Council Economic Interests

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Background

Under the Political Reform Act of 1974, California public officials are required, under penalty of perjury, to disclose financial information annually in order to avoid conflicts of interest. These disclosures are governed by the California Fair Political Practices Commission. Additional information about the FPPC can be found on [Wikipedia's entry.

Enforcement

Complaints about potential violations can be reported to the FPPC Enforcement Division.

Berkeley Implementation

All government agencies are required to implement a Conflict of Interest Code. Berkeley's Conflict of Interest Code is posted on the city website. The designated filers and the types of economic interests they must disclose are listed in the Complete Conflict of Interest Code. Officials are notified by mail of their duty to provide a disclosure.

Under the code, the Council, Mayor, Chief of Staff, Assistant to the Mayor, Legislative Assistants, and Administrative Assistants are subject to the highest category of disclosure (Category 1), which requires:

Designated employees assigned to this category shall disclose all business entities and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

(Non-profit disclosures are a Berkeley addition to the state's requirements).

Economic Interests of Spouses and Domestic Partners are also subject to reporting

These officials are also required to report 50% of the income of a spouse or domestic partner, as well as any community property, such as investments and real property.

Income generally includes earned income such as salary or wages; gifts; reimbursements of expenses; proceeds from sales, regardless of whether a profit was made; certain loans; and monetary or nonmonetary benefits, whether tangible or intangible. (§ 82030, subd. (a).) Income also includes the official’s community property interest in his or her spouse’s income (the official would meet the $500 threshold if the spouse received $1,000 of income), but does not include dependent children’s income. (In re Cory (1976) 2 FPPC Ops. 48.) 

[emphasis added; source: Office of the Attorney General ]

Prohibitions on Honoraria

The Act prohibits elected state and local officers and candidates and persons specified in section 87200 from receiving payments for making speeches, writing articles, and attending meetings. (§ 89502, subds. (a) & (b).) This is often referred to as the ban on honoraria. Also, members of state boards and state or local designated employees are prohibited from receiving honoraria from any source of income that is required to be reported on the official’s statement of economic interests. (§ 89502, subd. (c).)
Generally, an honorarium is a payment made in consideration for any speech given, article published, or attendance at a public or private conference, convention, meeting, social event, meal, or similar gathering. (§ 89501.) However, the definition excludes certain travel- related payments. (§ 89501, subd. (c).)

[source: Office of the Attorney General]

Exemptions

This is not an exhaustive list. For further details, consult the documentation provided by the Office of the Attorney General.

  • Income from former employers
  • Personal residential property
  • Income from government salaries and benefits (Note: these are available separately)
  • Returned or donated gifts; gifts from close relatives
  • With the exception of gifts, the definition of income does not include payments from a source located outside of the official’s jurisdiction that does not do business in the jurisdiction, does not plan to do so, and has not done so within the past two years. (§ 82030, subd. (a).)

Berkeley City Council Disclosures

Form 700 is the public record of officials' disclosures, signed under penalty of perjury.

2018

These disclosures cover all of 2018 and were filed with a 2019 deadline.

Mayor Jesse Arreguìn

Self

Category Source Amount(s) Notes
Investments (Schedule A-1 && A-2) None Reported
Real Property None Reported
Income, Loans, & Business Positions
Alternate Commissioner, San Francisco Bay Conservation and Development Commission, Stipend for Meeting Attendance $500 - $1,000
Commissioner, Alameda County Transportation Commission, Per Diem for Meeting Attendance $1,001 - $10,000
Vice President, Association of Bay Area Governments, Per Diem for Meeting Attendance $1,001 - $10,000
Director, East Bay Community Energy Authority $1,001 - $10,000
Income, Gifts & Travel Payments
People for the American Way Foundation $191.58 Panel Participation
Charles Koch Institute $226.44 Panel Participation

