HomeMy WebLinkAboutAgenda Bill 5.C 09/13/2010~ A L Uftj .
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DATE:. September 1.3, 2010
TO: Honorable Mayor and Members of the City Council through City Manager
FROM,:, Claire Cooper;. City Clerk
SUBJECTr Adopting:a Conflict of Interest Code
~COMM>ENI)ATION:
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It is recommended that the. City Council ;adopt the attached Resolution Repealing. its Present
Conflict of Interest Code (Resolution No. 2008 201 N'.C.S,) and AnyConflcting Resolutions
and Adopting by Reference the Model Conflict of Interest Code Set Forth In Title 2; Section
18730 of the California Code ofRegulations.
BACKER®UNI):
The Political Reform Act requires every'local government agency to: review its Conflict of
Interest Code for Public Officials and amend or supplement the Code in order to assure.
compliance with the Political Reform Act. The City of Petaluma last reviewed this code in
October 2008.
DISCi~1SSION:
Each year Public Officials and Designated Employees; in accordance-with:the City's Conflict of
Interest Code:,and'requiremerits of the Fair Political Practices Commission; are required.to
complete and submit to the Office of the .City Clerk' FPPC Form 700: Statement of Economic
Interest. In that. changes occur during the year, as positions are being: created. or deleted, the .list
of Designated Employees is to be reviewed by the :City Clerk, City Attorney,. and;the Human.
Resources'.. Manager in :order to determine °whether there is a .need to modify the list of designated
positions; board; agency; committee; and commission members :filing Form, 700. Appendix "A"
to the attached resolution lists: the Titles/Positions of persoris`require.d to submit Statements: of
Economic Interest and Disclosure Categories, which has been updated to reflect the most current
reorganization of depa"rtmerits as adopted in the City's 20,1.0 20'l I Budget': Appendix `B" sets
forth the disclosure category of.f lers. "This document also: reflects changes- in titles. foi'various
positions and has deleted those positions that were deleted through the adoption of the "City's
budget.
Agenda Review:
City Attorney
Finance Director City Manager
The .most recent version of the State; FPPC :Regulafi`ori 2 California Code of'Regulatioris; Section
18730 is also attached to the resolution for adoption.
1FINAN~CIAL IMPACTS
.Staff time is estimated at 240 hours per year, which is valued at $10,193.00. Although most
notices and forms' are distributed electronically to those required to f le Form. 700, we have not
been able to eliminate all hard copies: About 25 packages of notices and forms are mailed out
each year at a total estimated cost of approximately $54, ;including postage and paper. Total
estimated cost is therefore: $1.:0,247.0.0 per year.
ATTACI-IIVIENTS:
Draft. Resolution of the :City Council. of the City of Petaluma; Repealing Its Present
Conflict of Interest Code (Resolution No. 2008 201 N.C.S.)" and.Any Conflicting
Resolutions and Ad'optirig'by,Reference the Model Conflict of'Interest Code Set Forth In
Title 2, Section 18730 of the California Code of Regulations:
® Exhibit A: Title 2, Section 1;;8730; California. Code. of Regulations.
® Exhibit B: Titles/Positions of Persons Required to Submit Statements of Economic
Interest (Exhibit. B is redlined to show changes from existing (2008) schedule)
® Exhibit C: Explanation of Disclosure Categories
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Resolution No. 2010=XXX N.C.S.
of the City of ,Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITE' 01F' PETALUIVIA,
REEEAI_.ING ITS PRESENT CON_FL1<C`I' OF INTEREST C®DE
(RESO~,UTION N0.2008-201.. N.C:S.J AND' ANY CONFLIC'T'ING RES,OLiJTTONS
AND ADOPTING BY REFERENCE THE.IVIODEL, CONFLICT OF INTEREST CODE
SET FORTH IN TITLE 2, S'E'CTION 18730 OF 'Y'>EIE
CALIFORNIA COI9E' OF REGULATIONS
WHEREAS, pursuant. to Section 87300 et seq. of the California Government Code,, the.
