Chapter 2.60
CONFLICTS OF INTEREST GUIDELINES
Sections:
2.60.020 Incorporation of 2 California Code of Regulations Section 18730.
2.60.030 Designation of public officials, officials, employees and consultants.
2.60.010 Purpose and effect.
Pursuant to the Political Reform Act, Government Code Sections 81000 through 91015, the City adopts the following provisions to govern the requirements for its public officials, designated employees, and designated consultants to determine whether such persons have an economic interest or interests which are in substantial conflict with their official duties and powers. Nothing contained in this chapter is intended to modify or abridge the provisions of the Political Reform Act, statutes prohibiting conflicts of interest in contracts as set forth in Government Code Sections 1090 through 1097, or any other provisions of law, statutes or regulations pertaining to conflicts of interest. This chapter shall be interpreted in a manner consistent therewith.
(Ord. 2010-06, Added, 8/17/2010)
2.60.020 Incorporation of 2 California Code of Regulations Section 18730.
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. This regulation can be incorporated by reference by a legislative body and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform 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 incorporated by reference as if fully set forth in this chapter. An appendix in which officials, employees and consultants are designated and disclosure categories are set forth shall constitute the conflict of interest code of the City and shall be set by resolution. The City Clerk shall maintain current copies of said regulations and is directed to make available to all interested persons copies of 2 California Code of Regulations Section 18730.
(Ord. 2010-06, Added, 8/17/2010)
2.60.030 Designation of public officials, officials, employees and consultants.
A. Public Officials, Officials and Elected and Appointed Officers. The following public officials are subject to the disclosure and filing requirements set forth in Article 2 of the Political Reform Act, contained in Government Code Sections 87200 through 87210 and all regulations promulgated thereunder:
1. Mayor;
2. Council members;
3. Planning commissioners;
4. City manager;
5. City attorney;
6. City treasurer, finance director or other public officials managing public investments.
B. Public Officials, Officials, Employees and Consultants Not Subject to Article 2 of the Political Reform Act. Designated public officials, officials, employees and/or consultants that are not subject to Article 2 of the Political Reform Act are subject to City Council resolution that establishes designated positions.
1. Designated Positions. The City Council shall designate by resolution public officials, officials, employees and consultants as defined in Government Code Section 82019 et seq. who are deemed to make or participate in the making of decisions which may foreseeably have a material effect on any financial interest.
2. Consultants. A “consultant” for purposes of the conflict of interest code is a natural person (a) who provides, under contract, information, advice, recommendation or counsel to a local government agency; and (b) whose consulting position entails the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest. “Natural person” includes only the specific individual or individuals providing the consulting services, and does not include the corporate or other business entity which employs the individual. The term “consultant” excludes a person who (a) conducts research and arrives at conclusions with respect to his or her rendition of information, advice, recommendation or counsel independent of the control and direction of the agency or any agency official, other than normal contract monitoring; and (b) possesses no authority with respect to any agency decision beyond the rendition of information, advice, recommendation or counsel. A person who provides consulting services, advice, information, recommendations or counsel on a regular basis is included within the meaning of the term “consultant.” However, persons hired to produce a finished product or study, construct a project, represent the City in a piece of litigation, or conduct similar activities on an ad hoc basis are not included within the meaning of “consultant.”
a. Disclosure Requirements for Designated Consultants. If a natural person is a “consultant” as defined in subsection (B)(2) of this section and has not been designated as exempt from disclosure requirements pursuant to subsection (B)(2)(b) of this section, and such person has been deemed to make or participate in the making of decisions which may foreseeably have a material effect on any financial interest, such consultant shall provide such disclosures as the City Manager deems appropriate in light of the services provided by said consultant.
b. Consultants Exempt from Disclosure Requirements. The City Manager may determine in writing 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. Any such written determination shall include a description of the consultant’s duties and, based upon the description, a statement of the extent of disclosure requirements, if any. The City Manager may also determine whether a particular contract consultant constitutes a “consultant” as the term is defined in the Political Reform Act and regulations promulgated thereunder. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and in the same location as other filings required by the conflict of interest code.
(Ord. 2010-06, Added, 8/17/2010)
2.60.040 Filing requirements.
All public officials, officials, elected and appointed officers, persons holding designated positions and consultants that are subject to the filing and disclosure requirements as set forth by resolution shall file statements of economic interests with the City Clerk, who will make the statements available for public inspection and reproduction. Each designated filer shall report such information disclosing that filer’s interest in investments, real property, and income as designated reportable under the category to which the filer’s position is assigned in this conflict of interest code. Statements for all persons designated pursuant to this section will be retained by the City Clerk. Upon adoption of this conflict of interest code, the City Clerk shall advise all persons holding designated positions who have not previously been required to file disclosure statements that an initial statement must be filed within thirty (30) days of the effective date of this conflict of interest code. Thereafter, all public officials, officials, elected and appointed officers, persons holding designated positions, and consultants shall file assuming-office statements, annual statements, and leaving-office statements as required by the Political Reform Act, Government Code Sections 87200 through 87205 and 87302(b) and 2 California Code of Regulations Section 18730(5).
(Ord. 2010-06, Added, 8/17/2010)