HomeMy WebLinkAboutRES 83-64RESOLUTION NO.83-64
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,PRESCRIBING STANDARDS OF FINANCIAL
DISCLOSURE FOR LOCAL ELECTED OFFICIALS.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AS FOLLOWS:
WHEREAS,pursuant to the provisions of Section 38-545,Arizona
Revised Statutes,as amended,the Apache Junction City Council i s 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 Apache Junction City Council has determined that the
standards of financial disclosure hereinafter adopted are,with respect to
the City of Apache Junction,consistent with standards of financial dis-
closure within the meaning of Section 38-545,Arizona Revised Statutes.
NOW,THEREFORE,BE IT RESOLVED BY THE Mayor and City Council of
the City of Apache Junction,Arizona,that the following standards of
financial disclosure for local elected officials are hereby adopted:
Section I :DEFINITIONS.In this resolution,unless the context
otherewise 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 i n 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 i n 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 equivalent consideration and not provided to members of
the public at large.
6."Local public officer"means a person holding an elective office
of the City of Apache Junction.
7."Member of household" means a local public officer's spouse and
any minor child of whom the local public officer has legal
custody.
Section II:DUTY TO FILE FINANCIAL DISCLOSURE STATEMENT;CONTENTS;
EXCEPTIONS.
A.In addition to other statements and reports required by law,every
local public officer,as a matter of public record,shall file with the City
Clerk on a form prescribed by the City Clerk a verified financial disclosure
statement covering the preceding calendar year ending December 31.The
Resolution No.83-64
Page One of Five
statement shall disclose:
1.The name and address of the local public officer and each
member of 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 of his 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 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 household derived compensation.
3.For a controlled business,a description of the goods or
services provided by the business,and i f any single source
of compensation to the business during the preceding calendar
year amounts to more than ten thousand dollars and i s more
than twenty-five percent 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 i n Section I ,paragraph
4.I f the source of compensation for a controlled or depen-
dent business i s a business,the statement shall disclose a
description of the business activities engaged i n by the
source of compensation.
4.The names and addresses of all businesses and trusts i n
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 of over one thousand dollars 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 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.
5.All real property interests and real property improvements,
including specific location and approximate size,located
in the City of Apache Junction,i n which the local public
officer,any member of his 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 household or a
controlled or dependent business acquired or divested any
such interest during the preceding calendar year,he shall
also disclose that the transaction was made and the date i t
occurred.I f the controlled or dependent business i s i n the
business of dealing in real property interests or improve-
ments,disclosure need not include individual parcels or
transactions as long as the aggregate value of all parcels
of such property i s reported.
Resolution No.83-64
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6.The names and addresses of all creditors to whom the
local public officer or members of his household,i n
their own names orinithenameof 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 more than ten thousand dollars which was also
more than thirty percent of the total business indebt-
edness 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
household resulting from the ordinary conduct of a
business other than a controlled or dependent business.
Nor shall disclosure be required of credit card trans-
actions,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 values on life
insurance or debts owed to relatives.I t i s sufficient
disclosure of a creditor i f the name and address of a
person to whom payments are made i s disclosed.I f the
local public officer,any member of his household or a
controlled or dependent business incurred or discharged
a debt which i s reportable under this subsection during
the preceding calendar year,the report shall disclose
that the transaction was made and the date i t occurred.
7.The identification and amount of each debt exceeding one
thousand dollars owed at any timeAuring the preceding
calendar year to the local public officer'and member of
his household i n 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.I f the local public officer,any
member of his household or a controlled or dependent
business incurred or discharged a debt which i s reportable
under this subsection during the preceding year,the report
shall disclose that the transaction was made and the date
i t occurred.
8.The name of each source of any gift,or accumulated gifts
from a single source,of more than five hundred dollars
received by the local public officer and members of his
household i n 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 household except
gifts received by will 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 from any other member of the household or
relatives to the second degree of consanguinity.Political
campaign contributions shall not be construed as gifts if
otherwise publicly reported as political campaign contributions
as required by law.
9.A list of all business licenses issued,by the City of Apache
Junction,or by any other governmental agency which requires
for its issuance the consideration of the application for
such license by the City Council of the City of Apache Junction,
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 i n which the
Resolution No.83-64
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license was issued,the type of business and its
location.
10.A list of all bonds,together with their value,
issued by the City of Apache Junction,any industrial
development authority of the city or town or any non-
profit 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 i n excess of one thousand dollars.I f 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 date shall also be
shown.
B.I f an amount or value i s required to be reported pursuant to
this section,i t i s sufficient to report whether the amount or value of
the equity interest falls within:
1.Category 1,one thousand dollars to twenty-five thousand
dollars.
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 an information
that i s privileged by law.
D.The statement required to be filed pursuant to subsection A
shall be filed by all person 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
fi ll a vacancy shall,within sixty days following his taking •of such office,
file a financial disclosure statement 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 City Clerk shall prepare written guidelines,forms and
samples for completing the financial 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 III:DUTY TO FILE FINANCIAL DISCLOSURE STATEMENT BY
CANDIDATE FOR LOCAL PUBLIC OFFICE.
A candidate for local public office as specified i n Section I ,
paragraph 6,shall file a financial disclosure statement covering the
preceding twelve month period and containing the information described
i n Section I I on a form prescribed by the City Clerk at the time of
filing nomination papers.
Section IV:This resolution shall become effective on the 6th
day of December,1983.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS 6TH DAY OF DECEMBER ......,1983.
Resolution No.83-64
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ATTEST:
Wendell J.Cla
Mayor
Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
Davia F.Alexander
0...••A l multyAttorney
Resolution No.83-64
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