AGENDA ITEM #10
TOWN OF FAIRFAX
STAFF REPORT
September 7, 2022
TO: Mayor and Town Council
FROM: Michele Gardner, Town Clerk
SUBJECT: Adopt Resolution Confirming Biennial Review of the Conflict of Interest Code (Form 700 filers) with Amendment to include the Climate Action Coordinator on the List of Designated Positions
RECOMMENDATION
Adopt the Resolution Confirming Biennial Review of the Conflict of Interest Code (Form 700 filers) with Amendment to include the Climate Action Coordinator on the List of Designated Positions.
DISCUSSION
The Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to adopt and promulgate conflict of interest codes, and to revise them if necessary.
Designations of positions and disclosure categories are made pursuant to 2 CCR 1870, which essentially states that a designated individual is one who has decision-making authority. Such individuals are required to submit a Statement of Economic Interest (Form 700).
This past year, the Town Council approved the creation of a new staff position, Climate Action Coordinator. Staff is recommending that the Council adopt the attached resolution to add the new position to the list of designated positions (Form 700 filers). The Climate Action Coordinator would be required to file a Form 700 annually.
FISCAL IMPACT
None
ATTACHMENT
Resolution
1 RESOLUTION 22-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX
CONFIRMING BIENNIAL REVIEW OF THE CONFLICT OF INTEREST CODE
FOR THE TOWN OF FAIRFAX WITH AMENDMENT TO INCLUDE CLIMATE ACTION
COORDINATOR ON THE LIST OF DESIGNATED POSITIONS
WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to adopt and promulgate conflict of interest codes, and to conduct a biennial review and revise them if necessary; and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal.
Code of Regs. 18730) which contains the terms of a standard conflict of interest code which may be incorporated by reference in an agency’s code, and which may be amended by the FPPC to conform to amendments in the Political Reform Act, following public notice and hearings; and WHEREAS, the terms of 2 Cal. Code of Regs.18730 and any amendment to it duly adopted by the FPPC have previously been incorporated by reference by Section 2.48.010 of the Town Code, which, together with the list of designated positions and disclosure categories adopted from time to time by the Town Council (the “Designated List”) constitutes the Conflict of Interest Code for the Town of Fairfax; and
WHEREAS, the Town has conducted its biennial review of its current Conflict of Interest Code which the Town last updated in 2020 pursuant to Resolution 20-30; and WHEREAS, the Town now wishes to revise the Designated List as per the attached “Exhibit A” in order to reflect the addition of the Climate Action Coordinator staff position; NOW, THEREFORE, BE IT RESOLVED that, having undertaken its biennial review of the Town’s Conflict of Interest Code, the Town Council hereby adopts the revised Designated List attached hereto as “Exhibit A” to replace all prior designations of positions and disclosure categories of the Town of Fairfax Conflict of Interest Code pursuant to Section 2.48.010 of the Town Code.
The Foregoing Resolution was adopted at a regular meeting of the Town Council of the Town of Fairfax held in said Town on September 7, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
________________________________
Stephanie Hellman, Mayor
Attest: ________________________
Michele Gardner, Town Clerk
2 Exhibit “A”
Designated List of the Conflict of Interest Code
(Chapter 2.48 of the Town of Fairfax)
DESIGNATED OFFICIALS
Disclosure
Form Category
Parks and Recreation Commission 700 1, 2, 3
Planning and Building Services Director 700 1, 2, 3
Director of Public Works 700 1, 2, 3
Building Official 700 1, 2, 3
Finance Director 700 1, 2, 3
Police Chief 700 1, 2, 3
Town Clerk 700 1, 2, 3
Assistant to the Town Manager 700 1, 2, 3
Town Engineer 700 1, 2, 3
Senior Planner 700 1, 2, 3
Principal Planner 700 1, 2, 3
Management Analyst 700 1, 2, 3
Open Space Committee 700 1, 2, 3
Climate Action Coordinator 700 1, 2, 3
Consultant** 700 1, 2, 3
(Subject to Town Manager Discretion)
(Any employee serving dual roles may file a combined statement by reporting the broadest range of disclosure.)
** A Consultant is defined as a person who provides under contract, information, advice, recommendation or counsel to any agency. Consultant shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category subject to the following limitations:
The Town 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 the description, a statement of the extent of disclosure requirements. The Town 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. 3 PUBLIC OFFICIALS WHO FILE A STATEMENT OF ECONOMIC
INTERESTS PURSUANT TO GOVERNMENT CODE §87200:
Disclosure
Form Category
Town Council 700 1, 2, 3
Planning Commission 700 1, 2, 3
Town Manager 700 1, 2, 3
Town Attorney 700 1, 2, 3
Town Treasurer 700 1, 2, 3
DISCLOSURE CATEGORIES
1. Investments and business positions in any business entities which, within the last two years, have contracted, or plans to do business in the jurisdiction, with the Town to provide services, supplies, materials, machinery, or equipment.
2. Income from any other source which, within the last 12 months, has contracted, or plans to do business in the jurisdiction, with the Town to provide services, materials, machinery or equipment to the Town.
3. Interests in real property, located in whole or in part either within the boundaries of the Town, or within two miles of the boundaries of the Town, including any leasehold, beneficial or ownership interest or option to acquire such interest in real property. This information need not be provided with respect to an interest in real property that is used as the principal residence of the designated member or employee
DISCLOSURE CATEGORY REQUIREMENTS
Broadest Disclosure per Applicable Requirement (Form 700) including:
• All sources of income, and
• Interest in Real Property, and
• Investments and Business positions in business entities.
DESIGNATED CONSULTANT POSITIONS
The Town Manager has determined that the following Consultant positions are “designated positions” required to file a statement of economic interests pursuant to Chapter 2.48 of the Town Code, as indicated:
• Planning Consultants
• Engineering Consultants