Loading...
HomeMy Public PortalAbout04) 7B Conflict of Interest Code Biennial ReviewDATE: TO: FROM: MANAG EM ENT SERVIC ES DEPARTM ENT September 4 , 2018 The Honorable City Council Bryan Cook , City Manager By: Peggy Kuo, City Clerk MEMORANDUM SUBJECT: CONFLICT OF INTEREST CODE BIENNIAL REVIEW RECOMMENDATION: AGENDA IT EM 7.8. The City Council is requested to adopt Resolution No . 18-5357 (Attachment "A "), which updates the City's Conflict of Interest Code . BACKGROUND: 1. On October 5, 1976 , the City Council adopted the City's first Conflict of Interest Code pursuant to the Fair Polit ical Practices Act of 197 4. 2. On September 7 , 2010 , the City Council adopted Resolution No . 10-4963 approving · the amended Conflict of Interest Code for the City of Temple City. 3 . On November 6, 2012, City Council adopted Resolution No. 12-4868 confirming no amendments to the City's Conflict of Interest Code and thus satisfying the biennial review requirement of Government Code 87306.5. 4. On September 16, 2014 , City Council adopted Resolution No. 14-5028 approving an amendment to Exhibit B of the C ity's Conflict of Interest Code updating position classification titles and filing requirements for City employees. 5 . On June 7, 2016 , City Council adopted Resolution No. 16-5173 amending the Employee Classification Plan creating new classification titles (i.e., Parks and Recreation Manager, Building and Code Inspector I, II, Ill) and the respective salary ranges . 6. On September 6 , 2016 , City Council amended Exhibit B of the City's Conflict of Interest Code updating position classif ication t itles and filing requirements for City employees. City Council September 4, 2018 Page 2 of 3 7. On August 21, 2018, City Attorney Vail and staff reviewed the City's Conflict of Interest Code. ANALYSIS: The Political Reform Act requires every local government agency to review its conflict of interest code biennially to determine if it needs to be amended. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700). The City Council is the code reviewing body for city agencies. Since the City's adoption of its first Conflict of Interest Code in 1974, the City has reviewed it for accuracy and updated the Conflict of Interest Code as necessary. The City's Conflict of Interest Code is divided into three areas: Fair Political Practice Commission (FPPC) Regulation 18730; a list of designated City positions that must file Fair Political Practice Commission's Statement of Economic Interests (Form 700s) annually; and a list of the different categories of disclosure that apply to each designated position. The list of designated City positions, Exhibit B, in the City's Conflict of Interest Code includes employees, officers and consultants who make or participate in the making of decisions which may affect the City's financial interests and therefore must disclose those interests by filing a Form 700. These officials and employees must also exclude themselves from participating in the governmental decisions affecting those interests. City Attorney Vail and staff reviewed the current Conflict of Interest Code and concluded that only minor changes are needed. Since the City's last review in 2016, there has been an update in the gift limitations contained in Regulation 18730, from $460 to $470, and some non-substantive renumbering-related changes. In addition, there are no changes to the list of designated employees or the disclosure categories because there were no new positions within the organization that needed to be designated to file a Form 700. However, the disclosure category for consultants have been updated to clarify that consultants are subject to the broadest categories of disclosure, unless the consultant can demonstrate that they have only limited duties that warrant being subject to a lesser disclosure category. CITY STRATEGIC GOALS: Adoption of Resolution No. 18-5357 updating the City's current Conflict of Interest Code will satisfy the biennial review requirement of Government Code 87306.5 and further promote the City Strategic Goal of Good Governance. City Council September 4, 2018 Page 3 of 3 FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2018-19 City Budget. ATTACHMENT: A. Resolution No. 18-5357 ATTACHMENT A RESOLUTION NO. 18-5357 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ADOPTING THE CITY'S CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Conflict of Interest Code Adopted. Section 18730 of Title 2 of California Code of Regulations, attached as Exhibit "A" to this resolution, along with Exhibit "B" (Designated Employees for the Conflict of Interest Code) and Exhibit "C" (Disclosure Categories), attached hereto and incorporated herein by reference, are adopted as the Conflict of Interest Code of the City of Temple City and supersedes all previous versions of this code. SECTION 2. Statement of Economic Interests. Employees designated in Exhibit "B" shall file statements of economic interests (Form 700) with the City Clerk. The City Clerk shall forward the original Form 700s filed by the Mayor, Members of the City Council, Planning Commissioners, the City Manager, the City Attorney, and the City Treasurer to the Fair Political Practices Commission pursuant to California Government Code Sections 87500 and following. The City Clerk shall retain a copy of all statements of economic interests and make them available for public inspection and reproduction in accordance with Government Code Section 81008. SECTION 3. Maintenance of Conflict of Interest Code. The City Clerk shall maintain at all times one copy of the City's Conflict of Interest Code for examination by the public and shall cause the filing of such code in the manner required by law. PASSED, APPROVED AND ADOPTED this 41" day of September, 2018. William Man, Mayor APPROVED AS TO FORM: Peggy Kuo, City Clerk Eric Vail, City Attorney I, City Clerk of the City of Temple City, do hereby certify that the foregoing resolution, Resolution No. 18-5357 was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 41" day of September, 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Councilmember- Councilmember- Councilmember- Councilmember- EXHIBIT A REGULATIONS OF THE FAIR POLITICAL PRACTICES COMMISSION TITLE 2, DIVISION 6, CALIFORNIA CODE OF REGULATIONS Section 18730 (Regulations of the Fair Politica l Practices Co mmiss