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HomeMy WebLinkAboutItem ESEA(e9'� AGENDA STAFF REPORT c i l � ,`SQ< FORN�P DATE: October 24, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Robin L. Roberts, City Clerk SUBJECT: CITY OF SEAL BEACH BIENNIAL CONFLICT OF INTEREST CODE UPDATE SUMMARY OF REQUEST: That the City Council adopt Resolution 6686 amending the City's Conflict of Interest Code (Code) and acknowledge no changes to Conflict of Interest Codes for the Public Financing Authority ( "Authority") and the Successor Agency to the Seal Beach Redevelopment Agency ( "Agency "). BACKGROUND AND ANALYSIS: The Political Reform Act (PRA), Government Code Section 81000, requires the City of Seal Beach ( "City ") to adopt a Conflict of Interest Code. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interest (Form 700). The PRA also requires local governments to review and, if necessary, to update their conflict -of- interest code in each even - numbered year. The City last updated its conflict of interest code in 2014 through Resolution 6520 (Attachment A). Proposed Resolution 6686 includes the following recommended updates: • In additions to incorporating by reference Title 2, Division 6, California Code of Regulations Section 18730, this regulation will be attached as an to Resolution 6686 as Exhibit A; • Include a master list of the titles of designated employee positions, rather than departmental lists, to Resolution 6686 as Exhibit B, which includes the following modifications. Changes to titles and position are included as Attachment B; • Create on uniform list of disclosure categories to Resolution 6686 as Exhibit C; and Agenda Item E • Include an Appendix to Resolution 6686 as Exhibit D which includes Form Forms 804 and 805 with respect to Newly Appointed Positions and Consultants. Due to the amount of content and formatting updates, a complete legislative draft is not included. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: No financial impact related to this item. RECOMMENDATION: That the City Council adopt Resolution No. 6686 amending the City's Conflict of Interest Code ( "Code ") and acknowledge no changes to Conflict of Interest Codes for the Public Financing Authority ( "Authority ") and the Successor Agency to the Seal Beach Redevelopment Agency ( "Agency"). SUBMITTED BY: NOTED AND APPROVED: U47>- 2iL 9 - cum Robin L. Roberts, City Clerk 'II . Ingram, City Mat ger Attachments: A. Resolution No. 6520 B. Changes to Designated Employee List C. Proposed Resolution 6686 with Exhibits .'' Attachment "A" RESOLUTION NUMBER 6520 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND REPEALING RESOLUTION NUMBER 6340 ' THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. The Political Reform Act, Government Code Section 81000, at seq. requires the City of Seal Beach ( "City") to adopt a Conflict of Interest Code for each department of the City. Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the "Model Code "). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its Conflict of Interest Code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act. Section 3. Pursuant to Resolution Number 6340, the City previously adopted a Conflict of Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting an updated Conflict of Interest Code, designated positions and disclosure categories. Section 4. Resolution Number 6340 of the City is hereby repealed in its entirety. The Model Code, attached hereto as Exhibit "A" and any amendments to it duly 1 adopted by the Fair Political Practices Commission, and Appendices A -G are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City for the following departments and categories: A. Administrative Department; B. Community Development & Community Services Department; C. Finance Department; D. Public Works Department; E. Police Department; F. Marine Safety/Lifeguard Department; G. Consultants Revisions to the Appendices to the Conflict of Interest Code include but are not necessarily limited to the following: Appendix "A" - remove position of Recreation Manager and Appendix "B" — add Community Services to department and add positions Recreation Manager and Building Official (new position). Section 5. Persons holding designated positions listed in the Appendices shall file Statements of Economic Interest pursuant to Section 5 of the Conflict of Interest Code with the information required for the disclosure categories assigned to them. ' Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even - numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required. Resolution Number 6520 Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Successor Agency to the former Seal Beach Redevelopment Agency and the Public Financing Authority have no changes to their Conflict of Interest Codes. Section 8. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a , regular meeting held on the 8th day of December , 2014 by the following vote: AYES: Council Members Miller, Massa -Lavitt Sloan Deaton Varipapa NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members None ATTEST: j� 4 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 6520 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of December , 2014. City Clerk Resolution Number 6520 EXHIBIT "A" ' [MODEL CONFLICT OF INTEREST CODE] 1 1 Resolution Number 6520 APPENDIX A ADMINISTRATIVE DEPARTMENT Designated Position Disclosure Categories City Council Member 1 City Manager 1 City Attorney ' 1 Assistant City Attorney 2, 3, 4, 5 Assistant City Manager 2, 3, 4, 5 City Clerk 2, 6, 7, 8, 9 Administrative Manager Recrea4iag- Manager 2, 6, 7, 8, 9 2. c, 7, 9, ADMINISTRATIVE DEPARTMENT 1. Disclosure is required on FPPC Form 700 pursuant to Government Code Sections 87202- 87203. No additional disclosure is required by this Conflict of Interest Code. 2. Reportable interests in real property in the jurisdiction. 