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Home My WebLink AboutResolution 83-014 Prescribing standards of financial disclosure for local elected officials ',""~.;i~' RESOL'UT[ON NOZ: 83-016- A RESOLUTION OF' THE TOWN' ~UNCIL OF THE TOWN OF MARANA , PIM~OUNTY, ARIZONA PRESCRIBING STANDARDS OF FINANCIAL DISCLOSURE FO~ LOCAL ELECTED OFFICIALS. WHEREAS, pursuant to the provisions of Section 3~~543, Arizona Revised Statutes, 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, the Town Council has determined that the standirds of financial disclosure hereinafter adopted are, with respect to the Town of Marsha , consistent with such standards of financial disclosure within the meaning of Section 3~-54~, Arizona Revised Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF MARANA , PIMA COUNTY, ARIZONA, that the following standards of financial disclosure for focal elected officia[s are hereby adopted: Section l: otherwise requires: DEFINITIONS. In this resolution, unless the context I. "Eusiness" includes any enterprise, organization, trade, occupation or profession, whether Or not operated as a legal entity or for profit, including an)' 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" ~neans any business in which the local public officer or any member of his household has an ownership or beneficial interest, individually or combined, amounting to more than a fifty percent interest. 4. "Dependent business" means any business in which the local public officer or any member of his household has an ownership or beneficial interest, individually or combined, .amounting to more than a ten percent interest, and during the preceding calendar year the business received from a single source more than ten thousand dollars and more than fifty percent of its gross income. 5. "Gift" includes any gratuity, special discount, favor, hospitality, service, economic opportunity, loan or other benefit received without equiva!¢~;[ consideration and not provided to members of the public at large. G. "Local public officer" means a person holding an elective office af the Town of Marana ',, 7. "Member of household" means a local public officer's spouse and any mindr child of whom the local pub{ic officer has legal custody. '~ : .: Section 2:?~'DUT.Y TO;,:PILE .FINANCIAL- DISCLOSURE STATEMENT CONTENTSj~T~O~.. , ' . A. In addit[on to other statements and reports required by law, every local public oifice~, as ~'~atter Of public record, shall ~ile with the To~n Clerk on a form prescrlbed-:~y-'...the Town Clerk a verified flnanc~ disclosure statement coverin~ the:preceding c~dar year ending December 3t. The statement shall disclose:· ' I. The name and address oi the local public officer and each member oi his household and all names and addresses under which each does business. 2. The name and address of each employer and of each other source of compensation other than gifts amounting to more than one thousand dollars received during the preceding calendar year by the local public officer and members of his household in their own names, or by any other person for the use or benefit of the local. public officer or members o( his household, a description of tile 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 individual items o[ compensation that constituted a portion'o£ the gross income of the business from which the local public officer or members of his household derived compensation. 3. 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 ten thousand dollars and is more than twenty-five percent of the gross income of the business, the disclosure shall also include a description oi 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 Section 1, paragraph 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. 4. The names and addresses of oil businesses and trusts in which the local public officer or members of his household, or any other person for the use or benefit of the local public officer or members of his household, had an ownership or beneficial interest o~ over one thousand dollars at any time during the preceding calendar year, and ~he name-and addresses of all businesses and trusts in which the local public ofiicer or any member of his household held any oilice 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, of Iice or relationship. 5. All real property interests and real property improvements, including specific location and approximate size, located in the Town o[ Marann , in which- the local public\ officer, any member of'his household or a controlled or dependent business held legal titlq 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 persona! recreatid6al: use' Of tthe~:[~0[(;~l public .o~ficer;,'~:::If a iota puuiic oz~xcer', any;member o( his household or ~ controlled or dependent:~busmesS ~cqu~red or d~vested;any such interest :durin~ 'the~?p~'~din~' C~end~"~Ye'~r,:~he;:,sh~ll~ais° disclose ~that the transaction w~ m~de andS the date ~t occurred. I~' the controlled or dependent business is in 'the bus]n~s o~ de~ing in re~ property interests or improvements, disclosure need not include individual parcels or transactions as tonE as the aEgregate value o~ ~11 parcels o( such property is reported. 