HomeMy WebLinkAbout08-07-2012 c9 adoption of fppc form 806Meeting Dat e
August 7,2012
Item Number
C 9
counci l
j aGEnda aEpoat
C I T Y O F S A N L U I S O B I S P O
FROM :
Michael Codron, Assistant City Manage r
Prepared By :Sheryll Schroeder, Interim City Cler k
SUBJECT : ADOPTION OF FAIR POLITICAL PRACTICES COMMISSION FORM 806,
PERTAINING TO THE APPOINTMENT OF ELECTED OFFICIALS TO
COMPENSATED POSITIONS AND PERMITTING PUBLIC OFFICIALS T O
VOTE ON HIS/HER APPOINTMENT TO AN EXTERNAL BOAR D
POSITION
RECOMMENDATIO N
Approve Fair Political Practices Commission Form 806 for posting on the City's web site with th e
mandated information and direct the City Clerk to update as appropriate .
DISCUSSION
Backgroun d
The Fair Political Practices Commission (FPPC) adopted Regulation 18705 .5, which prohibite d
public officials from participating in a decision to appoint him or herself to an external boar d
position, if the appointment would have an economic benefit to the appointee in the amount of $25 0
or more within any 12 month period .
In March of 2012, the FPPC amended Regulation 18705 .5 to allow, under certain conditions,a
public official to participate in a government body decision that would appoint him or her to such a
position . One condition is that the City Council "adopts and posts on its website, on a form provide d
by the Fair Political Practices Commission, a list that sets forth each appointed position for whic h
compensation is paid, the salary or stipend for each appointed position, the name of the publi c
official who has been appointed to the position and the name of the public official, if any, who ha s
been appointed as an alternate, and the term of the position ."
In May of 2012, the FPPC adopted Form 806 to be used by the governing body to allow an electe d
official to participate in a decision to appoint him/herself to a Board, Commission, Special Agency ,
Joint Powers Agency or Authority, Joint Powers Insurance Agency or Authority, or a Metropolita n
Planning organization .
Form 806 must first be adopted by the City Council and posted on the City's website containing all
of the information as required by the FPPC and updated as needed to reflect current appointments .
The City currently has appointed elected officials to various outside agencies which provide a
stipend for meeting attendance . The most recent appointments are reflected on Attachment 3 . In
order to satisfy the requirements of the FPPC the City Council must approve Form 806 an d
authorize posting of this form to the City's website .
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FPPC Regulation 18705 .05,Form 806 Page2
CONCURRENCE S
The City Attorney has reviewed FPPC Regulation 18705 .5 and supports the adoption of Form 80 6
and posting of the mandated information .
FISCAL IMPAC T
None .
ALTERNATIVE S
Staff does not recommend an alternative as this is a FPPC regulation with which the City mus t
comply .
ATTACHMENT S
1.FPPC Regulation 18705 .5
2.Form 80 6
3.Council Subcommittee Assignments 2012
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code o f
Regulations)
§ 18705.5. Materiality Standard : Economic Interest in Personal Finances .
(a)A reasonably foreseeable financial effect on a public official's or his or her immediat e
family's personal finances is material if it is at least $250 in any 12-month period . When
determining whether a governmental decision has a material financial effect on a public official's
economic interest in his or her personal finances,neither a financial effect on the value of real
property owned directly or indirectly by the official, nor a financial effect on the gross revenues ,
expenses, or value of assets and liabilities of a business entity in which the official has a direct or
indirect investment interest shall be considered .
(b)The financial effects of a decision which affects only the salary, per diem,o r
reimbursement for expenses the public official or a member of his or her immediate famil y
receives from a federal, state, or local government agency shall not be deemed material, unles s
the decision is to appoint, hire, fire, promote, demote, suspend without pay or otherwise tak e
disciplinary action with financial sanction against the official or a member of his or he r
immediate family, or to set a salary for the official or a member of his or her immediate famil y
which is different from salaries paid to other employees of the government agency in the sam e
job classification or position, or when the member of the public official's immediate family is th e
only person in the job classification or position .
(c)Notwithstanding subsection (b), pursuant to Section 82030(b)(2) and Regulatio n
18232, a public official may make, participate in making, or use his or her official position to
influence or attempt to influence, a government decision where all of the following condition s
are satisfied :
C9-3
(1)The decision is on his or her appointment as an officer of the body of which he or she
is a member (e .g ., mayor or deputy mayor), or to a committee, board, or commission of a publi c
agency, a special district, a joint powers agency or authority, a joint powers insurance agency o r
authority, or a metropolitan planning organization .
