APIC1985-6RESOLUTION ON. APIC85-6
A RESOLUTION OF THE ANAHEIM PUBLIC IMPROVEMENT
CORPORATION ADOPTING A CONFLICT OF INTEREST CODE
AND SUBMITTING SAID CODE TO THE CODE REVIEWING
BODY.
WHEREAS, Section 87300 of the Government Code requires
local agencies to adopt a Conflict of Interest Code; and
WHEREAS, Section 83303 of the Government Code requires
local agencies to submit their Conflict of Interest Code to a
code-reviewing body; and
WHEREAS, the City Council of the City of Anaheim is the
code-reviewing body for the Conflict of Interest Code of the
Anaheim Public Improvement Corporation ("Corporation").
NOW, THEREFORE, BE IT RESOLVED as follows:
The Corporation hereby adopts the Conflict of Interest
Code, consisting of five (5) pages, including exhibits,
attached hereto as Exhibit "A".
The Secretary of the Corporation is hereby authorized and
directed to transmit said Conflict of Interest Code to
the City Council of the City of Anaheim for review and
approval.
The Conflict of Interest Code shall become effective upon
approval of said Code by the City Council of the City of
Anaheim.
THE FOREGOING RESOLUTION is approved and adopted by the
Anaheim Public Improvement Corporation this 19th day of February,
1985.
AYES, and in favor thereof, Directors-
Pickler, Overholt and Roth ~
Noes, Directors: None -- ~-~E
ABSENT, Directors: None
Vacancies: Two
ATTEST:
! --- SECRETARY
CONFLICT OF INTEREST CODE
OF THE
ANAHEIM PUBLIC IMPROVEMENT CORPORATION
I. Purpose. Pursuant to the provisions of Government Code
Sections 87300, et seq., the Anaheim Public Improvement
Corporation ("Corporation") hereby adopts the following Conflict
of Interest Code ("Code"). Nothing contained herein is intended
to modify or abridge the provisions of the Political Reform Act of
1974, as amended , Government Code Section 81000 et seq.,
("Act"). The provisions of this Code are additional to the
requirements of such Act and other laws pertaining to conflicts of
interest. Except as otherwise indicated, the definitions in said
Act and regulations adopted pursuant thereto are incorporated
herein and this Code shall be interpreted in a manner consistent
therewith.
II. Desiqnated Positions. The positions listed in Exhibit
"A" are designated positions. Persons holding those positions are
deemed to make, or participate in the making of, decisions which
may foreseeably have a material effect on a financial interest of
that person.
III. Disclosure Statements. Designated positions shall be
assigned to one or more of the disclosure categories set forth on
Exhibit "B." Each person holding a designated position shall file
an annual statement disclosing his or her interest in investments,
real property and income designated as reportable under the
category to which that position is assigned on Exhibit "B."
IV. Place and Time of Filinq.
(a) Ail persons required to submit a statement of
economic interests shall file the original with the Secretary of
the'Corporation. The Secretary shall retain a copy and forward
the original to the City Council of the City of Anaheim.
(b) Persons presently holding a designated position
shall file an initial statement of economic interest within thirty
days after the effective date of this Code, which initial
statement shall disclose reportable financial interests held on
the effective date of this Code.
(c) Persons assuming, or appointed to, a designated
position shall file an initial statement of economic interest
within thirty days after the date of appointment to, or assumption
of, office which initial statement shall disclose reportable
financial interests held on the date of appointment to or
assumption of office.
EXHIBIT ........ ~ ................
PG ........ !. ....... OF .............. .~.._'~___
(d) Persons holding a designated position shall file,
annually, statements of economic interest on or before the first
day of April of each year, which annual statement shall cover the
period of the preceding calendar year.
(e) Persons holding a designated position shall file.
within thirty days of leaving office, a statement of economic
interest for the period between the date of the last annual
statement and the date of leaving office.
V. Contents of Disclosure Statements. Disclosure statements
shall be made on forms supplied by the Secretary of the
Corporation and shall contain the following information:
(a) Contents of Investment and Real Property Reports:
When an investment, or an interest in real property,
is required to be reported, the statement shall contain:
interest;
(1) A statement of the nature of the investment or
(2) The name of the business entity in which each
investment is held, and a general description of the business
activity in which the business entity is engaged:
(3) The address or other precise location of the
real property: and
(4) A statement whether the fair market value of
the investment, or interest in real property, exceeds ten thousand
dollars ($10,000). and whether it exceeds one hundred thousand
dollars ($100.000). This information need not be provided with
respect to an interest in real property which is used principally
as the residence of the filer.
