HomeMy WebLinkAbout12/03/2002, C2 - AMENDMENT OF THE CITY'S CONFLICT OF INTEREST CODE 2002 ADcouncil Mm°°°°W oa�
aacenaa Report
CITY OF SANI S OBI SPO
FROM: Lee Price, City Clerk
Prepared by: Diane Reynolds, Admin. Asst.
SUBJECT: AMENDMENT OF THE CITY'S CONFLICT OF INTEREST CODE 2002
CAO RECOMMENDATION
Adopt a resolution amending the City's Conflict of Interest Code..
DISCUSSION
The Political Reform Act (PRA) requires state and local government agencies to adopt and
promulgate a conflict of interest code and designate positions that are required to file statements
of economic interest with the City Clerk. In addition, the PRA requires that the City Council
review its conflict of interest code biennially to determine if it is accurate or must be amended.
A conflict of interest code must contain the following three basic componentsc
• Language incorporating the Fair Political Practices Commission (FPPC) Regulations, or the
basic provisions required in Government Code § 87302.
• A list of the designated positions that make and/or participate in making governmental
decisions.
• Disclosure categories specifying financial interests that designated positions must disclose.
Resolution No. 5044 was adopted in 1983 incorporating by reference the FPPC's standard model
code. Conflict of interest regulations are found in Chapter 7 of Title 2, Division 6 of the
California Code of Regulations. There have been no recent changes to the regulations. The
FPPC's standard model code remains unchanged and is attached as Attachment#1.
The Code has been updated regularly, primarily to reflect changes in job titles, positions and
classifications. In addition, certain advisory bodies have been added to the list of designated
positions. Recently staff conducted a review of the Code, as required by State law, and
determined that revisions to job titles, positions and classifications are needed. In the coming
months, additional changes to job titles and classifications are anticipated, pending
recommendations forthcoming by the City's job classification consultant relevant to certain
clerical and management positions. It is, therefore, recommended that the CAO be given the
administrative authority to make further changes to the Appendix at that time and in any other
circumstances in which a job title or classification is changed. This will streamline the update of
the list of designated filers and better assist staff in ensuring that the appropriate employees are
filing Statements of Economic Interest.
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Council Agenda Report—Conflict of Interest Code Update
Page 2
Note: The list of designated positions does not include the Mayor and Council Members,
Planning Commissioners, City Administrative Officer, City Attorney and City Finance
Director. These officials are required to file statements of economic interest pursuant to
Government Code § 87200, and are therefore not included in the List of Designated
Positions required to file pursuant to the City's conflict of interest code.
Attachments: #1 -FPPC Model Code
#2 -Resolution and Appendix
GA707 Statements of Economic Interest\2002 Conflict of Interest\Staff Report 2002 Conflict...
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ETACHMENT 1
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 Government Code section 87300 or the
amendment of a conflict of interest code within the meaning of Government Code
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, Government Code
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 Government Code 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: f i
(1) Section 1. Definitions. The definitions contained in the Political Reform Act of
1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs.
sections 18100, et seq.), and any amendments to the Act or regulations, are
incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees. The persons holding positions listed in the
Appendix are designated employees. It has been determined that these persons
make or participate in the making of decisions which may foreseeably have a
material effect on financial interests.
(3)Section 3. Disclosure Categories. This code does not establish any disclosure
obligation for those designated employees who are also specified in Government
Code 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 financial 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 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, Government Code
section 87200; and
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(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 financial interests are reportable. Such a designated employee shall disclose in
his or her statement of economic interests those financial 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 financial interests set forth
in a designated employee's disclosure categories are the kinds of financial interests
which he or she foreseeably can affect materially through the conduct of his or her
office.
(4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing
body shall instruct all designated employees within its code to file statements of
economic interests with the agency or with the code reviewing body, as provided by
the code reviewing body in the agency's conflict of interest code.?
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements.All designated employees employed by the agency on the
effective date of this code, as originally adopted, promulgated and approved by the
code reviewing body, shall file statements within 30 days after the effective date of
this code. Thereafter, each person already in a position when it is designated by an
amendment to this code shall file an initial statement within 30 days after the
effective date of the amendment.
(B)Assuming Office Statements.All persons assuming designated positions after
the effective date of this code shall file statements within 30 days after assuming the
designated positions, or if subject to State Senate confirmation,30 days after being
nominated or appointed.
(C)Annual Statements.All designated employees shall file statements no later than
April 1.
(D) Leaving Office Statements.All persons who leave designated positions shall file
statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any
person who resigns within 12 months of initial appointment, or within 30 days of the
date of notice provided by the filing officer to file an assuming office statement, is not
deemed to have assumed office or left office, provided he or she did not make or
participate in the making of, or use his or her position to influence any decision and
did not receive or become entitled to receive any form of payment as a result of his
or her appointment. Such persons shall not file either an assuming or leaving office
statement.
(A)Any person who resigns a position within 30 days of the date of a notice from the
filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of perjury
that during the period between appointment and resignation he or she did not make,
participate in the making, or use the position to influence any decision of the agency
or receive, or become entitled to receive, any form of payment by virtue of being
appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements. Initial statements shall disclose any reportable
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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.
(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 property2 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;
4. A.statement whether the fair market value of the investment or interest in real
property 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;
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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,§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 bythe.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. 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$320.
(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
$320 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
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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:
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 office, 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.
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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 exemptany 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:
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 nota 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:
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(A)Any business entity.in which the designated employee has a director 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 $320 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 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.