(2)The appointment is one required to be made by the body of which the official is a
member pursuant to either state law, local law, or a joint powers agreement .
(3)The body making the appointment referred to in paragraph (1) adopts and posts on its
website, on a form provided by the Commission, a list that sets forth each appointed position fo r
which compensation is paid, the salary or stipend for each appointed position, the name of th e
public official who has been appointed to the position and the name of the public official, if any ,
who has been appointed as an alternate, and the term of the position .
COMMENT : Cross-references : For the definition of "immediate family," see Government Cod e
section 82029 .
Note : Authority cited : Section 83112, Government Code . Reference : Sections 87100, 87102 .5 ,
87102 .6, 87102 .8 and .87103, Government Code .
HISTORY
1.New section filed 11-23-98, operative 11-23-98 pursuant to the 1974 version of Governmen t
Code section 11380 .2 and title 2, California Code of Regulations, section 18312(d) and (e )
(Register 98, No . 48).
2.Change without regulatory effect amending section heading filed 3-26-99 pursuant to section
100, title 1, California Code of Regulations (Register 99, No . 13).
3.Editorial correction of History 1 (Register 2000, No . 25).
4.Amendment of section heading and section filed 1-17-2001 ; operative 2-1-2001 . Submitted t o
OAL for filing pursuant to Fair Political Practices Commission v.Office of Administrative Law ,
3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision ,
April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemakin g
requirements) (Register 2001, No . 3).
5.Amendment of subsection (a) filed 1-16-2002 ; operative 2-15-2002 (Register 2002, No . 3).
6.Amendment of subsection (b) filed 6-21-2005 ; operative 7-21-2005 (Register 2005, No . 25).
7.Amendment of subsection (a) filed 12-18-2006 ; operative 1-17-2007 . Submitted to OAL fo r
filing pursuant to Fair Political Practices Commission v,Office of Administrative Law, 3 Civi l
C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27 ,
1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemakin g
requirements) (Register 2006, No . 51).
8.New subsections (c)-(c)(3) filed 4-23-2012 ; operative 5-23-2012 . Submitted to OAL for filin g
pursuant to Fair Political Practices Commission v.Office of Administrative Law, 3 Civil
C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27 ,
1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemakin g
requirements and not subject to procedural or substantive review by OAL) (Register 2012 ,
No . 17).
Agency Report of :
Public Official Appointments A Public Documen t
1 .Agency Nam e
Division, Department, or Region (If Applicable)
Designated Agency Contact (Name,Title)
California 80 6Form
For Official Use Onl y
Date Posted :Area Code/Phone Number E-mail Page
(Month, Day,Year)
2.Appointments
3.Verificatio n
I have read and understand FPPC Regulation 18705 .5. I have verified that the appointment and information identified above is true to the best of my information and belief
Signature of Agency Head or Designee Print Name
Title (Month, Day,Year)
Comment :
FPPC Form 806 (5112)
FPPC Toll-Free Helpline : 8661ASK-FPPC (OBW 6-3772 )
Agency Boards;and'"
Commissions Name of Appointed Person Appt t)ate?an l::Length of Term Per.Meeting%Annual Salary/Stipend "
//
Appt Date
Per Meeting:$
Aitemate, if any
Estimated Annual:
q $0-$1,000 q $2,001-$3,00 0
other
Per Meeting:$
Alternate, if any .
//
Appt Data
Length of Tenn
Estimated Annual:
q $0-$1,000 q $2,001-$3,00 0
q $1,001-$2,000 q
other
Per Meeting:$
It Estimated Annual:
q $0-$1,000 q $2,001-$3,00 0
q $1,001-$2,000 0 Other
/Name (Last First)
)Per Meeting :$
Estimated Annual:
q $0-$1,000 q $2,001-$3,00 0
//
Appt Date
Length of Term(Last,First)Alternate, if any
1Name (Lest,hush
Name (Last, First)
I /
Appt Data
Length of Term
)Name (Last, First}
(Last First)Alternate, if any
q $1,001-$2,000 q Other
(Last. Pistil Length at Term
q $1,001-$2,000 q
(Last,First)
Agency Report of :
Public Official Appointments
Continuation Shee t
2. Appointments
FPPC Form 806 (5112 )
FPPC Toll-Free Helpline : 8661ASK-FPPC If 6-3772)
Agency Boards and .