Spouse or Domestic Partner

None Reported

File:2018 700 Arreguin.pdf

Councilmember Ben Bartlett

Self

Category Source Amount(s) Notes
Investments (Schedule A-1 && A-2) Y Strategies $2,000 - $10,000 Technology Business Development Corporation
Real Property None Reported
Income, Loans, & Business Positions
Of Counsel, Bartlett Law Firm Over $100,000 Sole Proprietorship
Fair Market Value: $100,001 - $1,000,000
Member, Joint Powers Financing Authority No Income - Business Position Only
Senior Director, Briabe Mobile $10,001 - $100,000
Candidate, Ben Bartlett for Berkeley City Council 2016 $10,001 - $100,000
Member, Berkeley Redevelopment Successor Agency No Income - Business Position Only
Director, California Clean Energy Fund $10,001 - $100,000
Councilmember, City of Berkeley $1,001 - $10,000
Loans Received or Outstanding B. Sevinc Mesbah $10,001 - $100,000 Unsecured, no interest rate
Income, Gifts & Travel Payments None Reported

Spouse or Domestic Partner

Bartlett Law Firm entry is marked "Spouse's Income"

File:2018 700 Bartlett.pdf

Councilmember Cheryl Davila

Self

Category Source Amount(s) Notes
Investments (Schedule A-1 && A-2) None Reported
Real Property None Reported
Income, Loans, & Business Positions None Reported
Income, Gifts & Travel Payments US Campaign for Palestinian Rights, Netroots Nation Conference $787.99 Total gift amount from four separate entries, on overlapping dates

Spouse or Domestic Partner

None Reported

File:2018 700 Davila.pdf

Councilmember Lori Droste

Self

Category Source Amount(s) Notes
Investments (Schedule A-1 && A-2)
IBM $100,000 - $1,000,000
General Electric $10,001 - $100,000
Moody's $10,001 - $100,000
Real Property None Reported
Income, Loans, & Business Positions Assistant Professor, Mills College $1,001 - $10,000
Income, Gifts & Travel Payments None Reported


Spouse or Domestic Partner

None Reported

File:2018 700 Droste.pdf

Councilmember Sophie Hahn

Self

Category Source Amount(s) Notes
Investments (Schedule A-1 && A-2) None Reported
Real Property 1130 Shattuck over $1,000,000 Not a rental
Income, Loans, & Business Positions None Reported
Income, Gifts & Travel Payments None Reported

Spouse or Domestic Partner

None Reported

File:2018 700 Hahn.pdf

Councilmember Kate Harrison

Self

Category Source Amount(s) Notes
Investments (Schedule A-1 && A-2) Kate Harrison Consulting Fair Market Value: $10,001 - $100,000
Real Property None Reported
Income, Loans, & Business Positions Regulatory Analyst, City and County of San Francisco Over $100,000
Income, Gifts & Travel Payments None Reported

Spouse or Domestic Partner

None Reported

File:2018 700 Harrison.pdf

Councilmember Rashi Kesarwani

Self

Category Source Amount(s) Notes
Investments (Schedule A-1 && A-2) iRhythm $10,001 - $100,000 Health technology company
Real Property None Reported
Income, Loans, & Business Positions None Reported
Income, Gifts & Travel Payments None Reported

Spouse or Domestic Partner

Category Source Amount(s) Notes
Investments (Schedule A-1 && A-2) None Reported
Real Property None Reported
Income, Loans, & Business Positions Machine Learning Scientist, iRhythm Over $100,000
Income, Gifts & Travel Payments None Reported

File:2018 700 Kesarwani.pdf

Councilmember Rigel Robinson

Self

Category Source Amount(s) Notes
Investments (Schedule A-1 && A-2) None Reported
Real Property None Reported
Income, Loans, & Business Positions
University of California Student Association $1,001 - $10,000
City of Berkeley $1,001 - $10,000
Income, Gifts & Travel Payments None Reported


Spouse or Domestic Partner

None Reported

File:2018 700 Robinson.pdf

Councilmember Susan Wengraf

Self

Category Source Amount(s) Notes
Investments (Schedule A-1 && A-2) None Reported
Real Property 1305 Oxford $10,001 - $100,000 Fair Market Value $100,001 - $1,000,000
Income, Loans, & Business Positions None Reported
Income, Gifts & Travel Payments None Reported


Note in July 2019, the fair market value of Wengraf's rental property should be in the "over $1,000,000" category according to Zillow.

Spouse or Domestic Partner

None Reported

File:2018 700 Wengraf.pdf