Chapter 1.28
CONFLICT OF INTEREST CODE
Sections:
1.28.010 Purpose.
1.28.015 Amendment and review.
1.28.020 Definitions incorporated.
1.28.030 Place of filing.
1.28.040 Filing officer.
1.28.050 Late filings and failure to file statements.
1.28.060 Designated positions.
1.28.070 Disclosure categories.
1.28.010 Purpose.
A. The Political Reform Act of 1974 (Cal. Gov. Code Section 81000 et seq.) (the “Act”) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) which contains the terms of a standard conflict of interest code. This regulation, including any future amendments made by the Fair Political Practices Commission, may be incorporated by reference into a local agency’s conflict of interest code. Therefore, the terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This chapter, along with the attachments hereto, shall constitute the conflict of interest code of the City of Livermore.
B. 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 of Livermore (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.
C. 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. 2101 § 2 (Exh. A), 2020; Ord. 2065 § 1(A), 2018; Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)
1.28.015 Amendment and review.
The city clerk will review the City’s conflict of interest code on an annual basis and if changes are required will submit a revised code for Council approval or if no changes are necessary so notify the City Council by the applicable deadline specified in the Act. (Ord. 2101 § 2 (Exh. A), 2020; Ord. 2065 § 1(A), 2018; Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)
1.28.020 Definitions incorporated.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Section 18110 et seq.), and any amendments to the Act or regulations are incorporated by reference into this conflict of interest code. (Ord. 2101 § 2 (Exh. A), 2020; Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)
1.28.030 Place of filing.
All officials and designated employees required to submit a statement of economic interests shall file their statements with the City’s filing officer. (Ord. 2101 § 2 (Exh. A), 2020; Ord. 2065 § 1(A), 2018; Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)
1.28.040 Filing officer.
The filing officer shall make and retain a copy of all statements filed by all officials subject to the Act, and forward the originals of such statements to the Fair Political Practices Commission. The filing officer shall retain the originals of the statements filed by all other designated employees. The filing officer will make all retained statements available for public inspection and reproduction during regular business hours. (Cal. Gov. Code Section 81008.) (Ord. 2101 § 2 (Exh. A), 2020; Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)
1.28.050 Late filings and failure to file statements.
Any violation of this code is subject to the administrative, criminal, and civil sanctions provided in the Act.
The filing officer shall impose penalties for statements of economic interests that are filed late. The fine is $10.00 per day beginning the day after the filing deadline, up to a maximum of $100.00. Late filing penalties can be reduced or waived under certain circumstances as provided in Section 91013 of the Act. (Ord. 2101 § 2 (Exh. A), 2020; Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)
1.28.060 Designated positions.
The persons listed in Appendix A of this chapter 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 economic interests. (Ord. 2101 § 2 (Exh. A), 2020; Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)
1.28.070 Disclosure categories.
A. This code does not establish any disclosure obligations 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 the City 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 Act, Government Code Section 87200 et seq. Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth herein specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned herein. It has been determined that the economic interests set forth in a designated employee’s disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office.
B. The mayor, members of the City Council and Planning Commission, the City Manager, the City Attorney, and all other City officials who manage public investments, as that term is defined by 2 California Code of Regulations Section 18701(b), are not subject to the City’s code but are subject to the disclosure requirements of the Act. (Cal. Gov. Code Section 87200 et seq.). [2 Cal. Code of Regs. Section 18730(b)(3).]
C. Employees/Consultants. Consultants that are registered professional engineers or licensed land surveyors who render professional engineering or surveying services independently of City control or direction and who do not exercise City decision making authority may not be required to comply with disclosure obligations in accordance with California Government Code Section 87100.1.
1. Disclosure Category 1. All designated employees and consultants in this category shall disclose all sources of income including gifts, loans and travel payments; investments; interests in real property and any business entities in which the designated employee is a director, officer, partner, trustee, employee or holds any management position.
2. Disclosure Category 2. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; interests in real property and any business entities in which the designated employee holds a management position if the business entity engages in land development, construction, the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing or other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction.
3. Disclosure Category 3. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; and business entities in which the employee holds a management position if the business entity is of the type which contracts with the City of Livermore to provide services, supplies, materials, machinery or equipment.
4. Disclosure Category 4. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments and business entities in which the designated employee holds a management position if the business entity is of the type which contracts with the designated employee’s department.
5. Section 87200 Filers. Local officials specified in Government Code Section 87200 include the mayor, City Council members, City Manager, City Attorney, and planning commissioners.
D. Advisory Bodies.
1. Airport Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management if the source of the income or business entity:
a. Is of the type that contracts with the City of Livermore to provide services, supplies, materials, machinery or equipment to the Livermore Airport; and/or
b. Is an airline or manufactures, distributes, sells or markets aircraft or products used in aviation.
Members of this commission shall disclose interests in real property located within two miles of the Livermore Airport.
