CC 2014-09-09_08.d. Resolution Conflict of Interest CodeMEMORANDUM
TO: CITY COUNCIL
FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION
SERVICES/CITY CLERK
SUBJECT: CONSIDERATION OF A RESOLUTION AMENDING THE CONFLICT OF
INTEREST CODE
DATE: SEPTEMBER 9, 2014
RECOMMENDATION:
It is recommended that the City Council adopt a Resolution amending the City of Arroyo
Grande's Conflict of Interest Code, including an amended Appendix of Designated
Positions and Appendix of Disclosure Categories.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
There are no fiscal or personnel impacts as a result of the proposed action.
BACKGROUND:
The California Political Reform Act requires every local government agency to adopt a
conflict of interest code. The conflict of interest code designates positions within the
City required to file Statements of Economic Interests and assigns disclosure categories
specifying the types of financial interests to be reported. Further, the conflict of interest
code contains specific provisions setting forth any circumstances under which
designated positions or categories of designated positions must disqualify themselves
from making, participating in the making, or using their official position to influence the
making of any decision.
Positions mandated by State law to file disclosure statements include Mayors, Members
of the City Council, candidates for City elective offices, Members of the Planning
Commission, City Manager, City Attorney, and City Treasurer.
ANALYSIS OF ISSUES:
In 1987, the City adopted the State's standard Conflict of Interest Code by reference
which, along with the Appendix of Designated Positions and the Appendix of Disclosure
Categories, constitutes the City of Arroyo Grande Conflict of Interest Code ("Code").
Item 8.d. - Page 1
CITY COUNCIL
CONFLICT OF INTEREST CODE BIENNIAL REVIEW
SEPTEMBER 9, 2014
PAGE2
Under the Political Reform Act, local agencies are required to review their Conflict of
Interest Code biennially to determine whether the Code is accurate, or if revisions are
needed due to organizational changes, including the creation of new positions,
elimination of positions, position title changes, and/or relevant changes in the duties
assigned to existing positions.
The City's Conflict of Interest Code was last updated in September 2012. A revision to
the City's Conflict of Interest Appendix of Designated ,Positions is required at this time
due to position changes that have been approved by the Council since the Code was
last updated. These changes need to be reflected in the City's Conflict of Interest Code
to ensure that it is current and accurate. An overview of changes includes the following:
1. Change the title of Assistant City Engineer to Capital Projects Engineer
2. Add the position of City Engineer
3. Change the title of Director of Maintenance Services to Director of Public
Works
ALTERNATIVES:
The following alternatives are provided for the City Council's consideration:
• Adopt the Resolution amending the City of Arroyo Grande's Conflict of Interest
Code;
• Modify and adopt the Resolution; or
• Provide direction to staff.
ADVANTAGES:
Adoption of the proposed Resolution will meet the provisions required by the Political
Reform Act concerning biennial review of the Conflict of Interest Code.
DISADVANTAGES:
There are no identified disadvantages related to adoption of the proposed Resolution.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, September 4, 2014. The
Agenda and report were posted on the City's website on Friday, September 5, 2014.
Item 8.d. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING THE CITY OF ARROYO
GRANDE'S CONFLICT OF INTEREST CODE INCLUDING
AMENDED APPENDICES OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES
WHEREAS, the Political Reform Act of 1974 (California Government Code Sections 81000
et seq.,) requires that governmental entities in the State of California adopt and promulgate
a Conflict of Interest Code; and
WHEREAS, in 1987 the City of Arroyo Grande adopted a standardized Conflict of Interest
Code, incorporating by reference the terms of Title 2 of the California Code of Regulations,
Sections 18730 et seq., which contain the terms of a Standard Conflict of Interest Code; an
Appendix of Designated Positions listing employees, officials, and consultants who make or
participate in the making of decisions that may foreseeably have a material effect on their
economic interests, and an Appendix of Disclosure Categories assigned to the Designated
Positions; and
WHEREAS, the Political Reform Act requires every local agency to review its Conflict of
Interest Code biennially to determine if it is accurate and up-to-date or, to make
amendments to the Code when necessitated by changed circumstances; and
WHEREAS, certain positions within the City of Arroyo Grande have been reclassified,
added and/or eliminated which requires the Conflict of Interest Code to be amended; and
WHEREAS, the City Council has determined that the attached Appendices, marked Exhibit
"A" and Exhibit "B", respectively, both of which are incorporated herein by this reference,
accurately set forth those positions which should be designated and categories of economic
interests which should be disclosed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does hereby approve the amendments to the City's Conflict of Interest Code as follows:
1. The City's "Appendix of Designated Positions" is hereby amended and replaced
in its entirety with Exhibit "A", attached hereto and incorporated herein by this
reference.