(b) Contents of Personal Income Reports:
When personal income is required to be reported, the
statement shall contain:
(1) The name and address of each source of income
aggregating two hundred and fifty dollars ($250) or more in value,
or fifty dollars ($50.00) or more in value if the income was a
gift, and a general description of the business activity, if any,
of each source:
(2) A statement whether the aggregate value of
income from each source was greater than one thousand dollars
($1,000), and whether it was greater than ten thousand dollars
($1o,ooo);
EXHIBIT ......... .~... ..............
;'~G ....... ~ ...... OF ...... ...~.......
(3) A description of the consideration, if any, for
which the income was received: and
(4) In the case of a gift, the amount and the date
on which the gift was received. ~
(c) Contents of Business Entity Income Reports:
When income of a business entity, including income
of a sole proprietorship, is required to be reported, the
statement shall contain:
(1) The name, address and a general description of
the business activity of the business entity:
(2) The name of every source from whom the business
entity received payments if the filer's prorata share of gross
receipts from such source was equal to or greater than ten
thousand dollars ($i0,000) during a calendar year.
(d) Contents of Management Positions Reports:
When management positions are required to be
repo[ted, filers shall list the name of each business entity not
specified above in which he is a director, officer, partner,
trustee, employee, or in which he holds any position of management.
(e) Initial Statement:
The initial statement filed by a person appointed to
a designated position shall disclose any reportable investments
and interests in real property.
VI. Filinq of Duplicate Disclosure Statements. Unless
otherwise required by law, any person holding a designated
position as specified in this Code who is required by the Act to
file a statement of financial interest with any other agency with
the same territorial jurisdiction as the Corporation and which
statement requires the disclosure of financial interests at least
equal to those required by this Code may comply with the
provisions of this Code by filing a duplicate copy of such other
statement with the secretary of the Corporation in lieu of
preparing and filing an entirely separate document.
VII. Disqualification. Members of the Board of Directors and
officers of the Corporation shall disqualify themselves from
making or participating in the making of any decision in which
they have a reportable financial interest, when it is reasonably
foreseeable that such interest may be materially affected by the
decision. No Corporation director shall be required to disqualify
himself or herself with respect to any matter which could not be
legally acted upon or decided without his or her participation.
EXHIBIT ............................
..... ........ .... ......
ANAHE I M
Designated Position
Board of Directors
Treasurer
Secretary
General Counsel
EXHIBIT "A"
PUBLIC IMPROVEMENT
CORPORAT I ON
Categories
I. II. III o
IV
EXHIBIT ......... .~.. .............
.G ..... .Y.. ........ o:=...~.-.. ........
EXHIBIT "B"
ANAHEIM PUBLIC IMPROVEMENT CORPORATION
Category I
(Form 721 or 730, Schedules B and C)
Category I relates to interests in real property within or close
to the City of Anaheim (within two miles of a City limits line) in
which the filer, spouse and dependent children have an aggregate
interest of $1,000 or more in value. It includes interests in
real property held by a business entity or trust in which the
filer, spouse and dependent children have an aggregate interest of
10% or greater.
Category II
(Form 721 or 730, Schedules A and C)
Category II relates to investments held by the filer, spouse and
dependent children with an aggregate value of more than $1.000 in
business entities having real property in the City of Anaheim or
doing business, planning to do business, or having done business
in the City of Anaheim within the past two years. It includes
investments held by a business entity or trust in which the filer.
spouse and dependent children have an aggregate interest of 10% or
greater.
Category III
(Form 721 or 730, Schedules D, E, F and G)
Category III relates to sources of income (including loans)
aggregating $250 or more if the source is located within or doing
business within the City of Anaheim. It includes gifts
aggregating fifty dollars ($50.00) or more whether or not the
source (donor) is in Anaheim.. It includes sources of income to
the filer, community property interest in the income of a spouse
and the filer's prorata share of any income of a trust in which
the filer, spouse or dependent children have individually or
collectively a 10% or greater interest.
Category IV
(Form 721 or 730, Schedule H)
Category IV relates to employment and management positions in
business entities.
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