HomeMy WebLinkAbout09/05/2006, C2 - AMENDMENT TO THE CITY'S CONFLICT OF INTEREST CODE 2006 j agenda RepoRt. 1�mN..b. C�
CITY OF SAN LUIS OBISPO
FROM: Audrey Hooper, City Clerka
SUBJECT: AMENDMENT TO THE CITY'S CONFLICT OF INTEREST CODE 2006
CAO RECOMMENDATION:
Adopt a resolution amending the City's Conflict of Interest Code..
DISCUSSION
Background
The Political Reform Act (PRA) requires local government agencies to adopt and implement a
Conflict of Interest Code, and designate positions that are required to file Statements of
Economic Interests (Form 700) with the City Clerk. In addition, the PRA requires that the City
Council review its Conflict of Interest Code biennially and to make amendments, if required.
A Conflict of Interest Code must contain the following three basic components:
• Language incorporating the Fair Political Practices Commission (FPPC) Regulations(Title 2,
Division 6, California Code of Regulations §18730), or the basic provisions set forth in
Government Code §87302.
• A list of the designated positions that either make or participate in making governmental
decisions.
• Disclosure categories specifying financial interests that designated positions must disclose.
The City's Conflict of Interest Code was first adopted in 1983 by Resolution No. 5044 and
incorporated, by reference, the FPPC's, standard model code (Attachment 1). The State has
made minor amendments to its standard model code since the City last updated its Conflict of
Interest Code in 2004, including an increase in the annual gift limit from $340 to $360.
Proposed Modifications
Staff recently conducted a review of the City's Conflict of.Interest Code in accordance with State
law. During this review, it became evident that a number of amendments to job titles, positions,
and classifications are warranted. 1. The Downtown Association. As the Downtown Association
makes recommendations upon policies that affect the downtown, which potentially could have a
material financial effect upon members of that advisory body, it is recommended that those
members be listed as designated positions under the Conflict of Interest Code and disclose
Council Agenda Report--Conflict of Interest Code Update
Page 2
financial interests of the type specified in disclosure category 1. 2. The Promotional coordinating
Committee. The Promotional Coordinating Committee makes recommendations regarding
community promotions contracts which the City enters into. It is recommended that members of
that committee also be designated positions under the Conflict of Interest Code and disclose
financial interests of the type specified in disclosure category 2.
These amendments are reflected in the Appendix to the resolution amending the City's Conflict
of Interest Code (Attachment #2). The Appendix does not include the Mayor and Council
Members, Planning Commissioners, City Administrative Officer, City Attorney or City Finance
Director since these officials are required to file Statements of Economic Interests pursuant to
Government Code §87200.
CONCURRENCES
The City Attorney's Office concurs with the recommended action, and will work with members
of the Promotional Coordinating Committee and Downtown Association to integrate them into
the process.
FISCAL IMPACTS
None.
Attachments: 1 -FPPC Model Code
2 -Resolution and Appendix
GA707 Statements of Economic Interest\2006 Conflict of Intcrest\Staff Report 2006 Conflict of Interest Code.doc
California Fair Political Practices Commission -- Regulations of the Fair Political Pract}� ,Agage
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Regulations of the Fair Political Practices Commission
TITLE 2, DIVISION 6, CALIFORNIA CODE OF REGULATIONS
gFPPC Home Page
gCommission
gAgendas (Back to Regulations of the Fair Political Practices Commission)
glnterested Persons'
Meetings Amend 2 Cal. Code Regs. section 18730 as follows:
gCandidates and
Committees
g,Lobbyists §18730. Provisions of Conflict of Interest Codes.
gRestrictibns on
Government Officials (a) Incorporation by reference of the terms of this regulation along with the
and Employees designation of employees and the formulation of disclosure categories in the
gEthics Orientation for Appendix referred to below constitute the adoption and promulgation of a conflict
State Officials of interest code within the meaning of Government Code section 87300 or the
®Conflicts of Interest/ amendment of a conflict of interest code within the meaning of Government Code
Form 700/COI Codes section 87306 if the terms of this regulation are substituted for terms of a conflict
gEnforcement of interest code already in effect.A code so amended or adopted and
gAudit Program promulgated requires the reporting of reportable items in a manner substantially
gWorkshops& Seminars equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act,
Government Code sections 81000, et seq. The requirements of a conflict of
gt Legislation interest code are in addition to other requirements of the Political Reform Act,
gLitigation such as the general prohibition against conflicts of interest contained in
gMailing Lists Govemment.Code section 87100, and to other state or local laws pertaining to
Q01-inks conflicts of interest.
gFPPC Media Center
Library and Publications (b)The terms of a conflict of interest code amended or adopted and promulgated
g
The Political Reform pursuant to this regulation are as follows:
Act
Regulations of the
Fair Political ( )1 Section 1. Definitions..
