CITY OF RIALTOLEVINE ACT DISCLOSURE STATEMENTgovernment agency from participating in the award of a license, permit, or other entitlement for use, including all contracts except as specified in the Levine Act, if he or she receives any political contributions totaling more than $500 in the 12 months preceding the pendency of the award of the license, permit, other entitlement for use, or contract, and for 12 months following the final decision, from the person or company awarded the license, permit, other entitlement, or contract. This prohibition applies to contributions to the Officer, or received by the Officer on behalf of any other Officer, or on behalf of any candidate for office or on behalf of any committee. The Levine Act also requires disclosure of such contributions by a party to be awarded a specified contract. Please refer to the Attachment for the complete statutory language. Current members of the City of Rialto City Council are:Joe Baca, MayorEd Scott, Mayor Pro TemAndy CarrizalesKarla PerezEdward Montoya, Jr.1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any Rialto City Council Member(s) in the 12 months preceding the submittal of any application relating to the matter for which you are seeking or requesting approval of a license, permit, other entitlement for use, or a contract? YES NO If yes, please identify the Council Member(s):2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contributions of more than $500 to any Rialto City Council Member(s) in the 12 months following the award of the license, permit, other entitlement for use, or a contract? YES NO If yes, please identify the Council Member(s):Answering yes to either of the two questions above does not preclude the City Council from awarding a license, permit, other entitlement for use, or a contract to your firm. It does, however, preclude the identified Council Member(s) from participating in the award process for this license, permit, other entitlement for use, or contract.Date:(SIGNATURE OF AUTHORIZED OFFICIAL)(TYPE OR WRITE NAME AND TITLE)(TYPE OR WRITE NAME OF COMPANY)
THE LEVINE ACT Government Code Section 84308 (a) The definitions set forth in this subdivision shall govern the interpretation of this section. (1) a license, permit, or other entitlement for use. (2) decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts paragraph if their financial interest in the decision results solely from an increase or decrease in membership dues. (3) any agency in the judicial branch of government, the Legislature, the Board of Equalization, or constitutional officers. However, this section applies to any person who is a member of an exempted agency but is acting as a voting member of another agency. (4) appointed officer of an agency, and any candidate for elective office in an agency, other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding. (5) (A) Except as provided in subparagraph (B), lall business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts, and all franchises. (B) (i) Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process. (ii) Labor contracts. (iii) Personal employment contracts. (iv) Contracts valued under fifty thousand dollars ($50,000). (v) Contracts where no party receives financial compensation. (vi) Contracts between two or more agencies. (vii) The periodic review or renewal of development agreements unless there is a material modification or amendment proposed to the agreement. Non-material modifications or amendments may be approved by agency staff. (viii) The periodic review or renewal of competitively bid contracts unless there are material modifications or amendments proposed to the agreement that are valued at more than 10 percent of the value of the contract or fifty thousand dollars ($50,000), whichever is less. Non-material modifications or amendments may be approved by agency staff. (ix) Modification of or amendments to contracts that are exempt under this subparagraph, other than competitively bid contracts. (6) elections. (7) in a proceeding involving a license, permit, or other entitlement for use means either of the following:
(A) For an officer, when either of the following occurs: (i) An item involving the license, permit, or other entitlement for use is placed on the agenda for discussion or decision at a public meeting of the body of which the officer is a member. (ii) The officer knows a proceeding involving a license, permit, or other entitlement action, and it is reasonably foreseeable that the decision will come before the officer in decision-making capacity. (B) with an agency, or, if the proceeding process does not require an application, when the proceeding is before the agency for its decision or other action. (b) (1) While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency shall not accept, solicit, or direct a contribution of more than five hundred dollars ($500) from any reason to know that the participant has a financial interest, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7. This prohibition applies regardless of whether the other officer, or on behalf of any candidate for office or on behalf of any committee. (2) With respect to elected officers, paragraph (1) applies only if the elected officer or the body of which they are a member has the authority to make any decision or recommendation in the proceeding. (c) (1) Before rendering any decision in a proceeding involving a license, permit, or other entitlement for use, each officer of the agency who received a contribution within the preceding 12 months in an amount of more than five hundred dollars ($500) from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agency shall not make, participate in proceeding involving a license, permit, or other entitlement for use if the officer has willfully or knowingly received a contribution in an amount of more than five hundred dollars ($500) within the if the officer knows or has reason to know that the participant has a financial interest in the decision, as that term is described with respect to public officials in Article 1 (commencing with Section 87100) of Chapter 7. (2) With respect to elected officers, paragraph (1) applies only if the elected officer or the body of which they are a member has the authority to make any decision or recommendation in the proceeding. (d) (1) If an officer receives a contribution that would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer makes any decision, or knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, whichever comes last, the officer shall be permitted to participate in the proceeding. (2) (A) Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than five hundred dollars ($500) during the 12 months after the date the final decision is rendered in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of five hundred dollars ($500), within 30 days of accepting, soliciting, or directing the contribution, whichever comes latest. (B) An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution. (C) maintain records of curing any violation pursuant to this paragraph. (e) (1) A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than five hundred dollars ($500) made within the preceding 12 months before the date that any decision is rendered by the agency (2) A party to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant in the proceeding shall not make a contribution of more than five hundred dollars ($500) to any officer of that agency during the proceeding and for 12 months following the date the final decision is rendered by the agency in the proceeding. (3) An agent to a party or participant shall not make a contribution in any amount to an officer during the time periods described in paragraph (2). (4) When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in this section. (f) This section shall not be construed to imply that any contribution subject to being reported under this title shall not be so reported. (g) For the purposes of this section, in determining whether a contribution has exceeded five hundred dollars ($500), the contributions of an agent shall not be aggregated with contributions from a party or participant. (h) (1) permit, or other entitlement for use only if the person represents that party or participant for compensation and appears before or otherwise communicates with an agency for the purpose of influencing the proceeding on behalf of a party or participant. (2) If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the entity or corporation and (3) requirements of paragraph (1). (4) either of the following: (A) Preparing drawings or submissions of an architectural, engineering, or similar nature for a client to submit in a proceeding before the agency if both of the following conditions are met: (i) (ii) The person does not make any contact with the agency other than contact with agency staff concerning the process or evaluation of the documents prepared by the person. (B) Providing technical data or analysis to an agency if the person does not otherwise engage in direct communication for the purpose of influencing the proceeding. (i) (1) Except as provided in paragraph (2), the provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (2) Subdivision (g) is not severable from paragraph (3) of subdivision (e) if paragraph (3) of subdivision (e) is held invalid in a final decision of a court of competent jurisdiction. If that occurs, subdivision (g) shall become inoperative on the date of that final decision.