HomeMy WebLinkAboutCC Res 7343 2022-10-24 RESOLUTION 7343
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ADOPTING AN AMENDED CONFLICT OF INTEREST CODE
CONTAINING REVISED DESIGNATED POSITIONS,
DISCLOSURE CATEGORIES AND SUPERSEDING AND
REPEALING RESOLUTION 7254
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 7254, the City previously adopted a
Conflict of Interest Code containing designated positions and disclosure
categories. By this resolution the City is adopting the updated Conflict of Interest
Code, designated positions, and disclosure categories.
Section 4. Resolution Number 7254 of the City is hereby superseded and repealed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 1-3, are hereby incorporated by reference and shall constitute the
Conflict of Interest Code for the City.
Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit "A"
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 in Appendix 2 of Exhibit "A."
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 as listed in the Department Reorganization
Plan as the City Clerk and City Attorney deem necessary. If no revisions to the
I I 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 Public Financing Authority has no changes to its Conflict of Interest Code.
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 24th day of October, 2022 by the following vote:
AYES: Council Members: Kalmick. Massa-Lavitt, Moore, Sustarsic, Varipapa
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
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SEAL 84c. Jde }almick, Mayor
c-A40RATF09C,Y
A EST:
aLE 1 WA'I I a Ir •
Gloria D. Harp- ,
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7343 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
m -ting held on the 24th day of October, 2022.
Gloria D. H. •er, ' 'errk
EXHIBIT "A"
[MODEL CONFLICT OF INTEREST CODE
8 CAL. CODE OF REGULATIONS § 18730]
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(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 1. 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.
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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 the
employee's statement of economic interests those economic interests the employee has which are
of the kind described in the disclosure categories to which the employee is assigned in the
Appendix. It has been determined that the economic interests set forth in a designated employee's
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disclosure categories are the kinds of economic interests which the employee foreseeably can
affect materially through the conduct of the employee's 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.2
(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 the person's 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 the person is subject to that
federal statute and is unable to meet the applicable deadline, and provides the filing officer
verification of the person's military status.
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(D) Leaving Office Statements. All persons who leave designated positions shall file
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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 the person did not make or participate in the making of, or
use the person's position to influence any decision and did not receive or become entitled to
receive any form of payment as a result of the person's 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 the person 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.
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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 property3 is required to be reported,' the statement
shall contain the following:
1. A statement of the nature of the investment or interest;
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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,5 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,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business
entity;
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III2. 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 the
employee is a director, officer,partner, trustee, employee, or in which the employee 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 the
member's or employee's statement of economic interests.
(B)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.
(C) Subdivisions(a), (b), and(c) of Section 89501 shall apply to the prohibitions in this
section.
II (D)This section shall not limit or prohibit payments, advances,or reimbursements for
I i travel and related lodging and subsistence authorized by Section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of$520.
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(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$520 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 the member's or employee's statement of economic
interests.
(B) 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.
(C) 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 the
election to office through the date that the officer vacates office, receive a personal loan from
any officer, employee,member,or consultant of the state or local government agency in which 111
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 the
election to office through the date that the officer vacates office, receive a personal loan from
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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 officer's 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 officer's official status.
(D) 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
the official 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 officer's 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 officer's 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.
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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 1, 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 the officer's election to office through the date the
officer 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, term 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:
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1. 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 made 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.
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(9) Section 9. Disqualification.
No designated employee shall make,participate in making, or in any way attempt to use the
employee's official position to influence the making of any governmental decision which the
employee 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 the
official's 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
$500 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 the employee's participation is legally required for the decision to be made.
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The fact that the vote of a designated employee who is on a voting body is needed to break a tie
does not make the employees'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 the official's 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 the official's 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 the employee should not make a governmental
decision because the employee 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 the 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 the employee's agency,provided that nothing in this section
requires the attorney for the agency to issue any formal or informal opinion.
(12) Section 12. Violations.
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This code has the force and effect of law. Designated employees violating any provision of this
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code are subject to the administrative, criminal and civil sanctions provided in the Political
Reform Act, 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.
2 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.
3 For the purpose of disclosure only(not disqualification), an interest in real property does not
include the principal residence of the filer.
a 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
dependent children own, in the aggregate,a direct, indirect or beneficial interest of 10 percent or
greater.