2. Beautification Committee. Members of the Beautification Committee shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts with the City of Livermore to provide services, supplies, plants, trees, materials, equipment, or other outdoor fixtures or amenities or services, for landscape maintenance, construction or reconstruction; and/or
b. Engages in land development, construction, landscape design or architecture in connection with the construction, reconstruction or maintenance of property.
Members of the Beautification Committee shall also disclose interests in real property inside the City.
3. Climate Action Plan Advisory Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts to provide data, services, supplies, technology, materials, equipment, or other services, related to energy efficiency, recycling, sustainability, or climate change services.
4. Commission for the Arts. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:
a. Engages in land development; residential construction; the provision of architectural, engineering, or other services in connection with residential construction; the acquisition or sale of residential real property; or financing of land acquisition, development or residential construction.
Members of the Commission for the Arts shall disclose interests in real property located within, or not more than two miles outside, the boundaries of Livermore.
5. Community Asset Management Program. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments, and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts with the City of Livermore to provide services, supplies, materials, equipment, or other services, related to City infrastructure, construction or reconstruction.
b. Engages in the development, construction, design or architecture in connection with the construction, reconstruction or maintenance of City assets.
c. Is of the type that contracts with the City of Livermore to provide any other goods or services for the operation and maintenance of City assets.
6. Historic Preservation Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:
a. Engages in land development or provides contracting, landscape architecture, financial, or other services in connection with construction or reconstruction of property.
Members of the Historic Preservation Commission shall disclose interests in real property located within or not more than two miles outside the boundaries of Livermore.
7. Housing Authority. Members of the Livermore Housing Authority shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts with the City of Livermore to provide, or otherwise provides, housing services, subsidized housing, transitional housing, or affordable housing services;
b. Has applied for, plans to apply for, is receiving or within the previous two years has received funds under the Section 8 Voucher Program; and/or
c. Is of the type that contracts with the City of Livermore or the Livermore Housing Authority to provide any other goods or services for the operation and maintenance of the Authority and its functions.
Members of the Livermore Housing Authority shall also disclose interests in real property inside the City.
8. Human Services Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:
a. Has applied for, plans to apply for, is receiving or within the previous two years has received funds through the City of Livermore to provide services for meeting human needs; and/or
b. Provides underwriting, legal, or financial services in connection with the issuance of mortgage revenue or other housing bonds.
Members of the Human Services Commission shall disclose interests in real property located within, or not more than two miles outside, the boundaries of Livermore.
9. Library Board of Trustees. Members of this board shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:
a. Manufactures, repairs, distributes, sells, leases, or otherwise markets library materials and equipment including but not limited to books, periodicals, art slides or prints, records, or cataloguing equipment or systems; and/or
b. Is of the type that contracts with the City of Livermore to provide any other goods or services to the library.
Members of the Library Board of Trustees shall disclose interests in real property within one-half mile of any public library in Livermore. (Ord. 2101 § 2 (Exh. A), 2020; Ord. 2065 § 1(A), 2018; Ord. 2039 § 2(A), 2016; Ord. 2016 § 1(D), 2015; Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)
|
POSITION |
DISCLOSURE CATEGORY |
|---|---|
|
ADMINISTRATIVE SERVICES DEPARTMENT |
|
|
Administrative Services Director/Treasurer (Resolution 2009-205) |
1 |
|
Assistant Administrative Services Director |
1 |
|
City Clerk Division |
|
|
City Clerk |
1 |
|
Assistant City Clerk |
1 |
|
Deputy City Clerk |
1 |
|
Cyber Security Division |
|
|
Cyber Security Manager |
3 |
|
Finance Division |
|
|
Purchasing Specialist |
3 |
|
Financial Services Manager |
3 |
|
Accounting Supervisor |
3 |
|
Human Resources Division |
|
|
Human Resources Manager (Confidential) |
1 |
|
Human Resources Analyst, Senior (Confidential) |