City of Petaluma is required to adopt and promulgate a Conflict of Interest Code; and,
WHEREAS, pursuant to Government Code Section 873 Q2 the City's Conflict. of Interest
Code must specifically enume"rate :the positions within the City;: other than those specified in
Government Code Section 87200, that invglve the making or participating in making decisions
that may foreseeably have a material effect on any financial interest,.. and, for each such
enumerated. position, the Conflict of `Interest Code must state the specific types of investments,
business positions, interests in real property and sources of income that are :reportable; and,.
WITEREAS, on October 20, 20.;08.,. the City Council, adopted Resolution 2008-2'01 N.C:S.
adopting a Conflict of Interest Code for public officials and designated employees; and,
WHEREAS, the City Council at this time wishes to repeal 'the Conflict of Interest Code
adopted by Resolution 2008=20-1 N.C.S. and adopt a revi ed Conflict.of Interest Code
establ'i'shing the City's conflict policy and. defining the circumstances requiring disqualification;
and,.
WHEREAS, Title 2, Section 1873'0 of the California-Code of Regulations contains the
terms of a Model' Conflict of Interest Code developed by the Fair Political `Practices Commission
"FPPC") that cities .can adopt by reference, which maybe amended from time-to-time by the
FPPC after public notice. and hearing to conform to amendments in the Political Reform Act ;
and,
WITEREAS, adopting.by;reference the terms ofthe FPP.C's,Model Conflict of Interest
Code set forth in the California Code of Regulations, and amendments thereto, as the Conflict of
Interest Code of the. City of Petaluma.-will meet the statutory requirements .for. adopting such a
code: and. save the City time and resources by minimizing the actions required to .keep the Code
in conformity with the Political Reform Act.
NOW, 'T'HEREF.ORE THE COUNCIL OF THE' CITY O'F'PETALUIVIA DOES
RESOLVE AS FOLLOWS:
Section 1: Resolution.20`08-20:1 N.C.S., adopted October 20, 2008 and any other
resolution in conflict with the Conflict of Interest Code adopted by this Resolution are hereby
repealed.
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-Section 2: The Model.. Conflict of Interest Code et forth. in Title 2, Section 1$73.0 of the
Calfornia,Code of Regulations, which is attached hereto and incorporated,herein as Exhibit "A"
and any amendments to the Model Conflict of `Interest ,Code subsequently adopted'by the .Fair
Political Practices Commission; are' hereby adopted"by the City of Petaluma,as its Conflict of
Interest Code along with the attached "Exhibit "B" enumerating positions within the City in
addition..to those set forth in Government Code Section 87200'that are subject to the provisions
of-the Conflict of Interest Code and their disclosure categories and: the attached "Exhibit C"
explaining the conflict of interest form filing requirements for various categories. This
Resolution and the:.attached Exhibits ~1, B and C together constitutethe Conflict of'Interest Code
of the City of Petaluma.
Section. 3: Pursuant to Section 4 of the Model Conflict. of Interest Code. adopted hereby,
public officials and designated employees and consultants shall.'file Statements of Economic
Interest with the City Clerk.
Section 4: The effecfive date of the Conflict of'Interest Code shall be the date the code
is originally approved. and adopted by the City Council.
Section 5: Statements of Economic Interest shall be made on forms prescribed by the
Fair Political Practices Commissiori..and supplied. by the City Clerk.. ,.Statements for all public
officials and designated employees will be retained`bythe City .Clerk.
Under the power and autliorityconfecred upon,this Council by the Charter of aid City.
