HomeMy WebLinkAbout8129RESOLUTION NO 8129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AMENDING ITS CONFLICT OF INTEREST CODE PURSUANT TO THE
POLITICAL REFORM ACT OF 1974, INCLUDING THOSE CITY DESIGNATED
EMPLOYEES IN THEIR CAPACITY AS STAFF FOR THE SUCCESSOR
AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF
REDLANDS AND RESCINDING RESOLUTION NO 7870
WHEREAS, the Legislature of the State of California enacted the Political Reform Act of
1974, Government Code section 81000 et seq (the "Act"), which contains provisions relating to
conflicts of interest which potentially affect all officers, employees, and consultants of the City of
Redlands (the "City"), and requires all public agencies to adopt and promulgate a Conflict of
Interest Code; and
WHEREAS, the City adopted a Conflict of Interest Code pursuant to the Political Reform
Act of 1974 by Resolution No 3290 on October 5, 1976, and
WHEREAS, the City has amended its Conflict of Interest Code periodically as mandated
by law and as deemed necessary by the City Council of the City (this "City Council"), and
WHEREAS, this City Council last amended its Conflict of Interest Code by Resolution
No 7870 on September 4, 2018, and
WHEREAS, this City Council wishes to update its Conflict of Interest Code to identify the
current designated City employees and consultants that are subject to the Conflict of Interest Code;
and
WHEREAS, on November 1, 2011, this City Council approved Resolution No 7089
electing to serve as the successor agency ("Successor Agency"), pursuant to AB X1 26, to the
former Redevelopment Agency of the City of Redlands, and
WHEREAS, this City Council, for purposes of carrying out its role as Successor Agency,
has amended the City's Conflict of Interest Code, including those current designated City
employees and consultants serving in the capacity as staff to the Successor Agency, and
consultants, that are subject to the City's Conflict of Interest Code;
NOW, THEREFORE, be it resolved by the City Council of the City of Redlands that the
Conflict of Interest Code as set forth in Resolution No 7870 is hereby rescinded in its entirety and
replaced with the Conflict of Interest Code, attached as Exhibit "1," which is hereby adopted for
the City of Redlands in its capacity as Successor Agency to the former Redevelopment Agency of
the City of Redlands.
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ADOPTED AND APPROVED this 1st day of September, 2020
ATTEST
e Donaldson, City Clerk
Paul W Foster, Mayor
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregomg resolution
was duly adopted by the City Council at a regular meeting thereof held on the 1st day of September,
2020
AYES Councilmembers Banch, Tej eda, Momberger, Davis, Mayor Foster
NOES None
ABSENT None
ABSTAINED None
e Donaldson, City Clerk
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EXHIBIT "1"
CITY OF REDLANDS AND THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
CONFLICT OF INTEREST CODE
Adopted. October 5, 1976
Last Amended. September 1, 2020
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TABLE OF CONTENTS
A. Purpose/Incorporation by Reference
1 Statement of Purpose 3
2. Incorporation by Reference 3
B Definition of Terms
C Disclosure Statements
3
1 Designated Employees 4
2 Disclosure Requirements 4
3 Statements of Economic Interests Time of Filing Statements,
Contents Thereof 4
4 Statement for Persons who Resign 30 Days after Appointment 4
5 Place of Filing Statements 4
6 Forms for Statements 4
D Manner of Reporting 5
E Disqualification 5
F Opinions of the Commission and Counsel
1 Request for Opinion and Reliance 5
2 Evidence of Good Faith. 5
G Legislative or Judicial Amendments 6
H. Force and Effect of Code 6
Exhibit "A" - Designated Positions
Exhibit `B" - Disclosure Categories
7
9
ADDENDUM
Reference Definitions 10
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CONFLICT OF INTEREST CODE
OF THE
CITY OF REDLANDS, AND OF THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
A. Purpose/Incorporation by Reference.
1 Statement of Purpose. It is the purpose of this Code to provide for the disclosure of
designated employee assets and income which may be materially affected by such employees'
official actions, and, in appropriate circumstances, to provide that designated employees should be
disqualified from acting in order that conflicts of interest may be avoided. Nothing contained
herein is intended to modify or abridge the provisions of the Political Reform Act of 1974
(Government Code section 81000 et seq) (the "Act")
2. Incorporation by Reference. The Act requires state and local government agencies to
adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has
adopted regulations (2 Cal. Code of Regs , section 18730 et seq) which contain the terms of a
standard conflict of interest code, and which can be incorporated by reference in an agency's code.