ion, T itle 2, Division 6, California Code of Regulations.) § 18730. Provis ions of Conflict of interest Interest Codes. (a) Incorporation by reference of the terms of this regul ati on along with the de signation of employees and the formul at ion of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or t he amendment of a confli ct of interest code within the meaning of Secti on 87306 if the term s of thi s regul ation are substituted for terms of a conflict of interest code already in effect. A code so amended or a dopted and promulgated requires the reporting of reportable items in a m anne r substantia ll y equivale nt to the requirements of article 2 of chapter 7 of t he Politi ca l Reform Act, Sections 81000, et seq,-'-The requirements of a conflict of interest code are in ad di tio n to other requirements of the P olitica l Reform Act, such as the general prohibiti on aga inst conflicts of interest contained in Section 87100, and to other s tate or local laws pertai nin g to conflicts of interest. (b) The t erms of a conflict of interest code amended or adopted and p r omulgated pursuant to this regul ation are as follows;; (1) Section 1. Definition s . The definitions contained in the Political Reform Act of 1974, regulations ofthe Fair Political Practices Commissi on (Regulations 18110 , et seq.), and any amendments to the Act or regulations, are incorporated by reference into thi s conflict of interest code. (2) Section 2. Des ig nated E mpl oyees. The persons holdin g positions li sted 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 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 repmi their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, 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 Refmm Act, 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 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 2 are the kind s of economic intere sts which he or s he foreseeab ly can affect materi a lly tlu·ough the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place ofFiling. The code reviewing body shall instruct a ll designated employees within its code to file statements of eco nomic intere sts with the agency or with the code r eviewing body, as provided by the code reviewing body in the agency's conflict of interest code .2 (5) Section 5. Statements ofEconomic Interes ts: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originall y adopted, promulgated and approved by the code reviewing body, shall file statements within 30 day s after the effect ive date of this code . Thereafter, each person already in a position when it is designated by an amendment to thi s code shall file a n initial statement within 30 days after the effective date of the amendment. (B) Ass uming Offi ce Statements. All perso ns ass uming designated positions after the effective date of thi s 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 appoi nted . (C) Annual Statements. All designated employees sha ll file statements no later than April L If a perso n reports for military se rvice as define d in the Servicemember's Civil Relief Act, the deadline for th e annua l statement of economic interes ts is 30 days following his or her return to office, provided the person, or someone authori ze d to represent the person's int erests, notifies the filing officer in wri ting prior to the applicab le filing deadline that he or she is subject to that federal statute and is unable to meet the app licabl e dead line, and provides the filing officer 3 verification of his or her military status. (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 petjury that during the period between appointment and resignation he or she did not make, pmiicipate 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 viliue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents oflnitial Statements. Initial statements shall disclose any repmiable 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. 4 (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 snbject 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 Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 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 Repotiing. Statements of economic interests shall be made on fonns prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following: 5 I. 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 propetiy; 4. A statement whether the fair market value of the investment or interest in real propetiy equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be repotied, 5 the statement shall contain: I. The name and address of each source of income aggregating $500 or more in value, or $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 $1,000 or less, greater than $1,000, greater than $10,000, or greater than $1 00,000; 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: 6 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 flier's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee sha ll li st the name and address of each bu siness entity in which he or she is a director, officer, partner, trustee , employee, or in which he or she holds any po s ition of management, a description of the business activity in which the business entity is engaged, and the designated employee's po sition with the business entity. (E) Acquisition or D isposa l During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was patiially 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 loca l government agency, shall accept any honorarium from any source, if the m ember or employee would be required to report the receipt of income or gifts from that source on his or her statement of econom ic interests. all This section shall not app ly to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected officia l. ,(Q Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this 7 section. ,WJ Thi s se ction sh all not limit or prohibit payments, advances, or reimbursements for travel and r elated lodging and subsi ste nce authori zed by Section 89506 . (8.1) Section 8.1 . Prohibition on Receipt of Gifts in Excess of $46f>4 70 . (A) No member of a state board or commission, and no designated employee of a s tate or local government agency, shall accept gifts wi th a tota l value of more than $46Q-470 in a calendar yea r fro m any single source, if the member or employee wou ld be required