Chapter 1.20
CONFLICT OF INTEREST CODE

Sections:

1.20.010    Purpose.

1.20.015    Amendment and review.

1.20.020    Definitions incorporated.

1.20.030    Place of filing.

1.20.040    Filing officer.

1.20.050    Disclosure categories.

1.20.060    Department positions.

1.20.070    Boards, commissions, committees.

1.20.080    Consultants.

1.20.010 Purpose.

A. The Political Reform Act of 1974, Government Code Section 81000 et seq., “the Act” herein, requires the City to adopt and promulgate a conflict of interest code. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference, and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference.

B. This chapter shall be known as the “conflict of interest code” of the City.

C. Nothing in this chapter is intended to modify or abridge the provisions of the Act commencing with Government Code Section 87100, which is applicable to all public officials of the City and directs that no public official of the City shall make, participate in the making, or in any way attempt to use their official position to influence a City decision in which the official knows, or has reason to know, that he or she has a financial interest as defined by the Act.

D. This chapter intends to designate those public officials of the City who are involved in City decisions, and to require such designated officials to disclose those financial interests (using Form 700) which could foreseeably be affected, in a material manner, by a City decision made by the official in the performance of the official’s responsibilities. (Ord. 2020-05 § 2 (Exh. A), 2020)

1.20.015 Amendment and review.

A. Amendment.

1. Changed Circumstances. Changed circumstances include, but are not limited to, the following: the creation of new positions, which must be designated pursuant to this chapter, and relevant changes in the duties assigned to existing positions. (Gov. Code § 87306(a).)

2. Amendment Due to Changed Circumstances. Within 90 days after the changed circumstances necessitating the amendment to this chapter become apparent, the City Manager shall submit a proposed amendment to the City Council. (Gov. Code § 87306(a).)

3. Manner of Amendment. This chapter shall be amended by the City Council after a noticed public hearing is held prior to adoption of the proposed amendment. (Gov. Code § 87311.)

B. Biennial Review.

1. No later than July 1st of each even-numbered year, the City Manager shall review this chapter. (Gov. Code § 87306.5(a).)

2. If a change in this chapter is necessitated by changed circumstances, it shall be amended pursuant to subsection A of this section. (Gov. Code § 87306.5(a).)

3. If no change in this chapter is required, the City Manager shall submit a written statement to that effect to the City Council no later than October 1st of the same year. (Gov. Code § 87306.5(b).) (Ord. 2020-05 § 2 (Exh. A), 2020)

1.20.020 Definitions incorporated.

Unless otherwise indicated, the definitions of the Act, regulations and amendments thereto and binding judicial opinions thereon are incorporated herein, and this chapter shall be interpreted in a manner consistent with such definitions. (Ord. 2020-05 § 2 (Exh. A), 2020)

1.20.030 Place of filing.

Designated employees shall file their statements with the filing officer of the City, who will make the statements available for public inspection and reproduction. (Gov. Code § 81008.) Statements for all designated employees will be retained by the City. (Ord. 2020-05 § 2 (Exh. A), 2020)

1.20.040 Filing officer.

The City Clerk is the filing officer of the City. (Ord. 2020-05 § 2 (Exh. A), 2020)

1.20.050 Disclosure categories.

A. Category 1 – Business Position/Investment Interests/Real Property Interests (Full Disclosure for Officials and Employees Whose Duties Are Broad and Indefinable). The designated employee shall report (1) all investments, business positions in, and income, including gifts, loans, and travel payments, from sources located in or doing business in the jurisdiction, and (2) interests in real property (not including primary residence) located in the jurisdiction, including any property owned or used by the City, in which the designated employee has a direct or indirect interest.

B. Category 2 – Real Property Interests. The designated employee shall report each interest in real property (not including primary residence) located within the jurisdiction of the City in which the designated employee has a direct or indirect interest.

C. Category 3 – Business Position/Investment Interests. The designated employee shall report all investments, business positions in, and income, including gifts, loans, and travel payments, from sources located in or doing business in the jurisdiction.

D. Category 4 – Income Interests. The designated employee shall report all income, including gifts, loans, and travel payments, of the designated employee from sources located in or doing business in the jurisdiction.

E. Category 5 – Less Inclusive Reportable Interests. The designated employee shall report all investments and business interests in, and income, including gifts, loans, and travel payments, from sources contracting with, providing services to, or selling to, the City. (Ord. 2020-05 § 2 (Exh. A), 2020)

1.20.060 Department positions.

A. The following positions are not covered by this chapter because they must file under Section 87200 of the Act and, therefore, are here listed for informational purposes only: City Manager, City Treasurer, and members of the Planning Commission.

