Duarte Municipal Code Ch. 2.44 Conflict of Interest Code

Pursuant to the Political Reform Act of 1974, Government Code Section 87300 et seq., and Section 18730 of Title 2 of the California Code of Regulations, the city adopts the model conflict of interest code promulgated by the fair political practices commission of the state of California as set forth in Section 18730 of Title 2 of the California Code of Regulations, which model conflict of interest code is incorporated herein by reference, and which, together with the list of designated positions and the disclosure categories applicable to each designated position to be adopted by resolution of the city council as provided in Section 2.44.030 of this chapter, collectively constitutes the city's conflict of interest code. As the model conflict of interest code as set forth in Section 18730 of Title 2 of the California Code of Regulations is amended from time to time by state law, regulatory action of the fair political practices commission, or judicial determination, the portion of the city's conflict of interest code comprising the model conflict of interest code shall be deemed automatically amended without further action to incorporate by reference all such amendments to the model conflict of interest code so as to remain in compliance therewith. Nothing in this chapter or in the resolution referred to in Section 2.44.030 of this chapter shall supersede the independent applicability of Government Code Section 87200.

(Ord. 777 § 1 (part), 2005)

The definitions contained in the Political Reform Act of 1974 and in the regulations of the fair political practices commission, and any amendments to either of the foregoing, are incorporated by reference into this conflict of interest code.

(Ord. 777 § 1 (part), 2005)

The city council from time to time, by resolution, shall designate those positions, the holders of which shall be required to file statements of economic interests, and shall further designate the disclosure categories applicable to each designated position. The resolution adopted by the city council shall constitute the appendix referred to in subsection (b)(2) of Section 18730 of Title 2 of the California Code of Regulations. It shall be determined in such resolution that the persons holding such positions make or participate in the making of decisions which may foreseeably have a material effect on financial interests. Statements of economic interests shall be filed with the city clerk who shall receive said statements on behalf of the code reviewing body.

(Ord. 777 § 1 (part), 2005)

Nothing contained in this chapter is intended to modify or abridge the provisions of the Political Reform Act of 1974, Government Code Section 81000 et seq., or the regulations of the fair political practices commission, Title 2 of California Code of Regulations Section 18109 et seq. The provisions of this chapter are additional to the Political Reform Act and regulations of the fair political practices commission. This chapter shall be interpreted in a manner consistent with the Political Reform Act and the regulations of the fair political practices commission. In the event of any inconsistency between the provisions of this chapter, on the one hand, and the Political Reform Act and/or the regulations of the fair political practices commission, on the other hand, the provisions of the Political Reform Act and regulations of the fair political practices commission shall govern.

(Ord. 777 § 1 (part), 2005)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

(Ord. 777 § 1 (part), 2005)