voting body is needed to break a tie does not make his or her participation legally required for <br /> purposes of this section. <br /> http: / /www.fppc.ca.gov /Legal /Regs /18730.htm 9/14/00 <br />
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