|
Resolution No. 24-XXXX
<br />Page 7
<br />(D) No public official who is exempt from the state civil service system pursuant
<br />to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the
<br />Constitution shall, while the official holds office, receive a personal loan from any
<br />person who has a contract with the state or local government agency to which that
<br />elected officer has been elected or over which that elected officer's agency has
<br />direction and control. This subdivision shall not apply to loans made by banks or
<br />other financial institutions or to any indebtedness created as part of a retail
<br />installment or credit card transaction, if the loan is made or the indebtedness
<br />created in the lender's regular course of business on terms available to members of
<br />the public without regard to the elected officer's official status. This subdivision
<br />shall not apply to loans made to a public official whose duties are solely
<br />secretarial, clerical, or manual.
<br />(E) This section shall not apply to the following:
<br />1. Loans made to the campaign committee of an elected officer or candidate
<br />for elective office.
<br />2. Loans made by a public official's spouse, child, parent, grandparent,
<br />grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law,
<br />nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons,
<br />provided that the person making the loan is not acting as an agent or
<br />intermediary for any person not otherwise exempted under this section.
<br />3. Loans from a person which, in the aggregate, do not exceed $500 at any
<br />given time.
<br />4. Loans made, or offered in writing, before January 1, 1998.
<br />(8.3) Section 8.3. Loan Terms.
<br />(A) Except as set forth in subdivision (B), no elected officer of a state or local
<br />government agency shall, from the date of the officer's election to office through
<br />the date the officer vacates office, receive a personal loan of $500 or more, except
<br />when the loan is in writing and clearly states the terms of the loan, including the
<br />parties to the loan agreement, date of the loan, amount of the loan, term of the
<br />loan, date or dates when payments shall be due on the loan and the amount of the
<br />payments, and the rate of interest paid on the loan.
<br />(B) This section shall not apply to the following types of loans:
<br />1. Loans made to the campaign committee of the elected officer.
<br />2. Loans made to the elected officer by his or her spouse, child, parent,
<br />grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-
<br />in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such
<br />person, provided that the person making the loan is not acting as an agent or
<br />intermediary for any person not otherwise exempted under this section.
<br />3. Loans made, or offered in writing, before January 1, 1998.
<br />(C) Nothing in this section shall exempt any person from any other provision of
<br />Title 9 of the Government Code.
<br />(8.4) Section 8.4. Personal Loans.
<br />Page 65 of 559
|