HomeMy WebLinkAboutCC AG PKT 2012-09-24 #FDATE: September 24, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Linda Devine, City Clerk
SUBJECT: FAIR POLITICAL PRACTICES COMMISSION --
REGULATION 18705.5 — APPOINTMENT OF COUNCIL
MEMBER TO COMPENSATED POSITIONS
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As you know, last year, the FPPC initiated enforcement action against council
members in other cities who had participated in decisions to appoint themselves
to positions on the boards of external entities (e.g., a JPA governing board) on
the grounds that such participation violated FPPC Regulation 18705.5 on the
grounds that the decisions entitled them to additional compensation that equaled
or exceeded $250 within any 12 month period and thus had a material financial
effect on the appointees' personal finances.
In response, the City Attorney and city attorneys from other cities petitioned the
FPPC to amend Regulation 18705.5, which the FPPC did earlier this year.
Regulation 18705.5, as amended, now allows council members to participate in a
decision to appoint themselves to a position that will result in additional
compensation, subject to conditions. One such condition is that the city council
must have previously adopted and posted a form provided by the FPPC on the
city's website that identifies each position the council appoints for which
compensation is paid, the salary or stipend for each position, and the names of
each official who has been appointed as the agency's representative, or
alternate. The FPPC has designated this form, "Form 806." We therefore
recommend that the City council adopt the attached Resolution prior to the next
appointments it will need to make.
The text
• Regulation 17805.5 as amended and a copy • Form 80• are
attached to this report.
Agenda Item F
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
There is no Financial Impact.
RECOMMENDATION:
That the City Council adopt Resolution No. 6313, approving FPPC Form 806
"Public Official Appointments" and direct the City Manager to post the form on the
City's website.
Attachment:
i, 11
W X4 DMINJ J llm �Kal
Ingram, Cityl
=--
A. Resolution No. 6313
B. FPPC — Form 806 "Public Official Appointments"
C. FPPC Regulation §18705.5 Materiality Standard: Econmic Interest in Personal
Finances
Page 2
RESOLUTION NUMBER 6313
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE FAIR POLITICAL PRACTICES COMMISSION
FORM 806 REGARDING THE APPOINTMENT OF COUNCIL
MEMBERS TO COMPENSATED POSITIONS
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves Fair Political Practices
Commission Form 806 regarding the appointment of Council
Members to compensated positions
Section 2. The City Council hereby authorizes and directs the City Manager to
post Form 806 on the City's website.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 24th day of September, 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6313 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 24th day of September , 2012.
City Clerk
Agency Report of:
Public Official Appointments
1. Agency Name
CITY OF SEAL BEACH
For Official 7UseOnly
Division, Department, or Region (If Applicable)
CITY COUNCIL
Designated Agency Contact (Name, Title)
LINDA DEVINE, CITY CLERK
Page 1 of 2
Date Posted:
09125/12
Area Code/Phone Number
E-mail
1
(562) 431-2527
ldevine@sealbeachca.gov
—
I (Month. Day, Year)
2. Appointments
Agency Boards and
Commissions
California Joint Powers
Insurance Authority
�E
Orange County FIre
Authority
(OCFA)
Name of Appointed Person ' Appt Date and
Length of Term
!Name Levitt, Michael 02 / 28 / 11
(Last, F*0 Appt Dole
Alternate, if any ► 1 year
(fast. Fast) I Length fT-
OName Sloan, David 02 / 28 / 11 ►
(Last P-kd) Appt Date
Alternate, if any Shanks, Gordon 1 year
(last, Fad) Length of Term
Orange County Sanitation Levitt, Michael 02 / 28 / 11 ► District ►Name —
I (Lost, r-1) Appt Data
Orange County Vector
Control
Alternate, if any Shanks, Gordon
(Lad, fast}
Per Meeting/Annual Salary/Stipend
► Per Meeting: $ 100
! Estimated Annual:
Ns0-s1'000 ❑$2,001-$1000
❑ $1,00142,000 ❑
Other
! Per Meeting: $ 100 bi-monthly
► Estimated Annual:
9$0-$1,00o [-1$2,001-$3,000
0$1,00142,000 ❑
other
1, Per Meeting: $ 212.50 month
t Estimated Annual-
lk year _ El
g1h of rare, so-si,000 0 $2.001-$3,000
❑L
$1,00142,000 ❑
other
!Name Levitt, Michael ► 01 / 12 / 09 ► Per Meeting. $ 100 per month
(Last First) App! Data
► Estimated Annual:
Alternate, if any AM) ► 4 years — 171 $0- $1,000 ❑ $2,001-$3,000
(Last, Length of Ten»
nX $1,00142,000 ❑
Other
3. Verification
I have read and understand FPPC Regulation 18705.5. 1 have verified that the appointment and information identified above is true to the best of my information and belief.
