HomeMy WebLinkAboutReso 11-24 Adopting Conflict of Interest CodeRESOLUTION NO. 11-24
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING A REVISED CONFLICT OF INTEREST CODE
AND RESCINDING RESOLUTION NO. 16-23 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 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 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. 16-23 adopted March
29, 2023, 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay,
California, as follows:
SECTION 1. Resolution No. 16-23 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conflict with this Resolution are hereby rescinded and/or repealed as necessary to resolve such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.
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.
Resolution No. 11-24
Page 2
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 with the City Clerk.
SECTION 4. For persons holding the positions of Mayor, Councilmember, City Manager,
City Attorney, City Treasurer, 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.
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 13th day of February 2024 on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
RECUSE
Wixom, Barton, Edwards, Ford, Landrum
None
None
None
None
CARLA WIXOM, Mayor
ATTEST:
DANA SWANSON, City Clerk
EXHIBIT A
RESOLUTION NO. 11-24
CITY OF MORRO BAY
LIST OF DESIGNATED POSITIONS
CONFLICT OF INTEREST CODE
Position Disclosure Category
Mayor, Council Members, City Manager, City Attorney, As required
City Treasurer, Planning Commission Members by State law
Boards Committees & Commissions
Citizens Oversight / Citizens Finance Advisory Committee 1,2
Harbor Advisory Board 1,2
Public Works Advisory Board 1,2
Recreation & Parks Commission 1,2
City Manager's Office
City Clerk 1-6
Human Resources/Risk Manager 1-6
Human Resources Analyst 1,5,6
Administrative Services
Assistant City Manager/Administrative Services Director 1-6
Finance Manager 1-6
Information Systems Technician 1,2
Senior Administrative Services Management Analyst 2,3,5,E
Fiscal Analyst 2,3,5,E
Harbor
Harbor Director 1-6
Harbor Business Coordinator 1-6
Harbor Patrol Supervisor 2,4,5,E
Fire
Fire Chief
1-6
Fire Captain
1-6
Division Chief/Fire Marshal
1-6
Administrative Technician
2,5,6
Police
Police Chief 1-6
Police Commander 1-6
Support Services Manager 2,3,5,E
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Public Works
Public Works Director
1-6
Management Analyst
1,2,4,5,E
City Engineer
1-6
Senior Engineer
1-6
Associate Engineer
2,3,4,5,E
Assistant Engineer
2,3,4,5,E
Utilities Division Manager
1-6
Maintenance Superintendent
1-6
Public Works Inspector
1-6
Lead Utility Operator
1-6
Operational Technology Specialist
5,6
Utility Support Coordinator
5,6
Community Development
Community Development Director
1-6
Planning Manager
1-6
Senior Planner
1-6
Associate Planner
1-6
Chief Building Inspector/Plans Examiner
1-6
Building Inspector
1-6
Recreation
Recreation Services Division Manager
1-6
Recreation Supervisor — Sports Services
5,6
Recreation Supervisor —Youth Services
5,6
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.
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EXHIBIT B
RESOLUTION NO. 11-24
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 subiect to the regulatory, permit 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 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.)
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.)
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