After public notice and hearing, the agency's conflict of interest code may be amended by the Fair
Political Practices Commission to conform to amendments in the Political Reform Act. Therefore,
the provisions of 2 California Code of Regulations section 18730 et seq , and any amendments to
them duly adopted by the Fair Political Practices Commission, are hereby incorporated by
reference. These regulations, and the attached Appendix designating officials and employees and
establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of
Redlands ("City")
3 Public Availability Designated employees shall file their statements with the City,
which will then make the statements available for public inspection and reproduction (Government
Code section 81008) Statements for designated employees will be retained by the City
B Definition of Terms. This Conflict of Interest Code contains a number of key terms, such
as "designated employee," "interests in real property within the jurisdiction," "investments in
business entities," "income," and decisions "made" or "participated in" by a designated employee,
which are defined in the Act and the regulations of the Fair Political Practices Commission (2 Cal.
Code of Regs , section 18110 et seq) These definitions and regulations, and any amendments to
the Act or regulations, are incorporated by reference into this Conflict of Interest Code. Summaries
of certain definitions are contained in the attached Addendum which is provided for convenience
of reference only, and are not a part of this Conflict of Interest Code. The definitions of key terms
contained in the Act or the regulations are amended and changed from time to time. The summaries
of definitions contained in the Addendum will be updated accordingly on a periodic basis.
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C Disclosure Statements.
1 Designated Employees. The persons holding positions listed in Exhibit "A" of the
Appendix of this Conflict of Interest Code are "designated employees." It has been determined that
these officers and employees make or participate in the making of decisions which may foreseeably
have a material effect on financial interests.
2. Disclosure Requirements Each designated employee shall file an annual statement
disclosing interests in real property within the City's jurisdiction, investments in business entities,
business positions held or received during the previous calendar year, and income or sources of
income which might foreseeably be affected materially by the operations of the City The City has
determined that it is foreseeable that the types of investments, interests in real property, business
positions held or received during the previous calendar year, and income, and sources of income
listed in Exhibit "B" of the Appendix may be affected materially by decisions made or participated
in by the designated employee by virtue of his or her position, and are reportable if held by the
designated employee.
3. Statements of Economic Interests. Time of Filing Statements, Contents Thereof.
(a) Initial Statements. All designated employees employed on the effective date of this
Conflict of Interest Code, as originally adopted, promulgated and approved by the City Council,
shall file statements within thirty (30) days after the effective date of this Conflict of Interest Code.
Thereafter, each person already in a position when it is designated by an amendment to this
Conflict of Interest Code shall file an initial statement within thirty (30) days after the effective
date of the amendment. Initial statements shall disclose any reportable investments, interests in
real property, income and business positions held or received during the twelve (12) months prior
to the effective date of this Conflict of Interest Code.
(b) Assuming Office Statements. All new designated employees who are appointed,
promoted or transferred to a designated position after the effective date of this Conflict of Interest
Code shall file statements within thirty (30) days after assuming the designated position, disclosing
any reportable income, investments, interests in real property and business positions held or
received during the twelve (12) months prior to the date of assuming office.
(c) Annual Statements. Annual statements shall be filed by all designated employees
on or before April 1 of each year, disclosing any reportable investments, interests in real property,
income and business positions held or received in the period since the closing date of the
employee's previously filed statement and December 31
(d) Leaving Office Statements. Every designated employee who leaves office and does
not assume another designated position for the City shall file a statement within thirty (30) days
after leaving office disclosing any reportable investments, interests in real property, income
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and business positions held or received during the period since the last previous statement was
filed.