Cpmmi'ss.ions Naive of Appointed Person Appt Date and.
Length ,of Term..Per MeetinglAnnuai SalarylStipen d
1 Per Meeting: $
/ Estimated Annual :
q $0-$1,000 O 52001-53,000
0$1,001-$2,000 0 ether
Appt Date
Length of Term
1 Per Meeting: $
/ Estimated Annual :
q $0-$1 ;000 O 52,00143,00 0
q $l,009-$2,000 0
Name
Other
Per Meeting: $
I Estimated Annual:
O $0-$1,000 0 $2,001-$3,00 0
O $1,001-$2,000 O
Other
1 Per Meeting : $
Estimated Annual:
O $041,000 q $2,001-$3 .000
q $1 ;001-$2,000 0
Other
Per Meeting: $
I Estimated Annual:
q $0-$1,000
0
t $2,00143,000
q $1,001-$2,000 0
1 Per Meeting: $
/ Estimated Annua l
O $0-$1,000 0 $2,00143,00 0
q $1,001-$2,000 O
Other
/Name
(Last. Fi(st)
/I
Length of Tans
Appt Date
(Lest.First)Alternate, if any
(Last, First)Alternate, if any
App; Date
I /
Length at Tenn
Nam e
Alternate, if any
(Last, First)
{Last, First)
Apps Dafe
Length of Term
(Last,fro
(Last, First)
/I
Appt Data
Length of Term
)Name
Alternate, if any
(Last, Fast)
(Last, First)
Appt Dafe
Length of Ter m
Nam e
Alternate, if any
(Last First)
(Last, First)
Name ,
Alternate, if any (Last First)
1 .Agency Name
California
0 6
Form Q
A Public Documen t
Page of
Agency Report of :
Public Official Appointments
California 80 6Form
A Public Documen t
Background
This form is used to report additional compensation tha tofficialsreceive when appointing themselves to position s
on committees, boards or commissions of a public agency ,
special district, and joint powers agency or authority . Fo r
example, a city councilmember may be appointed to serve a s
the city's representative on a joint powers insurance authorit y
or a metropolitan planning organization or mayor . (Regulatio n
18705.5, amended 03 .2012)
Each agency must post on its website a single Form 806 whic h
lists all the paid appointed positions .When there is a change i n
compensation or a new appointment, the Form 806 is update d
to reflect the change . The form must be updated promptly a s
changes occur
. Initial Agency Postin g
As soon as possible, each agency should prepare a For m
806 identifying all of the current paid appointments to othe r
governmental agencies . Thereafter, the form may be amended to
include the future appointments .
Instruction s
This form must be posted prior to a vote (or consent item) t o
appoint a governing board member to a paid position on anothe r
agency.
Part 1, Agency Identificatio n
Identify the agency name and information on who should b e
contacted for information .
Part 2 .Appointments
Identify the name of the other agency, board or commission . List
the name of the official, and an alternate, if any .
List the appointment date and the length of term the agency
official will serve . Disclose the stipend provided per meeting an d
the estimated annual payment . The annual salary is an estimate
as it will likely vary depending on the number of meetings .It i s
not necessary to revise the estimate at the end of the calenda r
year.
Part 3 . Verificatio n
The agency head or his/her designee must sign the verification .
Frequently Asked Questions (FAQs )
1 . When does an agency need to complete the Form 806 ?
A Form 806 is required when an agency's board member s
vote on an appointment for a board member to serve o n
another governmental agency and pay is provided .
3.Are appointments made by a governing board to appoin t
one of its members to serve as an officer of that board fo r
additional pay (e .g . mayor) required to be disclosed on Form
806 ?
Yes . Regulation 18705 .5 permits voting on your ow n
appointment to position of mayor as well as other boards an d
commissions so long as proper disclosure on the Form 806 i s
made . This exception and disclosure apply to agencies wit h
governing boards that are elected or appointed .
4.in determining the salary, must the agency include mileag e
reimbursements, travel payments, health benefits, and othe r
compensation ?
No . The FPPC regulation only requires the reporting of th e
stipend or salary .
5.Which agency must post the Form 806 ?
