R 4483 RESOLUTION NO. 4483
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 Section
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. 4303
adopted September 14, 2010.
RESOLUTION NO. 4483
PAGE 2
On motion by Council Member Costello, seconded by Council Member Brown, and on the
following roll call vote, to wit:
AYES: Council Members Costello, Brown, Guthrie, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 11th day of September, 2012.
RESOLUTION NO. Wei
PAGE 3
TONY FER ! MAYOR
ATTEST:
�"/ / /. i I► / ./ L��I
KEL Y ET }gib 'E, CITY CLERK
I
APPROVED AS TO CONTENT:
ST E ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TI OTHY J. RMEL, CITY ATTORNEY
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 City Clerk in accordance with
State law.
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 Disclosure Category:
Assistant City Engineer A,B,C
Associate Engineer A,B,C
Assistant Engineer A,B,C
Senior Engineer A,B,C
Building Official A,B,C
Building and Fire Safety Inspector A,B,C
Police Chief A,B,C
Police Commander A,B,C
Director of Maintenance Services A,B,C
Director of Administrative Services A,B,C
Director of Recreation Services A,B,C
Accounting Supervisor A,C
Director of Legislative and Information Services/City Clerk A,C
Information Technology Manager A,C
Human Resources Manager A,C
Director of Community Development A,B,C
Planning Manager A,B,C
Associate Planner A,B,C
Assistant Planner A,B,C
Executive Assistant/Deputy City Clerk A,C
Assistant City Attorney A,B,C
Deputy City Attorney A,B,C
Architectural Review Committee Member A,B,C
Downtown Parking Advisory Board Member A,B,C
Historical Resources Committee Member A,B,C
Parks and Recreation Commission Member A,B,C
Traffic Commission Member A,B,C
Successor Agency Board Member A,B,C
Consultants3 Determined on case by case basis
Exempt Officials4 A,B,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.
° 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.
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.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4483 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the
11th day of September 2012.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of
September 2012.
Usltlituezz
KELLY W T ►RE, CITY CLERK