HomeMy WebLinkAbout12-189 - Resolutions RESOLUTION NO. 12-189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA,CALIFORNIA,ADOPTING AN UPDATED
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. 80-049(J)
A. RECITALS.
(1) The Political Reform Act, Government Code Section 81000,et seq., requires the
City to adopt a conflict of interest code for the City.
(2) The Fair Political Practices Commission has adopted a Model Conflict of Interest
Code (the "Model Code"). The Model Code, codified at 2 Cal. 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.
(3) The titles of various employees and positions in the City have been deleted,
added or revised since the last adoption of an updated conflict of interest code,
thereby necessitating an amendment to the City's current conflict of interest
code.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
1. The Model Code, attached hereto as Exhibit"A"and any amendments to it duly
adopted by the Fair Political Practices Commission, and Appendices"A"and"B"
are hereby incorporated by reference and shall constitute the Conflict of Interest
Code for the City.
2. Persons holding designated positions listed in Appendix'W'shall file Statements
of Economic Interest pursuant to Section 5 of the Model Code with the
information required for the disclosure category assigned to them and specified
in Appendix"B".
3. City Council Resolution No. 80-049(J) is hereby repealed.
4. The City Clerk shall certify to the adoption of this Resolution.
Please see the following page
for formal adoption,certification and signatures
PASSED, APPROVED, AND ADOPTED this 19'"day of December 2012.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
L. Dennis Michael, Mayor
ATTEST:
Vice C. Reynolds;City Cldrrk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted
by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City
Council held on the 19th day of December 2012.
Executed this 20"' day of December 2012, at Rancho Cucamonga, California.
V a#u�c1 �• 44x,�-��
J�rice C. Reynolds, City Jerk
Resolution No. 12-189 - Page 2 of 15
EXHIBIT "A"
FPPC MODEL CODE
§ 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:
(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 economic 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 thejurisdiction in which those persons must report their economic 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.
Resolution No. 12-189 - Page 3 of 15
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 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 in the Appendix. 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.
(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. 2
(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.
Resolution No. 12-189 - Page 4 of 15
(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, or for a board or commission member subject to Government Code section 87302.6,the day
after the closing date of the most recent statement filed by the member pursuant to 2 Cal. Code
Regs. section 18754.
(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 property'is required to be reported°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
equals or 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;
Resolution No. 12-189 - Page 5 of 15
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), greaterthan ten thousand dollars($10,000), or greaterthan 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 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.
(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 fortravel and
related lodging and subsistence authorized by Government Code section 89506.
(8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of$420.
(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 $420 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.
Resolution No. 12-189 - Page 6 of 15
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 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 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.
Resolution No. 12-189 - Page 7 of 15
(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.
(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 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.
Resolution No. 12-189 - Page 8 of 15
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/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$420
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.
Resolution No. 12-189 - Page 9 of 15
(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.
(11) 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 and 2 Cal. Code Regs. sections 18329 and 18329.5 or from the attorney for his or her
agency, provided that nothing in this section requires the attorney forthe agency to issue any formal
or informal opinion.
(12) 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—91014. 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.
. . . . . . . . . .
NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300
87302, 89501, 89502 and 89503, Government Code.
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.
2See 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.
3For the purpose of disclosure only(not disqualification),an interest in real property does not
include the principal residence of the filer.
°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 ortrust in which the individual, spouse and dependent children
own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
5A 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.
6Income 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.
Resolution No. 12-189 - Page 10 of 15
APPENDIX A
DESIGNATED POSITIONS
Disclosure
Designated Position Categories
Animal Care and Services Director 2, 3, 4, 5
Animal Care Supervisor 2, 3, 4, 5
Assistant City Engineer 2, 5, 6, 7
Assistant City Manager 2, 3, 4, 5
Assistant Library Director 2,5, 15, 16
Assistant Planning Director 2, 5, 6, 7
Assistant to the City Manager 2, 3, 4, 5
Building & Safety Services Director 2, 5, 6, 7
Building Inspection Supervisor 2, 5, 6, 7
City Attorney 1
City Council Member 1
City Manager 1
City Treasurer 1
Code Enforcement Supervisor 2, 5, 6, 7
Community Services Director 2, 5, 8, 9
Community Services Marketing Manager 2, 5, 8, 9
Community Services Superintendent 2, 5, 8, 9
Consultant: Special Counsel 10
Deputy City Manager/Administrative Services 2, 3, 4, 5
Deputy City Manager/Economic & Community Development Services 2, 5, 6, 7
Director of Engineering Services/City Engineer 2, 5, 6, 7
Director of Public Works Services 2,5, 17, 18
Facilities Superintendent 2, 5, 17, 18
Finance Director 2, 5, 11, 12
GIS/Special Districts Manager 2, 5, 13, 14
Historic Preservation Commissioner 2, 5, 6, 7
Human Resources Director 2,5, 19,20
Information Services Manager 2, 5, 13, 14
Library Board of Trustees Member 2, 5, 15, 16
Library Director 2, 5, 15, 16
Library Services Manager 2,5, 15, 16
Management Analyst ll, City Manager's Office -position added(new) 2,5, 13, 14
Management Analyst III, Administrative Services 2, 5, 13, 14
Park and Recreation Commissioner 2, 5, 8, 9
Parks/Landscape Maintenance Superintendent 2, 5, 17, 18
Plan Check & Inspection Manager 2, 5, 6, 7
Park and Recreation Commissioner 2, 5, 8, 9
Parks/Landscape Maintenance Superintendent 2, 5, 17, 18
Continued on page 12 4
Resolution No. 12-189 - Page 11 of 15
APPENDIX A
DESIGNATED POSITIONS
Disclosure
Designated Position Categories
Plan Check & Inspection Manager 2, 5, 6, 7
Planning Commissioner 1
Planning Director 2, 5, 6, 7
Planning Manager-position added(new) 2, 5, 6, 7
Principal Librarian 2,5, 15, 16
Principal Management Analyst, City Manager's Office-position added(new) 2,5, 19,20
Principal Planner 2, 5, 6, 7
Purchasing Manager 2, 5, 13, 14
Records Manager 2, 5, 19,20
Risk Management Coordinator 2, 5, 19,20
Senior Buyer-position added(new) 2, 5, 13, 14
Senior Civil Engineer 2, 5, 6, 7
Senior Park Planner- Community Services Department 2, 5, 8, 9
Senior Planner 2, 5, 6, 7
Street/Storm Drain Maintenance Superintendent 2, 5, 17, 18
Traffic Engineer 2, 5, 6, 7
Utility Division Manager 2, 5, 6, 7
Resolution No. 12-189 - Page 12 of 15
APPENDIX B
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 interest in Real Property in the jurisdiction. (FPPC Form 700, Schedule B).