1 |
|
Human Resources Analyst II (Confidential) |
1 |
|
Human Resources Analyst I (Confidential) |
1 |
|
Information Technology Division |
|
|
Information Technology Manager |
3 |
|
Systems Administrator |
3 |
|
Geographic Information Services Specialist |
3 |
|
Senior Information Technology Technician |
3 |
|
CITY ATTORNEY’S OFFICE |
|
|
Senior Assistant City Attorney (Confidential) |
1 |
|
Assistant City Attorney |
1 |
|
Deputy City Attorney |
1 |
|
Risk Manager |
1 |
|
Management Analyst (Confidential) |
1 |
|
CITY MANAGER’S OFFICE |
|
|
Assistant City Manager |
1 |
|
Assistant to the City Manager (Confidential) |
1 |
|
Deputy City Manager (Confidential) |
1 |
|
COMMUNITY DEVELOPMENT DEPARTMENT |
|
|
Administration Division |
|
|
Community Development Director |
1 |
|
Assistant Community Development Director |
1 |
|
Housing and Human Services Division |
|
|
Housing and Human Services Manager |
4 |
|
Housing Programs Manager |
4 |
|
Human Services Program Manager |
4 |
|
Building Division |
|
|
Building Official |
1 |
|
Senior Building Inspector |
2 |
|
Building Inspector I |
2 |
|
Building Inspector II |
2 |
|
Building Inspector III |
2 |
|
Plan Check Engineer |
2 |
|
Permit Center Manager |
2 |
|
Inspection and Neighborhood Preservation Manager |
2 |
|
Neighborhood Preservation Officer |
2 |
|
Engineering Division |
|
|
City Engineer |
1 |
|
Assistant City Engineer |
2 |
|
Assistant Engineer |
2 |
|
Junior Engineer |
2 |
|
Engineering Specialist |
2 |
|
Civil Engineer (Junior, Assistant, Associate, and Senior) |
2 |
|
Engineering Technician (Senior, Associate, and Assistant) |
2 |
|
Construction Inspection Manager |
2 |
|
Transportation Engineer (Senior and Associate) |
2 |
|
Planning Division |
|
|
Planning Manager |
1 |
|
Planner (Assistant, Associate, Senior, and Principal) |
2 |
|
INNOVATION AND ECONOMIC DEVELOPMENT DEPARTMENT |
|
|
Innovation and Economic Development Director |
1 |
|
Economic Development Manager |
2 |
|
Economic Development Specialist |
4 |
|
LIBRARY SERVICES DEPARTMENT |
|
|
Director of Library Services |
4 |
|
Assistant Library Director |
4 |
|
Supervising Librarian |
4 |
|
POLICE DEPARTMENT |
|
|
Police Chief |
3 |
|
Police Captain |
4 |
|
Police Lieutenant |
4 |
|
Information Technology Coordinator |
4 |
|
Police Facility and Equipment Manager |
4 |
|
Police Business Services Manager |
4 |
|
Police Support Services |
4 |
|
Police Media and Community Relations Analyst |
4 |
|
Horizons |
|
|
Youth and Family Services Manager – Clinical |
4 |
|
Youth and Family Services Manager – Programs |
4 |
|
PUBLIC WORKS DEPARTMENT |
|
|
Administration Division |
|
|
Public Works Director |
1 |
|
Assistant Public Works Director |
1 |
|
Public Works Manager |
2, 4 |
|
Public Works Supervisor |
4 |
|
Airport Division |
|
|
Airport Manager |
2, 4 |
|
Maintenance Division |
|
|
Maintenance and Golf Operations Manager |
2, 4 |
|
Water and Water Resources Division |
|
|
Water Distribution Operations Manager |
4 |
|
Water Resources Communications Representative |
4 |
|
Water Resources Coordinator |
4 |
|
Water Resources Division Manager |
2, 4 |
|
Water Resources Operations Manager |
4 |
|
Water Resources Source Control Inspector |
4 |
|
GENERAL CATEGORIES |
|
|
These categories cross departmental lines and are designated depending upon the type of duties to which they are assigned. |
|
|
Special Projects Coordinator |
Depending on assignment |
|
Management Analyst |
2 |
|
Management Analyst II |
4 |
|
Senior Management Analyst |
3 |
|
Management Analyst (Confidential) |
1 |
|
Senior Management Analyst (Confidential) |
1 |
|
Advisory Bodies |
|
|
Airport Commission |
3 |
|
Beautification Committee |
2, 3 |
|
Climate Action Plan Advisory Committee |
3 |
|
Commission for the Arts |
2 |
|
Community Asset Management Program |
2 |
|
Historic Preservation Commission |
2, 3 |
|
Housing Authority |
2 |
|
Human Services Commission |
2 |
|
Library Board of Trustees |
3 |
|
Consultant – a person who contracts with the City to provide work that falls into one of the following categories. The disclosure category for consultant is dependent upon the type of work being performed. |
|
|
1. Work of the type and/or nature that could or would be done by a designated employee identified in the City of Livermore conflict of interest code. The City Manager, or his or her designee, may find that a person need not fully comply with the disclosure requirements upon a written determination that the work and duties contracted are limited in scope and full compliance is unnecessary. The written determination shall identify what level of disclosure, if any, is required. |
|
|
2. Work that involves making or participating in making decisions which may foreseeably have a material effect on a financial interest subject to the reporting requirements of the Political Reform Act. |
|
(Ord. 2137 § 3 (Exh. A), 2022; Ord. 2101 § 2 (Exh. A), 2020; Ord. 2075 § 2 (Exh. A), 2018; Ord. 2065 § 1(A), 2018; Ord. 2039 § 2(B) (Exh. A), 2016; Ord. 2033 § 1(A), 2015; Ord. 2008 § 1 (Exh. A), 2014; Ord. 1970 § 2 (Exh. A), 2012)