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Reso 2011-005
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Reso 2011-005
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1/21/2011 12:18:18 PM
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1/21/2011 12:16:58 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
1/18/2011
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8G Consent 2011 0118
(Reference)
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\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0118
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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 /> b. The date the last payment of $100 or more was made on the loan. <br /> c. The date upon which the debtor has made payments on the loan aggregating to less than $250 <br /> during the previous 12 months. <br /> (B) This section shall not apply to the following types of loans: <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 <br /> creditor 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 <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 /> 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. <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 /> immediate family or on: <br /> (A) Any business entity in which the designated employee has a direct or indirect investment <br /> worth $2,000 or more; <br /> (B) Any real property in which the designated employee has a direct or indirect interest worth <br /> • $2,000 or more; <br /> (C) Any source of income, other than gifts and other than loans by a commercial lending <br /> institution in the regular course of business on terms available to the public without regard to <br /> official status, aggregating $500 or more in value provided to, received by or promised to the <br /> designated employee within 12 months prior to the time when the decision is made; <br /> San Leandro Administrative Code Chapter 4.2, Appendix A <br /> 12/15/200& 01/18/2011 Page 7 <br />
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