HomeMy WebLinkAboutResolution 2010-165 N.C.S. 09/13/2010~Zesolution No. 2010-165 N.C.S.
of the City of Petaluma, California
A~SOI.UTION O~' 'TI-~E CI'TY COUNCII.O~' 'TI~E CIT~ O~' PE'TALiJMA,
REPEALING ~'TS PRESEN'I' C~NFLICT OF IN'i'EItIES'I' CODE
(RESOLLTT~ON NO. 2008-201 N.C.S.) AND ANY CONFI,ICT'ING R~SOLYJTIONS
AN~D ADOPTING BY RE~~RENCE 'THE MODEL CONFLIC'I' OF IN'~ERES'I' COI~E
S~T FOR'T~I IN TI'I'I,E 2, SEC'TION 18730 OF 'I'~IE
CALIFORNIA COI)~ OF REGULA`I'IONS
WI~EREAS, 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,
W~IEREAS, pursuant to Government Code Section 87302, the City's Conflict of Interest
Code must speeifically enumerate the positions within the City, other than those specified in
Government Code Section 87200, that involve 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,
W~-I~REAS, on October 20, 2008, the City Council adopted Resolution 2008-201 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 2008-201 N.C.S. and adopt a revised Conflict of Interest Code
establishing the City's conflict policy and defining the circumstances requiring disqualification;
and,
W~-IER~AS, Title 2, Section 18730 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 may be amended from time-to-time by the
FPPC after public notice and hearing to conform to amendments in the Political Reform Act ;
and,
WHEREAS, adopting by reference the terms of the FPPC'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, TH~REFO~, 'I'I~E COUNCIL OF '~'HE ~'I~'Y OF PE'd'ALiJ1V~A l)OES
RESQLVE AS ~'OLI,OWS:
Section 1: Resolution 2008-201 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.
Resolution No. 2010-165 N.C.S. Page 1
Section 2: The Model Conflict of Interest Code set forth in Title 2, Section 18730 of the
Califarnia 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, as amended, 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 A, B and C together constitute the 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 effective 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 Commission and supplied by the City Clerk. Statements for all public
officials and designated employees will be retained by the City Clerk.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Appr1S~ed as to
Council of the City of Petaluma at a Regular meeting on the 13`h day of September, ~ pq m:
2010, by the following vote: u
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ~
City Clerk
Resolution No. 2014-165 N.C.S. Page 2
EXHIBIT A TO RESOLUTION 2010-165 N.C.S.
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of
Regulations.)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation
of employees and the formulation of disclosure categories in the Appendix referred to below
constitute the adoption and promulgation of a conflict of interest code within the meaning of
Government Code section 87300 or the amendment of a conflict of interest code within the
meaning of Government Code section 87306 if the terms of this regulation are substituted for
terms of a conflict of interest code already in effect. A code so amended or adopted and
promulgated requires the reporting of reportable items in a manner substantially equivalent to the
requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections
81000, et seq. The requirements of a conflict of interest code are in addition to other
requirements of the Political Reform Act, such as the general prohibition against conflicts of
interest contained in Government Code section 87100, and to other state or local laws pertaining
to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant
to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair
Political Practices Commission (2 Cal. Code of Regs. sections 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.
Resolution No. 2010-165 N.C.S. Page 3
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 of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required
under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and
(C) The filing officer is the same for both agencies.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 in the disclosure categories to which he or she is assigned in the Appendix. It has been
Resolution No. 2010-165 N.C.S. Page 4
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 office.
(4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file
statements of economic interests with the agency or with the code reviewing body, as provided
by the code reviewing body in the agency's conflict of interest code.2
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the effective
date of this code, as originally adopted, promulgated and approved by the code reviewing body,
shall file statements within 30 days after the effective date of this code. Thereafter, each person
already in a position when it is designated by an amendment to this code shall file an initial
statement within 30 days after the effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the
effective date of this code shall file statements within 30 days after assuming the designated
positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than April
1.
(D) Leaving Office Statements. All persons who leave designated positions shall file
statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the
date of notice provided by the filing officer to file an assuming office statement, is not deemed to
Resolution No. 2010-165 N.C.S. Page 5
have assumed office or left office, provided he or she did not make or participate in the making
of, or use his or her position to influence any decision and did not receive or become entitled to
receive any form of payment as a result of his or her appointment. Such persons shall not file
either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the
filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of perjury that
during the period between appointment and resignation he or she did not make, participate in the
making, or use the position to influence any decision of the agency or receive, or become entitled
to receive, any form of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and
business positions held on the effective date of the code and income received during the 12
months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments, interests in real
property and business positions held on the date of assuming office or, if subject to State Senate
confir~nation 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 filed by the member pursuant to 2 Cal.
