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HomeMy WebLinkAboutResolution 2021-113 Prescribing Standards of Financial Disclosure for Local Elected OfficialsMARANA RESOLUTION NO. 2021-113 RELATING TO ELECTIONS; PRESCRIBING STANDARDS OF FINANCIAL DISCLOSURE FOR LOCAL ELECTED OFFICIALS AS REQUIRED BY A.R.S. § 38-545; RESCINDING MARANA RESOLUTION NO. 77-2 WHEREAS pursuant to A.R.S. § 38-545, as amended, the Town of Marana is required to adopt standards of financial disclosure consistent with the provisions of Title 38, Chapter 3.1, Article 1, Arizona Revised Statutes, as amended; and WHEREAS on June 27, 1977, the Town Council adopted Resolution No. 77-2 in compliance with A.R.S. § 38-545; and WHEREAS Title 38, Chapter 3.1, Article 1, Arizona Revised Statutes has been amended since Marana Resolution No. 77-2 was adopted; and WHEREAS it has become necessary to rescind Marana Resolution No. 77-2 and adopt current standards of financial disclosure consistent with state law; and WHEREAS the Town Council finds that rescinding Marana Resolution No. 77-2 and adopting standards of financial disclosure as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Resolution No. 77-2 is hereby rescinded. SECTION 2. The following standards of financial disclosure for local elected officials are hereby adopted: A. Definitions. In this resolution, unless the context otherwise requires: 1. "Business" includes any enterprise, organization, trade, occupation or profession, whether or not operated as a legal entity or for profit, including any business trust, corporation, partnership, joint venture or sole proprietorship. 2. "Compensation" means anything of value or advantage, present or prospective, including the forgiveness of debt. 3. "Controlled business" means any business in which the local public officer or any member of his or her household has an ownership or beneficial interest, individually or combined, amounting to more than a 50% interest. 00070191.DOCX /3 Resolution No. 2021-113 - 1 - 8/2/2021 DU/JF 4. "Dependent business" means any business in which the local public officer or any member of his or her household has an ownership or beneficial interest, individually or combined, amounting to more than a 10% interest, and during the preceding calendar year the business received from a single source more than $10,000.00 and more than 50% of its gross income. 5. "Gift" includes any gratuity, special discount, favor, hospitality, service, economic opportunity, loan or other benefit received without equivalent consideration and not provided to members of the public at large. "Gift" does not include travel -related expenses that are publicly reported as required by law or political campaign contributions that are publicly reported pursuant to Title 16, Chapter 6 of the Arizona Revised Statutes. 6. "Local public officer" means a person holding an elective office of the Town of Marana. 7. "Member of household" means a local public officer's spouse and any minor child of whom the local public officer has legal custody. 8. "Travel -related expenses" means any costs associated with transportation, food, lodging and registration fees and other expenses directly related to travel to or from a meeting, conference or other event where the local public officer is participating in the local public officer's official capacity. B. Duty to file financial disclosure statement; contents; exceptions 1. In addition to other statements and reports required by law, every local public officer, as a matter of public record, shall file with the town clerk on a form prescribed by the town clerk a verified financial disclosure statement covering the preceding calendar year ending December 31. The statement shall disclose: a. The name and home or work address of the local public officer, whether the local public officer's spouse is a member of the local public officer's household, the number of minor children who are members of the local public officer's household and all names and addresses under which each does business. If disclosure of the identity of the local public officer's spouse or minor child would otherwise be required, a local public officer may comply with the identification requirement by using the term "spouse" or "minor child," as applicable. b. The name and address of each employer and of each other source of compensation other than gifts amounting to more than $1,000.00 received during the preceding calendar year by the local public officer and members of his or her household in their own names, or by any other person for the use or benefit of the local public officer or members of his or her household, a description of the services for which the compensation was received and the nature of the employer's business. This paragraph shall not be construed to require the disclosure of 00070191.DOCX /3 Resolution No. 2021-113 - 2 - 8/2/2021 DU/JF individual items of compensation that constituted a portion of the gross income of the business from which the local public officer or members of his or her household derived compensation. C. For a controlled business, a description of the goods or services provided by the business, and if any single source of compensation to the business during the preceding calendar year amounts to more than $10,000.00 and is more than 25% of the gross income of the business, the disclosure shall also include a description of the goods or services provided to the source of compensation. For a dependent business the statement shall disclose a description of the goods or services provided by the business and a description of the goods or services provided to the source of compensation from which the dependent business derived the amount of gross income described in paragraph A(4). If the source of compensation for a controlled or dependent business is a business, the statement shall disclose a description of the business activities engaged in by the source of compensation. d. The names and addresses of all businesses and trusts in which the local public officer or members of his or her household, or any other person for the use or benefit of the local public officer or members of his or her household, had an ownership or beneficial interest of over $1,000.00 at any time during the preceding calendar year, and the name and addresses of all businesses and trusts in which the local public officer or any member of his or her household held any office or had a fiduciary relationship at any time during the preceding calendar year, together with the amount or value of the interest and a description of the interest, office or relationship. e. All real property interests and real property improvements, including specific location and approximate size, located in the Town of Marana, in which the local public officer, any member of his or her household or a controlled or dependent business held legal title or a beneficial interest at any time during the preceding calendar year, and the value of any such interest, except that this paragraph does not apply to a real property interest and improvements thereon used as the primary personal residence or for the personal recreational use of the local public officer. If a local public officer, any member of his or her household or a controlled or dependent business acquired or divested any such interest during the preceding calendar year, he or she shall also disclose that the transaction was made and the date it occurred. If the controlled or dependent business is in the business of dealing in real property interests or improvements, disclosure need not include individual parcels or transactions as long as the aggregate value of all parcels of such property is reported. 