FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
MEETING DATE September 2, 2026
PREPARED FOR Mayor and Town Council
PREPARED BY Christine Foster, Assistant to the Town Manager/Deputy Town Clerk SUBJECT Biennial Review of the Town of Fairfax Conflict of Interest Code and Adopt a Resolution Confirming the Biennial Review with Amendments; and Authorization to File the 2026 Local Agency Biennial Notice
RECOMMENDATION
Staff recommends that the Town Council Adopt the Resolution confirming the Town's 2026 biennial review of its Conflict of Interest Code with amendments to the Code.
EXECUTIVE SUMMARY
The Political Reform Act requires every local government agency to review its conflict of interest code in each even-numbered year and to file a biennial notice with the Town Council by October 1. The Town's Conflict of Interest Code consists of the standard code adopted by the Fair Political Practices Commission (FPPC), incorporated by reference in Chapter 2.48 of the Town Code, together with a Designated List identifying the Town positions required to file a Statement of Economic Interests (Form 700).
The Town last amended its Designated List in 2017, pursuant to Resolution 17-03, and has since confirmed biennial reviews with no amendments. Because the Designated List is now more than five years old, FPPC guidance directs particular attention to whether it continues to reflect the Town's current organizational structure. Staff compared the Designated List against the Town's current position roster and find that amendments are required.
BACKGROUND
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 when necessary. A conflict of interest code identifies the officials, employees, and consultants whose positions involve making or participating in governmental decisions, and specifies the financial interests each must disclose on a Statement of Economic Interests (Form 700).
The FPPC has adopted a standard conflict of interest code, set out at 2 California Code of Regulations Section 18730. Section 2.48.010 of the Town Code incorporates that regulation by reference. The incorporated regulation, 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.
Government Code Section 87306.5 requires each local agency to review its code in every even-numbered year. If amendments are necessary, the amended code must be submitted to the Town Council within 90 days and does not take effect until the Town Council approves it.
ANALYSIS
FPPC guidance identifies five questions an agency should answer when determining whether its code requires amendment. Staff's responses follow.
1. Is the current code more than five years old? Yes. The Designated List was last amended in 2017 when the Climate Action Coordinator position was added.
2. Have there been substantial changes to the Town's organizational structure since the Designated List was adopted? No. There have been no departmental reorganizations, consolidations, or newly created divisions since 2017.
3. Have any positions been eliminated or renamed? Staff identified several apparent position title mismatches and exclusions that should be included. Below is a list of position titles from the Designated List followed by the corrected position title as well two (2) recommended additions:
Corrections
Change “Assistant to the Town Manager” to “Assistant to the Town Manager/Deputy Town Clerk” Additions
Deputy Town Clerk/Administrative Analyst
Climate Action Committee
The additions are recommended because the position or advisory body regularly provides recommendations to the council which are considered and routinely accepted. Because of this, each recommended addition meets the requirements to file a Statement of Economic Interests (Form 700).
4. Have any new positions been added? No.
5. Have there been substantial changes in duties or responsibilities for any designated position? No.
Two related matters do not affect the Designated List but bear on Form 700 administration. Senate Bill 852, effective January 1, 2026, requires public officials who manage public investments to file their Form 700 statements electronically with the FPPC rather than with the Town; all other designated filers continue to file with the Town Clerk's Office. Senate Bill 827, also effective January 1, 2026, expands mandatory ethics and fiscal training requirements for local officials. Neither requires a code amendment.
Staff also notes that the officials listed under Government Code Section 87200 — the Town Council, Planning Commission, Town Manager, Town Attorney, and Town Treasurer — file by operation of statute rather than by designation under the Town's Code. Their inclusion in the exhibit is informational and does not create the filing obligation.
Based on the review described above, the Designated List requires the amendments identified in item 3, amending a position title and adding one position title, one committee.
FISCAL IMPACT
None. The biennial review is performed by existing staff, and the associated staff time is absorbed within the adopted Fiscal Year 2026-27 budget for the Town Clerk's Office. No additional appropriation is required, and the action generates no revenue.
ATTACHMENTS
A. Conflict of Interest Code with Amendments in Redline B. Resolution Adopting Amended Conflict of Interest Code
ATTACHMENT A
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/Deputy Town Clerk 700 1, 2, 3 Deputy Town Clerk/Administrative Analyst 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 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 disclosures.)