6. The. names and addresses of all creditors to whom the local public officer or members of his household, in their own names or in the name of any other person, owed a. debt of more than one thousand dollars or to whom a controlled business or dependent business owed a debt of mpre than ten thousand dollars. which was also more than thirty percent of the total b~siness 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 focal public o£ficer or any member of his 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 5 of this subsection, debts on motor vehicles not used for commercial purposes; debts secured by cash v~lues on life insurance or debts owed to relatives. It is sufficient disclost~re o! a creditor if the name and address of a person to whom payments are made is disclosed. If the local public officer, any member of his household or a controlled or dependent business incurred or discharged a debt which is reportable under this subsection during the preceding calendar year, the report shall disclose that the transaction was made and the date it occurred. 7. The identification and amount of each debt exceeding one thousand dollars owed at any time during the preceding calendar year to the 1oca~ public officer and member of his 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 household. The disclosure shall include the identification and amount of each debt exceeding ten thousand dollars to a controlled business or dependent business which was also more than thirty percent 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. 1~ the local public officer, any member of his household or a controlled or dependent business incurred or discharged a debt which is reportable under this subsection during the preceding year, the report shah disclose that the transaction was made and the date it occurred. [~ The name of each source of any gift, or accumulated gifts from a single source, of more than five hundred doitors received by the local public officer and members of his household in their own names during the precedin.c calendar year, or by any other person fqr the use 'or benefit of the local public officer or any member of his household except gifts received by wiI[ or by virtue-of intestate succession, or received by way of distribution from any intervivos or testamentary trust established by a spouse or by an ancestor, or gifts received [rom any other member of the household or relatives to the second degree of consanguinity. Political campaign contributions sh'~JI not be construed as gifts ii otherwise pubtidy reported as political campaign contributions as required by law. _M a.._r an a 9. A list of all business licenses issued, by the Town ~;~ , 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 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. 10. A list of all bonds, together with their value, issued by the Town of Marana , any industrial development authority of the city or town or any nonprofit corporation organized or authorized by the city or town held at any time during the preceding calendar year by the local public officer or any member of his household, which bonds issued by a single entity had a value in excess of one thousand dollars. If the local public officer or any member of his 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 da te shall also be shown. B. If an amount or value is required to be reported pursuant to this section, it is sufficient to report whether the amount or value of the equity interest fa1ls within: dollars. 1. Category 1, one thousand doJJars to twenty-five thousand 2. Category 2, more than twenty-five thousand dollars to one hundred thousand dollars. 3. Category 3, more than one hundred thousand dollars. C. This section does not require the disclosure of any information that is privileged by law. D. The statement required to be filed pursuant to subsection /\ 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 sixty days following his taking of such office, file a financial disclosure staternent covering as his annual period the twelve month period ending with the last full month prior to the date of his taking office. E. The Town Clerk shall prepare written guidelines, forms and samples for completing thefinancial disclosure statement required by this section. 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 Section 3 of this resolution. Section 3: DUTY TO FILE FINANCIAL DISCLOSURE STATEMENT BY CANDIDA TE FOR LOCAL PUBLIC OFFICE. A candidate for local public office as specified in Section t, paragraph 6, shall file a financial disclosure staterrlent covering the preceding twelve month period and containing the information described in Section 2 on a form prescribed by the Town Clerk at the time of filing nomination papers. -- Section 4: This resolution shall become effective on the E_~ day of January,1984. Marana 1983. PASSED AND ADOPTED by the Town Council of the Town of Pima County, Arizona, this 12th day of December, APPROVED: Q M~ /...U . . ~ ATTEST: ~ " rdlLL~zLr )~, c:2l&C"-'?(L{ Zt; fTown 9ferk