Resolution 2571
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RESOLUTION NO. 2571
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A RESOLUTION OF THE BOARD OF DIRECTORS OF
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ADOPTING A CONFLICT OF INTEREST CODE AND
AUTHORIZING THE FILING THEREOF WITH THE EL DORADO COUNTY CLERK
AND SUPERSEDING RESOLUTION NO. 2542
BE IT RESOLVED, by the Board of Directors of the South
6 Tahoe Public Utility District, County of El Dorado, State of
7 California, as follows:
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1. Notice of a Public Hearing for the adoption of a
9 Conflict of Interest Code as amended and updated as of the date
10 of this Resolution for South Tahoe Public Utility District was
11 given by Publication in the Tahoe Daily Tribune at the times set
12 forth in the Applicant of Publication on file with the Clerk
13 attached to this Resolution.
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2. All officers and designated employees of the South
15 Tahoe Public Utility District affected by the Code and the
16 Appendix have been notified and received copies of the Conflict
17 of Interest Code and Appendix. After the Public Hearing as so
18 noticed, and there being no oral or written comments received,
19 the Board of Directors takes the action by this Resolution
20 hereafter set forth.
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3. The present form of the Conflict of Interest Code
22 for State and local agencies as set forth by the Fair Political
23 Practices commission is hereby adopted as the Conflict of
24 Interest Code for South Tahoe Public utility District, a copy of
25 which is attached to this Resolution and made a part hereof.
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RESOLUTION NO. 2571 - Page 2
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The Appendix for South Tahoe Public utility
3 District to said Conflict of Interest Code, adopted by this
4 Resolution, setting forth the Disclosure Categories and Designat-
5 ed Employee Positions is attached to said Code and made a part of
6 the Code.
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5. The Board of Directors authorizes a certified copy
8 of this Resolution and the Code, including the Appendix, be
9 submitted to the El Dorado County Clerk, Elections Department,
10 for review and County approval in accordance with the applicable
II Government Code and Fair Political Practices Commission regula-
12 tions.
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This Resolution supersedes Resolution No. 2542,
adopted February 8, 1991.
16 PASSED AND ADOPTED at a duly held Regular Meeting of
17 the Board of Directors of the South Tahoe Public utility District
18 on the 17th day of September, 1992 by the following vote:
19 AYES: Directors Pierini, Onysko, Mosbacher, Wallace, Mason
20 NOES: None
21 ABSENT: None
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ABSTAIN: None
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LOU PIERINI, C AIRMAN OF THE BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST: fl..t-a. ~~
PAT A. MAMATH,CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
February 8, 1991
REVISED: 9/17/92
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CONFLICT OF INTEREST CODE FOR THE
SOUTH TAHOE PUBLIC UTILITY DISTRICT
The Political Reform Act, Government Code Section 81000, et
sea., requires state and local government agencies to adopt and
promulgate conflict of interest codes.
The Fair Policital Prac-
tices Commission has adopted a regulation, 2 Cal. Code of Reg.
section 18730, which contains the terms of a standard conflict of
interest code.
It can be incorporated by reference and may be
amended by the Fair Political Practices commission after public
notice and hearings to conform to amendments in the Regulations
section 18730 and any amendments to it duly adopted by the Fair
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Pol i tical Practices Commission are hereby incorporated by
reference and, along with the attached Appendix in which members
and employees are designated and disclosure categories are set
forth, constitute the conflict of interest code of the South
Tahoe Public Utility District.
Pursuant to section 4 (A) of the standard code, Board Mem-
bers, General Manager and designated employees of South Tahoe
Public utility District shall file statements of economic inter-
ests with the Clerk of the District.
Upon receipt of the state-
ments of the South Tahoe Public utility District Board Members,
and General Manager, the Clerk of the District shall make and
retain a copy of each statement and forward the original of these
statements to the El Dorado County Elections Department. State-
~ ments for all other designated employees will be retained by the
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District Clerk. The District Clerk shall make all statements of
economic interests available for Public inspection and reproduc-
tion.
