HomeMy WebLinkAboutResolution 2006-165 N.C.S. 09/18/2006 Resolution No. 2006-165 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY OF PETALUMA
ADOPTING A CONFLICT OF INTEREST CODE
FOR PUBLIC OFFICIALS AND DESIGNATED EMPLOYEES
AS REQUIRED BY THE POLITICAL REFORM ACT
AND REGULATIONS OF THE FAIR POLITICAL PRACTICEC COMMISSION
AND REPEALING RESOLUTION 2004-178 N.C.S.
WHEREAS, the State of California has adopted California Code of Regulations, Title 2,
Division 6, Section 18730 -Provisions for Conflict of Interest Code; and,
WHEREAS, Government Code Section 87300 and related regulations allow local
municipalities to adopt the State Conflict of Interest Code, as amended from time to time, by
reference.
NOW, THEREFORE, the Council of the City of Petaluma does resolve as follows:
SECTION 1. Resolution No. 2004-178 N.C.S. is hereby repealed.
SECTION 2. The Conflict of Interest Code for the City of Petaluma is hereby adopted as
follows:
CONFLICT OF INTEREST CODE FOR THE CITY OF PETALUMA
The Political Reform Act, Government Code Section 81000, et seq., requires State and local
government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political
Practices Commission has adopted a regulation (2 California Code of Regulations Section
18730), which contains the terms of a standard Conflict of Interest Code. It can be incorporated
by reference and after public notice and hearing it may be amended by the Fair Political Practices
Commission to conform to amendments in the Political Reform Act. Therefore, the terms of
California Code of Regulations Section 18730 and any amendments to it duly adopted by the
Resolution No. 2006-165 N.C.S. Page 1
Fair Political Practices Commission are hereby incorporated by reference. This resolution, the
attached code, and Appendices "A" and `B" shall constitute the Conflict of Interest Code of the
City of Petaluma.
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 Approved as to
Council of the City of Petaluma at a Regular meeting on the 18`" day of September, fo
2006, by the following vote:
City Atto ey
AYES: Mayor Glass, Harris, Healy, Vice Mayor Nau, O'Brien, Torliatt
NOES: None
ABSENT: None
ABSTAIN: None ,t
~.i t,.
ATTEST: - _
City Clerk r" ~ - - _
Resolution No. 2006-165 N.C.S. Page 2
Regulations of the Fair Political Practices Commission
TITLE 2, DIVISION 6, CALIFORNIA CODE OF REGULATIONS
Amend 2 Cal. Code Regs. section 18730 as follows:
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of
employees and the formulation of disclosure categories in the Appendix referred to below
constitute the adoption and promulgation of a conflict of interest code within the meaning of
Government Code section 87300 or the amendment of a conflict of interest code within the
meaning of Government Code section 87306 if the terms of this regulation are substituted for
terms of a conflict of interest code already in effect. A code so amended or adopted and
promulgated requires the reporting of reportable items in a manner substantially equivalent to
the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections
81000, et seq. The requirements of a conflict of interest code are in addition to other
requirements of the Political Reform Act, such as the general prohibition against conflicts of
interest contained in Government Code section 87100, and to other state or local laws
pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to
this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the .Fair Political
Practices Commission (2 Cal. Code of Regs. sections 18100, et seq.), and any amendments to
the Act or regulations, are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees.
The persons holding positions listed in the Appendix are designated employees. It has been
determined that these persons make or participate in the making of decisions which may
foreseeably have a material effect on economic interests.
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are
also specified in Government Code section 87200 if they are designated in this code in that
same capacity or if the geographical jurisdiction of this agency is the same as or is wholly
included within 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
Resolution No. 2006-165 N.C.S. Page 3
(C) The filing officer is the same for both agencies. ~
Such persons are covered by this code for disqualification purposes only. With respect to all
other designated employees, the disclosure categories set forth in the Appendix specify which
kinds of economic interests are reportable. Such a designated employee shall disclose in his or
her statement of economic interests those economic interests he or she has which are of the
kind described in the disclosure categories to which he or she is assigned in the Appendix. It has
been determined that the economic interests set forth in a designated employee's disclosure
categories are the kinds of economic interests which he or she foreseeably can affect materially
through the conduct of his or her office.