REFERENCE: 1 hereby certify'the"foregoing Resolution was"introduced and adopted by"they Approved as to
Council of the City of Petalumaat aRegular meeting on the T3`h day of September, form:
2010; by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
'ity
City Attorney
Mayor
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EXHIBIT A
TITLE~2: ADMINISTRATION
DIVISION 6. FAIR POLITICAL. PRACTICES COMMISSION
CHAPTER 7. CONFLIG:TS OF INTEREST
ARTICLE 2. DISCLOSURE
2 California Code. of .Regulations 18730
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation
of employees and fhe 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 orthe-amendment of a conflict of interest code within the
meaning of Government Code section 8.7306 if the terms of this regulation are substituted for
terms of a conflict of interest code already in effect. A code so amended of 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, ouch as the general prohibition against conflicts of
.interest contained iri 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:
(~l} S;ection 1. Definitions.
The definitions contained in the Political Reform Act of 1,974, regulations.ofthe Fair
Political Practices Commission {2 Cal. Code of Regs. sections. 18110, 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.
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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 the jurisdiction 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 o'f the other agency;
(B) The disclosure assigned in-the code ofthe 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 forboth agencies.l
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 iri the disclosure categories to which he or she is assigned in the Appendix. It has been
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determined that the economic interests set forth in a designated employee's disclosure categories
are the kinds ofeconomicinterests which he or she foreseeably can affect materially through the
conduct of his or her off ce.
(4) Section ~. Statements 'of Economic Interests: Paace, of~Fi~ling.
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 ofthis 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 3.O. days after assuming the designated
positions, or, if subject tq 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 positonsshall: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 1-2' months of initial. appointment, or within 30 days of the
date~of notice provided ~by'the ~filirig officer: to file an assuming offce statement, is not deemed to
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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 wr-itten 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 agericyor 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.
(A) Contents of Initial Statements.
Initial statements shal'1 disclose any reportable investments; interests in real property and
business positions held on the effective date ofthe 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.
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(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 f led 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 shallcontain 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:
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;
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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,Q~0),,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
($500) or more in value, or .fifty dollars ($SOj or more n'vaTue if the income was a gift, and a
general description of the business activity, if any, of each<sourcc;:
2. A statement whether the aggregate value of income. from each. source, or in the ease 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), greater than ten.thqusand:dollars ($10,000), or
greater than one hundred thousand dollars ($100,000);
3. A description of the consideration, if any, for which the income was received;
4. In the ease 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 he loan.
(C) Busness.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. a general. description of the business activity of the business
entity;
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2. The name of every person from whom the business entty•recei~ed 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'eaeh business entity in which he or she is
a director, officer, partner, trustee; employee, ~r u1 which he or,"she holds any position of
management, a description ofthe business: activity'in which the business cntit'yis engaged, and
the designated employee's position with the`busness 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 rea'1 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. Prohibifiori 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, ifthe 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 fo •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 8950:1 shall apply to the
prohibitions in this section.
This section. shall not limit or prohibit payments, advances,, or reimbursements for travel
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. 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 off ce, receive a personal loan from
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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 ofbusiness on terms available to
members of the publicwithout regard to the elected:gfficer'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 flrticle VII ofthe Constitution shall, while
he or she holds office; receive a personal loan fcom 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 loan's made
by banks or other financial institutions or to any indebtedness created: as part of a xetail
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 no't apply to -loans made to a public
official whose duties are solely secretarial, clerical, or manual.
(E) This section shall notapply.to he following:
1. Loans made to the campaign committee of arr elected officer or candidate for elective
office.
2. Loans made; by a:publc' official's spouse, child,, parent; grandparent, grandchild,
brot-her, sister, parent-in-law, brother-in-law, sister.-in-law,nephew niece,. aunt, uncle, or first
cousin,. or'the espouse.of anysuch•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.
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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;.1.998.
(8.3) Section 8.3. Loan Terms.:
(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 elecfibn to office through the date he or she
vacates office, receive a.personal loan of'fi~e 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 Goan, term' ofthe 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
isnot 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 aectiori shall exempt any person from any other provision of Title 9 of
the Government Code.
(8.4) Section 8.4. Personal Loans.
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(A) Except as •set forth in subdivision (B), a personal loan received by any designated
empaoyee 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. Ifthe loan has no defned date or dates for repayment, when one. year has elapsed from
the later of the following:
a. The date the loan wasmade.