Code Regs. section 18754.
(D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property,
income and business positions held or received during the period between the closing date of the
last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political
Practices Commission and supplied by the agency, and shall contain the following information:
(A) 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 ($100,000), or exceeds one million dollars ($1,000,000).
(B} Personal Income Disclosure. When personal income is required to be reported,5 the
statement shall contain:
1. The name and address of each source of income aggregating five hundred dollars
($500) or more in value, or fifty dollars ($50) or mare 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 one thousand dollars ($1,000) or less,
greater than one thousand dollars ($1,000), greater than ten thousand 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 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 th~, term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including
income of a sole proprietorship, is required to be reported,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business
entrty;
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2. The name of every person from whom the business entity received payments if the
filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand
dollars ($10,000).
(D) Business Position Disclosure. When business positions are required to be reported, a
designated employee shall list the name and address of each business entity in which he or she is
a director, officer, partner, trustee, employee, or in which he or she holds any position of
management, a description of the business activity in which the business entity is engaged, and
the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving
office statement, if an investment or an interest in real property was partially or wholly acquired
or disposed of during the period covered by the statement, the statement shall contain the date of
acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or
local government agency, shall accept any honorarium from any source, if the member or
employee would be required to report the receipt of income or gifts from that source on his or her
statement of economic interests. This section shall not apply to any part-time member of the
governing board of any public institution of higher education, unless the member is also an
elected official.
Subdivisions (a), (b), and (c) of GovernmenY Code Section 89501 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 Codesection 89506.
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(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), ( fl, 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), (~, 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 eontrol. 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
Resolution No. 2010-165 N.C.S: Page 10
any person who has a contract with the state or local government agency to which that elected
officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any
indebtedness created as part of a retail installment or credit card transaction, if the loan is made
or the indebtedness created in the lender's regular course of business on terms available to
members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), ( fl, and (g) of Section 4 of Article VII of the Constitution shall, while
he or she holds office, receive a personal loan from any person who has a contract with the state
or local government agency to which that elected officer has been elected ar 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
ofFce.
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.
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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, 1998.
(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdiyision (R), no elected officer of a state or local
government agency shall, from the date of his or her election to office through the date he or she
vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the
loan is in writing and clearly states the terms of the loan, including the parties to the loan
agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments
shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
uncle, or first cousin, or the spouse of any such person, provided that the person making the loan
is not acting as an agent or intermediary for any person not otherwise exempted under this
section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title 9 of
the Government Code.
(8.4) Section 8.4. Personal Loans.
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(A) Except as set forth in subdivision (B), a personal loan received by any designated
employee shall become a gift to the designated employee for the purposes of this section in the
following circumstances:
If the loan has a defined date or dates for repayment, when the statute of limitations for
filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from
the later of the following:
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($100) or more was made on the
loan.
c. The date upon which the debtor has made payments on the loan aggregating to less
than two hundred fifty dollars ($250) during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to 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 this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which
the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which
the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this
paragraph has the burden of proving that the decision for not taking collection action was based
on reasonable business considerations.
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5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately
discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9
of the Government Code.
(9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use
his or her official position to influence the making of any governmental decision which he or she
knows or has reason to know will have a reasonably foreseeable material financial effect,
distinguishable from its effect on the public generally, on the official or a member of his 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 of income, other than gifts and other than loans by a commercial lending
institution in the regular course of business on terms available to the public without regard to
official status, aggregating five hundred dollars ($500) or more in value provided to, received by
or promised to the designated employee within 12 months prior to the time when the decision is
made;
(D) Any business entity in which the designated employee is a director, officer, partner,
trustee, employee, or holds any position of management; or
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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 employee shall be prevented from making or participating in the making
of any decision to the extent his or her participation is legally required for the decision to be
made. The fact that the vote of a designated employee who is on a voting body is needed to break
a tie does not make his or her participation legally required for purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative
official shall make, participate in making, or use his or her official position to influence any
governmental decision directly relating to any contract where the state administrative official
knows or has reason to know that any party to the contract is a person with whom the state
administrative official, or any member of his or her immediate family has, within 12 months
prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members
of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members
of the public regarding the rendering of goods or services totaling in value one thousand dollars
($1,000) or more.