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 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.
(11)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 81000-91015. In addition, a decision in relation to which a violation of the
disqualification provisions of this code or of Govemment Code section 87100 or
87450 has occurred may be set aside as void pursuant to Government Code section
91003.
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1. Designated employees who are required to file statements of economic interests
under any other agency's conflict of interest code, or under article 2 fora 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.
2. See 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.
3. For the purpose of disclosure only (not disqualification), an interest in real
property does not include the principal residence of the filer.
4. 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.
5.A designated employee's income includes his or her community property interest
in the income of his or her spouse but does not include salary or reimbursement for
expenses received from a state, local or federal government agency.
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.
02/01/01
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ATTACHMENT 2
RESOLUTION NO. (2002 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 conflict of interest
statement; and
WHEREAS, the Political Reform Act requires that the City Council review its Conflict
of Interest Code biennially to determine if it is accurate or must be amended; and
WHEREAS, Resolution No. 9119 (2000 Series) adopted on November 9, 2000 amended
the Code by updating the Appendix (List of Designated Positions); 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. 9119 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.
SECTION 3. Changes to the Appendix, including job titles, positions and
classifications may be made without further approval by the City Council, when deemed
necessary and appropriate by the City Administrative Officer, or his/her designee.
Upon motion by seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of December 2002.
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ATTACHMENT 2
Resolution No. (2002 Series)
Page 2
Mayor Dave Romero
ATTEST:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
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Resolution No. (2002 Series) ATTACHMENT 2
Page 3
APPENDIX
AMENDED LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES'
POSITION DISCLOSURE CATEGORY
Administrative Office:
Assistant City Administrative Officer 1
Assistant to the City Administrative Officer 1
Economic Development Manager 3
Natural Resources Manager 3
City Attorney:
Assistant City Attorney 1
City Clerk:
City Clerk I
Community Development Dem:
Community Development Director 3
Deputy Community Development Director, Development Review 3
Deputy Community Development Director,Long Range Planning 3
Associate Planner(s) 3
Planning Technician 3
Chief Building Official 3
Building Inspector(s) 3
Plan Examiner 2
Building Permit Coordinator 3
Code Enforcement Coordinator 3
Finance Department:
Revenue Manager 2
Accounting Manager 2
Accounting Supervisor 2
Customer Services Supervisor 2
Information Systems Manager 2
Telecommunications Supervisor 2
'The Mayor and Council Members, Planning Commissioners, City Administrative Officer, City Attorney
and City Finance Director are required to file statements of economic interest 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.
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ATTACHMENT 2
Resolution No. (2002 Series)
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Appendix, page 2
POSITION DISCLOSURE CATEGORY
Fire Department:
Fire Chief 1
Battalion Chief(s) 3
Battalion Chief(Fire Marshall) 3
Hazardous Materials Coordinator 3
Fire Inspector 3
Human Resources Department:
Human Resources Director 1
Human Resources Analyst 2
Risk Manager 2
Police Department:
Chief of Police 1
Police Captain(s) 2
Police Lieutenant(s) 2
Communications Manager 2
Neighborhood Services Manager 2
Public Safety IS Coordinator 2
Administrative Assistant 2
Management Assistant 2
Public Works Department:
Director of Public Works 1
Deputy Public Works Director 2
Administrative Analyst 2
Streets Supervisor 2
Parking Manager 2
Parks Supervisor 2
Public Works Inspector(s) 3
City Engineer 3
Field Engineering Supervisor 3
Field Engineering Assistant 3
Supervising Civil Engineer 2
Engineering Assistant(s) 2
Supervising Mechanic 2
Arborist 2
Building Maintenance Supervisor 2
Transit Manager 2
Principal Transportation Planner 2
Program and Project Coordinator 3
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ATTACHMENT 2
Resolution No. (2002 Series)
Page 5
Appendix, page 3
POSITION DISCLOSURE CATEGORY
Recreation Department:
Director of Recreation 1
Recreation Manager 11 2
Recreation Manager I 2
Golf Course Supervisor 2
Recreation Supervisor-Youth Athletics/Special Events 2
Recreation Supervisor-Child Care 2
Recreation Supervisor-Aquatics 2
Recreation Supervisor—Adult Sports/Special Classes 2
Range Service Coordinator 2
Utilities DeQartment:
Utilities Director 1
Administrative Analyst 2
Utilities Engineer 2
Water Supply Supervisor(Whale Rock) 2
Water Treatment Supervisor 2
Wastewater Treatment Plant Supervisor 2
Industrial Waste Coordinator 2
Industrial Waste Inspector 3
Water Division Manager 2
Wastewater Division Manager 2
Water Distribution Supervisor 2
Wastewater Collection Supervisor 2
Water Conservation Coordinator 2
Water Projects Manager 2
Committees/Commissions:
Members of the Architectural Review Commission 3
Members of the Housing Authority 3
Members of the Cultural Heritage Committee 3
ATTACHMENT 2
Resolution No. (2002 Series)
Page 6
Appendix,page 4
Other Positions:
Housing Authority Executive Director 1
Downtown Association Administrator 1
Temporary Positions:2 1
Consultants:3 1
'Temporary positions may be required to file a conflict of interest statement upon determination by the City
Attorney that the temporary position is the functional equivalent of a designated position.
;Consultants 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 duties that is 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.
ea- SLP
- _ ATTACHMENT 2
Resolution No. (2002 Series)
Page 7
Appendix,page 5
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.