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(Regulation of the Fair Political Practices Commission, Title 2,
Division 6 of the California Code of Regulations)
18730.
provisions of Conflict of Interest Codes
(a) Incorporation by reference of the terms of this
regulation along with the designation of employees and the
formulation of disclosure categories in the Appendix referred to
below constitute the adoption and promulgation of a conflict of
interest code within the meaning of Government Code Section 87300
or the amendment of a conflict of interest code within the meaning
of Government Code section 87306 if the terms of this regulation
are substituted for terms of a conflict of interest code already
in effect. A code so amended or adopted and promulgated requires
the reporting of reportable items in a manner substantially
equivalent to the requirements of Article 2 of Chapter 7 of the
Political Reform Act, Government Code sections 81000, et seq. The
requirements of a conflict of interest code are in addition to
other requirements of the Political Reform Act, such as the
general prohibition against conflicts of inter8st contained in
Government Code Section 87100, and to other state or local laws
pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or
adopted and promulgated pursuant to this regulation are as
follows:
(1) Section 1.
Definitions.
The defin~tions contained in the Political Reform
Act of 1974, regulations of the Fair Political Practices
Commission (2 Cal. Code of Regs. Sections 18100, et
seq.), and any amendments to the Act or regulations, are
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incorporated by reference into this conflict of interest
code.
(2)
section 2.
Desiqnated Emplovees.
The persons holding positions listed in the
Appendix are designated employees.
It has been
determined that these persons make or participate in the
making of decisions which may foreseeably have a
material effect on financial interests.
(3) section 3. Disclosure cateaories.
This C~ode does not establish any disclosure
obligation for those designated employees who are also
specified in Government Code Section 87200 if they are
designated in this code in that same capacity or if the
geographical jurisdiction of this agency is the same as
or is wholly included within the jurisdiction in which
those persons must report their financial interests
pursuant to Article 2 of Chapter 7 of the Political
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Reform Act, Government Code sections 87200, et ~.
Such persons are covered by this code for
disqualification purposes only. With respect to all
other designated employees, the disclosure categories
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Designated employees who are required to file statements of
economic interests under any other agency's C~onflict of Ilnterest
C~ode, or under Article 2 for a different jurisdiction, may expand
their statement of economic interests to cover reportable
interests in both jurisdictions, and file copies of this expanded
statement with both entities in lieu of filing separate and
distinct statements, provided that each copy of such expanded
statement filed in place of an original is signed and verified by
the designated employee as if it were an original. See Government
Code Section 81004.
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set forth in the Appendix specify which kinds of
financial interests are reportable. Such a designated
employee shall disclose in his or her statement of
economic interests those financial interests he or she
has which are of the kind described in the disclosure
categories to which he or she is assigned in the
Appendix.
It has been determined that the financial
interests set forth in a designated employee's
disclosure categories are the kinds of financial
interests which he or she foreseeably can affect
materially through the conduct of his or her office.
(4) Section 4. Statements of Economic-Interests:
Place of Filinq.
The code reviewing body shall instruct all
designated employees within its code to file statements
of economic interests with the agency or with the code
reviewing body, as provided by the code reviewing body
in the agency's conflict of interest code.2
(5) Section 5. Statements of Economic Interests:
Time of Filinq.
(A) Initial Statements. All designated
employees employed by the agency on the effective
date of this code, as originally adopted,
promulgated and approved by the code reviewing
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See Government Code Section 81010 and 2 Cal. Code of Regs.
Section 18115 for the duties of filing officers and persons in
agencies who make and retain copies of statements and forward the
originals to the filing officer.
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body, shall file statements within 30 days after
the effective date of this code. Thereafter, each
person already in a position when it is designated
by an amendment to this code shall file an initial
statement within 30 days after the effective date
of the amendment.
(B) Assuminq Office Statements. All persons
assuming designated positions after the effective
date of this code shall file statements within 30
days after assuming the designated positions, or if
subject to state Senate confirmation, 30 days after
being nominated or appointed.
(e) Annual statements. All designated
employees shall file statements no later than
April 1.