2. The City's "Appendix of Disclosure Categories", attached hereto as Exhibit "B"
and incorporated herein by this reference, is approved.
BE IT FURTHER RESOLVED that the terms of 2 California Code of Regulations Sections
18730 et seq., duly adopted by the Fair Political Practices Commission, are hereby
incorporated by reference and with the attached Appendices shall constitute the Conflict of
Interest Code of the City of Arroyo Grande.
BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 4483
adopted September 11, 2012.
Item 8.d. - Page 3
RESOLUTION NO.
PAGE2
On motion by Council Member _____ , seconded by Council Member ____ , and
on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 9th day of September, 2014.
Item 8.d. - Page 4
RESOLUTION NO.
PAGE2
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.d. - Page 5
CONFLICT OF INTEREST CODE
FOR THE CITY OF ARROYO GRANDE
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, which can be incorporated by reference in an agency's code. 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 Title 2 of the California Code of Regulations Section 18730 and
any amendments to it duly adopted by the Fair Political Practices Commission are
hereby incorporated by reference, and along with the attached Appendices in which
officials and employees are designated and disclosure categories are set forth,
constitute the conflict of interest code of the City of Arroyo Grande, which is considered
the "agency" within the purview of this code.
Officials and designated employees shall file statements of economic interests with the
City Clerk of the City of Arroyo Grande, who shall be and will perform the duties of filing
officer for the City of Arroyo Grande and who will make the statements available for
public inspection and reproduction (Gov. Code Section 81008). Upon receipt of the
statements of the City Council, Planning Commission, City Manager, City Attorney, and
City Treasurer, the City Clerk shall make and retain a copy and forward the original of
these statements to the Fair Political Practices Commission. Statements of all other
officials and designated employees will be retained by the Cify Clerk in accordance with
State law.
Item 8.d. - Page 6
EXHIBIT "A"
APPENDIX OF DESIGNATED POSITIONS
The following positions entail the making or participation in the making of decisions which may
foreseeably have a material effect on financial interests:
Designated Position:2
City Engineer
Assistant City EngineerCapital Projects Engineer
Associate Engineer
Assistant Engineer
Senior Engineer
Building Official
Building and Fire Safety Inspector
Police Chief
Police Commander
Director of Maintenance ServisesPublic Works
Director of Administrative Services
Director of Recreation Services
Accounting Supervisor
Director of Legislative and Information Services/City Clerk
Information Technology Manager
Human Resources Manager
Director of Community Development
Planning Manager
Associate Planner
Assistant Planner
Executive Assistant/Deputy City Clerk
Assistant City Attorney
Deputy City Attorney
Architectural Review Committee Member
Downtown Parking Advisory Board Member
Historical Resources Committee Member
Parks and Recreation Commission Member
Traffic Commission Member
Successor Agency Board Member
Consultants 3
Exempt Officials4
Disclosure Category:
A,8,C
A,8,C
A,8,C
A,8,C
A,8,C
A,8,C
A,8,C
A,8,C
A,8,C
A,8,C
A,8,C
A,8,C
A,C
A,C
A,C
A,C
A,8,C
A,8,C
A,8,C
A,B,C
A,C
A,8,C
A,8,C
A,B,C
A,8,C
A,B,C
A,8,C
A,8,C
A,8,C
Determined on case by case basis
A,8,C
2 In the event that State law or regulations regarding the filing of Conflict of Interest Statements should be
amended, this Exhibit shall be changed to include the designated position and category of each official as
required by said amendment.
3 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest
disclosure category in the Code subject to the following limitation. The City Manager may determine in writing
that a particular consultant, although a "designated position", is hired to perform a range of duties that are
limited in scope and thus is not required to fully comply with the disclosure requirements described herin. Such
written determination shall include a description of the consultant's duties and, based upon that description, a
statement of the extent of disclosure requirements. The City Manager's determination is a public record and
shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
4 Exempt Officials include the Mayor, Members of the City Council, candidates for City offices, Members of the
Planning Commission, City Manager, City Attorney, and City Treasurer who are all otherwise required to file
disclosure statements pursuant to State Law
Item 8.d. - Page 7
EXHIBIT "B"
APPENDIX OF DISCLOSURE CATEGORIES
CATEGORIES OF DISCLOSURE FOR
DESIGNATED POSITIONS
The following shall be the categories of disclosure covered by this Policy:
A. Investments
California Fair Political Practices Committee ("FPPC") Form 700,
Schedules A-1 and A-2
B. Interests in Real Property
FPPC Form 700, Schedule B
C. Income & Business Positions
FPPC Form 700, Schedule C, D, and E
The officials and employees covered by this policy shall each disclose the
categories A, B, and C as designated herein above set forth.
Item 8.d. - Page 8