Hold discussion regarding the Ethics Review Commission Recommendation Resolution 2021-1, a code amendment to require disclosure of an interest in real property occupied by a City Official or a family member of as a residence.
Item 23: Code Amendment Requiring Disclosure of Interest - Real Property
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JHughson
CoSM Members
Would probably be helpful to include the text of Section 2.463(a)(4) of the Code of Ethics so we know the list of what g) occupant is added. Not everyone knows how to look up the code at Code of Ordinances | San Marcos, TX | Municode Library.
Sec. 2.463. - Information required on financial disclosure statement.
(a) Every person required to file a financial disclosure statement under subsection 2.462(a) or (c) shall include in that statement the following information:
(1) The person's name, the name of each family member and all names under which the person or family members do business.
(2) Identification of each source of income amounting to more than $100.00 received in the reporting periods by the person or family members, stating the name, address, and nature of the source of income and stating the amount of income received; and identification of each option held, owned, acquired or sold during the reporting period, stating the nature of the option, the amount of transaction, and identification of the other parties to the transaction.
(3) Identification of each business entity, nonprofit entity or union in which the person or family member:
a. Was a partner, manager, officer, member of the board of directors, proprietor or beneficiary, during the reporting period, stating the position held; or
b. Had an ownership interest of more than $100.00 at the fair market value at any time during the reporting period, stating the value and a description of that ownership interest; provided that, where the ownership interest includes or consists of shares of stock, the number of shares owned shall be stated together with the number of outstanding shares; and if sold during the reporting period a statement of the net gain or loss realized from the sale.
(4) Identification by street address, legal or lot-and-block description of all real property located within the city and its extraterritorial jurisdiction, together with its fair market value and present use, in which the person or family member has an interest as:
a. Fee simple owner;
b. Beneficial owner;
c. Partnership owner, naming the partners;
d. Joint owner with an individual or corporation, naming them;
e. Board member, officer or the owner of more than five per cent of a corporation that has title to the real property, naming the corporation; or
f. A leaseholder, naming the person or corporation from whom the property is leased and the amounts of annual rental.
g. occupant - WILL GO HERE IF APPROVED
The form shall note whether the person claims a homestead exemption on any real property owned by the person.
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Sec. 2.463. - Information required on financial disclosure statement.
(a) Every person required to file a financial disclosure statement under subsection 2.462(a) or (c) shall include in that statement the following information:
(1) The person's name, the name of each family member and all names under which the person or family members do business.
(2) Identification of each source of income amounting to more than $100.00 received in the reporting periods by the person or family members, stating the name, address, and nature of the source of income and stating the amount of income received; and identification of each option held, owned, acquired or sold during the reporting period, stating the nature of the option, the amount of transaction, and identification of the other parties to the transaction.
(3) Identification of each business entity, nonprofit entity or union in which the person or family member:
a. Was a partner, manager, officer, member of the board of directors, proprietor or beneficiary, during the reporting period, stating the position held; or
b. Had an ownership interest of more than $100.00 at the fair market value at any time during the reporting period, stating the value and a description of that ownership interest; provided that, where the ownership interest includes or consists of shares of stock, the number of shares owned shall be stated together with the number of outstanding shares; and if sold during the reporting period a statement of the net gain or loss realized from the sale.
(4) Identification by street address, legal or lot-and-block description of all real property located within the city and its extraterritorial jurisdiction, together with its fair market value and present use, in which the person or family member has an interest as:
a. Fee simple owner;
b. Beneficial owner;
c. Partnership owner, naming the partners;
d. Joint owner with an individual or corporation, naming them;
e. Board member, officer or the owner of more than five per cent of a corporation that has title to the real property, naming the corporation; or
f. A leaseholder, naming the person or corporation from whom the property is leased and the amounts of annual rental.
g. occupant - WILL GO HERE IF APPROVED
The form shall note whether the person claims a homestead exemption on any real property owned by the person.
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