(D) Leavinq Office Statements. All persons
who leave designated positions shall file
statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resiqn
30 Davs After Appointment.
Persons who resign within 30 days of initial
appointment are not deemed to have assumed office or
left office provided they did not make or participate in
the making of, or use their po~ition to influence any
decision and did not receive or become entitled to
receive any form of payment as a result of their
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appointment. Such persons shall not file either an
assuming or leaving office statement.
(6) Section 6. Contents of and Period Covered bv
Statements of Economic Interests.
(A) Contents of Initial Statements.
Initial statements shall disclose any
reportable investments, interests in real property
and business positions held on the effective date
of the code and ~ncome received during the 12
months prior to the effective date of the code.
(B) Contents of Assuminq Office Statements.
Assuming office statements shall disclose any
reportable investments, interests in real property
and business positions held on the date of assuming
office or, if subject to State Senate confirmation
or appointment, on the date of nomination, and
income received during the 12 months prior to the
date of assuming office or the date of being
appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual
statements shall disclose any reportable
investments, interests in real property, ~ncome and
business positions held or received during the
previous calendar year provided, however, that the
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period covered by an employee's first annual
statement shall begin on the effective date of the
code or the date of assuming office whichever is
later.
(D) Contents of Leavinq Office Statements.
Leaving office statements shall disclose reportable
investments, interests in real property, income and
business positions held or received during the
period between the closing date of the last
statement filed and the date of leaving office.
(7) section 7. Manner of Reportinq.
statements of economic interests shall be made on
forms prescribed by the Fair Political Practices
commission and supplied by the agency, and shall contain
the following information:
(A)
Investments and Real Property Disclosure.
When an investment or an interest in real property)
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is required to be reported, the statement shall
contain the following:
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For the purpose of disclosure only (not disqualification), an
interest in real property does not include the principal residence
of the filer.
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Investments and interests in real property wh~ch have a fa~r
market value of less than $1,000 are not investments and interests
in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an
individual include those held by the individual's spouse and
dependent children as well as a pro rata share of any investment
or interest in real property of any business entity or trust in
which the individual, spouse and dependent children own, in the
aggregate, a direct, indirect or beneficial interest of 10 percent
or greater.
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1. A statement of the nature of the
investment or interest;
2. The name of the business entity in
which each investment is held, and a general
description of the business activity in which
the business entity is engaged;
3. The address or other precise location
of the real property;
4. A statement whether the fair market
value of the investment or interest in real
property exceeds one thousand dollars
($1,000), exceeds ten thousand dollars
($10,000), or exceeds one hundred thousand
dollars ($100,000).
(B) Personal Income Disclosure. When
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personal income is required to be reported, the
statement shall contain:
1. The name and address of each source
of income aggregating two hundred fifty
dollars ($250) or more in value or fifty
dollars ($50) or more in value if the income
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A designated employee's income includes his or her community
property interest in the income of his or her spouse but does not
include salary or reimbursement for expenses received from a
state, local or federal government agency.
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was a gift, and a general description of the
business activity, if any, of each source;
2. A statement whether the aggregate
value of income from each source, or in the
case of a loan, the highest amount owed to
each source, was one thousand dollars ($1,000)
or less, greater than one thousand dollars
($1,000), or greater than ten thousand dollars
($10,000);
3. A description of the consideration,
if any, for which the income was received;
4. In the case of a gift, the-name,
address and business activity of the donor and
any intermediary through which the gift was
made; a description of the gift; the amount or
value of the gift; and the date on which the
gift was received;
5. In the case of a loan, the annual
interest rate and the security, if any, given
for the loan.
( C)
Business Entitv Income Disclosure.
When
income of a business entity, including income of a
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sole proprietorship, is required to be reported~
the statement shall contain:
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Income of a business entity is reportable if the direct,
indirect or beneficial interest of the filer and the filer's
spouse in the business entity aggregates a 10 percent or greater
interest. In addition, the disclosure of persons who are clients
or customers of a business entity is required only if the clients
or customers are within one of the disclosure categories of the
filer.