JILL R. INGRAM CITY MANAGER 09/24/12
Signature of Agency Head or Destgnee Print Name rate (Month, Day Year)
Comment: Appointments made by Council adopted Resolution No. 6096 - dated 02/28/12 (for 2001 and 2012)
FPPC Form 806 (5112)
FPPC Toll-Free Helpline: 8661ASK-FPPC (866/275-3772)
Agency Report of:
Public Official Appointments
Background
This form is used hnreport additional compensation that
officials receive when appointing themselves oopositions
on committees, boards or commissions ofa public agency,
special district, and joint powers agency orauthority. For
example, a city mouncilmamber may bo appointed to serve as
the city's representative onm joint powers insurance authority
oro metropolitan planning organization ormayor. (Regulation
187O5,5. amended O3.2O12)
Each agency must post on its webs|b*a single Form 8OSwhich
lists all the paid appointed positions. When there isa change |n
compensation oro new appointment, the Form 8O0ioupdated
0n reflect the change. The form must be updated promptly eu
changes occur,
Initial Agency Posting
As soon as possible, each agency should prepare aForm
806 identifying all of the current paid appointments to other
governmental agencies. Thereafter, the form may be amended to
include the future appointments.
Instructions
This form must bw posted prior too vote (or consent item) to
appoint a governing board member No paid position onanother
agency.
Part 1. Agency Identification
Identify the agency name and information on who should ba
contacted for information.
Part 2. Appointments
Identify the name of the other agency, board or commission.
the name of the official, and mn alternate, ifany.
A Public Document
C Are appointments made by a governing board to appoint
one of its members to serve as an officer of that board for
additional pay (e.g. mayor) required to be disclosed on Form
Yes, Regulation 18705.5 permits voting on your own
appointment 0m position of mayor ao well ao other boards and
commissions em long os proper disclosure on the Form 8OGia
made. This exception and disclosure apply kx agencies with
governing boards that are elected o,appointed.
4. In determining the salary, must the agency include mileage
reimbursements, travel payments, health benefits, and other
No. The FPPC regulation only requires the reporting ofthe
stipend or salary.
5. Which agency must post the Form 806?
The agency that is voting oo appoint n public official must post
the Form OO8on its weboKe. The agency that the official will
serve amm member is not required hopost the Form 8O0. The
form is not sent oa the FPPC.
ROMMOMUM
The Form 806 should be amended promptly upon any of
the following circumstances: (1) the number of scheduled
meetings is changed, (2) there is a change in the
in membership on the board or commission.
7. When ubody meets irregularly, how should the annual
List compensation bmestimated?
List the appointment date and the length of term the agency
official will serve. Disclose the stipend provided per meeting and
the estimated annual payment. The annual salary isonestimate
osit will likely vary depending on the number ofmeetings. It is
not necessary u/ revise the estimate ox the end uv the calendar
year.
Part 3. Verification
The agency head or his/her designee must sign the verification.
Frequently Asked Questions0AQs>
1. When does cm agency need to complete the Form 806?
A Form 006io required when anagency's board members
vote onsm appointment for a board member 10 serve on
another governmental agency and pay is provided,
2. The city council votes ho serve an the city's housing authority,
a separate entity. Will the Form 806 be required?