3. Reportable income. 4. Reportable investments. 5. Reportable business positions. ' 6. Reportable income from persons and business entities providing, that plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the City Clerk. 7. Reportable investments in business entities providing, that plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the City Clerk. 8. Reportable business positions in business entities providing, that plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the City Clerk. 9. Reportable Gifts and Travel Gifts from persons and business entities that either: (i) have an interest in real property in the jurisdiction; or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services ' subject to the approval or review of the Administrative Department; or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Administrative Department. Resolution Number 6520 APPENDIX B COMMUNITY DEVELOPMENT/ COMMUNITY SERVICES DEPARTMENT (Planning / Building I Recreation) DEVELOPMENT SERVICES DEPARTMENT DISCLOSURE CATEGORIES No disclosure is required by this Conflict of Interest Code. Disclosure is already required by Government Code Sections 87202- 87203. Reportable income from persons and business entities that either: (i) have an interest in real property in the jurisdiction, or (il) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review or approval of the Community Development Department; or (iii) provide, plan to provide, or have provided within two years prior l0 the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Development Department. 3. Reportable investments in any business entities that either: 1 (i) have an interest in real property in the jurisdiction; or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review or approval of the Community Development Department; or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Development Department. 4. Reportable business positions in any business entities that either: (i) have an interest in real property in the jurisdiction; or provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the Community Development Department, or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Development Department. 5. Reportable interests in real property in the jurisdiction. ' 6. Reportable Gifts and Travel Gifts from persons and business entities that either: (1) have an interest in real property in the jurisdiction, or (i) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the Community Development Department, or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Development Department Designated Position Disclosure Categories Planning Commissioner 1 Director of Community Development/Community Services 2, 3, 4, 5, 6 ' Senior Planner Assistant Planner 2, 3, 4, 5, 6 2 3,4.5,6 Building Official 2. 3. 4. 5. 6 Recreation Manager 2,3.4,5,6 DEVELOPMENT SERVICES DEPARTMENT DISCLOSURE CATEGORIES No disclosure is required by this Conflict of Interest Code. Disclosure is already required by Government Code Sections 87202- 87203. Reportable income from persons and business entities that either: (i) have an interest in real property in the jurisdiction, or (il) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review or approval of the Community Development Department; or (iii) provide, plan to provide, or have provided within two years prior l0 the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Development Department. 3. Reportable investments in any business entities that either: 1 (i) have an interest in real property in the jurisdiction; or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review or approval of the Community Development Department; or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Development Department. 4. Reportable business positions in any business entities that either: (i) have an interest in real property in the jurisdiction; or provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the Community Development Department, or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Development Department. 5. Reportable interests in real property in the jurisdiction. ' 6. Reportable Gifts and Travel Gifts from persons and business entities that either: (1) have an interest in real property in the jurisdiction, or (i) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the Community Development Department, or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Community Development Department Resolution Number 6520 APPENDIX C FINANCE DEPARTMENT Designated Position Disclosure Categories Director of Finance / City Treasurer 1 Finance Manager 2, 3, 4, 5 ' FINANCE DEPARTMENT DISCLOSURE CATEGORIES 1. Disclosure is required on FPPC Form 700 pursuant to Government Code Sections 87202- 87203. No additional disclosure is required by this Conflict of Interest Code. 2. Reportable income from persons and business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this Conflict of Interest Code, supplies, materials, or services. 3. Reportable investments in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this Conflict of Interest Code, supplies, materials, or services. 4. Reportable business positions in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this Conflict of Interest Code, supplies, materials, or services. , 5. Reportable Gifts and Travel Gifts from persons and business entities that either: (1) have an interest in real property in the jurisdiction; or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the Finance Department; or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Finance Department. Resolution Number 6520 APPENDIX D PUBLIC WORKS DEPARTMENT (Public Works /Engineering) Designated Position Disclosure Categories Director of Public Works 1, 2, 3, 4, 5 Deputy Director of PW /City Engineer 1, 2, 3, 4, 5 Deputy Director of PW /Maintenance & Utilities 1, 2, 3, 4, 5 PUBLIC WORKS DEPARTMENT DISCLOSURE CATEGORIES 1. Reportable income from persons and business entities that either: (i) have an interest in real property in the jurisdiction; or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review or approval of the Public Works Department; or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Public Works Department. 