08.g.Form 806 Compensated Council AppointmentsMEMORANDUM
TO: CITY COUNCIL
FROM: TIMOTHY J. CARMEL, CITY ATTORNEY -Yz,
SUBJECT: CONSIDERATION OF ADOPTION OF FORM 806 LISTING ALL
COMPENSATED COUNCIL APPOINTMENTS
DATE: JULY 10,2012
RECOMMENDATION:
It is recommended the City Council: (1) adopt Form 806 listing all Council appointments
for which compensation is received; and (2) direct the City Clerk to post Form 806 on
the City's website.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
No or minimal future staff time is projected.
BACKGROUND:
In March of this year, the Fair Political Practices Commission ("FPPC") voted to adopt
an amendment to California Code of Regulation, Title 2, Section 18705.5. A copy of
Section 18705.5 is attached. The new regulation now clearly authorizes public officials
to vote on their own appointments to compensated positions on various types of boards
and commissions. For example, these can include boards of county sanitation districts,
joint powers authorities and local area planning organizations.
However, before a public official may participate in a decision to appoint him or herself
to a compensated position, Section 18705.5 requires a new Form 806 be adopted by
the public agency and posted on its website. Form 806, adopted by the FPPC in May,
requires public agencies to list the following: (1) each appointed position for which
compensation is paid; (2) the salary or stipend for each appointed position; (3) the name
of the public official who has been appointed to the position and the name of the public
official, if any, who has been appointed as an alternate; and (4) the term of the position.
The FPPC recommends that each public agency prepare and adopt a Form 806
identifying all of the current paid appointments as soon as possible.
Agenda Item 8.g.
Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF FORM 806
JULY 10,2012
PAGE 2
ANALYSIS OF ISSUES:
The City Clerk has compiled the necessary information from the regional boards that the
Mayor and Council serve on for which compensation is received. This information has
been included on the attached Form 806, which serves as the City's report of all
compensated public official appointments. Upon adoption of Form 806, the City is
required to post the Form 806 on the City's website.
As new appointments are made, Form 806 must be amended to reflect those new
appointments. Therefore, after its initial adoption, Form 806 will need to be updated
from time to time to reflect current Council appointments.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve staffs recommendation;
2. Make modifications to Form 806 and approve staffs recommendation; or
3. Provide staff other direction.
ADVANTAGES:
By adopting Form 806, the members of the City Council will be able to appoint
themselves to external boards and commissions. Service on external boards and
commissions benefits the City because it provides an opportunity to collaborate and
cooperate with other public agencies on issues and matters of regional concern.
DISADVANTAGES:
There are no identifiable disadvantages to adopting the Form 806.
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, July 5, 2012. The Agenda
and report were posted on the City's website on Friday, July 6, 2012. No public
comments were received.
Attachments:
1. California Code of Regulations, Title 2, Section 18705.5
2. California Form 806
Agenda Item 8.g.
Page 2
California Code of Regulations
ATTACHMENT 1
California Office of Hone Most Recent: Updates Search Help
Administrative Law 0
Welcome to the online source for the
California Code of Regulations
2 CA ADC 5 18705.5
5 18705.5. Materiality Standard: Economic Interest in Personal Finances.
Term &
2 CCR 5 18705.5
Cal. Admin. Code tit. 2, 5 18705.5
Barclays Official California Code of Regulations Currentness
Title 2. Admlnlstratlon
Division 6. Fair Political Practices Commission
Chapter 7. Conflicts of Interest
uI Article 1. Conflicts of Interest; General Prohibition IRefs & Annosl
=+§ 18705.5. Materiality Standard: Economic Interest in Personal Finances.
(a) A reasonably foreseeable financial effect on a public official's or his or her immediate family's personal
finances is materlal If it is at least $250 In any 12-month period. When determining whether a
governmental decision has a materlal financial effect on a public official's economic interest In his or her
personal flnances, neither afmancial effect on the value of real property owned directly or indirectly by
the official, nor a flnanclal effect on the gross revenues, expenses, or value of assets and liabilities of a
buslness entity in which the official has a direct or indirect investment interest shall be considered.
(b) The flnanclal effects of a declsion which affects only the salary, per diem, or relmbunement for
expenses the public official or a member of his or her immediate family receives from a federal, state, or
local government agency shall not be deemed material, unless the decision is to appoint, hire, fire,
promote, demote, suspend without pay or otherwise take disciplinary action with flnancial sanction
against the official or a member of his or her Immediate family, or to set a salary for the official or a
member of hls or her immediate family which is different from salaries paid to other employees of the
government agency in the same job classlflcation or position, or when the member of the public offlclal's
immediate family is the only person in the job classlflcatlon or posltion.
(c) Notwithstanding subsection (b), pursuant to Section 82030(b)(2) and Regulatlon 18232, a publlc
official may make, participate in making, or use his or her official position to influence or attempt to
influence, a government decision where all of the bllowing conditions are satisfied:
(1) The decision is on his or her appointment as an officer of the body of which he or she is a member
(e.g., mayor or deputy mayor), or to a committee, board, or commission of a publlc agency, a special
district, a jolnt powers agency or authority, a joint powers Insurance agency or authority, or a
metropolitan planning organization.
(2) The appolntment Is one required to be made by the body of which the ofFiclal is a member
pursuant to either state law, local law, or a joint powers agreement.