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5 A designated employee's income includes the employee's community property interest in the
income of the employee's spouse but does not include salary or reimbursement for expenses
received from a state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer
and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In
addition, the disclosure of persons who are clients or customers of a business entity is required
only if the clients or customers are within one of the disclosure categories of the filer.
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).
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).
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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 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental
Health Planning Council filed 11-22-93 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 1-4-94 pursuant to title 1,
section 100, California Code of Regulations (Register 94,No. 1).
13. Editorial correction adding History 11 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 11343.4(d) (Register 95,No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No.
13).
16. Amendment of subsections (b)(8)(A)-(B) and(b)(8.1)(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 11343.4(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).
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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. Office of
Administrative Law, 3 Civil CO 10924, 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)1.-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 CO 10924, 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. 7).
24. Amendment of subsections(b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
11 Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
II Administrative Law, 3 Civil C010924, California Court of Appeal,Third Appellate District,
I 111 17
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 AdministrativeJ
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.
Office of Administrative Law, 3 Civil CO10924, 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)(8.1)-(b)(8.1)(A)and(b)(9)(E) filed 10-31-2008; operative 11-
30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office
of Administrative Law, 3 Civil CO10924, 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 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
18
Administrative Law, 3 Civil CO10924,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 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil CO 10924, 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)(8.1)-(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 OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil CO10924, 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).
34. Redesignation of portions of subsection(b)(8)(A)as new subsections (b)(8)(B)-(D),
amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection
(b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection(b)(9)(E) filed 12-
1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to
OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law,
3 Civil CO 10924, California Court of Appeal,Third Appellate District, nonpublished decision,
19
April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemakingJ
requirements and not subject to procedural or substantive review by OAL) (Register 2016, No.
49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and(b)(9)(E) filed 12-12-2018; operative 1-
11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and
printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil
CO10924, 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 2018, No.
50).
36. Amendment of subsections(b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant
to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair
Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, 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 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A),
(b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and
(b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2,
section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission
v. Office of Administrative Law, 3 Civil CO10924,California Court of Appeal,Third Appellate
District, nonpublished decision,April 27, 1992(FPPC regulations only subject to 1974
20
Administrative Procedure Act rulemaking requirements and not subject to procedural or
substantive review by OAL)(Register 2021,No. 20).
21
APPENDIX I
List of Designated Employee Positions
Position Disclosure Categories
Accountant 2
Assistant City Attorney 1
Assistant Engineer 1
Assistant City Manager 1
Assistant Planner 2
Associate Engineer 2
*Associate Planner 2*
Building Official 1
City Clerk 1
Designated Consultants** 1
Deputy Director of Public Works/City Engineer 1
Deputy Director of Public Works 1
Director of Community Development 1
Director of Public Works 1
Fleet Maintenance Program Manager 2
Finance Manager 1
Maintenance Services Supervisor 2
Marine Safety/ Lifeguard Chief 1
Marine Safety/ Lifeguard Lieutenant 1
*Planning Manager 1*
Police Chief 1
Recreation Manager 2
Senior Planner 2, 4
Senior Account Technician 3
Water Services Supervisor 2
*New Positions 1
Historic Preservation Committee 4
Recreation and Parks Commission 1
Police Captain 1
Police Lieutenant 1
Financial Analyst 2, 3, 4
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 are 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).
**Consultants who fit into one or more of the following categories shall be included
in the list of designated employees as "Designated Consultants":
A. Consultants who make (not just recommend) governmental
decisions, such as whether to approve a rate, rule, or regulation, whether
to issue, deny, suspend, or revoke any permit, license, application,
certificate, or similar authorization, adopt or grant City approval to a plan,
design, report, study, or adopt or grant City approval of policies, standards,
or guidelines for the City or any subdivision thereof.
B. Consultants who serve in a staff capacity with the City, and in that
capacity participate in making a governmental decision by providing
information, an opinion, or a recommendation for the purpose of affecting
the decision without significant intervening substantive review.
C. Consultants who perform the same or substantially all the same
duties for the City that would otherwise be performed by an individual
holding a designated position in the City's Conflict of Interest Code.
When the Designated Consultant is a corporation, partnership, or limited liability
company, only individuals who fit into one of the three categories of "Designated
Consultants" described above must file disclosure statements.
For Designated Consultants who serve in a staff capacity with the City (Category
B, described above), the consultant shall disclose based on the disclosure
categories assigned elsewhere in this code for that staff position.
