Oceanside Municipal Code Art. XI Conflict of Interest Code

Footnotes:

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Editor's note— Ord. No. 83-04, § 1, adopted Feb. 23, 1983, provided that Art. XI read as herein set out. Prior to enactment of said ordinance, Art. XI pertained to similar subject matter, consisted of §§ 2.61—2.72, and was derived from Ord. No. 74-11, § 1, adopted March 12, 1974.

The terms of 2 California Code of Regulations; Section 18730 et seq., and any amendments thereto duly adopted by the fair political practices commission are hereby incorporated by reference and, along with the following sections in which officials and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Oceanside and any local government agency with jurisdiction wholly within the City of Oceanside.

(Ord. No. 83-04, § 1, 2-23-83; Ord. No. 90-08, § 1, 2-28-90)

Annually, the city council shall adopt a resolution indicating the employee positions and members of city boards, commissions and committees subject to conflict of interest disclosure requirements.

(Ord. No. 83-04, § 1, 2-23-83; Ord. No. 86-03, § 1, 1-8-86; Ord. No. 87-12, § 1, 3-11-87; Ord. No. 88-40, § 1, 11-16-88; Ord. No. 90-08, § 2, 2-28-90; Ord. No. 91-24, § 1, 4-24-91; Ord. No. 92-08, § 1, 3-4-92)

Statements required of designated employees in disclosure category "L" shall contain all the following information:

(a) Investments worth more than one thousand dollars ($1,000.00) in any business entity, which within the last two (2) years has contracted with or in the future foreseeably may contract with the employer to provide services, supplies, materials, machinery or equipment to the employer and associated with the job assignment of the employee; and

(b) Income of two hundred fifty dollars ($250.00) or more and fifty dollars ($50.00) or more in case of gifts which is derived from a source which within the last two (2) years has contracted with the employer or in the future foreseeably may contract with the employer to provide services, supplies, materials, machinery or equipment to the employer and associated with the job assignment of the employee.

(Ord. No. 83-04, § 1, 2-23-83; Ord. No. 90-08, § 3, 2-28-90)

All designated employees shall file statements of financial interest with the city clerk who shall receive said statement on behalf of the code reviewing body. Unless otherwise required by state law, all statements of financial interest shall be deemed timely filed only when received by the city clerk on or before the following deadlines:

(a) Annual statements shall be filed on or before April 1 of each calendar year. Such statements shall cover the period of the preceding calendar year or from the date of filing such statement as otherwise required under this code.

(b) Initial statements shall be filed within thirty (30) days after assuming office disclosing interests held on the date of assuming office.

(c) Leaving office statements shall be filed within thirty (30) days of leaving office. Such statements shall cover the period between the closing date of the last statement required to be filed and the date of leaving office.

(Ord. No. 83-04, § 1, 2-23-83; Ord. No. 90-08, § 4, 2-28-90)

Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Government Code Section 81000). The provisions of this code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interest (including, but not limited to, Government Code Section 1090, et seq.).

(Ord. No. 83-04, § 1, 2-23-83)

In addition to terms defined in 2 California Code of Regulations, section 18730(b)(1), all references therein to "appendix" shall mean Chapter 2, Article XI of the Oceanside City Code.

(Ord. No. 83-04, § 1, 2-23-83; Ord. No. 90-08, § 5, 2-28-90)

If any section, subsection, sentence, clause or phrase of this article is for any reason held by court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this article. The city council hereby declares that it would have passed this article 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. No. 83-04, § 1, 2-23-83)

Three (3) copies of the standardized conflict of interest code incorporated by this article shall be kept on file with the city clerk.

(Ord. No. 83-04, § 1, 2-23-83)

(a) The city manager and manager of any local government agency with jurisdiction wholly within the City of Oceanside shall have the power to designate employees on an interim basis. Such designations shall be made if the manager determines that the employee's position entails the making or participation in the making of decisions which may foreseeably have a material effect on financial interests.

(b) An annual review of this Code shall be made by the city council at which time interim designations may be incorporated herein.

(Ord. No. 83-04, § 1, 2-23-83; Ord. No. 90-08, § 6, 2-28-90)