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SAN LEANDRO ADMINISTRATIVE CODE TITLE 4 CITY CLERK <br /> 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an <br /> 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 later <br /> 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 be a gift as set forth under subdivision (A), but on which the credi- <br /> tor 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 credi- <br /> tor, 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 busi- <br /> ness 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 her <br /> official position to influence the making of any governmental decision which he or she knows or <br /> has reason to know will have a reasonably foreseeable material financial effect, distinguishable <br /> from its effect on the public generally, on the official or a member of his or her immediate family <br /> or on: <br /> (A) Any business entity in which the designated employee has a direct or indirect investment worth <br /> $2,000 or more; <br /> Department Responsible for Revision: City Clerk Chapter 4.2 <br /> 03/18/2013 Page 8 <br />