2. Reportable investments in any business entities that either: (i) have an interest in real property in the jurisdiction; or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review or approval of the Public Works Department; or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Public Works Department. 3. Reportable business positions in any business entities that either: (i) have an interest in real property in the jurisdiction; or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest code, services subject to the approval or review of the Public Works Department; or (iii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services and supplies to the City under the direction of the Public Works Department. 4. Reportable interests in real property in the jurisdiction. 5. Reportable Gifts and Travel Gifts from persons and business entities that either: 0) have an interest in real property in the jurisdiction; or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the Public Works Department; or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Public Works Department. Resolution Number 6520 APPENDIX E POLICE DEPARTMENT Designated Position Disclosure Categories Police Chief 1, 2, 3, 4 Police Commander 1, 2, 3, 4 POLICE DEPARTMENT DISCLOSURE CATEGORIES 1. Reportable income from persons and business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Police Department. 2. Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the police Department. 3. Reportable business positions in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Police Department. 4. Reportable Gifts and Travel Gifts from persons and business entities that either: ' (i) have an interest in real property in the jurisdiction; or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the Police Department; or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Police Department. 1 1 Resolution Number 6520 APPENDIX F MARINE SAFETY /LIFEGUARD DEPARTMENT Designated Position Disclosure Categories Marine Safety /Lifeguard Chief 1, 2, 3, 4 Marine Safety /Lifeguard Lieutenant 1, 2, 3, 4 MARINE SAFETY /LIFEGUARD DEPARTMENT DISCLOSURE CATEGORIES 1. Reportable income from persons or business entities providing, that plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Marine Safe Lifeguard Department. 2. Reportable investments in business entities providing, that plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Marine Safety Lifeguard Department. 3. Reportable business positions in business entities providing, that plan to provide, or that have provided within two years from the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Marine Safety /Lifeguard Department. 4. Reportable Gifts and Travel Gifts from persons and business entities that either: (i) have an interest in real property in the jurisdiction; or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the Marine Safety /Lifeguard Department; or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Marine Safety /Lifeguard Department. Resolution Number 6520 APPENDIX G CONSULTANTS For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. ' For consultants who do not serve in a staff capacity for the City, the consultants shall be subject to the disclosure requirements listed below if they make (and not just recommend) a governmental decision, on whether to: 1. Approve a rate, rule, or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement, 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; or T Adopt, or grant City approval of, policies, standards, or guidelines for the ' City, or for any subdivision thereof. Such consultants shall disclose pursuant to categories 1, 2, 3, 4 and 5 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories 1, 2, 3, 4 and 5. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. CONSULTANTS DISCLOSURE CATEGORIES 1. Reportable income. 2. Reportable investments. 3. Reportable business positions. ' 4. Reportable interests in real property in the jurisdiction. 5. Reportable gifts and travel gifts. Attachment "B" Attachment B List of Designated Employee Positions Indicating Revisions Position Disclosure Categories Accountant 2 Assistant City Attorney 1 Assistant Engineer 1 Assistant City Manager 1 Assistant Planner 2 Associate Engineer 2 Building Official 1 City Clerk 1 Deputy Director of Public Works /City Engineer 1 Deputy Director of Public Work^' "" ^intenanne 4 Utilities 1 Director of Community Development/Community Services 1 Director of Public Works 1 Fleet Maintenance Proaram Manager 2 Finance Manager 1 Maintenance Services Supervisor 2 Marine Safety/ Lifeguard Chief 1 Marine Safety/ Lifeguard Lieutenant 1 Police Chief 1 Police Commander 1 Recreation Manager 2 Senior Planner 2,4 Senior Accounting Technician 3 Water Services Supervisor 2 'New Positions 1 Historic Preservation Committee 4 Recreation and Parks Commission 1 'Consultants 1 The following positions are required to file Category 1 — Broad Responsibilities pursuant to Government Code Section 87200: City Attorney City Council Members City Manager Director of Finance / City Treasurer Planning Commissioners Str4%1hFough = Deleted Underlined = Added Bold = Changed Format Attachment "C" RESOLUTION NUMBER 6686 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND REPEALING RESOLUTION NUMBER 6520 THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires the City of Seal Beach ( "City ") to adopt a Conflict of Interest Code for each department of the City. Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the "Model Code "). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its Conflict of Interest Code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act. Section 3. Pursuant to Resolution Number 6520, the City previously adopted a Conflict of Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting an updated Conflict of Interest Code, designated positions and disclosure categories. Section 4. Resolution Number 6520 of the City is hereby repealed in its entirety. The Model Code, attached hereto as Exhibit "A" and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices A -G are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City and as referenced in Exhibit "B" List of Designated Employee Positions. Section 5. Persons holding designated positions listed in Exhibit C, Disclosure Categories shall file Statements of Economic Interest pursuant to this section of the Conflict of Interest Code with the information required for the disclosure categories assigned to them. Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even - numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required. Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Successor Agency to the former Seal Beach Redevelopment Agency and the Public Financing Authority have no changes to their Conflict of Interest Codes. Section 8. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 241h day of October, 2016 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Sandra Massa - Lavitt, Mayor ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6686 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of October , 2016. Robin L. Roberts, City Clerk EXHIBIT "A" [MODEL CONFLICT OF INTEREST CODE] (Regulations of the Fair Political Practices Commission, Title 2, Division 6, 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 Section 87300 or the amendment of a conflict of interest code within the meaning of 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, 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 interest contained in 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 I. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. 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 economic interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in 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 economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq . In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies. ' Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic 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 economic interests set forth in a designated employee's disclosure categories are the kinds of economic 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 Filing. 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. (5) Section 5. Statements of Economic Interests: Time of Filing. (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 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) Assuming 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. (C) Annual Statements. All designated employees shall file statements no later than April 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following his or her return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her military status. (D) Leaving 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 Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power, and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by 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 income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming 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, income and business positions held or received during the previous calendar year provided, however, that the 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, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving 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 Reporting. 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) Investment and Real Property Disclosure. When an investment or an interest in real property r is required to be reported, ° the statement shall contain the following: - 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 equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,' the statement shall contain: 1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income 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 $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000; 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 and the term of the loan. (C) Business Entity income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, a the statement shall contain: I. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $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 in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting 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. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-tune member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $460. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $460 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part -time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officers agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officers official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (0, and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officers agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officers official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in -law, brother -in -law, sister -in -law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time. 4. Loans made, or offered in writing, before January I, 1998. (8.3) Section 8.3, Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, tern of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent -in -law, brother -in -law, sister -in -law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 10 I. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of $100 or more was [Wade on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. II (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the snaking 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 $2,000 or more; (B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 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 $500 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; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $460 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. 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 12 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. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is 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 in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest. 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 may be accompanied by disclosure of the disqualifying interest. (11) Section 11. 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 Section 83114 and Regulations 18329 and 18329.5 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. (12) Section 12. Violations. 13 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000- 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, 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 Section 81004. z See Section 81010 and Regulation 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. t For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. " investments and interests in real property which have a fair market value of less than $2,000 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 14 dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5 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. Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filers 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. Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code. HISTORY 1. New section filed 4 -2 -80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included. 2. Editorial correction (Register 80, No. 29). 3. Amendment of subsection (b) filed 1 -9 -81; effective thirtieth day thereafter (Register 81, No. 2). 4. Amendment of subsection (b)(7)(B) 1. filed 1- 26 -83; effective thirtieth day thereafter (Register 83, No. 5). 5. Amendment of subsection (b)(7)(A) filed 11- 10 -83; effective thirtieth day thereafter (Register 83, No. 46). 6. Amendment filed 4- 13 -87; operative 5 -13 -87 (Register 87, No. 16). 15 7. Amendment of subsection (b) filed 10- 21 -88; operative 11 -20 -88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8- 28 -90; operative 9 -27 -90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8 -7 -92; operative 9 -7 -92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)- (A)(2) filed 2 -4 -93; operative 24-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed I 1 -22 -93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9- 21 -93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 14-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1). 13. Editorial correction adding History l 1 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)- (b)(8.1)(B), (b)(9)(E) and Note filed 3- 14 -95; operative 3 -14 -95 pursuant to Government Code section I I343.4(d) (Register 95, No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16 16. Amendment of subsections (b)(8)(A) -(B) and (b)(8. ])(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10- 23 -96; operative 10 -23 -96 pursuant to Government Code section I I343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4 -9 -97; operative 4 -9 -97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 18. Amendment of subsections (b)(7)(B)5, new subsections (b)(8.2)- (b)(8.4)(C) and amendment of Note filed 8-24 -98; operative 8 -24 -98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35). 19. Editorial correction of subsection (a) (Register 98, No. 47). 20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5- 11 -99; operative 5 -11 -99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) filed 12 -6 -2000; operative 1 -1 -2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 22. Amendment of subsections (b)(3) and (b)(10) filed 1 -10 -2001; operative 2 -1 -2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. O]fIce of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2). 23. Amendment of subsections (b)(7)(A)4., (b)(7)(B) L -2., (b)(8.2)(E)3., (b)(9)(A) -(C) and footnote 4. filed 2.13 -2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v, Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third 17 Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7). 24. Amendment of subsections (b)(8.1 )-(b)(8.])(A) filed 1 -16 -2003; operative 1 -1 -2003. Submitted to DAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3). 25. Editorial correction of History 24 (Register 2003, No. 12). 26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33). 27. Amendment of subsections (b)(2) -(3), (b)(3)(C), (b)(6)(C), (b)(8.1)- (b)(8.1)(A), (b)(9)(E) and (b)(11) -(12) filed 1 -4 -2005; operative 1 -1 -2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1). 28. Amendment of subsection (b)(7)(A)4. filed 10 -11 -2005; operative 11-10-2005 (Register 2005, No. 41). 29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8. 1)(A) and (b)(9)(E) filed 12 -18- 2006; operative 1 -1 -2007. Submitted to OAL pursuant to Fair Political Practices Commission v. OJRce ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51). 