(e) Candidates' Statements. Candidates for election to City positions shall file a
statement no later than the final date for filing Declarations of Candidacy, disclosing reportable
investments and interests in real property held on the final date for filing Declarations of
Candidacy This subsection shall not apply to candidates who filed statements with the City within
the previous twelve (12) months under subsections (a), (b) or (c) of this Section.
4 Statement for Persons who Resign 30 Days after Appointment. Persons who resign
within thirty (30) days of initial appointment are not deemed to have assumed office or left office
provided they did not make or participate in the making of, or use their position to influence any
decision and did not receive or become entitled to receive any form of payment as a result of their
appointment. Such persons shall not file either an assuming or leaving office statement.
5 Place of Filing Statements. All designated employees required to submit a statement of
economic interests shall file the original with the City Clerk. The City Clerk shall make and retain
a copy of all statements filed by members of and candidates for the City Council of the City of
Redlands, the City Manager and City officials who manage public investments, and the City
Attorney, and forward the original of each such statement to the Fair Political Practices
Commission ("FPPC") The City Clerk shall retain the originals of the statements of all other
designated employees.
6. Forms for Statements. Forms for filing disclosure statements will be made available by
the City Clerk, and will adhere to the forms prescribed by the FPPC
D Manner of Reporting. The designated employee shall report all economic interests as
required under California Code of Regulations section 18730
E. Disqualification. Designated employees must disqualify themselves as required pursuant
to California Code of Regulations section 18730 (section 9)
F Opinions of the Commission and Counsel.
1 Request for Opinion and Reliance Any designated employee who is unsure of any
duty, nght, or privilege of participation in any matter under this Code or under the provisions of
the Act may request a formal opinion or letter of advice from the FPPC, or an opinion from the
City Attorney, provided that nothing in this Conflict of Interest Code requires the City Attorney to
issue any formal or informal opinion.
2. Evidence of Good Faith. If an opinion or a letter of advice is rendered by the FPPC
stating in full the facts and law upon which the opinion is based, compliance therewith by the
designated employee is evidence of good faith in any criminal proceeding and is a presumption
affecting the burden of proof of any civil proceeding brought under the Act or this Conflict of
Interest Code. The designated employee's good faith compliance with such opinion shall also
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constitute a complete defense to any disciplinary action brought by the authority under section
91000 et seq of the Act or this Conflict of Interest Code.
G Legislative or Judicial Amendments. All amendments or changes to the provisions of the
Act, occurring as the result of legislative amendment or judicial decision, shall automatically and
immediately be incorporated into this Conflict of Interest Code and this Conflict of Interest Code
shall, without further action, thereupon be deemed amended and changed to reflect such legislative
or judicial amendment or decision.
H. Force and Effect of Code This Conflict of Interest Code has the force and effect of law
Designated employees violating any provision of this Conflict of Interest Code are subject to the
administrative, criminal and civil sanctions provided by the Act.