(4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file
statements of economic interests with the agency or with the code reviewing body, as provided
by the code reviewing body in the agency's conflict of .interest code. 2
(5) Section 5. Statements of Economic .Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the effective date
of this code, as originally adopted, promulgated and approved by the code reviewing body,
shall file statements within 30 days after the effective date of this code. Thereafter, each person
already in a position when it is designated by an amendment to this code shall file an initial
statement within 30 days after the effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the effective
date of this code shall file statements within 30 days after assuming the designated positions, or if
subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than April 1.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements
within 30 days after leaving office.
X5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of
notice provided by the filing officer to file an assuming office statement, is not deemed to have
assumed office or left office, provided he or she did not make or participate in the making of, or
use his or her position to influence any decision and did. not receive or become entitled to
receive any form of payment as a result of his or her appointment. Such persons shall not file
either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer
shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of perjury that during
the period between appointment and resignation he or she did not make, participate in the
making, or use the position to influence any decision of the agency or receive, or become
entitled to receive, any form of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
Resolution No. 2006-I65 N.C.S. Page 4
(A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business
positions held on the effective date of the code and income received during the 12 months
prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments, interests in real property
and business positions held on the date of assuming office or, if subject to State Senate
confirmation or appointment, on the date of nomination, and income received during the 12
months prior to the date of assuming office or the date of being appointed or nominated,
respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments,
interests in real property, income and business positions held or received during the previous
calendar year provided, however, that the period covered by an employee's first annual
statement shall begin on the effective date of the code or the date of assuming office
whichever is later, or for a board or commission member subject to Government Code section
87302.6, the day after the closing date of the most recent statement filed by the member
pursuant to 2 Cal. Code Regs. section 18754.
(D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income
and business positions held or received during the period .between the closing date of the last
statement filed and the date of leaving office:
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political
. Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investments and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,° the statement
shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a general description of
fhe business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest iii 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,s the
statement shall contain:
1. The name and address of each source of income aggregating five hundred dollars ($500) or
more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general
description of the business activity, if any, of each source;
Resolution No. 2006-165 N.C.S. Page 5
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
the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a
sole proprietorship, is required to be reported,b the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
2. The name of every person from whom the business entity received payments if the filer's pro
rata share of gross receipts from such person was equal to or greater than ten thousand dollars
($10,000) .
(D) Business Position Disclosure. When business positions are required to be reported, a
designated employee shall list the name and address of each business entity in which he or she
is a director, officer, partner, trustee, employee, or in which he or she holds any position of
management, a description of the business activity in which the business entity is engaged, and
the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office
statement, if an investment or an interest in real property was partially or wholly acquired or
disposed of during the period covered by the statement, the statement shall contain the date of
acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or
local government agency, shall accept any honorarium from any source, if the member or
employee would be required to report the receipt of income or gifts from that source on his or
her statement of economic interests. This section shall not apply to any part time member of the
governing board of any public institution of higher education, unless the member is also an
elected official.
Subdivisions (a), (b), and (c) of Government Code section 89501 shall apply to the prohibitions in
this section.
This section shall not limit or prohibit payments, advances, or reimbursements 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 $360.
(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 $360 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.
Resolution No. 2006-165 N.C.S. Page 6
Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in
this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her
election to office through the date that he or she vacates office, receive a personal loan from
any officer, employee, member, or consultant of the state or local government agency in which
the elected officer holds office or over which the elected officer's agency has direction and
control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions
(c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds
office, receive a personal. loan from any officer, employee, member, or consultant of the state
or local government agency in which the public official holds office or over which the public
official's agency has direction and control. This subdivision shall not apply to loans made to a
public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of his or her
election to office through the date that he or she vacates office, receive a personal loan from
any person who has a contract with the state or local government agency to which that
elected officer has been elected or over which that elected officer's agency has direction and
control. This subdivision shall not apply to loans made by banks or other financial .institutions or to
any indebtedness created as part of a retail installment or credit card transaction, if the loan is
made or the indebtedness created in the lender's regular course of business. on terms available
to members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions
• (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds
office, receive a personal loan from any person who has a contract with the state or local
government agency to which that elected officer has been elected or over which that elected
officer's agency has direction and control. This subdivision shall not apply to loans made by
banks or other financial institutions or to any indebtedness created as part of a retail installment
or credit card transaction, if the loan is made or the indebtedness created in the lender's regular
course of business on terms available to members of the public without regard to the elected
officer's official status. This subdivision shall not apply to loans made to a public official whose
duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective
office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother,
sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the
spouse of any such persons, provided that the person .making the loan is not acting as an agent
or intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500} at
any given time.
4. Loans made, or offered in writing, before January 1, 1998.
(8.3) Section 8.3. Loan Terms.