If the council members receive an additional compensation
for serving onthe housing authority, the Form 806iarequired
If there isno payment, the Form 8U6io not required.
The agency should estimate compensation using the highest
number of meetings.
K h3O13 our agency will have a new appointment toenew
agency. How is the Form 806 updated?
Before the agency votes unthe appointment, the agency
should update the Form 8O6 and identify the other
governmental entity's name. |f known, also include other
information such ma the number of meetings and stipend.
As long os that information is posted prior Na vote of
the governing board unon appointment, the agency iein
compliance with Regulation 187O5.5. Following the vote, the
agency must update the form (o identify the individual that
will serve.
Privacy Information Notice
Information requested by the pPPC is used to administer and
enforce the Political Reform Act. Failure 0z provide information
may hea violation subject 0openalties. All reports are public
records available for inspection and reproduction. Direct
questions toFPPQ's General Counsel, Fair Political Practices
Commission, 428J Street, Ste. S2O. Sacramento, CA95814.
pPPC Form mm(5m2)
FpPC Toll-Free welpnnw:oa*o\ow.ppPo(8asmrs-3rrz)
Agency Report of:
ft![lic4f rtda4-A;rxX'A ntylia ints
Continuation Sheet
A Public Document
Page 2 of 2
1. Agency Name Date Posted: 09/25/12
CITY OF SEAL BEACH I
{Month, , Day, Year)
2. Appointments
Agency Boards and
Commissions
Name of Appointed Person
Appt Date and
Length of Term
Per Meeting/Annual Salary/Stipend
West Orange County
100 x 4months
Water Board
Miller, Gary
02 / 28 / 11
! Per Meeting: $
Warne
Apint Date
(L-1, First)
! Estimated Annual.•
Levitt,
Michael
1 year
rXI so-si mo
El $2,00143,000
Alternate, if any
(Last.
Length of Ton
El $1,001-$2,000
❑
0117W
N/A
Per Meeting: $
!Name
(Last• First)
Atopt Date
Estimated Annual.,
❑ s0-s1'000
❑ $2,001-$3,000
Alternate, if any
Length of 7ar.
(Last, F,,4)
❑ $1,001.$2.000
❑
Other
N/A
►
Per Meeting: $
/Name
{Last. Fk&)
► Estimated Annual:
Aoof Date
❑ s0-s1'000
❑ $2,00143,000
Alternate, if any
►
(Las, Fksh
L.rVh .1 Ter.
❑ $1.00142,000
❑
Other
N/A
1, PerMeeting: $
►ame
(Last First)
Apint Date
► Estimated Annual:
El so-si'000
171 $2,00143,000
Alternate, if any
10
fL.&- First)
Length of Term
❑ $1,001-$2,000
❑
Other
N/A
►
► Per Meeting.- $
Warne
(Len. Firsh
Appi Data
Estimated Annual:
❑ s0-s1'000
171 $2,00143,000
Alternate, if any
(Lest. Fssf)
Length of T
171 $1,001-$2,000
❑
Other
N/A
0 Per Meeting: $
/Name
(Last Ff)
1, Estimated Annual:
Appf Dole
❑ s0-$1,000
❑ $2,001-$3,000
Alternate, if any
(Last, First)
Length of TS
❑$1,001-$2,000
❑
Other
FPPC Form 806 (5/12)
FPPC Toll-Free Helpline: 866/ASK-FPPC (8661275-3772)
(Regulations of the Fair Political Practices Commission, Title 2, Division 6,
California Code of Regulations)
§ 18705.5. Materiality Standard: Economic Interest in Personal Finances.
(a) A reasonably foreseeable financial effect on a public official's or his or her
immediate family's personal finances is material if it is at least $250 in any
12 -month period. When determining whether a governmental decision has
a material financial effect on a public official's economic interest in his or
her personal finances, neither a financial effect on the value of real
property owned directly or indirectly by the official, nor a financial effect on
the gross revenues, expenses, or value of assets and liabilities of a
business entity in which the official has a direct or indirect investment
interest shall be considered.