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EXHIBIT "A"
DESIGNATED POSITIONS
The Mayor, Members of the City Council, Board Members of the Successor Agency, the
City Manager, the Executive Director of the Successor Agency, and other City officials who
manage public investments, and the City Attorney, are included in and governed by this Conflict
of Interest Code only with respect to its disqualification provisions. For purpose of disclosure, the
Mayor, members of the City Council and Board Members of the Successor Agency, Planning
Commissioners, the City Manager, the Executive Director of the Successor Agency, City Attorney,
City Treasurer, and the City officials who make public investments are governed by the statutory
conflicts of interest provisions of Article 2 of Chapter 7 of the Political Reform Act of 1974
(Government Code section 87200 etseq )
DESIGNATED EMPLOYEE'S TITLE OR
FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
TY CLERIC'S: OFFCE:
City Clerk
All Disclosure Categories (1-7)
CITY MANAGER'S OFFICE
Assistant City Manager
All Disclosure Categories (1-7)
Procurement Manager
All Disclosure Categories (1-7)
Management Analyst
Disclosure Categories (1,3,5-7)
Administrative Analyst
Disclosure Categories (1,3,5-7)
?1. ELO'VIENT`SERVICES
Development Services Director
All Disclosure Categories (1-7)
Administrative Analyst
Disclosure Categories (1,3,5-7)
Chief Building Official
Disclosure Categories (1-3,5-7)
Plans Examiner
Disclosure Categories (1,3,5-7)
Economic Development Manager
All Disclosure Categories (1-7)
Project Manager I/II
All Disclosure Categories (1-7)
City Planner
All Disclosure Categories (1-7)
Principal Planner
All Disclosure Categories (1-7)
Senior Planner
All Disclosure Categories (1-7)
Junior/Assistant/Associate Planner
All Disclosure Categories (1-7)
Fire Chief
All Disclosure Categories (1-7)
Fire Deputy Chief
All Disclosure Categories (1-7)
Fire Battalion Chief
Disclosure Categories (1-3, 5-7)
Fire Marshal
All Disclosure Categories (1-7)
Management Analyst
All Disclosure Categories (1-7)
Emergency Operations Specialist
All Disclosure Categories (1-7)
EMS Coordinator
All Disclosure Categories (1-7)
HUMAN RESOURCES/RISK
Assistant, Director, HR/Risk Management
All Disclosures Categories(1-7)
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DESIGNATED EMPLOYEE'S TITLE OR
FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
Human Resources Manager
All Disclosure Categories (1-7)
Human Resources Analyst/Volunteer Coordinator
Disclosure Categories (1,3,5-7)
Risk Management Specialist
Disclosure Categories (1,3,5-7)
Human Resource Specialist
Disclosure Categories (1,3,5-7)
LIBRARY
Library Director
All Disclosure Categories (1-7)
Archivist Curator
Disclosure Categories (1,3,5-7)
Principal Librarian
Disclosure Categories (1,3,5-7)
Senior Librarian
Disclosure Categories (1,3,5-7)
Associate Archivist
Disclosure Categories (1,3,5-7)
Technical Services Coordinator
Disclosure Categories (1,3,5-7)
Management Analyst
Disclosure Categories (1,3,5-7)
Systems Administrator
Disclosure Categories (1,3,5-7)
Adult Literacy Coordinator
Disclosure Categories (1,3,5-7)
MANAGEMENT SERVICES/FINANCE
Director, Management Services / Finance
All Disclosure Categories (1-7)
Assistant Finance Director
All Disclosure Categories (1-7)
Fiscal Manager
All Disclosure Categories (1-7)
GIS Supervisor
All Disclosure Categories (1-7)
Network Engineer
All Disclosure Categories (1-7)
IT Operations Manager
All Disclosure Categories (1-7)
Database Administrator
All Disclosure Categories (1-7)
Systems Administrator
All Disclosure Categories (1-7)
GIS Administrator
All Disclosure Categories (1-7)
Info Systems Supervisor
All Disclosure Categories (1-7)
MUNICIPAL UTILITIES & _ENGINEERING
Director of Municipal Utilities and Public Works
Engineering/City Engineer
All Disclosure Categories (1-7)
Engineering Manager
All Disclosure Categories (1-7)
One Stop Permit Center Manager
All Disclosure Categories (1-7)
Principal Project Manager
Disclosure Categories (1-3,5-7)
Project Manager II/ Sr Project Manager
Disclosure Categories (1-3,5-7)
Management Analyst
Disclosure Categories (1,3,5-7)
Water Resources Specialist
Disclosure Categories (1,3,5-7)
Administrative Analyst
Disclosure Categories (1,3,5-7)
Asst/Assoc/Civil/Sr Civil Engineers
Disclosure Categories (1,3,5-7)
Construction Inspector I/II
Disclosure Categories (1,3,5-7)
Senior Construction Inspector
Disclosure Categories (1,3,5-7)
