HomeMy WebLinkAboutReso 74-20 Conflict of Interest CodeRESOLUTION NO. 74-20
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY CALIFORNIA
ADOPTING A REVISED CONFLICT OF INTEREST CODE
AND RESCINDING RESOLUTION NO. 13-19 AND
EACH OTHER RESOLUTION IN CONFLICT HEREWITH
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, pursuant to the provisions of the Government Code, sections 87300 et seq.
(the Code"), 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
P ractices Commission after public notice and hearings to conform to amendments to the
P olitical 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 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 Commission Regulations 18730 and
18720 into its Conflict of Interest Code with the adoption of Resolution No. 13-19 adopted
February 13, 2019, and its Conflict of Interest Code is in further need of updating; and
WHEREAS, the City Council has determined 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.
N OW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay,
California, as follows:
S ECTION 1. Resolution No. 13-19 and any parts or sections of any other resolutions in
conflict with this Resolution are hereby rescinded and/or repealed as necessary to resolve such
conflict.
S ECTION 2. The terms of Title 2, Division 6 of the California Code of Regulations,
S ection 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
Resolution #74-20
Page 2
categories are set forth, constitute the Conflict of Interest Code for the City of Morro Bay.
S ECTION 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 with the City Clerk.
S ECTION 4. For persons holding the positions of Mayor, Councilmember, City
Manager, City Attorney, and Planning Commissioner, the City Clerk may serve as the filing
official by accepting the filing, retaining a copy, and forwarding the original to the Fair Political
Practices Commission in Sacramento; or, for the persons holding those positions, filings may
directly be made electronically with 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, pursuant to Government Code Section 81008.
S ECTION 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.
S ECTION 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 11 th day of August 2020 on the following vote:
AYES. Headding, Addis, Davis, Heller
S OES. None
ABSENT: McPherson
ABSTAIN: None
JOHN F EADDING, Mayor
ATTEST:
DANA SWANSON, City Clerk
EXHIBIT A
RESOLUTION NO. 74-20
CITY OF MORRO BAY
LIST OF DESIGNATED POSITIONS
CONFLICT OF INTEREST CODE
Position Disclosure Category
Mayor, Council Members, City Manager, City Attorney, City Clerk,
City Treasurer, Planning Commission Members
Boards, Committees & Commissions
Citizens Oversight / Citizens Finance Advisory Committee
Harbor Advisory Board
Public Works Advisory Board
Recreation & Parks Commission
Tourism Business Improvement District Advisory Board
Administration
As required
by State law
1,2
1,2
1,2
1,2
1 2,5
Deputy City Manager 1-6
Human Resources Analyst 1,5,6
Information Systems Technician 1,2
Tourism Manager 1,2
Finance
Budget / Accounting Manager
Harbor
Fire
1-6
Harbor Director 1-6
Harbor Business Coordinator 1-6
Harbor Patrol Supervisor 2,4,5,6
Fire Chief 1-6
Fire Captain 1-6
Fire Marshal 1-6
Administrative Technician 2,5,6
Police
Police Chief 1-6
Police Commander 1-6
Support Services Manager 2,3,5,6
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Public Works
P ublic Works Director
Management Analyst
City Engineer
Senior Engineer
Associate Engineer
Assistant Engineer
Environmental Programs Manager
U tilities Division Manager
Consolidated Maintenance Superintendent
Wastewater Systems Supervisor
Lead Utility Operator
Consolidated Maintenance Field Supervisor
Community Development
Community Development Director
S enior Planner
Associate Planner
Building Inspector
Recreation
Recreation Services Division Manager
Recreation Supervisor — Sports Services
Recreation Supervisor — Youth Services
Consultants
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.
1-6
1,2,4,5,6
1-6
1-6
2,3 4,5,6
2,3,4,5,6
1-6
1-6
1-6
1-6
1-6
1-6
1-6
1-6
1-6
1-6
1-6
5,6
5,6
1,2
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EXHIBIT B
RESOLUTION NO. 74-20
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.
Category 1:
Category 2:
Category 3:
Category 4:
Category 5:
Category 6:
Disclosure Categories
All investments, business positions and sources of income. (See Statement of
Economic Interests Schedules A-1, A-2 C, D and E )
All interests in real property. (See Statement of Economic Interests, Schedule
B)
All investments, business positions, interests in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department. (See Statement of Economic Interests Schedules A-1, A-2, B, C,
DandE)
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 )
Investments in business entities and sources of income of the type which
contracts with the City to provide 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)
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 )
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