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RESOLUTION NO. 09-15
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING A REVISED CONFLICT OF INTEREST CODE
AND REPEALING RESOLUTIONS IN CONFLICT THEREWITH
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, pursuant to the provisions of the Government Code Sections 87300 et seq.,
each agency is required to adopt a Conflict of Interest Code; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal.
Code Reg. Section 18730, which contains the terms of a standard model Conflict of Interest
Code, which can be incorporated by reference, and which may be amended by the Fair Political
Practices Commission after public notice and hearings to conform to amendments to the Political
Reform Act; and
WHEREAS, the Fair Political Practices Commission recommends each agency
incorporate Commission Regulations 18730 and 18720 by reference as the body of their Code,
and that all changes to the Political Reform Act and to Regulations 18730 and 18720 will
automatically be part of the City's Conflict of Interest Code; and
WHEREAS, the City of Morro Bay incorporated its Conflict of Interest Code with the
adoption of Resolution No. 76-76 adopted 27 September 1976, Resolution No. 59-85 adopted 24
June 1985, Resolution No. 10-91 adopted 28 January 1991, Resolution 84-94 adopted 12
September 1994, Resolution No. 47-06 adopted on September 25, 2006 and its Conflict of
Interest Code is in further need of updating; and
WHEREAS, the City Council has determined that the documents attached to this
Resolution as Exhibits A and B accurately set forth the current designated positions regulated by
the Conflict of Interest Code, and the respective categories of financial interests which should be
made reportable and those boards and commissions which should be designated and the
respective categories of financial interests which should be made reportable by their members;
and
WHEREAS, this action will ensure the City's Conflict of Interest Code is up to date and
in compliance with the law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay, California; as follows:
SECTION 1. Resolution No. 47-06 and any other resolutions in conflict with this
ty Council Resolution #09-15
Page 2
Resolution are hereby repealed in their entirety.
SECTION 2. The terms of Title 2, Division 6 of the California Code of Regulations,
Section 18730, and any amendments to it duly adopted by the Fair Political Practices
Commission, incorporated herein by reference, along with the attached documents entitled
Exhibit A in which members and employees are designated, and Exhibit B in which disclosure
categories are set forth, constitute the Conflict of Interest Code for the City of Morro Bay.
SECTION 3. Pursuant to the Code, any person holding a designated position, including
any person holding a designated position in an acting capacity, shall file a Statement of
Economic Interest with the City Clerk. Additionally, any person hired for a position not covered
by the Code, who makes or participated in making a governmental decision shall file a Statement
of Economic Interest.
SECTION 4. The City Clerk is the filing official for the Mayor, Councilmembers, City
Manager, City Attorney, and Planning Commissioners. For the persons holding these positions,
the City Clerk accepts the filing, retains a copy, and forwards the original to the Fair Political
Practices Commission in Sacramento. For all other persons holding designated positions, the
City Clerk is the filing officer and retains the statements. The City Clerk will make the
statements available for public inspection and reproduction. (Government Code Section 81008)
SECTION 5. Any future amendments to the City's Conflict of Interest Code including,
but not limited to, amendments to the designated positions list or to the financial disclosure
categories, shall be made by resolution duly adopted by the City Council of the City of Morro
Bay.
SECTION 6. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on this 24th day of February, 2015 on the following vote:
AYES: Irons, Headding, Johnson, Makowetski, Smukler
NOES: None
ABSENT: None
ABSTAIN: None
-4�1� � �4�
JA P
E L. IRONS, Mayor
ATTEST:
DANA SWANSON, City Clerk
01181.0001/242570.1
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EXHIBIT A
RESOLUTION NO. 09-15
CITY OF MORRO BAY
LIST OF DESIGNATED POSITIONS
CONFLICT OF INTEREST CODE
Position Disclosure Category
Mayor, Council Members, City Manager, City Attorney, City Clerk, As required
City Treasurer, Planning Commission Members by State law
Boards, Committees & Commissions
Citizens Oversight Committee 1,2
Harbor Advisory Board 1,2
Public Works Advisory Board 1,2
Recreation & Parks Commission 1,2
Tourism Business Improvement District Advisory Board 1,2
Water Reclamation Facility Citizens Advisory Committee 1,2
Administration
Human Resources Analyst 1,2
Information Systems Technician 1,2
Harbor
Harbor Director 1,2
Harbor Business Coordinator 2,3,4,6
Fire
Fire Chief 1,2
Fire Captain 2,3,6
Administrative Technician 2,6
Police
Police Chief 1,2
Police Commander 2,3,6
Support Services Manager 2,3,6
01181.0001/242580.1
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Public Works
Public Works Director
1,2
Management Analyst
1,2
Capital Project Manager
1,2
Associate Engineer
2,3,4,6
Assistant Engineer
2,3,4,6
Engineering Technician IV
2,3,4,6
WWTP Manager
2,4,6
WWTP Supervisor
2,4,6
Maintenance Superintendent
2,4,6
Collection Systems Supervisor
2,4,6
Water Systems Supervisor
2,4,6
Streets/Parks Leadworker
2,4,6
Facility Maintenance Leadworker
2,4,6
Communi1y Development
Community Development Manager 2,3,4,6
Assistant Planner 2,3,4,6
Recreation
Recreation Director 1,2
Recreation Supervisor — Sports Services 6
Recreation Supervisor — Youth Services 6
Consultants 1,2
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 is limited in scope
and thus is not required to fully comply with the disclosure
requirements described in this section. 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 the
Conflict of Interest Code.
01181.0001/242580.1
EXHIBIT B
RESOLUTION NO. 09-15
CITY OF MORRO BAY
DISCLOSURE CATEGORIES
General Provisions
When a designated employee or individual is required to disclose investments, business positions and sources of
income, he or she need only disclose investments in business entities and sources of income which do business
in the City, plan to do business in the City or have done business in the City within the past two (2) years. In
addition to other activities, a business entity is doing business within the City if it owns real property within the
City. When a designated employee or individual is required to disclose real property, he or she need only
disclose that which is located in whole or in part within or not more than two (2) miles outside the boundaries of
the City or within two (2) miles of any land owned or used by the City.
Designated employees shall disclosed their financial interests pursuant to the appropriate disclosure category as
indicated in Exhibit "A".
Disclosure Categories
Category 1: All investments, business positions and sources of income. (See Statement of
Economic Interests Schedules A-1, A-2, C, D and E.)
Category 2: All interests in real property. (See Statement of Economic Interests, Schedule
B.)
Category 3: All investments, business positions, interests in real property and sources of
income subject to the re ug lato_rypermit or licensing authority of the
department. (See Statement of Economic Interests Schedules A-1, A-2, B, C, D
and E.)
Category 4: Investments in business entities and sources of income which engage in land
development, construction or the acquisition of real property. (See Statement
of Economic Interests Schedules A-1, A-2, B, C, D and E.)
Category 5: Investments in business entities and sources of income of the type which
contracts with the Citesprovide services, supplies, materials, machinery or
equipment to any City department. (See Statement of Economic Interests
Schedules A-1, A-2, B, C, D and E.)
Category 6: Investments in business entities and sources of income of the type which
contracts with the City to provide to the designated employee's department
services, supplies, materials, machinery, or equipment. (See Statement of
Economic Interests Schedules A-1, A-2, B, C, D and E.)
01181.0001/242573.1