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01
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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110122
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10/26/2022 3:23:00 PM
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10/26/2022 3:22:55 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/1/2022
DESTRUCT DATE
15Y
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No designated employee shall be prevented from making or participating in the <br /> making of any decision to the extent the employee's participation is legally required for <br /> the decision to be made. The fact that the vote of a designated employee who is on a <br /> voting body is needed to break a tie does not make the employees'participation legally <br /> required for purposes of this section. <br /> (9.5) Section 9.5. Disqualification of State Officers and Employees. <br /> In addition to the general disqualification provisions of section 9, no state <br /> administrative official shall make, participate in making, or use the official's position <br /> to influence any governmental decision directly relating to any contract where the state <br /> administrative official knows or has reason to know that any party to the contract is a <br /> person with whom the state administrative official, or any member of the official's <br /> immediate family has, within 12 months prior to the time when the official action is to <br /> be taken: <br /> (A) Engaged in a business transaction or transactions on terms not available to <br /> members of the public, regarding any investment or interest in real property; or <br /> (B) Engaged in a business transaction or transactions on terms not available to <br /> members of the public regarding the rendering of goods or services totaling in <br /> value $1,000 or more. <br /> (10) Section 10. Disclosure of Disqualifying Interest. <br /> When a designated employee determines that the employee should not make a <br /> governmental decision because the employee has a disqualifying interest in it, the <br /> determination not to act may be accompanied by disclosure of the disqualifying <br /> interest. <br /> (11) Section 11. Assistance of the Commission and Counsel. <br /> Any designated employee who is unsure of the duties under this code may request <br /> assistance from the Fair Political Practices Commission pursuant to.Section 83114 and <br /> Regulations 18329 and 18329.5 or from the attorney for the employee's agency, <br /> provided that nothing in this section requires the attorney for the agency to issue any <br /> formal or informal opinion. <br /> (12) Section 12. Violations. <br /> This code has the force and effect of law. Designated employees violating any <br /> provision of this code are subject to the administrative, criminal and civil sanctions <br /> provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in <br /> relation to which a violation of the disqualification provisions of this code or of Section <br /> 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. <br /> 1 Designated employees who are required to file statements of economic interests under any <br /> other agency's conflict of interest code, or under article 2 for a different jurisdiction,may expand <br /> their statement of economic interests to cover reportable interests in both jurisdictions, and file <br /> copies of this expanded statement with both entities in lieu of filing separate and distinct <br /> statements, provided that each copy of such expanded statement filed in place of an original is <br /> signed and verified by the designated employee as if it were an original. See Section 81004. <br /> 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in <br /> agencies who make and retain copies of statements and forward the originals to the filing officer. <br />
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