Form 700

    Form 700 is the Statement of Economic Interest that elected officials, high-level officials, and other people designated by an entities’ conflict of interest code must file disclosing their economic interests.  In a short series, here is a look at the Form 700s (2011/2012) of the San Bernardino Common Council, yesterday looked at the First Ward, Council member Virginia Marquez, and today will look at the Second Ward, Robert Jenkins’ Form 700 for 2011/2012

    Council member Robert David Jenkins filed his 2011/2012 Form 700 with the City Clerk on March 29, 2012.  The California Fair Political Practices Commission received it on April 12, 2012.  The form is mostly typed, which makes sense considering that there is a fill-able PDF available online.

    After the cover page, there are two schedules attached, D and E. Schedule D is for gifts.  Looking at the instructions on the current version of the form (2012/2013), which is not the same as looking at the regulations, the instructions for Schedule D says “A gift is anything of value for which you have not provided equal or greater consideration to the donor.  A gift is reportable if the fair market value is $50 or more.  In addition, multiple gifts totaling $50 or more received during the reporting period from a single source must be reported.”  What was the gift limit in 2011/2012 according to the FPPC?  $420, the same as the current amount.

    Council Member Jenkins’ Schedule D has two gifts outlined.  The first is a gift received March 26, 2011.  This was before Robert Jenkins became a City Council member because the election was July 12, 2011.  The gift came

    from the Community Action Partnerships [sic], 696 S. Tippecanoe Ave., San Bernardino 92415, with no business purpose listed.  The value of the gift is listed by Council member Jenkins as

    This is not the law blog, but to make it clear, the regulations in effect at the time of the disclosure exempted this reported gift as a gift under the regulations, and exempted it from the gift limit:

    2 Cal.Code of Regs. section 18942 (a)(10), in effect for the 2011/2012 Form 700


    § 18942. Exceptions to Gift and Exceptions to Gift Limits.(a) For purposes of Section 82028, none of the following is a gift and none is subject to any limitation on gifts:

    (10) Payments received under a government agency program or a program established by a bona fide charitable organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code designed to provide disaster relief or food, shelter, or similar assistance to qualified recipients if such payments are available to members of the public without regard to official status.
    The Community Action Partnership of San Bernardino is, according to its website, “a private non-profit public benefit corporation with a 501(c) (3) status. “

    From what I gather from CAPSB’s website, they administered Federal ARRA energy efficiency/weatherization funds.

    The second gift is from “Evelyn [sic] Wilcox” the owner of Manpower San Bernardino.  The gift was given on November 21, 2011, with a value of $85, and was a ticket to a San Bernardino Valley College Gala.  No other gifts are listed on Schedule D.

    Schedule E (Income – Gifts, Travel Payments, Advances and Reimbursements is the final schedule attached to Council member Jenkins’ 2011/2012 Form 700.  It says the firefighters union gave Council member Jenkins $678 as a gift between June 2, 2011 and June 3, 2011 for travel for filming a campaign commercial.  Again, I am not sure this counts as a “gift” because the same regulation cited above, subsection (a) (4) exempts a campaign contribution that is required to be reported.  If I were to guess, it would be for this campaign commercial, uploaded in June 2011.

    There is no other information on Council member Jenkins’ Form 700 from 2011/2012.  You can see that sometimes public officials disclose information that they are not required to.