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AgdaPkt 2012-03-19
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AgdaPkt 2012-03-19
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Last modified
3/20/2012 2:54:48 PM
Creation date
3/15/2012 5:34:10 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council
Date
3/19/2012
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Boards, Commissions, and Committees' Handbook <br />City of Reds 6.1. F. - Page 28 <br />➢ Your Form 700 Obligation and Conflict of Interest (Government Code Section <br />87103 Financial Interest) <br />When is it due? <br />• Annual filing date is April 1 <br />• Most filers must file within 30 days of assuming or leaving office, or within <br />30 -days of a newly adopted or amended conflict -of- interest code. <br />If you have any questions about your Form 700 duty to file, please contact the City Clerk. <br />As specified in state law, it is illegal for a BCC member to have an interest in any contract, sale, <br />purchase, finding or transaction in which the member is involved in an official capacity. Action <br />taken where a conflict of interest exists may disqualify the commission member and invalidate <br />that BCC action. Any interest, whether personal, private, general or sentimental that would <br />tempt a commissioner to act in any manner other than the best public interest should be <br />examined and official action accordingly restricted. An interest that is common to all similarly <br />situated persons is not disqualifying to an action. <br />• The State of California enacted the Political Reform Act in 1974. One of the Act's main <br />purposes is to prevent financial conflicts of interest on the part of public officials. Every <br />public official is required to disclose all financial interests, such as investments, interests <br />in real estate or sources of income, which may be affected in the exercise of the official's <br />duties. The Political Reform Act may require an official to disqualify him /herself from <br />making or participating in a governmental decision or using his /her official position to <br />influence a governmental decision if the public official has a conflict of interest. A conflict <br />of interest occurs where an official makes, participates in, or uses his or her official <br />position to influence a governmental decision and: <br />• It is foreseeable that the governmental decision will affect the official's financial interest; <br />• The effect of the governmental decision on the official's financial interest will be material; <br />and, <br />• The effect of the governmental decision on the official's financial interest will be <br />distinguishable from its effect on the public generally. <br />• Government Code Section 87103. Financial Interest: <br />• A public official has a financial interest in a decision within the meaning of Section <br />87100 if it is reasonably foreseeable that the decision will have a material financial <br />effect, distinguishable from its effect on the public generally, on the official, a <br />member of his or her immediate family, or on any of the following: <br />• Any business entity in which the public official has a direct or indirect investment <br />worth two thousand dollars ($2,000) or more. <br />• Any real property in which the public official has a direct or indirect interest worth two <br />thousand dollars ($2,000) or more. <br />• Any source of income, except gifts or loans by a commercial lending institution made <br />in the regular course of business on terms available to the public without regard to <br />official status, aggregating five hundred dollars ($500) or more in value provided or <br />25 <br />
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