For other Designated Consultants who do not serve in a staff capacity for the City
(Categories A and C, described above), the following disclosure categories shall
be used:
Persons required to disclose in this category shall disclose pursuant to Category
1 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 Category 1. 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. A clear
explanation of duties and a statement of the extent of the disclosure requirements
must be in a written public document(see Appendix).
*Bold Titles added to List of Designated Employee Positions
LAPPENDIX 2
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.
APPENDIX 3
[FAIR POLITICAL PRACTICES COMMISSION
FORMS 804 AND 805]
Agency Report of:
New Positions
California pO A
A Public Document Form o �}
. Agency Name (Also include,Division,Department,or Region(if applicable)) Amendment
L
Agency Contact Date of Original Filing:
(month,day,year)
Phone Number Email
2. New Position Information
Position Title/Classification Assigned Category OR Disclosure Requirement Assuming/Start Date
and Job Summary (Optional)
Start /
m /d /yr
Start //
mid lyr
Start //
m /d /yr
I
Start //
m /d /yr
Start //
m/d /yr
Start / /
m /d%yr
Start_//
m /d /yr
3. Verification
I have read and understand FPPC Regulations 18700.3 and 18734. I have verified that the disclosure assignment(s)set forth above, is
in accordance with its provisions.
Signature Name Title (month,day,year)
Comment: (Use this space or an attachment for any additional information.)
FPPC Form 804(2/16)
Print Clear FPPC Toll-Free Helpline:866/ASK-FPPC(866/275-3772)
Agency Report of: California 80 �1
New Positions Form O �t
A Public Document
J
State and local government agencies may use this form An agency changed the titles but not the duties and
to identify new positions that will make or participate in responsibilities of several positions. This form is not
making governmental decisions on behalf of the agency. required. The agency must file an amendment to update
An individual in a newly created position must file a the conflict of interest code.
Statement of Economic Interests (Form 700)within 30
days of assuming office. Instructions
This form identifies the Statement of Economic Interests,
Part 1
Form 700, disclosure requirements for individuals serving Identify the agency, contact information, and provide the
in new positions. This form is for the agency's internal amendment explanation in the comment section when
use and should be maintained by the agency in the same applicable.
manner as the agency's conflict of interest code. For more
information, refer to the FPPC website www.fppc.ca.gov Part 2
and Regulations 18700.3 and 18734. Identify the new position(s)and describe the position's
duties. Identify the disclosure by:
Disclosure Requirements
• Disclosure requirements should conform to the range of - Assigning an existing category(s)in the agency's
code, or
duties.
• Alternatively, the agency must require an individual - Writing a disclosure requirement.
to file under the broadest disclosure category in the Complete if the agency knows the employment date.
agency's conflict of interest code or, if the agency does
not have a conflict of interest code, full disclosure. Part 3
Full disclosure includes reporting all investments, business The agency's conflict of interest code should identify the
positions, and interests in real property held on the date position that is responsible for the verification.
of assuming office and income received during the 12
months immediately preceding assuming office. Example
When a newosition is added, in addition to completing Agency Report of
p New PoslUons 'A Public Document 804
this form, the agency should begin the process to amend 1.Agency Name Mcua w.....M,PM 4..4. D.,.,e.,.,
the conflict of interest code. •COAJowtPowers Aathonlyry Unwed 00. " "" .-..M.�
Sn+th.Adam Eeecubve Dram
I6...xv^eapro
5555555555 (edem.mat.Qcjpa.a.gov
Examples: 2.New Peettion Information
Prsts.ReWcheeatteeee mea Caped OR 0Y0Mm mRe a••••01ralee
MO Job NlMmry teMaeq
An agency added a new data processing manager
Data Processing Manager
position. The individual will be assigned the same (manages ITDept) 3
'''',4,?-1;.--:
disclosure category that the agency's other IT staff are Licensing Proctor Al investments,baseness
assigned. Idoy statement attached) 3 positions in Dueness enaties. :''.÷..+
and sources r
W income,Director Kgne,Including gifts.ba .
g end trawl payments.from
An agency implemented a new licensing program and a `°""`+`temente"°""°) 3 en;bes :a_lrk.-
new managerposition was added. Because this was a L�uwng Director tat are of the type subject to
g (duty statement attached) 3 Seeming
by the Department 0, ��
new program, the agency provided a written description we'object
to regulation by the
of the individual's disclosure requirements which included L�caruing Director
(duystatement eeached) 3 Department. -il—�
sources subject to the licensing procedures.