Resolution No. 2006-]65 N.C.S. Page 7
(A) Except as set forth in subdivision (B), no elected officer of a state or focal government
agency shall, from the date of his or her election to office through the date he or she vacates
office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in
writing and clearly states the terms of the loan, including the parties to the loan agreement,
date of the loan, amount of the loan, term of the loan, date or dates when payments shall be
due on the loan and the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle,
or first cousin, or the spouse of any such person, provided that the person making the loan is not
acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title 9 of the
Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee
shall become a gift to the designated employee for the purposes of this section in the following
circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing
an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the
later of the following:
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($100) or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less than
two hundred fifty dollars ($250) during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to 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.
Resolution No. 2006-165 N.C.S. Page 8
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
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $360 or
more provided to, received by, or promised to the designated employee within 12 months prior
to the .time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any
decision to the extent his or her participation is legally required for the decision to be made. The
fact that the vote of a designated employee who is on a voting body is needed to break a tie
does not make his or her participation legally required for purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official
shall make, participate in making, or use. his or her official position to influence any
governmental decision directly relating to any contract where the state administrative official
knows or has reason to know that any party to the contract is a person with whom the state
administrative official, or any member of his or her immediate family has, within 12 months prior
to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the
public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members of the
public regarding the rendering of goods or services totaling in value one thousand dollars
($1,000) or more.
Resolution No. 2006-165 N.C.S. Page 9
(10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that he or she should not make a governmental
decision because he or she has a disqualifying interest in it, the determination not to act may be
accompanied by disclosure of the. disqualifying interest.
(1 1) Section 1 1. Assistance of the Commission and Counsel.
Any designated employee who is unsure of his or her duties under this code may request
assistance from the Fair Political Practices Commission pursuant to Government Code section
831 14 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.
NOTE: Authority cited: Section 831 12, Government Code. Reference: Sections 87103(e), 87300
87302, 89501, 89502 and 89503, Government Code.
' Designated employees who are required to file statements of economic interests under any other
agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement
of economic interests to cover reportable interests in both jurisdictions, and file codes of this expanded
statement with both entities in lieu of filing separate and distinct statements, provided that each copy of
such expanded statement filed in place of an original is signed and verified by the designated employee
as if it were an original. See Government Code section 81004.
2See Government Code section 81010 and 2 Cal. Code of Regs. section 181 15 for the duties of filing officers
and persons in agencies who make and retain copies of statements and forward the originals to the filing
officer.
3For the purpose of disclosure only (not disqualification), an interest in real property does not include the
principal residence of the filer.
^Investments and interests in real property which have a fair market value of less than $2,000 are not
investments and interests in real property within the meaning of the Political Reform Act. However,
investments or interests in real property of an individual include those held by the individual's spouse and
dependent children as well as a pro rata share of any investment or interest in real property of any business
entity 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.
bincome 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.
History
1. New section filed 4-2-80 as an emergency; effective upon filing. Certificate of
Compliance included.
2. Amendment of subsection (b) filed 1-9-81; effective 30 days thereafter.
3. Amendment of subsection (b) (7) (B) l .filed 1-26-83; effective 30 days thereafter,
Resolution No. 2006-16~ N.C.S. Page 10
4. Amendment of subsection (b) (7) (A) filed 1 l -10-83; effective 30 days thereafter.
5. Amendment filed 4-13-87; effective 5-13-87.
b. Amendment of subsection (b) filed 10-21-88; effective 1 1-20-88.
7. Amendment of subsections (b) (8) (A) and (b) (8) (B) and numerous editorial changes filed
8-28-90; effective 9-27-90.
8. Amendment of subsections (b) (3), (b) (8) and renumbering of following subsections and
amendment of NOTE filed 8-7-92; effective 9-7-92.
9. Amendment filed 2-4-93; effective upon filing.
10. Change without regulatory effect adopting COIC for California Mental Health Planning
Council filed 1 1-22-93. Approved by FPPC 9-21-93.
1 1. Change without regulatory effect redesignating COIC for California Mental Health
Planning Council filed 1-4-94.
12. Amendment filed and effective 3-14-95.
13. Amendment filed and effective 10-23-96.
14. Amendment filed and effective 4-9-97.
15. Amendment filed and effective 8-24-98.
1 b. Amendment filed and effective 5-1 1-99.
