Chapter 2.44
CONFLICT OF INTEREST CODE
Sections:
2.44.020 Amendment and review.
2.44.030 Definitions incorporated.
2.44.060 Disclosure categories.
2.44.070 Department positions.
2.44.080 Boards, commissions and committees.
2.44.010 Purpose.
A. The Political Reform Act of 1974 (Government Code Sections 81000 et seq., “Act” herein), requires the city to adopt and promulgate a conflict of interest code. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard model conflict of interest code, and amendments thereto by the Fair Political Practices Commission in accordance with the Act.
B. This chapter shall be known as the “conflict of interest code” of the city.
C. Nothing in this chapter is intended to modify or abridge the provisions of the Act commencing with Government Code Section 87100, which is applicable to all public officials of the city and directs that no public official of the city shall make, participate in the making, or in any way attempt to use their official position to influence a city decision in which the official knows, or has reason to know, that he or she has a financial interest as defined by the Act.
D. Nothing in this chapter is intended to modify or abridge the provisions of the Act commencing at Government Code Section 87200, which requires the mayor, members of the city council, city manager, city attorney, city treasurer, and members of the planning commission to file a financial disclosure statement using Form 700.
E. This chapter intends to designate those public officials of the city who are involved in city decisions, and to require designated officials to disclose those financial interests (using Form 700) which could foreseeably be affected, in a material manner, by a city decision made by the official in the performance of the official’s responsibilities. (Ord. 473, 2010).
2.44.020 Amendment and review.
A. Amendment.
1. Changed Circumstances. Changed circumstances include, but are not limited to, the following: the creation of new positions which must be designated pursuant to this chapter and relevant changes in the duties assigned to existing positions. (Government Code Section 87306(a).)
2. Amendment Due to Changed Circumstances. Within 90 days after the changed circumstances necessitating the amendment to this chapter become apparent, the city manager shall submit a proposed amendment to the city council. (Government Code Section 87306(a).)
3. Manner of Amendment. This chapter shall be amended only by introduction and adoption of an ordinance by the city council at a duly noticed public meeting. (Government Code Section 87311.)
B. Biennial Review.
1. No later than July 1st of each even-numbered year, the city manager shall review this chapter. (Government Code Section 87306.5(a).)
2. If a change in this chapter is necessitated by changed circumstances, it shall be amended pursuant to subsection A of this section. (Government Code Section 87306.5(a).)
3. If no change in this chapter is required, the city manager shall submit a written statement to that effect to the city council no later than October 1st of the same year. (Government Code Section 87306.5(b).) (Ord. 473, 2010).
2.44.030 Definitions incorporated.
Unless otherwise indicated, the definitions of the Act, regulations, and amendments thereto, and binding judicial opinions thereon, are incorporated herein, and this chapter shall be interpreted in a manner consistent with such definitions. (Ord. 473, 2010).
2.44.040 Standard code.
A. By this reference, 2 California Code of Regulations, Section 18730, the Standard Conflict of Interest Code, is incorporated herein together with each and every amendment thereto duly adopted by the Fair Political Practices Commission.
B. The filing officer shall maintain three copies of the Standard Conflict of Interest Code for public review. (Ord. 473, 2010).
2.44.050 Filing officer.
The city clerk is the filing officer of the city. (Ord. 473, 2010).
2.44.060 Disclosure categories.
A. Category 1 – Business Position/Investment Interests. The designated employee or designated city representative shall report each city-related business entity in which the designated employee holds a business position, or has a direct or indirect interest worth more than $1,000.
B. Category 2 – Real Property Interests. The designated employee or designated city representative shall report each interest in real property located within the jurisdiction of the city in which the designated employee has a direct or indirect interest worth more than $1,000.
C. Category 3 – Income Interests. The designated employee or designated city representative shall report all income of the designated employee from any city-related source aggregating $250.00 or more. Additionally, the designated employee or designated city representative shall report the receipt of all gifts from any city-related source valued at $50.00 or more during the reporting period.
D. Category 4 – More Inclusive Reportable Interests. The designated employee or designated city representative shall report all investment and management interests in business entities (as described in Categories 1 and 3) contracting with or selling to the city or which foreseeably could so sell or contract.
E. Category 5 – City-Related Income Interests. The designated employee shall disclose all income interests of the employee’s spouse who is employed by the city. (Ord. 473, 2010).
2.44.070 Department positions.
The following are the designated positions within city departments together with the required disclosure category. Designated employees shall file their statements with the city of Holtville which will make the statements available for public inspection and reproduction (Government Code Section 81008). Statements for all designated employees will be retained by the city of Holtville.
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POSITION |
DISCLOSURE CATEGORY |
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A. |
Office of the City Manager. |
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1. |
City manager: |
4 |
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2. |
Administrative assistant to the city manager and city council: |
2, 3 |
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B. |
Office of the City Clerk. |
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1. |
City clerk: |
4 |
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2. |
Deputy city clerk: |
4 |
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C. |
Fire Department. |
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1. |
Fire chief: |
4 |
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D. |
Finance Department. |
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1. |
Finance director: |
4 |
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E. |
Planning Department. |
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1. |
Planning/community development director: |
4 |
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F. |
Public Works Department. |
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1. |
Public works director: |
4 |
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G. |
Such other positions as may be designated by resolution of the city council from time to time. |
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(Ord. 473, 2010).
2.44.080 Boards, commissions and committees.
The following are the designated city representative positions on boards, commissions, and committees, together with the required disclosure categories.
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NAME OF ENTITY |
DISCLOSURE CATEGORY |
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A. |
Members of boards, committees or commissions designated by resolution of the city council, from time to time |
4 |
(Ord. 473, 2010).
2.44.090 Consultants.
A. “Consultant” shall include any natural person who provides, under contract, information, advice, recommendations, or counsel to the city; provided, however, that “consultant” shall not include a person who:
1. Conducts research and arrives at conclusions with respect to his or her rendition of information, advice, recommendation, or counsel independent of the control and direction of the agency or of any agency official, other than normal contract monitoring; and
2. Possesses no authority with respect to any city decision beyond the rendition of information, advice, recommendation, or counsel.
B. Disclosure Category.
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POSITION |
DISCLOSURE CATEGORY |
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Consultant |
4 |
C. Limitation to the Disclosure Category. The city manager may determine that a particular consultant, although in a “designated position,” is hired to perform a range of duties that is limited in scope and thus not required to fully comply with the disclosure requirements described in the consultant’s duties and, based upon that description, a statement of the extent of disclosure required. The determination shall be included in the contract by which the determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Ord. 473, 2010).