to rep01t the receipt of income or g ifts from that source on hi s or her statement of econ omic interests . ,(Ill This sec tion sh a ll not apply to a ny pmt-time member of the governing board of any public instituti on o f hi gh er education , unless the member i s also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall ap ply to the prohibitions in thi s section. (8.2) Section 8.2. Loans to Public Officials. (A) No e lected officer of a state or local government agency shall, from the date of his or her el ection to office tlrrough the date that he or s he vacates office, receive a p er sona l l oan fr om any officer, employee, m ember, or consultant of the state or local government agency in which the el ected officer holds office or over which the electe d officer's agency has direction and control. (B) No publi c official who i s exempt from the s tate civi l service system pursua nt to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or sh e holds office, receive a p e rsonal loan from any officer , employee, member, or consulta nt of the state or loc a l government age ncy in which the publ ic official hold s office or over whi ch the 8 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 pmi 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 Atiicle VII of the Constitution shall, while he or she holds office, receive a personal loan fi·om 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 9 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 $500 at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Te1ms. (A) Except as set fmih 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 $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the pmiies to the loan agreement, date of the loan, amount of the loan, tenn 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, grandpm·ent, 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. 10 (C) Nothing in this section sha ll exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. ,(bJ Except as set forth in s ubdivis ion (B), a personal loan received by any designated employee sh all 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 act ion fo r 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 follow ing : a. The date the loan was made. b. The date the last payment of $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 $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 thi s title. 3. A loan that would otherwise be a g ift as set forth under subdivision (A), but on which the creditor has taken rea sonable action to collect the balance due. 4. A loan that would otherwise be a gift as set fo rth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. 11 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 tor 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. (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 fi·om 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 $2,000 or more; (B) Any real property in which the designated employee has a direct or indirect interest worth $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 $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, 12 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 $469--470 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. Dis qualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, pa11icipate 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 pa11y 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 $1,000 or more. (1 0) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a 13 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 Section 83114 and Regulations 18329 and 18329.5 or fi·om 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. (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 Refonn Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. l Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under atiicle 2 for a different jurisdiction, may expand their statement of economic interests to cover repmiable 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 Section 81004. 2 See Section 81010 and Regulation 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. 14 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 Refonn 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 repmiable 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. Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code. HISTORY 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Cetiificate of Compliance included. 2. Editorial correction (Register 80, No. 29). 15 3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No.2). 4. Amendment of subsection (b)(7)(B)l. filed 1-26-83; effective thirtieth day thereafter (Register 83, No.5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46). 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16). 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8- 28-90; operative 9-27-90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title I, section I 00, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for Califomia Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title I, section 100, California Code of Regulations (Register 94, No.1). 13. Editorial correction adding History II and 12 and deleting duplicate section number (Register 94, No. 17). 16 14. Amendment of subsection (b )(8), designation of subsection (b )(8)(A), new subsection (b )(8)(B), and amendment of subsections (b )(8.1 )-(b )(8.1 )(B), (b )(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4( d) (Register 95, No. 11 ). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.l)(A), repealer of subsection (b)(8.l)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b )(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 18. Amendment of subsections (b )(7)(B)5., new subsections (b )(8.2)-(b )(8.4)(C) and amendment ofNote filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35). 19. Editorial correction of subsection (a) (Register 98, No. 47). 20. Amendment of subsections (b )(8.1 ), (b )(8.1 )(A) and (b )(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b )(8.1 )-(b )(8.1 )(A) and (b )(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version ofGovermnent Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal, lbird Appellate District, 17 nonpublished deci s ion, April27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No.2). 2.1. Amendment of su bsecti ons (b)(7)(A)4., (b)(7)(B)l.