Practices
Commission The definitions contained in the Political Reform Act of 1974, regulations of the
gNewlyAmen Adopted or
Amended Fair Political Practices Commission (2 Cal. Code of Regs. sections 18100, et
Regulations/ seq.), and any amendments to the Act or regulations, are incorporated by
Proposed reference into this conflict of interest code.
Regulations
gFPPC Opinions (2) Section 2. Designated Employees.
RPFPPC Publications
Advice Summaries/ The persons holding positions listed in the Appendix are designated employees.
Advice Letters It has been determined that these persons make or participate in the making of
gFPPC Resolutions P P P 9
Proposition 34 decisions which may foreseeably have a material effect on economic interests.
Archive
Internet Political (3) Section 3. Disclosure Categories.
Practices
Phase 2 This code does not establish any disclosure obligation for those designated
(Forms&Manuals employees who are also specified in Government Code section 87200 if they are
Privacy designated in this code in that same capacity or if the geographical jurisdiction of
g�Contacting the FPPC this agency is the same as oris 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, Government Code sections 87200, et seq.
In addition,this code does not establish any disclosure obligation for any
�2 3
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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 of the Political Reform Act, Government
Code 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. 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.
(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
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ATTACHmENT 1
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 Government Code section 87302.6,
the day after the closing date of the most recent statement filed by the member
pursuant to 2 Cal. Code kegs. section 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) Investments and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,4
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;
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4. A statement whether the fair market value of the investment or interest in real
property equals or exceeds two thousand dollars ($2,000), exceeds ten thousand
dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds
one million dollars ($1,000,000).
(B) Personal Income Disclosure.When personal income is required to be
reported,s the statement shall contain:
1. The name and address of each source of income aggregating five hundred
dollars ($500) or more in value, or fifty dollars ($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 one thousand
dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than
ten thousand dollars ($10,000), or greater than one hundred thousand dollars
($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;
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 ten thousand dollars ($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 time member of the governing board of
any public institution of higher education, unless the member is also an elected
official.
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California Fair Political Practices J
ATTACHMENT 1
Subdivisions (a), (b), and (c) of Government Code 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 Government Code
section 89506.
(8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of$360.
(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 $360 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 Government Code 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 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 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 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: ,2—,7
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'ATTACHMENT 1
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 five hundred
dollars ($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 his or her election to office through the
date he or she vacates officei receive a personal loan of five hundred dollars
($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:
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 one hundred dollars ($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 two hundred fifty dollars ($250) during the previous 12 months.
(B) This section shall not apply to the following types of loans: �Y
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ATTACHMENT 1
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 asset 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.
(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 making 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 two thousand dollars ($2,000) or more;
(B)Any real property in which the designated employee has a direct or indirect
interest worth two thousand dollars ($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 five hundred dollars ($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$360 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 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
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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 one thousand dollars ($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
Government Code section 83114 and 2 Cal. Code kegs. sections 1.8329 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.
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, Government Code sections 81000
—91014. In addition, a decision in relation to which a violation of the
disqualification provisions of this code or of Government Code section 87100 or
87450 has occurred may be set aside as void pursuant to Government Code
section 91003.
NOTE: Authority cited: Section 83112, Government Code. Reference: Sections
87103(e), 87300 87302, 89501;89502 and 89503, Government Code.
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
Government Code section 81004.
2See Government Code section 81010 and 2 Cal. Code of Regs. section 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.
3For the purpose of disclosure only (not disqualification), an interest in real
property does not include the principal residence of the filer.
41nvestments and interests in real property which have a fair market value of less
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ATTACHMENT I
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.
SA 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.
61ncome 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.
History
1. New section filed 4-2-80 as an emergency; effective upon filing.
Certificate of Compliance included..