** 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.
ATTACHMENT A
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
Town of Fairfax
Resolution No. 2026
RESOLUTION NO. 2026
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX CONFIRMING THE 2026 BIENNIAL REVIEW OF THE TOWN'S CONFLICT OF INTEREST CODE,
ADOPTING AN AMENDED DESIGNATED LIST OF POSITIONS AND DISCLOSURE CATEGORIES, AND AUTHORIZING THE FILING OF THE 2026 LOCAL AGENCY BIENNIAL NOTICE WHEREAS, the Political Reform Act, Government Code Section 81000 et seq., requires every local agency to adopt a conflict of interest code identifying the positions that make or participate in making governmental decisions and the financial interests each must disclose on a Statement of Economic Interests (Form 700); and
WHEREAS, Section 2.48.010 of the Town Code incorporates by reference the standard conflict of interest code adopted by the Fair Political Practices Commission at 2 California Code of Regulations Section 18730, which together with the list of designated positions and disclosure categories adopted by the Town Council (the "Designated List") constitutes the Conflict of Interest Code for the Town of Fairfax; and
WHEREAS, Government Code Section 87306.5 requires each local agency to review its code in each even-numbered year and to file a Local Agency Biennial Notice with its code reviewing body no later than October 1, and the Town Council is the code reviewing body for the Town's Conflict of Interest Code; and WHEREAS, the Designated List was last amended in 2017 pursuant to Resolution No. 17-03 and is therefore more than five years old, and staff has completed the 2026 biennial review by comparing the Designated List against the Town's current position roster; and WHEREAS, the review determined that there have been no departmental reorganizations, no new positions, and no substantial changes in the duties of any designated position since 2017, but that one position title no longer matches the current roster and that certain positions and advisory bodies which regularly provide recommendations to the Town Council that are considered and routinely accepted are not presently designated; and
WHEREAS, the Town Council finds that each position and body added by this Resolution makes or participates in the making of governmental decisions that may foreseeably have a material effect on a financial interest and is therefore properly designated to file a Statement of Economic Interests; and WHEREAS, the amendments have no fiscal impact, and the Town Council considered the staff report dated September 2, 2026, the amended Designated List, and all public testimony received at a duly noticed public meeting;
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Fairfax, California, hereby finds, determines, and resolves as follows:
1. The recitals set forth above are true and correct and are incorporated herein as findings of the Town Council.
2. The Town Council confirms that the Town has completed the 2026 biennial review of its Conflict of Interest Code required by Government Code Section 87306.5, and that the review determined amendments to the Designated List are necessary.
ATTACHMENT B
Town of Fairfax
Resolution No. 2026
3. The Town Council approves and adopts the amended Designated List attached as Exhibit "A" and incorporated herein by reference, which corrects the title "Assistant to the Town Manager" to read "Assistant to the Town Manager/Deputy Town Clerk" and adds the Deputy Town Clerk/Administrative Analyst, and the Climate Action Committee, each subject to Disclosure Categories 1, 2, and 3. Exhibit "A" supersedes the Designated List adopted by Resolution No. 17- 03 in its entirety; all other provisions of the Town's Conflict of Interest Code remain in full force and effect. The officials listed in Exhibit "A" under Government Code Section 87200 file by operation of statute, and their inclusion is informational only.
4. The Town Manager, or designee, is directed to file the 2026 Local Agency Biennial Notice on or before October 1, 2026, to notify each newly designated position and body of its obligation to file a Statement of Economic Interests, and to take all other actions necessary to carry out this Resolution.
5. Because the Town Council is the code reviewing body for the Town's Conflict of Interest Code, the amendments adopted by this Resolution are hereby approved as required by Government Code Section 87306.5, and this Resolution and the amendments shall take effect immediately upon adoption.
PASSED, APPROVED, AND ADOPTED by the Town Council of the Town of Fairfax on this 2nd day of September 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
______________________________ _________________________________
STEPHANIE HELLMAN CHRISTINE FOSTER
MAYOR DEPUTY TOWN CLERK
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/Deputy Town Clerk 700 1, 2, 3 Deputy Town Clerk/Administrative Analyst 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 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.
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