Rancho Palos Verdes City Council
   

MEMORANDUM

TO: HONORABLE MAYOR & CITY COUNCILMEMBERS

FROM: ADMIN. SERVICES DIRECTOR/CITY CLERK

DATE: OCTOBER 1, 2002

SUBJECT: BIENNIAL REVIEW OF THE CITY’S CONFLICT OF INTEREST CODE

RECOMMENDATION

(1) Receive and file the 2002 Local Agency Biennial Notice for the City of Rancho Palos Verdes, the Rancho Palos Verdes Redevelopment Agency, and the Rancho Palos Verdes Improvement Authority indicating that the Conflict of Interest Code for these agencies need to be amended; and (2) ADOPT RESOL. NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING RESOLUTION NO.2000-65.

INTRODUCTION

Adoption of this proposed resolution will update the City’s Conflict of Interest Code to reflect those changes in position titles that have occurred since the last update in October 2000 and will also incorporate legislative changes made to the Fair Political Practices Commission’s (FPPC) model code.

BACKGROUND

The City has adopted by reference the FPPC’s model Conflict of Interest Code that contains certain designated positions and disclosure categories. Government Code Section 87306 requires that cities amend their code to reflect the creation of new positions or changes in any titles, as well as any changes made to the Political Reform Act. The City’s code was last amended in October 2000. Since that time two new job titles have been added to the City’s list of job titles: Deputy Planning Director and Director of Finance & Information Technology. The Deputy Planning Director title replaces the Planning Administrator title; and, the Director of Finance & Information Technology was added to reflect the fact that the Director of Finance also has responsibility for Information Technology. Additional changes are the result of legislative amendments to the FPPC’s model code, to wit:

a) Investments that must be reported have gone from those valued at $1,000 to $2,000;

(b) Sources of income that must be reported have gone from those that aggregate to $250 in a 12-month period to those that aggregate to $500 in a 12-month period;

(c) Interests in real property that must be reported have gone from those valued at $1,000 to those valued at $2,000;

(d) The Gift limit has increased from $300 to $320;

(e) The Personal loan limit has been increased from $250 to $500; and

(f) Requirements on disclosure of a conflict of interest have been modified.

CONCLUSION

Certain changes have occurred in job titles and in the FPPC’s model code which require that the City’s Conflict of Interest Code be updated.

Respectfully submitted,
Jo Purcell

Reviewed:
Les Evans, City Manager

RESOLUTION NO. 2002-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND REPEALING RESOLUTION NO. 2000-65

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:

Section 1. The Political Reform Act, Government Code Section 81000, et seq., requires the City of Rancho Palos Verdes ("City") to adopt a conflict of interest code for each department of the City.

Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the "Model Code"). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its conflict of interest code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act.

Section 3. Pursuant to Resolution No. 2000-65, the City adopted a Conflict of Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting an updated Conflict of Interest Code, designated positions and disclosure categories.

Section 4. The Model Code, attached hereto as Exhibit "A" and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices A-C are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City for the following departments:

A. Administrative Department;

B. Planning, Building and Code Enforcement;

C. Public Works Department.

Section 5. Persons holding designated positions listed in Appendices shall file Statements of Economic Interest pursuant to Section 5 of the Conflict of Interest Code with the information required for the disclosure category assigned to them.

Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.

Section 7. Resolution No. 2000-65 of the City is hereby repealed in its entirety.

Section 8. The City Clerk shall certify to the passage and adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 1st day of October, 2002.

_________________________

Mayor

ATTEST:

              _________l     

City Clerk

State of California )

County of Los Angeles ) SS

City of Rancho Palos Verdes )

I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No.2002-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 1, 2002.

__________________________

City Clerk

EXHIBIT A

Conflict of Interest Code

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.

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.

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

(C) The filing officer is the same for both agencies. 1 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.

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

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.

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.

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.

(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.

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 property 3 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, 5 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.

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.

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.

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:

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.

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.

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.

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 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.

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 $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.

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.

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.

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.

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 Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003.

ENDNOTES

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 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.

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.

ADMINISTRATIVE DEPARTMENT

Designated Position Disclosure Categories
Mayor and Council Member 1
City Manager 1
Assistant City Manager 2, 3, 4, 5
Assistant to the City Manager 2, 3, 4, 5
Senior Administrative Analyst 2, 3, 4, 5
Director of Finance/Information Technology 2, 3, 4, 5
City Treasurer 1
Director of Administrative Services 6, 7
Director of Recreation and Parks 2, 8, 9
City Attorney 1
Assistant City Attorney 2, 3, 4, 5
Consultant 10

 

ADMINISTRATIVE DEPARTMENT

DISCLOSURE CATEGORIES

1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200. No additional disclosure is required by this Conflict of Interest Code.

2. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

3. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

4. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

5. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).

6. Reportable income from persons and business entities, and reportable business positions in business entities, that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services to the City under the supervision, direction or control of the Administrative Department. (FPPC Form 700, Schedules C, D, E and F).

7. Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services to the City under the supervision, direction or control of the Administrative Department. (FPPC Form 700, Schedules A-1 and A-2).

8. Reportable income from persons and business entities, and reportable business positions in business entities, that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services to the City under the supervision, direction or control of the Director of Recreation and Parks. (FPPC Form 700, Schedules C, D, E and F).

9. Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services to the City under the supervision, direction or control of the Director of Recreation and Parks. (FPPC Form 700, Schedules A-1 and A-2).

10. For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.

For consultants who do not serve in a staff capacity for the City, the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

A. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B.)

B. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2.)

D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).

DEPARTMENT OF PLANNING, BUILDING AND CODE ENFORCEMENT

Designated Position Disclosure Categories
Planning Commissioner 1
View Restoration Commissioner 2, 3, 4, 5
Equestrian Committee Member 2, 3, 4, 5
Director of Planning, Building and Code Enforcement 2, 3, 4, 5
Deputy Director of Planning 2, 3, 4, 5
Principal Planner 2, 6, 7
Senior Planner 2, 6, 7
Associate Planner 2, 6, 7
Assistant Planner 2, 6, 7
City Engineer 2, 8, 9
Building Official 2, 8, 9
Senior Building Inspector 2, 8, 9
Building Inspector 2, 8, 9
Code Enforcement Officer 2, 8, 9
Consultant 10

 

DEPARTMENT OF PLANNING, BUILDING AND CODE ENFORCEMENT

DISCLOSURE CATEGORIES

1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200. No additional disclosure is required by this Conflict of Interest Code.

2. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

3. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

4. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

5. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).

6. Reportable income from persons and business entities, and reportable business positions in business entities, having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, review or approval of the Department of Planning, Building and Code Enforcement. (FPPC Form 700, Schedules C, D, E and F).

7. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, approval or review of the Department of Planning, Building and Code Enforcement. (FPPC Form 700, Schedules A-1 and A-2).

8. Reportable income from persons and business entities, and reportable business positions in business entities, having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services to a third party that are subject to the review or approval of the City Engineer, Building Official or Building Inspector. (FPPC Form 700, Schedules C, D, E and F).

9. Reportable investments in any business entities having an interest in real property in the jurisdiction that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services to a third party that are subject to the review or approval of the City Engineer, Building Official or Building Inspector. (FPPC Form 700, Schedules A-1 and A-2).

10. For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.

For consultants who do not serve in a staff capacity with the City, the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

A. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

B. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

D. Reportable gifts and travel gifts (FPPC Form 700, Schedules E and F).

PUBLIC WORKS DEPARTMENT

Designated Position Disclosure Categories
Director of Public Works 1, 2, 3, 4, 5
Deputy Director of Public Works 1, 2, 3, 4, 5
Senior Administrative Analyst 1, 4, 5
City Engineer 1, 4, 5
Senior Engineer 1, 4, 5
Associate Engineer 1, 4, 5
Maintenance Superintendent 1, 2, 3
City Geologist(s) (consultant(s)) 1, 4, 5
Contract Manager 1, 2, 3
Assistant Contract Manager 1, 2, 3
Consultant 6

PUBLIC WORKS DEPARTMENT

DISCLOSURE CATEGORIES

1. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

2. Reportable income from persons and business entities, and reportable business positions in business entities, having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction or control of the Public Works Department. (FPPC Form 700, Schedules C, D, E and F).

3. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction or control of the Public Works Department. (FPPC Form 700, Schedules A-1 and A-2).

4. Reportable income from persons and business entities, and reportable business positions in business entities, that provide, plan to provide, or have provided within two years from the time a statement is required under this conflict of interest code, services to a third party that are subject to the review or approval of the Public Works Department. (FPPC Form 700, Schedules C, D, E and F).

5. Reportable investments from persons and business entities that provide, plan to provide, or have provided within two years from the time a statement is required under this conflict of interest code, services to a third party that are subject to the review or approval of the Public Works Department. (FPPC Form 700, Schedules A-1 and A-2).

6. For consultants who serve in a staff capacity with the Agency, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.

For consultants who do not serve in a staff capacity, the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

A. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

B. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

D. Reportable gifts and travel gifts (FPPC Form 700, Schedules E and F).