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CIC Resolution 92-61COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO. 92-63 ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE OFFICERS AND EMPLOYEES OF THE COMMUNITY IMPROVEMENT COMMISSION PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, the Political Reform Act of 1974, Government Code Sec. 81000 et. seq., requires local agencies to adopt a Conflict of Interest Code; and WHEREAS, Government Code Sec. 87306.5 requires local agencies to submit to their code reviewing body a copy of their Conflict of Interest Code on or before October 1, 1992; and WHEREAS, the Community Improvement Commission is considered a local agency for purposes of this legislation; and WHEREAS, there exists a Conflict of Interest Code of the City of Alameda as amended; and WHEREAS, it has been found that it would be adequate to utilize the Conflict of Interest Code of the City of Alameda as that of the Community Improvement Commission; and NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE TY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Conflict of Interest Code. In compliance with Section 87300 of the Government Code, the Community Improvement Commission of the City of Alameda (the "CIC") hereby adopts the "Conflict of Interest Code of the Officers and Employees of the CIC of the City of Alameda," in the form filed with the Secretary of the CIC and incorporated herein by reference (the "CIC Code"). Section 2. Application of Conflict of Interest Code. The CIC Code shall be applicable to officer and employee positions of the CIC which are involved in the making or participate in the making of decisions which may foreseeably have a material financial effect on any of their financial interests. CIC members, in their capacity as Councilmembers of the City of Alameda, are already required to disclose investments, interest in real property and income under Section 87200 et seq. of the Government Code within the jurisdiction of the Agency. Therefore, this CIC Code does not apply to them, and no other or additional disclosure requirements are imposed, by this CIC Code. Section 3. Circumstances Reauirina Disoualification. No CIC officer or employee shall make, participate in making or use his or her official positions to influence the making of any governmental decision which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on a financial interest as defined in Section 87103 of the Government Code. Section 4. Send to Code-Reviewina Body. The CIC Secretary is hereby authorized and directed to forward a certified copy of this resolution to the City Council of the City of Alameda for review and filing. CONFLICT OF INTEREST CODE OF THE OFFICERS AND EMPLOYEES OF THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA Section 100. Purpose. The Political Reform Act, Government Code Section 81000 et sea., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code for the positions within the Community Improvement Commission, other than those specified in Section 87200 of the Government Code. Section 200. Existina Code. Certain officers and employees of the Community Improvement Commission in their capacities as officials and employees of the City of Alameda, are either positions specified in Section 87200 of the Government Code or are already designated employees pursuant to the Conflict of Interest Code of the City of Alameda (the "City Code") adopted under the Political Reform Act of 1974 for the jurisdiction of the Community Improvement Commission. Pursuant to the City Code, these officers and employees are required to file disclosure statements and are prohibited from making or participating in the making of any governmental decision which will foreseeably have a material financial effect upon a financial interest of the designated employee. These officers and employees are therefore not required to be listed in this Conflict of Interest Code. Section 300. Designated Employees. The positions listed on Exhibit A, attached hereto, are designated positions of the Community Improvement Commission which are not designated in the City Code or are not positions held by City officers or employees specified in Section 87200 of the Government Code. Officers and employees holding these positions are designated employees and are deemed to make, or participate in the making of, decisions which may foreseeably have a material financial effect on a financial interest of the designated employee. Section 400. Disclosure Cateaories. The applicable City Code disclosure categories for the designated employees are also listed on Exhibit A. Section 500. Adoption by Reference. The terms and provisions of the Conflict of Interest Code of the City of Alameda and any amendments to it duly adopted, along with Exhibit A, attached hereto, and hereby incorporated by reference, constitute the Conflict of Interest Code of the Officers and Employees of the Community Improvement Commission of the City of Alameda. Section 600. Compliance. Compliance with all of the terms and conditions of the Conflict of Interest Code of the City of Alameda shall be deemed to be in compliance with this Conflict of Interest Code. EXHIBIT A Persons holding the following positions are designated employees of the Community Improvement Commission: *Consultant - Community Improvement Commission Special Counsel * Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The Executive Director of the Community Improvement Commission may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in a regular meeting assembled on the fifteenth day of September, 19q2 by the following vote, to wit: AYES: Commissioners Arnerich, Camicia, Lucas, Roth and Chairman Withrow - NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this sixteenth day-of September, 1992. Diane B: Felschc Secretary Community Improvement Commission E. William Withrow, Jr. Chairman Community Improvement Commission