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. Aloan madeto;the campaign comrnittee~of an elected offieer.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), liut 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 ofprovirig'that.the decision for not taking collection action was based
on reasonable- business considerations.
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5. A loan made to a debtorwho 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'lie 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 or 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 ofincome~ other than gfts,and other than loans by a commercial lending
"institution in he regular course of business- on terms available to the public without regard to
official status, aggregating fve 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 enttyin which the designated employee is a director, officer, partner,
trusfee, -employee,, or holds any position of~management; or
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(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 ~einployee .shall be prevented front making or :participating in the making
of any decision to the extent his or Pier participation is legally:regiiired for the decision to be
made: The fact that tfie 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'Of~cers 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.postion to influence any
governmental decision directly relating to any contract where. the.' s"tate :administrative. official
knows or has reason. to know that any party to the contract is a personwith 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:.
(10) Section `1Q Disclosure of Disqualifying Interest..
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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, Comtriission and Counsel.
Any designated: employee who is unsure of his or her duties under this code may request
assistance from the Fair'Political~Practces Commission pursuant to.Government Code section
83114 and 2 Cal. Code Regs. sections 1:8329 and 18329,5 or from 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 andeffect 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 ofthe disqualification provisions of this code or of Government Code
section 871:00 or 87450 has occurred.may be set aside as void pursuant to Government Code
section 91003..
1Designated .employees. who are,required to fide statements of'econome interests under any other
agency's,conflicf of`nterest code, or under article 2 for a different.jur.isdicton, may expand their
statement of economic interests to coven 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 ari original is signed and
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veri-feed by the designated employee as if it were an original. See Government: Code section
8:1004.
2See Government Code section 8'1.010:and 2 Cal. Code of.Regs. section L8115 for the duties of
filing officers and persons in agencies who make and retain copies of statementsand forward the
originals to the filing officer.
3For the purpose of:dsclosure only (not disqualification), an interest. in real property does not
include the principal residence of the° filer.
4Investments 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 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.
SA 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 spousc:n the business entity aggregates a 1Q 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 Cock. Reference: Sections 87103(c), 87300-
87302, 89501., 89502' and895.03, Government Code.
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Exhibit B
Titles/Positions of
Persons Required to Submit Statements of Economic Interests
And Disclosure Categories
Category
Positions Covered by Government Code Section 87200
The following positions are NOT covered by the City's Conflict of Interest Code because they
must file under Section 87200 and therefore, are listed for informational purposes only.
Mayor .................................................................................................................................................... 1
City Council Members ....................................................................................................................... 1
Cify Attorney ........................................................................................................................................ 1
City Manager ...................................................................................................................................... 1
Petaluma Community Development Commission (Same as City Council) ........................... 1
Planning Commission Members ....................................................................................................... 1
Finance Director ................................................................................................................................. 1
Elected and Appointed Officials
Public Officials
City Clerk .............................................................................................................................................. 1
Appointed Officials
Airport Commissioners ........................................................................................................................ 1
Animal Services Advisory Committee Members ........................................................................... 1
Building Board of Appeals Members .............................................................................................. 1
Historical and Cultural Preservation Committee Members ........................................................ 1
Pedestrian and Bicycle Advisory Committee Members ............................................................. 1
Personnel Board Members ................................................................................................................ 1
Public Art Committee Members ...................................................................................................... 1
Recreation, Music, and Parks Commissioners ............................................................................... 1
Senior Advisory Committee Members ............................................................................................ 1
Site Plan and Architectural Review Board Members ................................................................... 1
Technology and Telecommunications Advisory Committee Members .................................. 1
Tree Advisory Committee Members ................................................................................................ 1
Transit Advisory Committee Members ............................................................................................ 1
Youth Commission Members ............................................................................................................ 1
Designated Employees
Arl.,,in~c~r~}ivc ce..,,,.e~ Finance Department
Accountant .......................................................................................................................................... 2
Accountant Analyst ........................................................................................................................... 2
Finance and Accounting Manager ................................................................................................ 2
Administrative Technician ................................................................................................................. 5
Commercial Services Manager ....................................................................................................... 2
Accounting Assistant II ....................................................................................................................... 5
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Ti#lelPasition
Accounting Technician .....................................................................................................................