17. Amendment filed 12-b-2000; effective 1-1-2001.
18. Amendment filed 1-10-2001; effective 2-1-2001.
19. Amendment filed and effective 2-13-2001.
20. Amendment filed 1-16-03; effective 1-01-03.
21. Amendment filed and effective 01-01-05.
22. Amendment filed 10-11-2005; effective 11-10-05.
Resolution No. 2006-165 N.C.S. Page 11
APPENDIX "A"
Titles/Positions of
Persons Required to Submit Statements of Economic Interests
And Disclosure Categories
Title./Position f ~ ~ a Cat`egoryr~
i ~ ~
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
Administrative Services 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 1
Recreation, Music and Parks Commissioners 1
Site Plan and Architectural Review Board Members 1
Technology and Telecommunications 1
Tree Advisory Committee Members 1
Youth Commission Members 1
£ ~ _ _ z. r - _ p _
Designated Employees
Administrative Services Department
Accountant 2
Accountant Analyst 2
Accounting Manager 2
Administrative Technician 5
Commercial Services Manager 2
Finance Office Assistant II 5
Resolution No. 2006-165 N.C.S. Page 12
t . ,a t .
, : ~ r~
` Cat
Title./{P,osition ~ ~ egory
Administrative Services Department, continued
General Services Office Assistant II 5
Human Resources Manager 1
Information Technology Specialist I, II, III 2
Information Technology Manager 2
Programmer Analyst 2
Senior Accountant 2
City Attorney's Office
Assistant City Attorney 2
City Clerk's Office
Deputy City Clerk 3
City Manager's Office
Animal Services Manager 2
Director of General Plan Administration 1, 5
Executive Assistant to the City Manager 1, 5
Senior Planner 4, 5
Community Development Department
Assistant Community Development Director 1, 5
Assistant Planner 4, 5
Associate Planner 4, 5
Building Inspector I, II 4, 5
Chief Building Official 4, 5
Code Enforcement Officer 4, 5
Community Development Director l ; 5
Geographic Information Systems Manager 2
Geographic Information Systems Analyst 2
Housing Administrator 1
Neighborhood Preservation Coordinator 4, 5
Permit Processing Technician 2
Plans Examiner/Deputy Chief Building Official 4, 5
Senior Building Inspector 4, 5
Senior Planner 4, 5
Fire Department
Battalion Chief 2
Battalion Chief/Training Officer 2
Fire Chief 1
Fire Marshal 1
Resolution No. 2006-165 N.C.S. Page 13
~Title`~/Po'`s'ition - ~ u - ; ~x~- ~Y
,Category;,`
Parks and Recreation Department
Parks and Landscape Manager 1
Parks and Recreation Director 1
Park Maintenance Fore Worker 5
Recreation Supervisor 2
Police Department
Police Chief 1
Police Captain 1
Police Lieutenant 1
Police Sergeant 1
Police Officer 2
Public Safety Communications Manager 5
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
Traffic Engineer 1
Traffic Manager 1
Water Resources and Conservation Department
Associate Civil Engineer 4, 5
Director of Water Resources and Conservation 1
Engineering Manager 1
Utility Manager 1
Utility Supervisor 1
~ - -
b -
.
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.
Resolution No. 2006-165 N.C.S. Page 14
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. 2006-165 N.C.S. Page 15
APPENDIX "B"
Explanation of
Disclosure Categories
Category 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 emplovees in this category must complete all schedules on the Form 700 Statement of
Economic Interests Form.
Income - C, D, E, F
Interests in Real Property - B
.Investments - A-l , A-2
Business Positions - C
Category 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 following schedules on the Form 700 Statement
of Economic Interests Form.
Income - D
Investments - A-1, A-2
Business Positions - C
Schedule B does not apply to your disclosure category.
Category 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 employees in this category must complete the following schedules on the Form 700 Statement
of Economic Interests Form.
Income - D
Investments - A-1, A-2
Business Positions - C
Schedule B does not apply to your disclosure category.
Resolution No. 2006-165 N.C.S. Page 16
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
regulatory, permit or licensing authority of the City of Petaluma, or which may receive grants from
the City of Petaluma.
All employees in this catecaory must complete all schedules on the Form 700 Statement of
Economic Interests Form.
Income - C, D, E, F
Interests in Real Property - B
Investments - A-l , A-2
Business Positions - C
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 of real property, and all interests in real property.
All employees in this category must complete all schedules on the Form 700 Statement of
Economic Interests Form.
Income - C, D, E, F
Interests in Real Property - B
Investments - A-l , A-2
Business Positions - C
Resolution No. 2006-165 N.C.S. Page 17