October 2020 September 2022
LEGISLATIVE VERSION
(SHOWS CHANGES MADE)
CONFLICT OF INTEREST CODE
OF THE
CITY OF FONTANA
October 2020 September 2022
CONFLICT OF INTEREST CODE FOR THE
CITY OF FONTANA
(Amended November 10, 2020 September 13, 2022)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 a nd the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Fontana (the “City”).
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the Deputy City Clerk as the City’s Filing Officer. The Deputy City Clerk shall retain the originals of the statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The Deputy City Clerk, as the City’s Filing Officer, shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) -1-
October 2020 September 2022
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
App. A-4- October 2020 September 2022
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF FONTANA
(Amended November 10, 2020 September 13, 2022)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public in vestments. 1 These positions are listed here for informational purposes only.
Finance Manager/Deputy City Treasurer Chief Financial Officer Financial Consultants
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
App. A-5- October 2020 September 2022
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Accounting Manager 5
Administrative Analyst 5
Administrative Project Coordinator 3, 5
Annexation Program Coordinator 1, 2
Assistant Building Official 3, 5, 6
Assistant Engineer 2, 3, 5, 6
Assistant Park Planner 2, 3, 5
Assistant Planner 3, 5, 6
Assistant to the City Manager/Intergovernmental 4
Relations Manager
Associate Engineer 2, 3, 5, 6
Associate Planner 3, 5, 6
Budget Manager 4
Building Inspector 3, 5, 6
Building Official 3, 5, 6
Business License Technician 6
Business Services Manager 4
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
App. A-6- October 2020 September 2022
Buyer 4
Cable Production Specialist 5
Chief Equipment Mechanic 5
Chief Financial Officer 4
City Attorney (not filing under Gov Code 87200) 1, 2
City Clerk 5
City Communications and Marketing Manager 5
Code Compliance Inspector 5, 6
Code Enforcement Inspector 5, 6
Community Improvement Program Manager 1, 2
Community Services Coordinator 5
Community Services Manager 5
Community Services Supervisor 5
Computer Forensics Technician 5
Contracts Administrator 4
Customer Service Supervisor 5
Database Administrator 5
Deputy City Clerk 5
Deputy City Manager 1, 2
Deputy Director, Management Services 4
Deputy Director, Public Works 2, 3, 5, 6
Development Services Supervisor 5
Director of Building & Safety 3, 5, 6
Director of Community Development 1, 2
Director of Community Services 5
Director of Engineering 2, 3, 5, 6
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
App. A-7- October 2020 September 2022
Director of Human Resources & Risk Management 5
Director of Information Technology 5
Director of Management Services 4
Director of Planning 1,2
Director of Public Works 2, 3, 5, 6
Director of Redevelopment/Special Projects 1, 2
Economic Development Manager 1, 2
Economic Development Analyst 2, 5
Engineering Manager 2, 3, 5
Environmental Control Specialist 6
Environmental Control Supervisor 5
Facility Maintenance Supervisor 5
Fleet Maintenance Supervisor 5
GIS Administrator 5
GIS Analyst 5
Grants Coordinator 1
Housing Development Manager 2, 3, 5
Housing Technician 2, 5
Human Resources Analyst (ALL) 5
Human Resources Specialist 5
Human Resources Technician 5
Information Systems Division Manager 5
Information Technology Manager 5
Internal Auditor, Sr. 4
IT Business Analyst 5
Landscape Inspector 6
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
App. A-8- October 2020 September 2022
Landscape Project Coordinator 2, 3, 5
Landscape Technician II 2, 3, 5
Management Analyst 5
Marketing Communications Specialist 5
Network Administrator 5
Network/Security Administrator 5
Operations & Construction Project Supervisor 2, 3, 5
Park Development Coordinator 2, 3, 5
Parks & Landscape Supervisor 5
Plan Check Engineer 3, 5, 6
Planning Inspector 2, 3, 6
Planning Manager 2, 3, 5, 6
Planning Technician 3, 5, 6
Plans Examiner 3, 5, 6
Police Administrative Lieutenant 5, 6
Police Administrative Services Manager 5
Police Captain 5, 6
Police Chief 5, 6
Police Communications Supervisor 5
Police Support Services Supervisor 5
Principal Civil Engineer 2, 3, 5, 6
Principal Planner 2, 3, 5, 6
Project Coordinator 2, 3, 5
Project Specialist 1, 2
Public Affairs Manager 5
Public Safety Administrator 5
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
App. A-9- October 2020 September 2022
Public Works Director/ City Engineer 2, 3, 5, 6
Public Works Inspection Supervisor 3, 5, 6
Public Works Inspector 3, 5, 6
Public Works Manager 5
Pump Maintenance Technician 5
Purchasing Specialist 4
Purchasing Supervisor 4
Real Property Analyst 1, 2
Records Coordinator 5
Resources/Budget Officer 4
Senior Accountant 5
Senior Civil Engineer 2, 3, 5, 6
Senior Engineer 2, 3, 5, 6
Senior Civil Land Surveyor 2, 3, 5
Senior Park Planner 3, 5
Senior Planner 2, 3, 5, 6
Senior Plans Examiner 2, 3, 5, 6
Senior Traffic Engineer 2, 3, 5, 6
Software Development Supervisor 5
Strategic Transportation Engineering Manager 2, 3, 5, 6 Supervising Accountant 5
Supervising Animal Services Officer 5
Supervising Code Compliance Inspector 5,6
Supervising Plans Examiner 3, 5, 6
Supervising Real Property Agent 1, 2
Supervising Technical Engineer 5
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
App. A-10- October 2020 September 2022
Supervising Traffic Systems Specialist 5
Systems/Network Administrator 5
Technology Services Business Analyst 5
Technology Services Division Manager 5
Technology Services Specialist 5
Telecommunications Specialist 5
Traffic Engineering Technician 5, 6
Transportation Engineering Manager 2, 3, 5, 6
Utility & Streets Supervisor 5
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS
Oversight Board to Successor Agency 1, 2
Project Area Committee 1, 2
Successor Agency 1, 2
Consultants and New Positions2
2 Individuals serving as a consultant as defined in FPPC Reg. 18700.3(a) or in a new position must file under the broadest disclosure category set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to designate a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. The City 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.
October 2020 September 2022
OFFICES
PART “B”
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned. 3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.
Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City.
Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.
Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
App. B-1-
October 2020 September 2022
Category 6: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, licensing application or other authority or entitlement of the designated position’s department, unit or division.