2. Amendment of subsection (b) filed 1-9-81; effective 30 days thereafter.
3. Amendment of subsection (b)(7)(B)l. filed 1-26-83; effective 30 days
thereafter.
4. Amendment of subsection (b)(7)(A)filed 11-10-83; effective 30 days
thereafter.
5. Amendment filed 4-13-87; effective 5-13-87.
6. Amendment of subsection (b)filed 10-21-88; effective 11-20-88.
7. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial
changes filed 8-28-90; effective 9-27-90.
B. Amendment of subsections (b)(3), (b)(8) and renumbering of following
subsections and amendment of NOTE filed 8-7-92; effective 9-7-92.
9. Amendment filed 2-4-93; effective upon filing.
10. Change without regulatory effect adopting COIC for California Mental
Health Planning Council filed 11.22-93. Approved by FPPC 9-21-93.
11. Change without regulatory effect redesignating COIC for California Mental
Health Planning Council filed 1-4-94.
12. Amendment filed and effective 3-14-95.
13. Amendment filed and effective 10-23-96.
14. Amendment filed and effective 4-9-97.
15. Amendment filed and effective 8-24-98.
16. Amendment filed and effective 5-11-99.
17. Amendment filed 12-6-2000; effective 1-1-2001.
18. Amendment filed 1-10-2001; effective 2-1-2001.
19. Amendment filed and effective 2-13-2001.
20. Amendment filed 1.16-03;effective 1-01-03.
21. Amendment filed and effective 01-01-05.
22. Amendment filed 10-11-2005;effective 11-10-05.
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http://www.fppc.ca.gov/index.htm]?ID=52&r_id=Aegal/regs/18730.htm 8/17/2006
ATTACHMENT 2
RESOLUTION NO. (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AMENDING
THE CITY'S CONFLICT OF INTEREST CODE
WHEREAS,the City Council adopted Resolution No. 5044 (1983 Series)
amending the City's Conflict of Interest Code by incorporating by reference the Fair
Political Practices Commission's standard model Conflict of Interest Code (Title 2,
Division 6 of the California Code of Regulations) and updating the list of designated
positions required to file a Statement of Economic Interests; and
WHEREAS,the Political Reform Act requires that the City Council review its
Conflict of Interest Code biennially to determine whether amendments are required; and
WHEREAS,Resolution No. 9621 (2004 Series) adopted on November 16, 2004,
amended the City's Conflict of Interest Code by updating the Appendix (List of
Designated Positions and Disclosure Categories); and
WHEREAS, a review of the Appendix indicates that amendments are necessary
to reflect changes in job titles,positions and classifications; and further reveals the need
to add disclosure categories specifying those financial interests that designated positions
must disclose.
NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Resolution No. 9621 (2004 Series) is hereby rescinded.
SECTION 2. The Fair Political Practices Commission's standard model Conflict
of Interest Code (Title 2, Division 6 of the California Code of Regulations), as
reorganized, along with the List of Designated Positions and Disclosure Categories in the
Appendix constitute the City of San Luis Obispo's Conflict of Interest Code.
Upon motion by , seconded by, and on the
following vote:
AYES:
NOES:
ABSENT:
�a�a
R
- ATTACHMENT 2
Resolution No. (2006 Series
Page 2
The foregoing resolution was adopted this day of 2006.
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
J P. Lowell
City Attorney
ATTACHMENT 2
APPENDIX
AMENDED LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES'
POSITION DISCLOSURE CATEGORY
Administrative Office:
Assistant City Administrative Officer 1
Economic Development Manager 3
Natural Resources Manager 3
Principal Administrative Analyst 1
City Attorney:
Assistant City Attorney 1
City Clerk:
City Clerk 1
Community Development:
Assistant Planner(s)_
Associate Planner(s) 3
Building Inspector(s) 3
Building Permit Coordinator 3
Chief Building Official 3
Code Enforcement Coordinator 3
Community Development Director 3
Contract Planner(s) 1
Deputy Community Development Director,Development Review 3
Deputy Community Development Director, Long Range Planning 3
Housing Programs Manager 3
Plan Examiner 2
Planning Technician 3
Senior Planner(s) 3
Finance&Information Technology Department:
Accounting Supervisor 2
R_ evenue S__u__pervis_o_ r• 2
Finance Manager 2
Information Technology Manager 2
Telecommunications Supervisor 2
'The Mayor and Council Members, Planning Commissioners, City Administrative Officer, City Attorney
and Gk-y Finance & Information Technology Drrector/City Treasurer are required.to file Statements of
Economic Interests pursuant to Government Code Section 87200,and are therefore,not included in the List
of Designated Positions required to file pursuant to the City's Conflict of Interest Code.