(10) Section 10. Disclosure of Disqualifying Interest.
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When a designated employee determines that he ar she should not make a governmental
decision because he or she has a disqualifying interest in it, the determination not to act shall be
accoznpanied by disclosure of the disqualifying interest.
(11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of liis or her duties under this code may request
assistance from the Fair Political Practices Commission pursuant to Government Code section
831 l4 and 2 Cal. Code Regs. sections 18329 and 18329.5 or from the attorney for his or her
agency, provided that nothing in this section requires the attorney 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 Reform Act, Government Code sections 81000-91014. In addition, a decision in relation
to which a violation of the disqualification provisions of this code or of Government Code
section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code
section 91003.
1 Designated employees who are required to file statements of economic interests under any other
agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their
statement of economic interests to cover reportable interests in both jurisdictions, and file copies
of this expanded statement with both entities in lieu of filing separate and distinct statements,
provicied that each copy of such expanded statement filed in place of an original is signed and
Resolution No. 2010-165 N.C.S. Page 16
verified by the designated employee as if it were an original. See Government Code section
81004.
2See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of
filing officers and persons in agencies who make and retain copies of statements and forward the
originals to the filing officer.
3For the purpose of disclosure only (not disqualification), an interest in real property does not
include the principal residence of the filer.
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.
6Incom.e of a business entity is reportable if the direct, indirect or beneficial interest of the filer
and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In
addition, the disclosure of persons who are clients or customers of a business entity is required
only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-
87302, 89501, 89502 and 89503, Government Code.
Resolution No. 2010-165 N.C.S. Page 17
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter
(Register 81, No.2).
4. Amendment of subsection (b)(7)(B)1. 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 subseetions (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
amendrnent 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 titlel, section 100, California Code of
Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
Resolution No. 2010-165 N.C.S. Page 18
12. Change without regulatory effect redesignating Conflict of Interest Code for California
Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1,
section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding Historyl l and 12 and deleting duplicate section number
(Register 94, No. 17).
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)(8.1)(A), repealer of subsection (b)(81)(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 ll343.4(d) (Register 97, No. 15).
18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment
of Note 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).
Resolution No. 2010-165 N.C.S. Page 19
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 of Government Codesection ll 380.2 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 C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, Apri127, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-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 ofAdministrative Law, 3 Civil C010924, California Court of Appeal, Third
Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, Apri127, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B)
(Register 2004, No. 33).
Resolution No. 2010-165 N.C.S. Page 20
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)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4
(Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005
(Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3 ), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed
12-18-2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices
Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third
Appellate District, nonpublished decision, April 27, 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 pursu~nt to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
District, nonpublished decision, Apri127, 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).
Resolution No. 2010-165 N.C.S. Page 21
Exhibit B to Resolution 2010-165 N.C.S.
Titles/Positions of
Persons Required to Submit Statements of Economic Interests
And Disclosure Categories
~~~~ ~
~. a ~
Ti~1~°~~ ~ sition r~ ... ~ . ~ .~..., ~ :~ ~ - ~~ ~~~~~~ ~ ~te~
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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
City Attorney ..............................................................................................:......................................... 1
City Manager ...................................................................................................................................... 1
Petaluma Community Development Commission (Same as City Council) ........................... 1
Planning Commission Members ....................................................................................................... 1
Finance Directo~ ................................................................................................................................. 1
Elected and Appointed Officials
Public Officials
City Clerk .........................................:.................................................................................................... 1
Appointed Officials
Airporfi 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 Te{ecommunications Advisory Committee Members .................................. 1
Tree Advisory Committee Members ................................................................................................ 1
Transit Advisory Committee Members ............................................................................................ 1
Youth Commission Members ............................................................................................................ 1
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Designated Employees
Finance Department
Accountant .......................................................................................................................................... 2
Accountant Analyst ........................................................................................................................... 2
Finance and Accounting Manager ................................................................................................ 2
Administrative Technician ................................................................................................................. 5
Commercial Services Manager ....................................................................................................... 2
Accounting Assistant II ..........................................................................:............................................ 5
Accounting Technician ..................................................................................................................... 5
Resolution No. 2010-165 N.C.S. Page 22
