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(C)Nothing in this section shall exempt any person from any other provision of Title 9 of the <br /> Government Code. <br /> (8.4) Section 8.4. Personal Loans. <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 /> 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 /> 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 /> 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 b e a g i ft as set forth under subdivision <br /> (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 /> has the burden of proving that the decision for not taking collection action was based <br /> paragraph p g g <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 /> San Leandro Administrative Code Chapter 4.2,Appendix A <br /> DRAFT for Council Agenda of 03/18/2013 Page 7 <br />