ATTACHMENT 2
Fire Department:
(Fire Marshal 3.
Battalion Chief(s) 3
Fire Chief 1
Fire Inspector 3
Hazardous Materials Coordinator 3
Human Resources Department:
Human Resources Analyst 2
Human Resources Director 1
Risk Manager 2
Police Department:
Administrative Analyst 2
Administrative Assistant 2
Chief of Police 1
Communications and Records Manager, 2
Neighborhood Services Manager 2'
Police Captain(s) 2
Police Lieutenants) 2
Public Works Department:
Administrative Services Manager 2
Engineering Technician(s) I—3 3
Facilities Maintenance Supervisor 2
CityTraffic Engineer_ _ 2
Construction Engineer Manager 2
Deputy Public Works Director 2
Director of Public Works 1
Engineer 1-3
Field Engineering Assistant 3
Fleet Maintenance Supervisor 2
GIS Supervisor. _ __ 2
Parking Manager 2
Parks and Urban Forest Supervisor 2
Permit Technician 3
Principal Transportation Planner 2
Program and Project Coordinator 3
Public Works Inspectors) 3
Senior Civil Engineer 3
Street Maintenance Supervisor 2
Supervising Administrative Assistant(s) 2.
Supervising Civil Engineer 2
Transit Manager 2
- ATTACHMENT 2
Parks &Recreation Department:
Director of Parks and Recreation 1'.
Golf Course Supervisor 2
Ranger Service Administrator 2
Recreation Manager 9 2
Recreation Supervisor- Sports 2
Recreation Supervisor-Aquatics 2
Recreation Supervisor-Child Gave Children's Services 2
Recreation Supervisor- Facilities 2
Utilities Department:
Administrative Analyst 2
Industrial Waste Coordinator 21
Industrial Waste Inspector _3
...:.........:
Utilities Director 1
Utilities Engineer 2
Wastewater Collection Supervisor 2
Wastewater Division Manager 2
Wastewater Treatment Plant Supervisor 2
Water Conservation Coordinator 2
Water Distribution Supervisor 2
Water Division Manager 2
Water Projects Manager 2
Water Supply Supervisor(Whale Rock) 2
Water Treatment Supervisor 2
Committees/Commissions:
Members of the Architectural Review Commission 3
Members of the Cultural Heritage Committee 3
Members of the Downtown Association 1'
_ - ._._. ......... .............._.
Members of the Housing Authority 3
Members of the Promotional Coordinating Committee, 2
Other Positions:
Consultants2 1
Downtown Association Administrator 1
Housing Authority Executive Director 1
Temporary Positions3 1
1
ATTACHMENT 2
ZConsultants should be included in the list of designated employees and shall disclose pursuant to the broadest
disclosure category in the code subject to the following limitation:
The City Administrative Officer may determine(upon written application by the consultant)that a particular
consultant,although a"designated position," is hired to perform a range of dutiesthatis limited in scope and
thus is not required to fully comply with the disclosure requirements described in this section. 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 Administrative Officer'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.
If a consultant believes he or she is exempt from disclosure requirements of law,prior to the application to the
City Administrative Officer,the consultant shall obtain opinion to that effect from an admitted attorney to
practice in the State of California,which opinion shall contain the information specified in the paragraph
above.
3Temporary positions may be required to file a Statement of Economic Interests upon determination by the City
Attorney that the temporary position is the functional equivalent of a designated position.
DISCLOSURE CATEGORIES
Category Reportable Interests
1 Investments,business positions, income from sources located in or doing business
in the jurisdiction,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.
2 Investments, business positions, and sources of income of the type which provide
services, supplies,materials, machinery or equipment of the type utilized by the
City.
3 Investments,business positions, and sources of income of the type that engage in
land development, construction or the acquisition or sale of property. 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.
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