(3) The body making the appointment referred to in paragraph (1) adopts and posts on its website,
on a form provided by the Cornmission, a list that sets forth each appointed posltion for which
compensation is paid, the salary or stipend for each appolnted position, the name of the public official
who has been appointed to the position and the name of the public official, if any, who has been
appointed as an alternate, and the term of the posltion.
Agenda Item 8.g.
Page 3
California Code of Re,dations
COMMENT: Cross-references: For the definition of "immediate family," see Government Code section
82029.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87100, 87102.5,
B7102.6, 87102.8 and 87103, Government Code.
HISTORY
1. New section filed 11-23-98; operative 11-23-98 pursuant to the 1974 version of Government Code
section 11380.2 and tltle 2, Callfornia Code of Regulations, sectlon 18312(d) and (e) (Register 98, No.
48).
2. Change without regulatory effect amending section heading filed 3-26-99 pursuant to section 100, title
1, California Code of Regulations (Register 99, No. 13).
3. Editorial correction of Hlstory 1 (Register 2000, No. 25).
4. Amendment of section heading and sectlon filed 1-17-2001; operatlve 2-1-2001. Submitted to OAL for
filing pursuant to Fair Politlcal Practices Commission v. Offlce of Administrative Law, 3 Civil C010924,
California Court of Appeal, Third Appellate District, nonpublished decision, Aprll 27, 1992 (FPPC
regulations only subject to 1974 Administrative Procedure Ad rulemaking requirements) (Register 2001,
No. 3).
5. Amendment of subsection (a) filed 1-16-2002; operative 2-15-2002 (Reglster 2002, No. 3).
6. Amendment of subsection (b) filed 6-21-2005; operative 7-21-2005 (Reglster 2005, No. 25).
7. Amendment of subsection (a) filed 12-18-2006; operative 1-17-2007. Submitted to OAL for filing
pursuant to Fair Polltical Practices Commission v. Offlce of Administrative Law, 3 Civil C010924, California
Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only
subject to 1974 Admlnistratlve Procedure Ad rulemaklng requirements) (Register 2006, No. 51).
B. New subsections (c)-(c)(3) filed 4-23-2012; operative 5-23-2012. Submitted to OAL for filing pursuant
to Fair Political Practices Commission v. Ofice 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 Ad rulemaking requirements and not subject to procedural or substantive
review by OAL) (Register 2012, No. 17).
2 CCR 5 18705.5, + 2 CA ADC 5 18705+.+5 +
Thls database Is current through 6/1/12 Register 2012, No. 22
END OF DOCUMENT
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Agenda Item 8.g.
Page 4
Agency Report of:
Public Official Appointments mima ATTACHMENT 2
A Public Document
2. Appointments
1. Agency Name
City of Arroyo Grande
Division, Department, or Region (IfApplicable)
Deslgnated Agency Contact (Name, Title)
Kelly Wetmore, Director of Legislative & Information ServiceslCity Clerk
Comment:
FPPC Form 806 (5112)
FPPC Toll-Free Helpllne: 8661ASK-FPPC (8661275-3772)
1 1 Page of
Area Codelphone Number
(805) 473-5400
For Official Use Only
Date Posted:
0711 111 2
(~onth. DJ~. Year)
E-mail
kwetmore@arroyogrande.org
i Agency Boards and
Commlsslons
Sari Luis Obispo
Council of Governments
South San Luis Obispo
County Sanitation District
Air Pollution Control
District
California Joint Powers
Insurance Authority
3. Verification
I have read and understand FPPC Regulabon 18705.5. 1 have verified that the apporntment and information identified above is true to the best of my rnformation and behef.
Steven Adams City Manager 07/03/12
Signefure ol Agency Head or Designee Print Name TiUe (~onlh. Day. Year)
Appt Date and
Length of Term
12 1 14 / 10 '---
Wh
, 2 years
Length ol Term
, 12 14 10 ---
appr
, 2 years
Lenolh ol Tm
121 141 10 ,---
Ap.5 DerS
, 2 years
Langh ol Tsrm
12 14 10 ,---
aPpr
, 2 years
Length ol Term
Name of Appointed Person
,Name
Ferrara, Tony
(Lea. hrrrJ
Costello, Joe
Alternate, if any
(Led. FntJ
Ferrara, Tony
)Name
(Leu. FlmJ
Alternate. ~f any
Guthrie, Jim
(Led, FuUJ
Costello, Joe
b Name
(Lesl, FntJ
Alternate. if any
Guthrie, Jim
(Leu, FuUJ
Ray, Caren
)Name
1LW. FdJ
Alternate, if any
Sisko, Karen
(Led. FlmJ
Per MeetlnglAnnual SalarylStipend i
b Per Meeting: $ 100.00
b Estimated Annuat
so-sl.000 $2,001-$3.000
$1.001-$2.000
omor
'PerMeehg.$ 100.00
b Estrmeted Annual.
$0-$1.000 $2.001-$3.000
$1.001-$2,000
msr
bPerMeeting:$ 100.00
b Estrmated Annual:
$0-$I.OOO $2,001-$3.000
$1.001-$2.000
mar
b Per Meeting' $
100.00
b Estimated Annual.
$0-$1,000 $2.001-$3.000
$1.001-$2.000
me,
Agenda Item 8.g.
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Agenda Item 8.g.
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