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1. The name, address, and a general
.description of the business activity of the
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business entity;
2. The name of every person from whom
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the business entity received payments if the
filer's pro rata share of gross receipts from
such person was equal to or greater than ten
thousand dollars ($10,000).
(D) Business Position Disclosure. When
business positions are required to be reported, a
designated employee shall list the name and address
of each business entity in which he or she is a
director, officer, partner, trustee, employee, or
in which he or she holds any position of
management, a description of the business activity
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in which the business entity is engaged, and the
designated employee's position with the business
entity.
(E) Acauisition or Disposal Durinq Reoortina
Period. In the case of an annual or leaving office
statement, if an investment or an interest in real
property was partially or wholly acquired or
disposed of during the period covered by the
statement, the statement shall contain the date of
acquisition or disposal.
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(8) Section 8. Disqualification.
No designated employee shall make, participate in
making, or in any way attempt to use his or her official
position to influence the making of any governmental
decision which he or she knows or has reason to-know
will have a reasonably foreseeable material financial
effect, distinguishable from its effect on the public
generally, on the official or a member of his or her
immediate family or on:
(A) Any business entity in which the
designated employee has a direct or indirect
investment worth one thousand dollars (~l,OOO) or
more;
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(B) Any real property in which the designated
employee has a direct or indirect interest worth
one thousand dollars ($l,OOO) or more;
(C) Any source of income, other than gifts
and other than loans by a commercial lending
institution in the regular course of business on
terms available to the public without regard to
official status, aggregating two hundred fifty
dollars ($250) or more in value provided to,
received by or promised to the designated employee
within 12 months prior to the time when the
decision is made;
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(D) Any business entity ~n which the
designated employee is a director, officer,
partner, trustee, employee, or holds any position
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of management; or
(E) Any donor of, or any intermediary or
agent for a donor of, a gift or gifts aggregating
$250 or more in value provided to; received by, or
promised to the designated employee within 12
months prior to the time when the decision ~s made.
of this section, indirect ~
means any ~nvestment or ~n-
(F) For purposes
investment or interest
terest owned by the spouse or dependent child of a
public offi~ial, by an agent on behalf of a public
official, or by a business entity or trust in which
the official, the official's agents, spouse, and
dependent children own directly, indirectly, or
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beneficially a lO-percent interest or greater.
(8.3)
Section 8.3.
Leaallv Reauired
Particination.
No designated employee shall be prevented from
making or participating in the making of any decision to
the extent his or her participation is legally required
for the decision to be made.
The fact that the vote of
a designated employee who is on a voting body is needed
to break a tie does not make his or her participation
legally required for purposes of this section.
(B. 5)
Section 8.5.
Disaualification of State
Officers and Emolovees.
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In addition to the general disqualification
provisions of Section 8, no state administrative
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official shall make, participate in making, or use ~is
or her official position to influence any governmental
decision directly relating to any contract where the
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state administrative official knows or has reason to
know that any party to the contract 1S a person with
whom the state administrative official, or any member of
his or her imrnedia te family has, wi thi-n 12 months prior
to the time when the official action 1S to be taken:
(A) Engaged in a business transaction or
transactions on terms not available to members of
the public, regarding any investment or interest in
real property; or
(B) Engaged 1n a business transaction or
transactions on terms not available to members of
the public regarding the rendering of goods or
services totaling in value one thousand dollars
($1,000) or more.
(9) section 9. Manner of Disaualification.
When a designated employee determines that he or
she should not make a governmental decision because he
or she has a disqualifying interest in it, the
determination not to act must be accompanied by
disclosure of the disqualifying interest. In the case
of a voting body, this determination and disclosure
shall be made part of the agency's official record; 1n
the case of a designated employee who is the head o~ an
agency, this determination and disclosure shall be made
in writing to his or her appointing authority; and in
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the case of other desigpated employees, this
determination and disclosure shall be made in writing to
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the designated employee's supe~isor.
