APPENDIX “A” - DEFINITIONS
"Public Official at any level of state or local government" means a member, officer, employee, or consultant of a state or local government agency. The term "public official" also includes individuals who perform the same or substantially the same duties as an individual holding an office or a position listed in Government Code Section 87200, including "other public officials who manage public investments" as that term is defined in 2 California Code of Regulations Section 18720.
“Designated Filers” means employees, members and consultants determined by the City of Cotati to be persons who “make or participate in the making of decisions which may foreseeably make a material effect on economic interests”, under 2 California Code of Regulations, Section 18730(b)(2) Designated Employees.
"Member" shall include, but not be limited to, salaried or unsalaried members of boards or commissions with decision making authority. A board or commission possesses decision making authority whenever:
(A) It may make a final governmental decision;
(B) It may compel a governmental decision, or it may prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto which may not be overridden; or
(C) It makes substantive recommendations which are, and over an extended period of time have been, regularly approved without significant amendment or modification by another public official or governmental agency.
"Consultant" means an individual who, pursuant to a contract with a state or local government agency:
(1) Makes a governmental decision whether to:
(A) Approve a rate, rule, or regulation;
(B) Adopt or enforce a law;
(C) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement;
(D) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval;
(E) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (F) Grant agency approval to a plan, design, report, study, or similar item; (G) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency or for any subdivision thereof; or
(2) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code.
APPENDIX “B”- DESIGNATED FILERS
The persons occupying the positions in the table below are designated employees for the purpose of this Conflict of Interest Code and shall disclose their financial interests in accordance with the disclosure categories set forth herein, as more fully described in Appendix “C”.
NOTE: The following positions are NOT covered by the Conflict of Interest Code because they must file under Government Code Section 87200 and, therefore, are listed here for information purposes only: Mayor/Councilmember, Planning Commissioner, City Manager/Executive Director, City Attorney/Successor Agency Counsel, Director of Administrative Services, and candidates for any of these offices at any election. NOTE: 87200 filers are category 1, 2, 3 filers Agency/Department Position Category
City Clerk 1,2,3
Deputy City Clerk 1,2,3
Recreation Manager 1,2,3
City Manager/City Clerk
Senior Management Analyst 4
Consultants* See note below
City Engineer/Public Works 1,2,3
Director
Civil Engineer/Associate 1,2,3
Engineer
Maintenance Superintendent 3,4
Engineering/Public Works
Senior Accountant 1,2,3
Administrative Services
Accountant 4
Community/Economic Development/Code Community Development Director 1,2,3 Planner/Senior Planner 1,2,3
Building Official 1,2,3
Enforcement
Code Enforcement Officer 1,2,3
Chief 1,2,3
Lieutenant 1,2,3
Police
Sergeant 1,2,3
* Consultantsshall be included in the list of designated employees and shall disclose pursuantto the broadest disclosurecategoryinthe code subjectto the followinglimitation:
The City Manager or his/her designee may determine in writing that a particular consultant, although a “designated filer,” 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 or his/her designee'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. (Gov. Code Section 81008.
APPENDIX “C” – DISCLOSURE CATEGORIES
Designated filers must report their interests according to their assigned disclosure category(ies).
Disclosure Category 1
All Interests in real property located in whole or in part within the City of Cotati or within two (2) miles of the boundaries of the City of Cotati or within two miles of any land owned or used by the City.
Disclosure Category 2
All Investments and business positions in business entities, including parent corporations, subsidiary corporations or otherwise related business entities that provide services, supplies, materials, machinery, or equipment of the type utilized by the City of Cotati.
Disclosure Category 3
All Sources of income, including loans, gifts and travel payments from sources that provide services, supplies, materials, machinery or equipment of the type utilized by the City of Cotati.
Disclosure Category 4
All Investments and business position in business entities, and income, including loans, gifts and travel payments, from entities that provide services, supplies, materials, machinery, or equipment of the type utilized, purchased or leased by the designated position’s division or department.