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Reso 2013-033
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Reso 2013-033
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3/27/2013 3:51:56 PM
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3/27/2013 3:51:55 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
3/18/2013
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PERM
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8E Consent 2013 0318
(Reference)
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\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0318
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When a designated employee determines that he or she should not make a governmental decision <br /> because he or she has a disqualifying interest in it,the determination not to act may be <br /> accompanied by disclosure of the disqualifying interest. <br /> (11) Section 11.Assistance of the Commission and Counsel. <br /> Any designated employee who is unsure of his or her duties under this code may request <br /> assistance from the Fair Political Practices Commission pursuant to Section 83114 and <br /> Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing <br /> in this section requires the attorney for the agency to issue any formal or informal opinion. <br /> (12) Section 12. Violations. <br /> This code has the force and effect of law. Designated employees violating any provision of this <br /> code are subject to the administrative, criminal and civil sanctions provided in the Political <br /> Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the <br /> disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set <br /> aside as void pursuant to Section 91003. <br /> 1 Designated employees who are required to file statements of economic interests under any <br /> other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand <br /> their statement of economic interests to cover reportable interests in both jurisdictions, and file <br /> copies of this expanded statement with both entities in lieu of filing separate and distinct <br /> statements,provided that each copy of such expanded statement filed in place of an original is <br /> signed and verified by the designated employee as if it were an original. See Section 81004. <br /> 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in <br /> agencies who make and retain copies of statements and forward the originals to the filing officer. <br /> 3 For the purpose of disclosure only(not disqualification), an interest in real property does not <br /> include the principal residence of the filer. <br /> 4 Investments and interests in real property which have a fair market value of less than $2,000 are <br /> not investments and interests in real property within the meaning of the Political Reform Act. <br /> However, investments or interests in real property of an individual include those held by the <br /> individual's spouse and dependent children as well as a pro rata share of any investment or <br /> interest in real property of any business entity or trust in which the individual, spouse and <br /> dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or <br /> greater. <br /> 5 A designated employee's income includes his or her community property interest in the income <br /> of his or her spouse but does not include salary or reimbursement for expenses received from a <br /> state, local or federal government agency. <br /> 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer <br /> and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In <br /> San Leandro Administrative Code Chapter 4.2,Appendix A <br /> DRAFT for Council Agenda of 03/18/2013 Page 9 <br />
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