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The Levine Act

DECLARATION OF CAMPAIGN CONTRIBUTIONS

Some Beginning Definitions:
License, permit, or other entitlement:
   a. All business, professional, trade and land use licenses and permits.
   b. All other entitlements for land use.
   c. All contracts (except competitively bid, labor, or personal employment contracts.)

Officer:
   a. Any elected or appointed member of an agency.
   b. Any alternate to an elected or appointed officer of an agency.
   c. Any candidate for elected office in an agency.

Agency: any state agency or local government agency.

Party: means any individual or entity that files for a license, permit, or other entitlement.

Participant: Is any individual or entity that actively supports or opposes a particular decision in a proceeding involving an application for a license, permit, or other entitlement if:
   a. The individual or entity has a significant financial interest in the decision in the proceeding, and
   b. The individual or entity, directly or through an agent, does any of the following:
1. Communicates directly, either in person or in writing, with a member of the Commission and/or Council, for the purpose of influencing the member's vote on the application.
2. Communicates with an employee of the Commission and/or Council, for the purpose of influencing a vote on the application; or
3. Testifies or makes an oral statement before or during a proceeding on a license, permit, or other entitlement for the purpose of influencing the decision.

Under the Levine Act an Officer is prohibited from voting on a license, permit or other entitlement, if he or she has received campaign contributions in excess of $250 from the following:
   Individuals and/or Entities Effected:
   a. A Party or Participant.
   b. A Proponent or Opponent,
   c. Their agents, employees, or family.

In the event of such contributions, an Officer must disqualify him or herself from voting on the license, permit, or other entitlement. Failure to do so may lead to revocation of the license, permit, or other entitlement.

Timing:
   a. No Officer of an Agency shall participate in making or attempt to influence the decision in a proceeding involving a license, permit, or other entitlement, if the Officer has received a contribution of more than $250 from any party or participant within the preceding 12 months.
   b. No Officer shall accept or solicit a contribution of more then $250 from any party or participant during a proceeding and for three months following the date, a final decision is made by the Agency.

Return of a Contribution: If an Officer receives a contribution which would disqualify them, they may return the contribution within 30 days, from the time they know, or should have known, about both the contribution and proceeding. If the Officer does return the contribution within 30 days, the Officer is permitted to participate in the proceeding.