00070191.DOCX /3 Resolution No. 2021-113 - 3 - 8/2/2021 DU/JF f. The names and addresses of all creditors to whom the local public officer or members of his or her household, in their own names or in the name of any other person, owed a debt of more than $1,000.00 or to whom a controlled business or dependent business owed a debt of more than $10,000.00 which was also more than 30% of the total business indebtedness at any time during the preceding calendar year, listing each such creditor. This paragraph shall not be construed to require the disclosure of debts owed by the local public officer or any member of his or her household resulting from the ordinary conduct of a business other than a controlled or dependent business. Nor shall disclosure be required of credit card transactions, retail installment contracts, debts on residences or recreational property exempt from disclosure under paragraph B(1)(e), debts on motor vehicles not used for commercial purposes, debts secured by cash values on life insurance or debts owed to relatives. It is sufficient disclosure of a creditor if the name and address of a person to whom payments are made is disclosed. If the local public officer, and any member of his or her household or a controlled or dependent business incurred or discharged a debt which is reportable under this paragraph during the preceding calendar year, the report shall disclose that the transaction was made and the date it occurred. g. The identification and amount of each debt exceeding $1,000.00 owed at any time during the preceding calendar year to the local public officer and members of his or her household in their own names, or to any other person for the use or benefit of the local public officer or any member of his or her household. The disclosure shall include the identification and amount of each debt exceeding $10,000.00 to a controlled business or dependent business which was also more than 30% of the total indebtedness to the business at any time during the preceding calendar year. This paragraph shall not be construed to require the disclosure of debts from the ordinary conduct of a business other than a controlled or dependent business. If the local public officer, any member of his or her household or a controlled or dependent business incurred or discharged a debt which is reportable under this paragraph during the preceding year, the report shall disclose that the transaction was made and the date it occurred. h. The name of each source of any gift, or accumulated gifts from a single source, of more than $500.00 received by the local public officer and members of his or her household in their own names during the preceding calendar year, or by any other person for the use or benefit of the local public officer or any member of his or her household except gifts received by will or by virtue of intestate succession, or received by 00070191.DOCX /3 Resolution No. 2021-113 - 4 - 8/2/2021 DU/JF way of distribution from any inter vivos or testamentary trust established by a spouse or by an ancestor, of gifts received from any other member of the household or relatives to the second degree of consanguinity. Travel -related expenses and political campaign contributions shall not be construed as gifts if otherwise publicly reported as required by law. L A list of all business licenses issued, by the Town of Marana or by any other governmental agency which requires for its issuance the consideration of the application for such license by the town council of the Town of Marana, to, held by or in which the local public officer or any member of his or her household had an interest at any time during the preceding calendar year, including the name in which the license was issued, the type of business and its location. j. A list of all bonds, together with their value, issued by the Town of Marana, any industrial development authority of the Town or any nonprofit corporation organized or authorized by the Town and held at any time during the preceding calendar year by the local public officer or any member of his or her household, which bonds issued by a single entity had a value in excess of $1,000.00. If the local public officer or any member of his or her household acquired or divested any bonds during the preceding calendar year which are reportable under this paragraph, the fact that the transaction occurred and the date shall also be shown. k. The name of each meeting, conference or other event where the local public officer is participating in the local public officer's official capacity if travel -related expenses of $1,000.00 or more were incurred on behalf of the local public officer and the travel -related expenses are not paid by the local public officer. 2. If an amount or value is required to be reported pursuant to paragraph B, it is sufficient to report whether the amount or value of the equity interest falls within: a. Category 1, $1,000.00 to $25,000.00. b. Category 2, more than $25,000.00 to $100,000.00. C. Category 3, more than $100,000.00. 3. Paragraph B does not require the disclosure of any information that is privileged by law. 4. The statement required to be filed pursuant to paragraph B(1) shall be filed by all persons who qualified as local public officers at any time during the preceding calendar year on or before January 31 of each year, with the exceptions that a local public officer appointed to fill a vacancy shall, within 60 days following 00070191.DOCX /3 Resolution No. 2021-113 - 5 - 8/2/2021 DU/JF his or her taking of such office, file a financial disclosure statement covering as his or her annual period the 12 -month period ending with the last full month prior to the date of his or her taking office, and a local public officer whose final term expires less than 31 days into the immediately following calendar year may file the local public officer's final financial disclosure at the same time as the disclosure for the last immediately preceding year. 5. The town clerk shall prepare written guidelines, forms and samples for completing the financial disclosure statement required by paragraph B. A copy of the guidelines, forms and samples shall be distributed to each local public officer and shall be made available to each candidate required to file a financial disclosure statement pursuant to paragraph C below. 6. Any statements that are required to be filed by a local public officer pursuant to this resolution adopted pursuant to A.R.S. § 38-545 may be filed in an electronic format as prescribed by the secretary of state. C. Duty to file financial disclosure statement by candidate for local public office. A candidate for local public office shall file a financial disclosure statement covering the preceding 12 -month period and containing the information described in paragraph B on a form prescribed by the town clerk at the time of filing nomination papers. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of August, 2021. Mayor Ed Honea ATTEW APPROVED AS TO FORM: Cherry Law n, Town Clerk Jain Fairall, Town Attorney A NA AZ ESTABL ISHED 1977 00070191.DOCX /3 Resolution No. 2021-113 - 6 - 8/2/2021 DU/JF