B. The following are the designated positions within City departments together with the required disclosure category (* denotes 87200 filers):

Position

Category

A.

Administrative Services Department:

 

 

1.

Director of Administrative Services/City Treasurer

*

 

2.

Human Resources Manager

5

 

3.

Finance Manager

5

 

4.

Information Technology Manager

5

B.

City Clerk’s Department:

 

 

1.

City Clerk

1

C.

City Manager’s Department:

 

 

1.

City Manager

*

 

2.

Assistant City Manager

1

 

3.

Assistant to the City Manager

5

 

4.

Senior Management Analyst

5

D.

Community Development Department:

 

 

1.

Director of Community Development, Redevelopment and Housing

1

 

2.

Senior Planner

1

 

3.

Building Official

1

 

4.

Associate Planner

2, 5

 

5.

Building Inspector

2, 5

 

6.

Assistant Planner

2, 5

E.

Public Services and Engineering Department:

 

 

1.

Director of Public Services and Engineering

1

 

2.

City Engineer

1

 

3.

Principal Engineer

1

 

4.

Principal Architect

1

 

5.

Capital Projects Manager

1

 

6.

Public Services Administration Supervisor/Manager

1

 

7.

Associate Architect

1

 

8.

Associate Engineer

1

 

9.

Public Services Supervisor – Fleet

2, 5

 

10.

Public Services Supervisor – Parks

2, 5

 

11.

Public Services Supervisor – Services

2, 5

 

12.

Assistant Engineer

2, 5

 

13.

Public Services Technician

4

 

14.

Accounting Technician I

4

 

15.

Senior Management Analyst

5

 

16.

Management Analyst

5

 

17.

Master Mechanic

5

F.

Fire Services Department:

 

 

1.

Director of Fire Services

1

 

2.

Battalion Chief/Fire Marshal

1

 

3.

Fire Captain

2, 4

 

4.

Emergency Management Coordinator

1

 

5.

Beach Lifeguard Captain

4

 

6.

Beach Lifeguard Sergeant

5

G.

Library Services Department:

 

 

1.

Director of Library Services

1

 

2.

Principal Librarian

5

 

3.

Senior Librarian

5

 

4.

Librarian II

5

 

5.

Library Technician

5

 

6.

Accounting Technician I

5

H.

Police Services Department:

 

 

1.

Director of Police Services

1

 

2.

Police Captain

1

 

3.

Police Support Services Manager

5

 

4.

Police Dispatch Supervisor

5

I.

Recreation and Golf Services Department:

 

 

1.

Director of Recreation and Golf

1

 

2.

Golf Maintenance Supervisor

5

 

3.

Aquatics Supervisor

5

 

4.

Recreation Services Supervisor

5

J.

Other positions as may be designated by resolution of the City Council from time to time.

 

(Ord. 2020-05 § 2 (Exh. A), 2020)

1.20.070 Boards, commissions, committees.

Members of the following boards, commissions, and committees occupy designated positions with the following disclosure categories:

Position

Category

A.

All members of boards, commissions, or committees designated by resolution of the City Council, from time to time.

 

B.

Board of Appeals

1

C.

Civil Service Commission

3

D.

Design Review Commission

1

E.

Historic Resource Commission

1

F.

Library Board of Trustees

1

G.

Planning Commission

*

H.

Coronado Improvement Corporation

1

I.

Coronado Finance Authority:

 

 

1.

Authority Members

1

 

2.

Executive Director

1

 

3.

Treasurer

1

J.

Coronado Parks and Recreation Commission

2, 5

K.

Coronado Port Commissioner

1

L.

Coronado Tourism Improvement District Board

1

M.

Mobility Commission

1

N.

Cultural Arts Commission

1

O.

Successor Agency

1

P.

Oversight Board

1

(Ord. 2020-05 § 2 (Exh. A), 2020)

1.20.080 Consultants.

A. Consultants, as defined in 2 California Code of Regulations Section 18700.3, as may be amended from time to time, and which are not subject to subsection B of this section, shall be subject to Disclosure Category 1.

B. Limitation to Disclosure Category. The City Manager may determine that a particular consultant, although in 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 determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure required. The determination shall be included in the contract by which the consultant is hired by the City. 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. (Ord. 2020-05 § 2 (Exh. A), 2020)