Licensing Director 3 (Atternetey,attach a
Idorystatm art attached) written explanation.) ,„.,,7.4„,_
An agency reorganized and changed the duties of several
positions listed in the conflict of interest code. This form is '".m
not required as positions are not new. The agency should 3.Vedfeatien
-eu
.id...eV PIPL Rre"WbmX.r! ove re)N.r A.n+whee4r Me OWue.
c.e. pnMmlW bM Ken.^w.4
begin to amend its conflict of interest code if the range of ^b+� ^•'^°r°
authority and types of decisions changed. weer e.....1 Adam Snot Executhotrecta 3.10-xx,
FPPC Form 804(2/16)
FPPC Toll-Free Helpline:866/ASK-FPPC(866/275-3772)
Agency Report of:
Consultants California 805
A Public Document Form
1. Agency Name (Also include,Division,Department,or Region(if applicable))
.Amendment
Agency Contact Date of Original Filing: 1
(month,day,year)
Phone Number Email
2. Firm Information
Firm Name
Firm Address Email(optional) Email(optional)
Describe General Purpose of Contract
3. Consultant Information
Consultant Name Assigned Category OR Disclosure Requirement Assuming/Start Date
11! Leaving/End Date
(if known)
Start / /
m /dd %yr
End / /
m /dd /yr
Start / /
m d /yr
End / /
m /dd /yr
Start / /
m /d /yr
End / /
m /dd /yr
4. Verification
I have read and understand FPPC Regulations 18700.3 and 18734. I have verified that the disclosure assignment(s)set forth above, is
in accordance with its provisions.
Signature Name Title (month,day,year)
Comment: (Use this space or an attachment for any additional information.)
Print Clear FPPC Form 805(2/16)
FPPC Toll-Free Helpline:866/ASK-FPPC(866/275-3772)
Agency Report of: California Q O G
Consultants Form v J
A Public Document
.1
State and local government agencies may use this form Instructions
to identify consultants that will make or participate in An individual must file the Form 700 within 30 days
making governmental decisions on behalf of the agency. of assuming office and an annual statement for each
A consultant must file a Statement of Economic Interests calendar year of the contract. At the conclusion of
(Form 700)within 30 days of assuming office. services a leaving office statement is required.
This form identifies the Statement of Economic Interests,
Part 1
Form 700, disclosure requirements for individuals serving
in these positions. This form is for the agency's internal Identify the agency, contact information, and provide the
use and should be maintained by the agency in the same amendment explanation in the comment section when
manner as the agency's conflict of interest code. For more applicable.
information, refer to the FPPC website www.fppc.ca.gov
and Regulation 18700.3 and 18734. Part 2
Identify the consultant's firm name and address. Briefly
Disclosure Requirements describe the general purpose of the contract.
• Disclosure requirements should conform to the range of
duties. 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
code, or
Full disclosure includes reporting all investments, business — Writinga disclosure requirement.
positions, and interests in real property held on the date
J
of assuming office and income received during the 12 Provide the start and end dates of service if known.
months immediately preceding assuming office.
Part 4
Examples: The Agency's conflict of interest code should identify the
An agency hired a law firm to act as its general counsel.
position that is responsible for the verification.
An individual will make recommendations to the agency's Example of Part 2& 3
board and provide general legal services. The individual
qualifies as a consultant and based on the indefinable 2.Fan Information
flan NYne
duties will be assigned the broadest or full disclosure ABCCgp,pa„r �teP«eq E weta�Ml
One.Address the agency's conflict of interest code. 101E Capital SI..Sacramento.CA 95814 _abccoCormpamy.com
Deanne General Purpose a Conner
Prepare an EIR en Dawn expana.on.
Not all outside contractors meet the consultant definition 3.Consultant Information
in FPPC Regulation 18700.3 requiring of the Form
Consultant Nems Assigned Category OR DleGoeuro Requirement µte�eenoaww
700. When an agency determines that an individual is a en Man)
consultant with limited duties,tailored disclosure should HectorRodrigucz 3I
ImmFr'r`1�
be used. °9iyf
An agency hired a firm to prepare an environmental impact
report("E1R') on airport expansion. The individual at
the firm who will prepare the E1R 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.
FPPC Form 805(2/16)
FPPC Toll-Free Helpline:866/ASK-FPPC(8661275-3772)