RESOLUTION 2022-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA
TO ADOPT AN AMENDED CONFLICT OF INTEREST CODE UPDATING
DESIGNATED EMPLOYEES AND OFFICERS
WHEREAS, The Political Reform Act, Government Code Section 81000, et, seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations, Section 18730) containing terms of a standard conflict of interest code that may be incorporated by reference into an agency’s conflict of interest code; and WHEREAS, the Fair Political Practices Commission, after proper public notice and hearing, may amend the standard conflict of interest code to conform to amendments in the Political Reform Act; and
WHEREAS, the Political Reform Act requires the City to review its conflict of interest code biennially to determine if it is accurate or, alternatively that the code must be amended.
WHEREAS, the City Council has previously designated employees, officers and disclosure categories in Resolution No. 2020-28 which now needs to be revised to add the Public Works Director, Finance Office Supervisor, and Recreation Program Supervisor as designated filers and to eliminate the positions of Deputy Director of Public Works, Utilities Superintendent, FBID Executive Director, FBID Board Members.
The City Council determines the attached Appendices accurately set forth those updated positions which should be designated and categories of financial interest which should be made reportable.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fortuna as follows:
1. The terms of 2 California Code of Regulations, Section 18730 along with any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and; Appendix A, listing Government Code Section 87200 Filers (for informational purposes only) and Designated Filers; and Appendix B setting forth the disclosure requirements, shall constitute the conflict of interest code of the City of Fortuna.
2. The City Clerk and Deputy City Clerk(s) are designated as the Filing Officials and Filing Officers for the City of Fortuna, and shall perform the duties of Filing Official and Filing Officer.
3. Government Code Section 87200 Filers shall file their Statements of Economic Interest with the Filing Officer for the City of Fortuna who shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. (Included for informational purposes only).
4. Designated filers shall file their Statements of Economic Interest with the Filing Official for the City of Fortuna who shall retain the original of these statements.
5. All Statements of economic interest will be available for public inspection and reproduction (upon request) pursuant to Government Code Section 81008.
AND, BE IT FURTHER RESOLVED that the City of Fortuna has conducted the 2022 biennial review of its conflict of interest code, as required by the Political Reform Act, and as a result of the biennial review determined the need for an amended conflict of interest code as presented in this Resolution. The conflict of interest code shall be adopted as Resolution 2022-24, and shall rescind and supersede all previous conflict of interest codes of the City of Fortuna.
PASSED AND ADOPTED on this 6th day of September 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor Sue Long
City of Fortuna
ATTEST:
_______________________
Siana L. Emmons, City Clerk
City of Fortuna
RESOLUTION NO 2022-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA
TO ADOPT AN AMENDED CONFLICT OF INTEREST CODE UPDATING
DESIGNATEDEMPLOYEES AND OFFICERS.
APPENDIX A
LIST OF G.C.CODE §87200 FILERS AND DESIGNATED FILERS
G.C. Code Section 87200 Filers are defined by California Government Code Section 87200 as “…members of planning commissions,…mayors, city managers, city attorneys, city treasurers, … members of city councils of cities, and other public officials who manage public investments, and to candidates for any of these offices at any election.” Filing obligations for individuals holding these positions are contained in California Government Code Sections 87200-87210. They are listed here for informational purposes only.
Filing Official sends original to FPPC, and retains copy.
Mayor
Council Member
Planning Commissioner
City Manager
City Attorney
Finance Director
Candidates for any of these positions
Designated Filers are defined as employee, members and consultants determined by the City of Fortuna to be persons who “make or participate in the making of decisions which may foreseeably have a material effect on economic interests”, under 2 California Code of Regulations, Section 18730 (2) Designated Employees.
Filing Officer retains original.
Police Chief
Lieutenant
Human Resources Manager
City Clerk
Deputy City Clerk
Finance Office Supervisor
Community Development Director / Deputy Director
City Engineer
Building Official
Public Works Director
Chief Plant Operator
General Services Superintendent
Parks & Recreation Director
Recreation Program Supervisor
River Lodge Manager
Measure E Independent Oversight Committee
Professional Consultants:
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 limitations:
Engineers and land surveyors who provide professional services as consultants need not file a statement unless those services relate to certain assessment recommendations.
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 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 this conflict of interest code.
APPENDIX B
DISCLOSURE REQUIREMENTS
G.C. Code Section 87200 Filers: Disclosure requirements for Code Filers are contained in the Political Reform Act, Chapter 7-Conflict of Interest, Article 2-Disclosure, Sections 87200-87210.
Designated Filers: Full disclosure is required for all designated employees. Full disclosure includes all interest in real property located within the City of Fortuna (other than filer’s principle residence), as well as investments, business positions and sources of income, including gifts, loans and travel payments.