3. Reportable Income, Loans and Business Positions (income other than gifts and travel
payments). (FPPC Form 700, Schedule C).
4. Reportable Investments. (FPPC Form 700, Schedule A-1 and A2).
5. Reportable Income—Gifts—Travel Payments. (FPPC Form 700, Schedule E).
6. Reportable income, loans and business positions from persons and 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 Community Development Department. (FPPC Form 700, Schedule C).
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 Community Development
Department. (FPPC From 700, Schedules A-1 and A-2).
8. Reportable income, loans and business positions from persons and business entities from
which the City purchases, plans to purchase, or has purchased within two years prior to the
time a statement is required under this conflict of interest code, supplies, materials, or
services subject to the direction, supervision or control of the Community Services
Department. (FPPC Form 700, Schedule C).
9. Reportable investments in business entities from which the City purchases, plans to
purchase, or has purchased within two years prior to the time a statement is required under
this conflict of interest code, supplies, materials, or services subject to the direction,
supervision or control of the Community Services Department(FPPC Form 700, Schedules
A-1 and A-2).
Resolution No. 12-189 - Page 13 of 15
10. For consultants who service 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,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 Department Director 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 Department
Director'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, loans and business positions. (FPPC Form
700, Schedule C)
C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-
2)
D. Reportable Income-gifts and travel payments. (FPPC Form 700,
Schedules D and E)
11. Reportable income, loans and business positions from any financial institution in which the
City deposits funds, plans to deposit funds, or has deposited funds within two years prior to
the time any statement is required under this conflict of interest code. (FPPC Form 700,
Schedule C)
12. Reportable investments in any financial institution in which the City deposits funds, plans to
deposit funds, or has deposited funds within two years prior to the time any statement is
required under this conflict of interest code (FPPC Form 700, Schedules A-1 and A-2.
13. Reportable income, loans and business positions from persons and business entities from
which the City purchases, plans to purchase, or has purchased within two years prior to the
time a statement is required under this conflict of interest code, supplies, materials, or
services subject to the direction, supervision or control of the Administrative Services
Department. (FPPC Form 700, Schedule C)
Resolution No. 12-189 - Page 14 of 15
14. Reportable investments in business entities from which the City purchases, plans to
purchase, or has purchased within two years prior to the time a statement is required under
this conflict of interest code, supplies, materials, or services subject to the direction,
supervision or control of the Administrative Services Department. (FPPC Form 700,
Schedules A-1 and A-2)
15. Reportable income, loans and business positions from persons and business entities from
which the Library purchases, plans to purchase, or has purchased within two years prior to
the time a statement is required under this conflict of interest code, supplies, materials, or
services subject to the direction, supervision or control of the Library. (FPPC Form 700,
Schedule C)
16. Reportable investments in business entities from which the Library purchases, plans to
purchase, or has purchases within two years prior to the time a statement is required under
this conflict of interest code, supplies, materials, or services subject to the direction,
supervision or control of the Library. (FPPC Form 700, Schedules A-1 and A-2)
17. Reportable income, loans and business positions from persons and 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 Public Works Services Department of the Community Development Department. (FPPC
Form 700, Schedule C)
18. 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 Public Works Services
Department of the Community Development Department. (FPPC Form 700, Schedules A-1
and A-2)
19. Reportable income, loans and business positions from persons and business entities from
which the Administration Department purchases, plans to purchase, or has purchased within
two years prior to the time a statement is required under this conflict of interest code,
supplies, materials, or services subject to the direction, supervision or control the
Administrative Services Department. (FPPC Form 700, Schedule C)
20. Reportable investments in business entities from which the Administrative Services
Department purchases, plans to purchase, or has purchased within two years prior to the
time a statement is required under this conflict of interest code, supplies, materials, or
services subject to the direction, supervision or control of the Administration Services
Department. (FPPC Form 700 Schedules A-1 and A-2).
Resolution No. 12-189 - Page 15 of 15