5
Finance Department, continued
Office Assistant II (General Services) ............................................................................................... 5
Senior Accountant .............................................................................................................................. 2
City Attorney's Office
Assistant City Attorney ....................................................................................................................... 2
City Clerk's Office
Deputy City Clerk ................................................................................................................................ 3
City Manager's Office
Executive Assistant to the City Manager ....................................................................................... 1, 5
Assistant City Manager ................................................................................................................. 1
Geographic Information Systems Manager (moved from CDD] ............................................. 2
Geographic Information Systems Analyst (moved from CDD) ................................................ 2
Human Resources Manager ............................................................................................................. 1
Information Technology Specialist I, II, III ....................................................................................... 2
Information Technology Manager ................................................................................................. 2
Programmer Analyst .......................................................................................................................... 2
Senior Planner (moved from CDD) ............................................................................................. 4,5
Community Development Department
(abolished) ........................................................ 1, 5
Associate Planner ............................................................................................................................... 4, 5
Building Inspector I, II .......................................................................................................................... 4, 5
Code Enforcement Officer ............................................................................................................... 4, 5
(abolished) ........................................................................ 1, 5
' (moved to City Manager) ................................. 2
(moved to City Manager) ................................... 2
Housing Administrator ........................................................................................................................ 1
(moved to Police) ................................................... 4, 5
Permit Processing Technician ........................................................................................................... 2
Plans Examiner/Deputy Chief Building Official .............................................................................. 4, 5
Senior Building Inspector .................................................................................................................... 4, 5
~:^• Do,-ri~~ moved to Cit Mana er
( Y 9 ) .................................................................................. 4, 5
Fire Department
Battalion Chief ..................................................................................................................................... 2
Battalion Chief/ EMS ........................................................................................................................... 2
Fire Chief ............................................................................................................................................... 1
Fire Marshal .......................................................................................................................................... 1
Di+rLe ~nrl De,..e,.~:.,n ns...,.~.,,nn+ (parks moved to Public Works /Recreation moved to City
Manager)
(moved to Public Works) ..................................................... 1
p..rLe ..n.J Do.-tee..}i^n na.,,,.~,.. (abolished; duties absorbed by Asst City Manager)........... 1
(moved to Public Works) ....................................................... 5
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(moved to City Manager) .................................................................... 2
Police Department
Police Chief .......................................................................................................................................... 1
Police Captain ..................................................................................................................................... 1
Police Lieutenant ................................................................................................................................ 1
Police Sergeant ................................................................................................................................... 1
Police Officer ....................................................................................................................................... 2
Public Safety Communications Manager ...................................................................................... 5
Neighborhood Preservation Coordinator (moved from CDD) ................................................. 4,5
Animal Services Manager ................................................................................................................ 2
Public Works Department
Airport Division Manager ................................................................................................................... 2
Associate Civil Engineer ..................................................................................................................... 4, 5
Budget, Grants and Project Manager ............................................................................................ 1
City Engineer ........................................................................................................................................ 1
Director of Public Works ..................................................................................................................... 1
Division Manager ................................................................................................................................ 1
Inspection Supervisor .......................................................................................................................... 4, 5
Project Manager ................................................................................................................................. 1
Public Works Inspector ....................................................................................................................... 2
Senior Civil Engineer ........................................................................................................................... 1
Senior Planner ...................................................................................................................................... 4, 5
Traffic Engineer .................................................................................................................................... 1
Traffic Manager ................................................................................................................................... 1
Parks and Landscape Manager (moved from Parks & Recreation) ...................................... 1
Park Maintenance Fore Worker (moved from Parks & Recreation) ....................................... 5
Recreation Supervisor (moved from Parks & Recreation) ........................................................ 2
Water Resources and Conservation Department
Associate Civil Engineer ..................................................................................................................... 4, 5
Director of Water Resources and Conservation ........................................................................... 1
Engineering Manager ........................................................................................................................ 1
Environmental Compliance Inspector (new position) .............................................................. 4,5
Environmental Services Supervisor (new position) .................................................................... 1
Senior Environmental Chemist (new position) ........................................................................... 1
Utility Manager .................................................................................................................................... 1
Utility Supervisor ................................................................................................................................... 1
Water Recycling Plant Operations Supervisor .............................................................................. 1
Consultants* ......................................................................................................................... 1
*The awarding authority of a particular consultant contract shall require a particular consultant to file a
Statement of Economic Interests if the awarding authority finds that a consultant will:
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A. Make a government decision to:
1. Approve a rate, rule or regulation.
2. Adopt or enforce a rule.
3. Issue, deny, suspend or revoke any permit, license, application, certificate, approval, order or
similar authorization or entitlement.
4. Authorize the City to enter into, modify or renew a contract, provided it is the type of contract
that requires City approval.
5. Grant City approval to a contract requiring such approval and to which the City is party or
approval to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study or similar term.
7. Adopt or grant approval of policies, standards or guidelines for the City or for any subdivision
thereof.
B. Serve in a staff capacity with the City and in that capacity perform the same or substantially all of the
same duties for the City that would otherwise be performed by an individual holding a position specified
in the City's Conflict of Interest Code.
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Exhibit C.
Explanation.. of
Disclosure Categories
Category 1
All designated employees in this. category shalt disclose all sources of income, all ,interests in real
property, and all investments and business position"s in business entities.
Investments - A-l , A-2
Real Property - B
Income, Loans, and Business .Positions - C
Income -Gifts - D
Income -Gifts -Travel Payments - E .
Category 2
All designated employees in this category shall disclose investments'; business positions and sources
of income 'from busines"s entities which provide services, supplies, materials, machinery or
equipment of the type: utilized by the City of Petaluma.
All employees in this category must complete the' following schedules. on the form 700 .Statement
of Economic .Interests Form.
Investments - A-l, A-2
Income, Loans, and Business Positions- C
Income.- Gifts - D
Income -Gifts.- Travel Payments = E
Schedule B does not apply to. vou~ disclosure category.
Category 3
All designated employees in .this category shall disclose'investments,.husiness. positions and
sources of income from business entities-which provide serv"".ices;, supplies, materials, machinery or
equipment of the type utilized b.y the designated employee'``s department or division.
All employees in this Category must complete the following schedules on the Form 700 Statement
of Economic Interests Form:
Investments- A-l, A-2
Income, Loans, 'and Business Positions - C
Income -Gifts - D
Income - Gifits -Travel Payments - E
Schedule B' does not, apply fo ,your disclosure categor
Category 4
All designated employees. in this category shall disclose all investments, business positions and
sources of income from business entities, and interests in real "property, which are subject to the
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regulatory, permit or licensing authority of the City of Petaluma, or which may receive grants from .
the Cit,'y of Petaluma.
All employees in this category must complete all schedules on the Form 700 Statement of
Economic Interests, Form.
Investments - A-l , A-2
Real Property - B
Income, Loans, and Business Positions - C:
Income -Gifts - D
income -Gifts -Travel Payments - E
Category 5
All designated employees in This category shall disclose all investments, business positions and
sources of income from business entities which engage in land development, construction or the
acquisition or sale ofireal ,property, and' all interests in real property:
All employees in this category must. complefe dll schedules on the Form 700 Statement of
Economic Interests .Form.
Investments - A-l , A-2
Real Property - B
Income; Loans, and Business Positions - C
Income -Gifts - D
Income -Gifts -Travel Payments - E
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