Wastewater Operations Superintendent
All Disclosure Categories (1-7)
Utilities Operations Manager
All Disclosure (1-7)
Water Production/Maintenance Superintendent
Disclosure Categories (1,3,5-7)
Water Distribution Superintendent
Disclosure Categories (1,3,5-7)
Water Production Operations Supervisor
Disclosure Categories (1,3,5-7)
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DESIGNATED EMPLOYEE'S TITLE OR
FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
Water Productions Maintenance Supervisor
Disclosure Categories (1,3,5-7)
Water Distribution Supervisor
Disclosure Categories (1,3,5-7)
Senior Water Treatment Operator
Disclosure Categories (1,3,5-7)
Utilities Maintenance Foreperson
Disclosure Categories (1,3,5-7)
Water Quality Technician I/II
Disclosure Categories (1,3,5-7)
Wastewater Operations Supervisor
Disclosure Categories (1,3,5-7)
Laboratory Supervisor
Disclosure Categories (1,3,5-7)
Regulatory Compliance Officer
Disclosure Categories (1,3,5-7)
Plant Mechanic I/II
Disclosure Categories (1,3,5-7)
Wastewater Collection System Supervisor
Disclosure Categories (1,3,5-7)
Senior Enviromnental Compliance Inspector
Disclosure Categories (1,3,5-7)
NPDES Inspector I/II
Disclosure Categories (1,3,5-7)
Chief of Police
All Disclosure Categories (1-7)
Deputy Chief of Police
All Disclosure Categories (1-7)
Police Commanders
Disclosure Categories (1,3,5-7)
Police Operations Manager
Disclosure Categories (1,3,5-7)
Management Analyst
Disclosure Categories (1,3,5-7)
IkeitI.TIES AND COMMUNITYY
SERVICES
FCS Director
All Disclosure Categories (1-7)
Assistant FCS Director
All Disclosure Categories (1-7)
Sr Manager, FCS
All Disclosure Categories (1-7)
FCS Manager
All Disclosure Categories (1-7)
Administrative Analyst
Disclosure Categories (1,3,5-7)
Field Services Project Supervisor
Disclosure Categories (1,3,5-7)
Project Assistant
Disclosure Categories (1,3,5-7)
Administrative Technician
Disclosure Categories (1,3,5-7)
Solid Waste Collections Coordinator
Disclosure Categories (1,3,5-7)
Fleet Services Coordinator
Disclosure Categories (1,3,5-7)
Field Services Coordinator
Disclosure Categories (1,3,5-7)
Cemetery Manager
Disclosure Categories (1,3,5-7)
Recreation Services Coordinator
Disclosure Categones (1,3,5-7)
Field Services Superintendent
Disclosure Categories (1,3,5-7)
Airport Supervisor
Disclosure Categories (1,3,5-7)
Senior Building Maintenance Worker
Disclosure Categories (1,3,5-7)
Building Maintenance Worker
Disclosure Categones (1,3,5-7)
Solid Waste Manager
Disclosure Categories (1,3,5-7)
Senior Solid Waste Truck Driver
Disclosure Categories (1,3,5-7)
Cemetery Sales and Services Representative
Disclosure Categories (1,3,5-7)
Program Specialist
Disclosure Categories (1,3,5-7)
COMMISSIONS
Historic and Scenic Preservation Commissioners
Disclosure Categories (1,2,3,7)
Library Board of Trustees
All Disclosure Categones (1-7)
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DESIGNATED EMPLOYEE'S TITLE OR
FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
Consultants *
* Consultants, who provide services under contract to fill one of the above -referenced designated
positions, shall be included in the list of designated employees and shall disclose pursuant to the
broadest disclosure category in this Code subject to the following limitation. The City Manager
may determine in writing that a particular consultant, although a "designated position," is hired to
perform a range of duties that are limited in scope and thus is not required to fully comply with
the disclosure requirements described in this section. 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 City Manager's determination is a public record and shall be retained
for public inspection in the same manner and location as this Conflict of Interest Code
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EXHIBIT "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities,
sources of income, or real property, which the designated employee must disclose for each
disclosure category for each disclosure category to which he or she is assigned.
Category 1. All investments and business positions in, and sources of income from,
business entities that do business or own real property within the jurisdiction of the City, plan to
do business or own real property within the jurisdiction of the City within the next year, or have
done business or owned real property within the jurisdiction of the City within the past two (2)
years.