The agency that is voting to appoint a public official must pos t
the Form 806 on its website . The agency that the official wil l
serve as a member is not required to post the Form 806 . The
form is not sent to the FPPC .
6.When must the Form 806 be amended ?
The Form 806 should be amended promptly upon any of
the following circumstances : (1) the number of schedule d
meetings is changed, (2) there is a change in th e
compensation paid to the members, or (3) there is a chang e
in membership on the board or commission .
7.When a body meets irregularly, how should the annua l
compensation be estimated?
The agency should estimate compensation using the highes t
number of meetings .
8.In 2013 our agency will have a new appointment to a ne w
agency. How is the Form 806 updated ?
Before the agency votes on the appointment, the agency
should update the Form 806 and identify the othe r
governmental entity's name . If known, also include othe r
information such as the number of meetings and stipend .
As long as that information is posted prior to a vote of
the governing board on an appointment, the agency is i n
compliance with Regulation 18705 .5. Following the vote, th e
agency must update the form to identify the individual tha t
will serve .
Privacy Information Notic e
Information requested by the FPPC is used to administer an d
enforce the Political Reform Act . Failure to provide informatio n
may be a violation subject to penalties . All reports are publi c
records available for inspection and reproduction . Direct
questions to FPPC's General Counsel . Fair Political Practice s
Commission, 428 J Street, Ste . 620, Sacramento, CA 95814 .
FPPC Form 806 (5112 )
FPPC Toll-Free Helpline : 866/ASK-FPPC,ig5-3772 )
2 . The city council votes to serve as the city's housing authority ,
a separate entity. Will the Form 806 be required ?
If the council members receive an additional compensatio n
for serving on the housing authority, the Form 806 is required .
If there is no payment, the Form 806 is not required .
COUNCIL SUBCOMMITTEE ASSIGNMENTS 2011-201 2
COUNTY/REGIONAL 20 11 2201 2
Serves as voting representative .
CHAIR MEMBER CHAIR MEMBE R
Air Pollution Control District
(APCD),Quarterly)
Marx Ashbaugh Marx Ashbaug h
City Selection Committe e
(Mayor/Vice Mayor Alternate )
(1-2 times per year)
Marx Ashbaugh Marx Carpente r
Zone 9 Advisory Committe e
(Monthly)
Ashbaugh Marx Carter Ashbaug h
Nacimiento Water Project Carter Ashbaugh Carter Smit h
**LAFCO (Appointments made by Co.)
(Monthly)
Carter Ashbaugh Ashbaugh Marx
**San Luis Obispo Council o f
Governments (SLOCOG)(Monthly)
Marx Ashbaugh Marx Carte r
San Luis Obispo Regional Transit
Authority (SLORTA)(Monthly)
Marx Ashbaugh Marx Carte r
County Water Resources Adv .
Committee (Board of Supervisors )
(Monthly)
Ashbaugh Carpenter Ashbaugh Carter
Economic Vitality Corporatio n
(EVC)(Monthly)
Carpenter Carter Carter Smith
Whale Rock Commission (Mayor,
Vice Mayor serves as alternate)
(June & as needed)
Marx Ashbaugh Marx Carpente r
Community Action Partnershi p
(Monthly)
Ashbaugh Smith Ashbaugh Carpenter
Integrated Waste Managemen t
Authority (IWMA)(Monthly)
Ashbaugh Carpenter Ashbaugh Smith
CMC Citizens Advisor y
Committee (Monthly)
*2 year term ends 12/06
Carter Smith Smith Carpenter
Performing Arts Cente r
Commission (Mayor
representative/Vice Mayor a s
alternate)(Quarterly)
Marx
Lichtig
Ashbaug h
Codron
Marx
Lichtig
Carpenter
Codro n
PAC Facilities Standin g
Committee (Quarterly)
SPECIAL PURPOS E
SUBCOMMITTEE S
Serves as liaison representative .
Downtown Association Boar d
(Monthly)
Ashbaug h
CHAI R
Smith
201 1
Elke
MEMBE R
Carpenter
Carte r
CHAI R
Smith
201 2
Elke
MEMBE R
Carpente r
City/University
(Mayor/Rotation) (Quarterly)
Marx Rotation Marx Rotation
Student Community Liaiso n
Committee (Mayor/Rotation)
(Monthly)
Marx Rotation Marx Rotation
** Denotes which Committee provides a stipen d
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