(10) section 10. Assistance of the Commission and
Counsel"
Any designated employee who is unsure of his or her
duties under this code may request assistance from the
Fair Political Practices commission pursuant to
Government Code Section 83114 or from the attorney for
his or her agency, provided that nothing in this section
requires the attorney for the agency to issue any formal
or informal opinion.
(11) Section 11. Violations.
This code has the force and effect of law.
Designated employees violating any provision of this
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code are subject to the administrative, criminal and
civil sanctions provided in the Political Reform Act,
Government Code Sections 81000 - 91014.
In addition, a
decision in relation to which a violation of the
disqualification provisions of this code or of
Government Code Section 87100 or 87450 has occurred may
be set aside as void pursuant to Government Code Section
9-100].
Note: Authority cited: Section 83112, Government Code.
Reference: Sections 87300-87302, Government Code.
History:
(1) New Section filed 4/2/80 as an emergency; effective
upon filing.
(2) Editorial correction
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( 3) Amendment of subsection (b) filed 1/9/81: effective
thirtieth day thereafter
'-' (4 ) Amendment of subsection (b) (7) (B) l. filed 1/26/83;
effective thirtieth day thereafter
(5) Amendment of subsection (b) (7) (A) filed 11/10/83 :
effective thirtieth day thereafter
(6) Amendment filed 4/13/87; operative 5/13/87
(7) Amendment of subsection (b) filed 10/21/88 ;
operative 11/10/88
(8 ) Amendment filed 8/28/90; operative 9/27/90.
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REVISED: 9/17/92
SOUTH TAHOE PUBLIC UTILITY DISTRICT
CONFLICT OF INTEREST CODE
APPENDIX A
Designated Employee positions
The Designated employees whose duties are broad and undefinable may
involve contracting or purchasing, regulatory powers, and invest-
ments,
Directors
General Manager
Assistant Manager/Engineer
Finance Officer
Clerk of Board/Grand Administrator
Accountant
Construction Manager
purchasing Agent
Associate Engineer
Wastewater Operations Manager
Maintenance Manager
Water Operations Manager
Land Application Manager
Customer Service Manager
Data Processing Manager
Staff Engineer
Human Resources Director
Public Information Officer
Specialized Consultant
The Special Consultants employed by the District in a decision-
making capacity shall make such disclosure as the General Manager
or Assistant General Manager shall determine, if any, is required
by any particular consultant on any particular task order of
employment. Any disclosure determined by the General Manager or
Assistant General Manager as required shall then comply with
Category 8 and other Disclosure Category or Categories as the
General Manager and Assistant General Manager shall determine
applicable.
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CATEGORY 1:
CATEGORY 2:
CATEGORY 3:
CATEGORY 4:
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CATEGORY 5:
CATEGORY 6:
CATEGORY 7:
CATEGORY 8:
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February 8, 1991
APPENDIX B
DISCLOSURE CATEGORIES
Investments, business positions in business
entities, and sources of income, of the type
which contract with the agency to supply
materials, commodities, supplies, books,
machinery, vehicles, or equipment utilized
by the agency.
Investments, business positions in business
entities, and sources of income, which are
contractors or subcontractors, engaged in the
performance of work or services of the type
utilized by the agency, including, but not
limited to, insurance companies, carriers,
holding companies, underwriters, agents, or
accounting firms.
Investments, business positions in business
entities, and sources of income, which have
filed claims against the agency.
Investments, business positions in business
entities, and sources of income from banks
and savings and loans.
Investments, business positions in business
entities, and sources of incQIDe which are of the
type in which the authority is empowered to
invest its funds. .
All interests in real property located within
the jurisdiction of the agency or within two
miles of its boundaries.
All investments in, and sources of income from
business entities doing business within the
jurisdiction of South Tahoe Public Utility
District. All investments and sources of
income from business entities having done business
within the jurisdiction of said District during
the past two years, all investments and sources
of income from business entities planning to do
business within the jurisdiction of said
District, and all other sources of income
within the jurisdiction of said District.
Specialized Consultant investments, interests
within the Agency or within two miles of its
boundaries, investments and sources of income
from business entities within the District during
past two years and investments and sources of
income of business entities within the District.
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