Category 2. All interests in real property which is located in whole or in part within, or not
more than two (2) miles outside, the jurisdiction of the City
Category 3. All investments and business positions in, and sources of income from,
business entities that are engaged in land development, construction, or the acquisition or sale of
real property within the jurisdiction of the City, plan to engage in such activities within the
jurisdiction of the City within the next year, or have engaged in such activities within the
jurisdiction of the City within the past two (2) years.
Category 4. All investments and business positions in, and sources of income from,
business entities that are banking, savings and loan, or other financial institutions
Category 5. All investments and business positions in, and sources of income from,
business entities that provide services, supplies, materials, machinery, vehicles or equipment of a
type purchased or leased by the City
Category 6. All investments and business positions in, and sources of income from,
business entities that provide services, supplies, materials, machinery, vehicles or equipment of a
type purchased or leased by the Designated Employee's Department.
Category 7. All investments and business positions in, and sources of income from,
business entities subject to the regulatory, permit, or licensing authority of the Designated
Employee's Department, will be subject to such authority within the next year, or have been
subject to such authority within the past two (2) years.
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ADDENDUM
REFERENCE DEFINITIONS
FOR THE
CONFLICT OF INTEREST CODE
OF THE
THE CITY OF REDLANDS
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TABLE OF CONTENTS
DEFINITIONS
1 "Public Official"
2 "Member"
3 "Consultant"
4 "Designated Employee"
5 "Making Governmental Decisions"
6. "Participating in the Making of Governmental Decisions"
7 "Financial Interest"
8 "Material Financial Effect"
9 "Business Entity"
"City"
"Act"
.Addendum —12
.Addendum — 12
.Addendum —12
.Addendum —13
.Addendum —13
.Addendum —13
.Addendum — 14
.Addendum —15
.Addendum —15 10
.Addendum — 15 11
.Addendum — 15
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DEFINITIONS
1. "Public Official" means every member, officer, employee or consultant of a state or
local government agency, but does not include judges and court commissioners in the Judicial
branch of government. "Public official" also does not include members of the Board of Governors
and designated employees of the State Bar of California, members of the Judicial Council and
members of the Commission on Judicial Performance, provided that they are subject to the
provisions of Article 2 5 (commencing with Section 6035) of Chapter 4 of Division 3 of the
Business and Professions Code as provided in Section 6038 of that article. Government Code §
82048
2. "Member" shall include, but not be limited to, salaried or unsalaried members of
committees, boards or commissions with decision making authority
A. A committee, board or commission possesses decision making authority whenever.
i. It may make a final governmental decision, or
ii. It may compel a governmental decision, or it may prevent a governmental
decision either by reason of an exclusive power to initiate the decision or by
reason of a veto that may not be overridden, or
iii. It makes substantive recommendations that are, and over an extended period of
time have been, regularly approved without significant amendment or
modification by a public official or the City Council. 2 CCR § 18701
B A committee, board, or commission does not possess decision making authority of
it is formed for the sole purpose of researching a topic and preparing a report of
recommendation for submission to another governmental body that has final
decision making authority
3. "Consultant" means an individual who, pursuant to a contract with a state or local
government agency
A. Makes a governmental decision whether to
i. Approve a rate, rule or regulation,
ii. Adopt or enforce a law;
iii. Issue, deny, suspend, or revoke any permit, license, application, certificate,
approval, order, or similar authorization or entitlement;
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iv Authorize the agency to enter into, modify, or renew a contract provided it is
the type of contract that requires agency approval,
v Grant agency approval to a contract that requires agency approval and to
which the agency is a party, or to the specifications for such a contract;
vi. Grant agency approval to a plan, design, report, study, or similar item,
vii. Adopt, or grant agency approval of, policies, standards, or guidelines for the
agency, or for any subdivision thereof; or
B Serves in a staff capacity with the agency and in that capacity participates in making
a governmental decision as defined in regulation 18702.2 or performs the same or
substantially all the same duties for the agency that would otherwise be performed
by an individual holding a position specified in the agency's Conflict of Interest
Code under Government Code section 87302 2 CCR § 18701
4 "Designated Employee" means any official of the Agency whose position is so
designated in the Appendix of the Agency's Conflict of Interest Code. The Appendix sets forth
those positions which entail the making or participation in the making of decisions which may
foreseeably have a material financial effect on any financial interest, but does not include any
unsalaried member of any board or commission which serves a solely advisory function.