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4 . filed 2-13 -2001 . Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Ci vil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision , Apri l 27, 1992 (FPPC regulations only subj ect to 1974 Administrative Procedure Act rulemaking requi rements) (Register 2001, No.7). 24. Amendment of subsections (b )(8.1 )-(b )(8.1 )(A) fi l ed 1-16-2003; ope rative 1-1-2003 . Submitted to OAL fo r filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civi l CO 10924, Cali fomia Court of Appeal, Third Appellate District , non published decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking r eq uirements) (Register 2003, No. 3). 25. Ed itorial correction of History 24 (Register 2003, No. 12). 26. Editorial correcti on removing extraneous phrase in s ubsection (b)(9.5)(B) (Register 2004, No. 33). 27. Amendment of subsections (b )(2)-(3), (b )(3)(C), (b )(6)(C), (b )(8.1 )-(b )(8.1 )(A), (b )(9)(E) and (b)(ll)-(12) filed 1-4 -2 00 5; operative 1-1-2005 pursuant to Government Code section11343.4 (Register 2005, No. 1). 28. Amendment of s ub section (b)(7)(A)4. fi l ed 10-11-2005 ; operative 11-10-2005 (Register 2005, No. 41). 29. Amendment of s ubsections (a), (b)(1), (b)(3), (b)(8 .1), (b)(8.l)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Comm ission v. 18 Office of Administrative Law, 3 Civil CO 10924, California Comi of Appeal, Third Appellate District, nonpublished decision, April27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51). 30. Amendment of subsections (b)(8.1)-(b)(8.1 )(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44). 31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Qffice of Administrative Law, 3 Civil CO 10924, Califomia Court of Appeal, Third Appellate District, nonpublished decision, April27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47). 32. Amendment of section heading and subsections (a)-(b)(l), (b)(3)-(4), (b)(S)(C), (b)(8.1)- (b)(8.l)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office <!f Administrative Law, 3 Civil CO 10924, California Comi of Appeal, Third Appellate District, nonpublished decision, April27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No.2). 19 33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312( e)(l )(A), title 2, Ca li forn ia Code of R egul ations. Submitted to OAL fo r fi ling a nd printing pursuant to Fair Political Practices Commission v . Office of Administrative Law, 3 Civil CO 10924 , California Court of Appeal, Third Appellate Distri ct, nonpublished decision, April 27, 1992 (FPPC regulations only su bject to 1974 Administrative Pro cedure Act rulemaking requirements) (Register 20 14, No. 51). 3A.. Redesignation of portions of s ubsection (b )(8)(A) as new subsections (b )(8)(B)-(D), amendment of s ub sections (b )(8.1 )-(b )(8 .1 )(A), redes ig nation of p orti on s of subsecti on (b)(8.1)(A) as new subsections (b)(8.l)(B)-(C) and amendment of subsecti on (b)(9)(E) filed 12- 1-20 16; operative 12-31-201 6 pursuant to Cal. Code Regs. tit. 2, sec ti on 18 3 12( e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v . O.fflce of Administrative Law, 3 Civi l CO 10924, California Comt of Appeal, Third Appellate District, nonpublished de cision, April27, 1992 (FPPC regulations only subject to 1974 Admini strative Procedure Act rul emaking requirements and n ot subject to procedural or substantive review by OAL) (Register 2016, No. 49). 20 EXHIBIT 8 DESIGNATED EMPLOYEES DESIGNATED POSITIONS DISCLOSURE CATEGORY Positions listed in Government Code§ 87200 .................................................................. 1 (Including City Councilmembers, Planning Commissioners, City Manager, City Attorney, City Treasurer, Planning Director) Department Heads .................................................................. . All interim or acting department heads .................................... . City Clerk ................................................................................ . Department Managers ............................................................. . Department Supervisors ......................................................... . Building and Code Inspector ................................................... . Planners/Associate Planners .................................................. . Community Preservation Officers ............................................ . Parking Enforcement Officers ................................................. . Consultants* ............................................................................ . Other boards, commissions and committees ........................... . 4,5 4,5 4,5 4,5 4,5 3,4 3,4 3,4 ~ 4 2, 3, 4, 5 5 * Consultants acting in one of the capacities above where consultant is providing financial, legal or services related to zoning or purchasing. Consultants who perform more limited duties may apply to the City Manager for a more limited disclosure category depending on the type of duties involved. Revised 09/06/2016 EXHIBIT C DISCLOSURE CATEGORIES DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of investments, business entities, sources of income, and real property which the designated employee must disclose for each disclosure category to which he or she is assigned. Category 1: All investments, interests in real property and income as defined in the Political Reform Act (PRA) and as limited herein, and management positions in any business entity (including non-profit corporations and unincorporated associations) in which the person is a director, officer, partner, trustee, employee, or holds any position of management or is a paid consultant. Financial interests are reportable only if located within or subject to the jurisdiction of the City or if the business entity owns real property or is doing business or planning to do business in the City or has done business within the City at any time during the two years prior to the filing of the statement. Form 700, Schedules A through E. Category 2: Only investments as set forth in Category 1. Form 700, Schedule A. Category 3: Only interests in real property as set forth in Category 1. Form 700, Schedule B. Category 4: Only income as set forth in Category 1. Form 700, Schedules C, D, E. Category 5: Only management positions as set forth in Category 1. Form 700, Schedules B, C and D.