30. Amendment of subsections (b)(8. I)-(b)(8. 1)(A) and (b)(9)(E) filed 10 -31 -2008; operative 11 -30 -2008. Submitted to DAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate 18 District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44). 31. Amendment of section heading and section filed I 1 -15 -2010; operative 12 -15 -2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47). 32. Amendment of section heading and subsections (a)- (b)(1), (b)(3) -(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote I filed 1 -8 -2013; operative 2 -7 -2013. Submitted to DAL for filing pursuant to Fair Political Practices Commission v. ice of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2). 33. Amendment of subsections (b)(8. I)-(b)(8. 1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12 -15 -2014; operative 1 -1 -2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations. Submitted to DAL for filing and printing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51). no EXHIBIT "B" [LIST OF DESIGNATED EMPLOYEE POSITIONS] Exhibit B List of Designated Employee Positions Position Accountant Assistant City Attorney Assistant Engineer Assistant City Manager Assistant Planner Associate Engineer Building Official City Clerk Deputy Director of Public Works /City Engineer Deputy Director of Public Works Director of Community Development/Community Services Director of Public Works Fleet Maintenance Program Manager Finance Manager Maintenance Services Supervisor Marine Safety/ Lifeguard Chief Marine Safety/ Lifeguard Lieutenant Police Chief Police Commander Recreation Manager Senior Planner Senior Account Technician Water Services Supervisor 'New Positions Disclosure Categories 2 Historic Preservation Committee Recreation and Parks Commission Successor Agency to the Former Seal Beach Redevelopment Agency 'Consultants 2 2 2,4 12 The following positions are required to file Category 1 — Broad Responsibilities pursuant to Government Code Section 87200: City Attorney City Council Members City Manager Director of Finance / City Treasurer Planning Commissioners Individuals who either (1) serve in a newly created or (2) provide services as a "consultant' as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). EXHIBIT "C" [DISCLOSURE CATEGORIES] Exhibit C Disclosure Categories Category 1 — Broad Responsibilities — Full Disclosure Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two -mile radius of any property owned or used by the City. Category 2 — Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City. Category 3 — Regulatory Power Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City. Category 4 — Decision - Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real properly, and all interests in real property located within the jurisdiction, including property located within a two mile radius of any property owned or used by the City. EXHIBIT "D" [FAIR POLITICAL PRACTICES COMMISSION FORM 804 AND 8051 Agency Report of: New Positions A Public Document (Also include, DNlsion, Department, or Region in applicable), Information ❑ Amendment Date of Original Filing: (morsh, day, yean Position Title /Classification Assigned Category OR Disclosure Requirement Assuming/Start Date and Job Summary (Optional) 3. Verification I have read and understand FPPC Regulations 18700.3 and 18734. 1 have verified that the disclosure assignment(s) set forth above, is in accordance with its provisions. SignaWm Name Comment: (Use this space or an attachment for any additional information.) (msom. do, rear) FPPC Fonn 804 (2116) FPPC Toll-Free Helpllne: 866/ASK -FPPC (866!275.3772) m !d /yr Stan—L--L-- m Id /yr start—L--L-- m Id /yr Stan_/ / m to /yr Stan_/ / m !d /yr Start_/ in /d /yr in Id /yr 3. Verification I have read and understand FPPC Regulations 18700.3 and 18734. 1 have verified that the disclosure assignment(s) set forth above, is in accordance with its provisions. SignaWm Name Comment: (Use this space or an attachment for any additional information.) (msom. do, rear) FPPC Fonn 804 (2116) FPPC Toll-Free Helpllne: 866/ASK -FPPC (866!275.3772) Agency Report of: New Positions A Public Document State and local government agencies may use this form to identify new positions that will make or participate in making governmental decisions on behalf of the agency. An individual in a newly created position must file a Statement of Economic Interests (Form 700) within 30 days of assuming office. This form identifies the Statement of Economic Interests, Form 700, disclosure requirements for individuals serving in new positions. This form is for the agency's internal use and should be maintained by the agency in the same manner as the agency's conflict of interest code. For more information, refer to the FPPC website www.fppc.ca.gov and Regulations 18700.3 and 18734. Disclosure Requirements • Disclosure requirements should conform to the range of duties. • Alternatively, the agency must require an individual to file under the broadest disclosure category in the agency's conflict of interest code or, if the agency does not have a conflict of interest code, full disclosure. Full disclosure includes reporting all investments, business positions, and interests in real property held on the date of assuming office and income received during the 12 months immediately preceding assuming office. When a new position is added, in addition to completing this form, the agency should begin the process to amend the conflict of interest code. Examples: An agency added a new data processing manager position. The individual will be assigned the same disclosure category that the agency's other IT staff are assigned. An agency implemented a new licensing program and a new manager position was added. Because this was a new program, the agency