(b) The financial effects of a decision which affects only the salary, per diem,
or reimbursement for expenses the public official or a member of his or
her immediate family receives from a federal, state, or local government
agency shall not be deemed material, unless the decision is to appoint,
hire, fire, promote, demote, suspend without pay or otherwise take
disciplinary action with financial sanction against the official or a member
of his or her immediate family, or to set a salary for the official or a
member of his or her immediate family which is different from salaries paid
to other employees of the government agency in the same job
classification or position, or when the member of the public official's
immediate family is the only person in the job classification or position.
(c) Notwithstanding subsection (b), pursuant to Section 82030(b)(2) and
Regulation 18232, a public official may make, participate in making, or use
his or her official position to influence or attempt to influence, a
government decision where all of the following conditions are satisfied:
(1) The decision is on his or her appointment as an officer of the body
of which he or she is a member (e.g., mayor or deputy mayor), or to
a committee, board, or commission of a public agency, a special
district, a joint powers agency or authority, a joint powers insurance
agency or authority, or a metropolitan planning organization.
(2) The appointment is one required to be made by the body of which
the official is a member pursuant to either state law, local law, or a
joint powers agreement.
(3) The body making the appointment referred to in paragraph (1)
adopts and posts on its website, on a form provided by the
Commission, a list that sets forth each appointed position for which
compensation is paid, the salary or stipend for each appointed
position, the name of the public official who has been appointed to
the position and -the name of the public official, if any, who has
been appointed as an alternate, and the term of the position.
COMMENT: Cross-references: For the definition of "immediate family." see
GOVeFO0Dert Code section 82029.
Note: Authority cited: Section 83112, Government Code. Reference: Sections
8710(]'87102.5'87102.6'871{)2'8 and 871(]3' Government Code.
HISTORY
1. New section filed 11-23-Q8; operative 11-23-9O pursuant bo the 1Q74 version ofGovernment
Code section 11380.2 and title 2, California Code ofRegulations, section 18312(d) and (e)
(Register 98. No. 48).
2. Change without regulatory effect amending section heading filed 3-26-99 pursuant to section
1OO. title 1.California Code of Regulations (Register QQ. No. 13).
3. Editorial correction ofHistory 1 (Register 2000, No. 25).
4. Amendment of section heading and section filed 1-17-20O1; operative 2-1-2OO1. Submitted to
(}A[ for filing pursuant boFair Political Practices Commission x Office ofAdministrative Lew(
3 Civil C010924. California Court of Appeal, Third Appellate Distriut, nonpub|imhad dauision.
April 27. 1092 /FPPC regulations only subject to 1874 Administrative Procedure Act
ru|emakinQ requirements) (Register 2001, No. 3).
5. Amendment of subsection (a) filed 1-10-2OO2;operative 2-15-2OU2 (Register 2OO2' No. 3).
0. Amendment uf subsection (b) filed 8-21'2OU5; operative 7-21-2OO5 (Register 2DO5. No. 25).
7. Amendment of subsection (a) filed 12-18-2000; operative 1-17-2007. Submitted to OAL for
filing pursuant to Fair Political Practices Commission x Office of Administrative Law, 3 Civil
C01 0924, California Court ofAppeal, Third Appellate Diatrict, nnnpub|1shed decision, April 27,
1802 (FPPC regulations only subject to 1974 Administrative Procedure Act ,u|ammking
requirements) (Register 28UO, No. 51).
8. New subsections (o)-(o)(3) filed 4'23-2012; operative 5-23-2012. Submitted to [)A1 for filing
pursuant to Fair Political Practices Commission e {lffiim of Administrative Law( 3 Civil
C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27,
1902 (FPPC regulations only subject to 1974 Administrative Procedure Act ru|emaking
requirements and not subject 1oprocedural or substantive review by[>A[) (Register 2012,