With regards to conflicts of financial interests, the following shall be deemed the “Conflict of Interest Code” of the City of Thousand Oaks as required by Government Code Section 87300 et seq.:
(a) Incorporation of state statutes and regulations. The definitions and disclosure requirements contained in the Political Reform Act of 1974 (Government Code Section 81000 et seq.), and in the regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Section 18730, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this section.
(b) Designated persons. The City Council shall adopt and periodically review a resolution designating City employees, boardmembers, commissioners, committee members, officers and City consultants (herein designated persons), who must file conflict of financial interest statements. In that resolution designating persons required to file, the City Council shall set forth the corresponding disclosure categories for such persons. By said resolution the City Council has determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on said person’s financial interests. All persons holding positions listed in this resolution shall file conflict of interest statements consistent with the disclosure categories and this section.
For purposes of this chapter the term “designated employee” as used in Government Code Section 81000 et seq. and 2 Cal. Code of Regs. Section 18730, et seq. shall be included within the definition of designated persons as used herein.
(c) Disclosure categories. Being listed as a city designated person under this section does not establish any additional disclosure obligation for those persons who are also specified in Government Code Section 87200 (City Councilmembers, Planning Commissioners, City Manager, City Attorney, City Treasurer and candidates for City Council) and, as a result, obligated to file under state law.
This section does not establish any additional disclosure obligation for any designated person who is designated in a conflict of interest code for another agency, if all of the following apply:
(1) The geographical jurisdiction of the City is the same as or is wholly included within the jurisdiction of the other agency;
(2) The disclosure category assigned in the code of the other agency is the same as the City’s; and
(3) The filing officer is the same for both agencies.
Designated persons who are required to file statements of economic interests under any other agency’s conflict of interest code may expand their statement to cover all reportable interests required for both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated person as if it were an original.
(d) Statements of economic interests. Place of filing. Designated persons shall file their statements of economic interests with the City Clerk who is deemed the filing officer for purposes of this section.
(e) Manner of disqualification. When a designated person determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency’s official record; in the case of the City Manager or City Attorney this determination and disclosure shall be made in writing to the City Council; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor.
(f) Assistance of the commission and counsel. Any designated person who is unsure of his or her duties under this Code may request assistance from the City Attorney or the Fair Political Practices Commission pursuant to Government Code Section 83114, provided that nothing in this section requires the City Attorney to issue any formal or informal opinion.
(g) Violations. Designated persons violating any provision of this section are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 through 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this section, or of Government Code Section 87100 or 87450, has occurred may be set aside by the Superior Court as void pursuant to Government Code Section 91003.
(§ 1, Ord. 868-NS, eff. September 18, 1984, as amended by § 1, Ord. 911-NS, eff. March 4, 1986, § 1, Ord. 1226-NS, eff. January 3, 1995, § 1, Ord. 1329-NS, eff. January 7, 1999, and Ord. 1601-NS, eff. January 16, 2014)