Government Code § 82019
5. "Making a Governmental Decision." A public official "makes a governmental
decision," except as provided in 2 California Code of Regulations section 18702 4, when the
official, acting within the authonty of his or her office or position.
(1) Votes on a matter,
(2) Appoints a person,
(3) Obligates or commits his or her agency to any course of action,
(4) Enters into any contractual agreement on behalf of his or her agency;
(5) Determines not to act, within the meaning of subdivisions 1, 2, 3, 4, above, unless
such determination is made because of his or her financial interest. When the determination not to
act occurs because of the official's financial interest, the official's determination may be
accompanied by an oral or written disclosure of the financial interest. 2 CCR § 18702 1
6. "Participating in the Making of Governmental Decisions" A public official
"participates in making a governmental decision," except as provided in Title 2, Code of
Regulations, section 18702 4, when, acting within the authority of his or her position, the official
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(a) Negotiates, without significant substantive review, with a governmental entity or
private person regarding a governmental decision referenced in Title 2, California Code of
Regulations, section 18701(a)(2)(A), or
(b) Advises or makes recommendations to the decision maker either directly or
without significant intervening substantive review, by
(1) Conducting research or making any investigation which requires the exercise
of judgment on the part of the official and the purpose of which is to influence a governmental
decision referenced in Title 2, California Code of Regulations, section 18701(a)(2)(A), or
(2) Preparing or presenting any report, analysis, or opinion, orally, or in writing,
which requires the exercise of judgment on the part of the official and the purpose of which is to
influence a governmental decision referenced in Title 2, California Code of Regulations, section
18701(a)(2)(A) 2 CCR § 18702.2
7 "Financial Interest" A public official has a financial interest in a decision within the
meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material
financial effect, distinguishable from its effect on the public generally, on the official, a member
of his or her immediate family, or on any of the following:
(a) Any business entity in which the public official has a direct or indirect investment
worth two thousand dollars ($2,000) or more.
(b) Any real property in which the public official has a direct or indirect interest
worth two thousand dollars ($2,000) or more.
(c) Any source of income, except gifts or loans by a commercial lending institution
made 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 or promised to,
received by, the public official within 12 months prior to the time when the decision is made.
(d) Any business entity in which the public official is a director, officer, partner,
trustee, employee, or holds any position of management.
(e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts
aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or
promised to the public official within 12 months prior to the time when the decision is made.
The amount of the value of gifts specified by this subsection shall be adjusted biennially by the
commission to equal the same amount determined by the commission pursuant to subdivision (f)
of Section 89503
For purposes of this section, indirect investment or interest means any investment or
interest owned by the spouse or dependent child of a public official, by an agent on behalf of a
public official, or by a business entity or trust in which the official, the official's agents, spouse,
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and dependent children own directly, indirectly, or beneficially a 10-percent interest or greater
Government Code § 87103
8. "Material Financial Effect" means the financial effect of a governmental decision on a
financial interest of a public official is material if, at the time the official makes or participates in
making the decision, the decision will have a significant effect on the official or a member of the
official's immediate family, or on the source of income, the source of gifts, the business entity, or
the real property, which is an economic interest of the official. In determining whether it is
reasonably foreseeable that the effects of a governmental decision will be significant, consideration
should be given to the factors defined in Title 2 CCR sections 18705, 18705 1, 18705.2, 18705 3,
18705 4 and 18705 5 2 CCR § 18705
9 "Business Entity" means any organization or enterprise operated for profit, including
but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate,
corporation or association. Government Code § 82005
10. "Act" means the Political Reform Act of 1974, Government Code section 81000 et
seq
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