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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 Intormation Systems Manager .................................................................................. 2
Geographic Information Systems Analyst ...................................................................................... 2
Human Resources Manager ............................................................................................................. 1
Information Technology Specialist I, II, III ....................................................................................... 2
Information Technology Manager ................................................................................................. 2
Programmer Analyst .......................................................................................................................... 2
Senior Planner ...................................................................................................................................... 4,5
Community Development Department
Associate Planner .....................................................................................................:......................... 4, 5
Building Inspector I, II .......................................................................................................................... 4, 5
Code Enforcement Officer ............................................................................................................... 4, S
Housing Administrator ........................................................................................................................ 1
Permit Processing Technician ........................................................................................................... 2
Plans Examiner/Deputy Chief Building Official ............................................................................. 4, 5
Senior Building Inspector .............................................................................................:..................... 4, 5
Fire Department
Battalion Chief ..................................................................................................................................... 2
Battalion Chief/ EMS .............:............................................................................................................. 2
Fire Chief ............................................................................:.................................................................. 1
Fire Marshal .......................................................................................................................................... 1
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 ...................................................................................... 4,5
Animal Services Manager ................................................................................................................ 2
Public Works Department
Airport Division Manager ...................................................................................................:............... 2
Associate Civil Engineer ..................................................................................................................... 4, S
Resolution No. 2010-165 N.C.S. Page 23
g # A+~..~J~t.. ~i~~re
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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 ...................................................................................................... 1
Park Maintenance Fore Worker ....................................................................................................... 5
Recreation Supervisor ........................................................................................................................ 2
Water Resources and Conservation Department
Associate Civil Engineer ..................................................................................................................... 4, 5
Director of Water Resources and Conservation ........................................................................... 1
Engineering Manager ..........................................................................................................:............. 1
Environmental Compliance Inspector ..................................................................................:........ 4,5
Environmental Services Supervisor .................................................................................................. 1
Senior Environmental Chemist .......................:.................................................................................. 1
Utility Manager .................................................................................................................................... 1
Utility Supervisor ................................................................................................................................... 1
Water Recycling Plant Operations Supervisor ..............................................................................
~-~,.~ 1
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~u 6{
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:
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.
Resolution No. 2010-165 N.C.S. Page 24
Exhibit C
Explanation of
Disclosure Categories
Cateqorv 1
All designated employees in this category shall disclose all sources of income, all interests in real
property, and all investments and business positions in business entities.
All employees in this cateqorv must comqlete all applicable schedules on the Form 700 Statement
of Economic Interests Form.
Investments - A-1, A-2
Real Property - B
Income, Loans, and Business Positions - C
Income - Gifts - D
Income - Gifts - Travel Payments - E
Categorv 2
All designated employees in this category shall disclose investments, business positions and sources
of income from business entities which provide services, supplies, materials, machinery or
equipment of the type utilized by the City of Petaluma.
All emplovees in this category must complete the followina schedules, if aqplicable, 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 a~ply to your disciosure cateao
Cate4orv 3
All designated employees in this category shall disclose investments, business positions and
sources of income from business entities which provide services, supplies, materials, machinery or
equipment of the type utilized by the designated employee's department or division.
All emplovees in this cateaorv must complete the followinq schedules, if applicable, on the Form
700 Statement of Economic Interests Form.
Investments - A-1, A-2
Income, Loans, and Business Positions - C
Income - Gifts - D
Income - Gifts - Travel Payments - E
Schedule B does not applv to your disclosure cateqory.
Cateqorv 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
Resolution No. 2010-165 N.C.S. Page 25
regulatory, permit or licensing authority of the City of Petaluma, or which may receive grants from
the City of Petaluma.
All em~lovees in this cafiegory must comqlete all aqplicable schedules on the Form 700 Statement
of Economic Interests Form.
Investments - A-T, A-2
Real Property - B
Income, Loans, and Business Positions - C
Income- Gifts - D
Income - Gifts - Travel Payments - E
Cateqonr 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 of real property, and all interests in real property.
All emploYees in this categorv must complete all applicable schedules on the Form 700 Statement
of Economic Interests Form.
Investments - A-1, A-2
Real Property - B
Income, Loans, and Business Positions - C
Income - Gifts - D
Income - Gifts - Travei Payments - E
Resolution No. 2010-165 N.C.S. Page 26