provided a written description of the individual's disclosure requirements which included sources subject to the licensing procedures. An agency reorganized and changed the duties of several positions listed in the conflict of interest code. This form is not required as positions are not new. The agency should begin to amend its conflict of interest code if the range of authority and types of decisions changed. An agency changed the titles but not the duties and responsibilities of several positions. This form is not required. The agency must file an amendment to update the conflict of interest code. Instructions Part 1 Identify the agency, contact information, and provide the amendment explanation in the comment section when applicable. Part 2 Identify the new position(s) and describe the position's duties. Identify the disclosure by: — Assigning an existing category(s) in the agency's code, or — Writing a disclosure requirement. Complete if the agency knows the employment date. Part 3 The agency's conflict of interest code should identify the position that is responsible for the verification. Example yam• vaxb,,. •vmr. o :,m.m Emil cw.. b..a,. o..e. xc�p smuem l.ap„�.mnourom. woPa..+..tlww.a- m..w�avi rm� :>arewo. o........ bmylatlM b/ Ne U•.m.•M. may,. FPPC 1904 (2/16) FPPC Toll -Free Helpline: 86611 (8661V5JTr2) Agency Report of: Consultants (Also include, oepamnenl, or A Public Document ❑ Amendment Date of Original (month, day. year) Phone Number Email 2. Firm Information Firm Name Finn Address Email (optional) Email (optional) Describe General Purpose of Contract 3. Consultant Information Consultant Name Assigned Category OR Disclosure Requirement Assuming/Start Date leavfnglEnd Date (H known) 4. Verification I have read and understand FPPC Regulations 18700.3 and 18734. 1 have verified that the disclosure assignment(s) set forth above, is in accordance with its provisions. Signature Nerve ❑ad (monN. day. year) Comment: (Use this space or an anachment for any additional information.) FPPC Form 805 (2116) FPPC Toll-Free Helpllne: 888/ASK -FPPC (88&275-3772) Start—/ L- m /dd /yr End m /d lyr Start _/ m /d !yr End in /yr Start m !d /yr End m /d /yr 4. Verification I have read and understand FPPC Regulations 18700.3 and 18734. 1 have verified that the disclosure assignment(s) set forth above, is in accordance with its provisions. Signature Nerve ❑ad (monN. day. year) Comment: (Use this space or an anachment for any additional information.) FPPC Form 805 (2116) FPPC Toll-Free Helpllne: 888/ASK -FPPC (88&275-3772) Agency Report of: Consultants A Public Document State and local government agencies may use this form to identify consultants that will make or participate in making governmental decisions on behalf of the agency. A consultant must file a Statement of Economic Interests (Form 700) within 30 days of assuming office. This form identifies the Statement of Economic Interests, Form 700, disclosure requirements for individuals serving in these positions. This form is for the agency's internal use and should be maintained by the agency in the same manner as the agency's conflict of interest code. For more information, refer to the FPPC website www.fppc.ca.gov and Regulation 18700.3 and 18734. Disclosure Requirements • Disclosure requirements should conform to the range of duties. Instructions An individual must file the Form 700 within 30 days of assuming office and an annual statement for each calendar year of the contract. At the conclusion of services a leaving office statement is required. Part 1 Identify the agency, contact information, and provide the amendment explanation in the comment section when applicable. Part 2 Identify the consultant's firm name and address. Briefly describe the general purpose of the contract Part 3 • Alternatively, the agency must require an individual Identify the name of those individuals that qualify as to file under the broadest disclosure category in the consultants and will file the Form 700. Identify the agency's conflict of interest code or, if the agency does disclosure by: not have a conflict of interest code, full disclosure. - Assigning an existing category(s) in the agency's Full disclosure includes reporting all investments, business code, or positions, and interests in real property held on the date - Writing a disclosure requirement. of assuming office and income received during the 12 Provide the start and end dates of service if known. months immediately preceding assuming office. Examples: An agency hired a law firm to act as its general counsel. An individual will make recommendations to the agency's board and provide general legal services. The individual qualifies as a consultant and based on the indefinable duties will be assigned the broadest or full disclosure under the agency's conflict of interest code. Not all outside contractors meet the consultant definition in FPPC Regulation 18700.3 requiring of the Form 700. When an agency determines that an individual is a consultant with limited duties, tailored disclosure should be used. An agency hired a firm to prepare an environmental impact report ( "EIR7 on airport expansion. The individual at the firm who will prepare the EIR should be assigned a disclosure requirement that reflects the contract's scope of authority. An example might Include real property, investments and business positions in business entities, and income from only those sources engaging in air traffic or aviation goods or services. Note: The agency can assign an existing disclosure category. if applicable. Part 4 The Agency's conflict of interest code should identify the position that is responsible for the verificalion. Example of Part 2 & 3 11 'x77„" FPPC Fonn 805 (2/16) FPPC Toll -Free Helpline: 866/ASK -FPPC (856/2754n2t