APPENDIX
(Dated September 16, 2024)
Designated Positions
Reportable
Economic Interest
Category Numbers
(Attached Hereto)
Accounting Manager 4, 6
Administrative Services Director
Assistant City/District Manager
1, 2, 3
1, 2, 3
Assistant Finance Director 1, 2, 3
Building and Vehicle Maintenance Manager 4, 6
Chief Building Official 4, 5, 6
Communications Director/City Clerk/District Secretary 4, 6 Community Development Director 1, 2, 3
Assistant City Attorney/Assistant District Legal Counsel 1, 2, 3 Deputy City Manager 1, 2, 3
Economic Development Manager 1, 2, 3
Financial Services Manager 1, 2, 3
Fleet Supervisor 4, 6
Human Resources Manager 1, 2, 3
Housing Coordinator 4, 6
Information Technology Manager 4, 6
Parks and Recreation Director 1, 2, 3
Parks Maintenance Manager 4, 6
Parks Supervisor 4, 6
Planning Manager 4, 5, 6
Police Captain 5
Police Chief 1, 2, 3
Public Works Director 1, 2, 3
Public Works Maintenance Manager 1, 2, 3
Public Works Maintenance Superintendent 4, 6
Recreation Manager 4, 6
Engineering Manager 4, 6
Consultants/New Positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code (1, 2, 3) subject to the following limitation:
“The City/District Manager may determine in writing that a particular consultant or new position, 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 descried in this section. Such written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City/District 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. (Government Code Section 81008.)”
**The following positions are NOT covered by the code because they must file under California Government Code §87200 and, therefore, are listed for informational 1 purposes only: City/District Attorney, City/District Manager, and Finance Director/City Treasurer, City Councilmembers/Board of Directors, City Planning Commissioners.
CATEGORIES OF REPORTABLE ECONOMIC INTERESTS
Category 1. All-inclusive Reportable Investments
A des
ignated employee in this category shall disclose all reportable investments (worth more than $2,000):
a) O
wned by the designated employee, his or her spouse or dependent child; b) O
wned by an agent on behalf of the designated employee;
c) O
wned by any business entity controlled by the designated employee (i.e., any business entity in which the designated employee, his or her agents, spouse and dependent children hold more than a 50% ownership interest); d) O
wned by a trust in which the designated employee has a substantial interest (i.e., a trust in which the designated employee, his or her spouse and dependent children have a present or future interest worth more than $2,000); e) R
epresenting the pro rata share (worth more than $2,000) of the designated employee, his or her spouse and dependent children, of investments of any business entity or trust in which the designated employee, his or her spouse and dependent children own, directly, indirectly or beneficially, a 10% interest or greater. “
Investment" means any financial interest in or security issued by a City of Foster City/ Estero Municipal Improvement District-related business entity, including, but not limited to common stock, preferred stock, rights, warrants, options, debt instruments and any partnership or other ownership interest.
A
business entity is “City of Foster City/Estero Municipal Improvement District- related” if and only if the business entity or any parent, subsidiary or otherwise related business entity: i) has an interest in real property within the jurisdiction, ii) does business in the City of Foster City/Estero Municipal Improvement District, or iii) did business or plans to do business in the City of Foster City/Estero Municipal Improvement District at any time during the period commencing two years prior to and ending one year after the time the designated employee is required by this Code to file his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a City of Foster City/Estero Municipal Improvement District decision. (The term “parent, subsidiary, or otherwise related business entity" shall be construed as specifically defined by the Commission.)
No a
sset is deemed an “investment" unless its fair market value exceeds $2,000. 2 The term ”investment” does not include a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, or any bond or other debt instrument issued by any government or government agency.
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ategory 2. All-Inclusive Reportable Interests in Real Property A des
ignated employee in this category shall disclose all interests (worth more than $2,000) in real property located within the jurisdiction if the interests are:
a) He
ld or owned by the designated employee, his or her spouse and dependent child; or
b) T
he pro rata share (worth more than $2,000) of interests in real property of any business entity or trust in which the designated employee or spouse owns, directly or indirectly or beneficially, a 10% interest or greater. “
Interest in real property” includes any leasehold, beneficial or ownership interest, or any option to acquire such an interest, in real property, but does not include the principal residence of the filer.
R
eal property shall be deemed to be “located within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the City of Foster City or the Estero Municipal Improvement District or within two miles of any land owned or used by the City of Foster City or the Estero Municipal Improvement District.
C
ategory 3. All-Inclusive Reportable Income
A
designated employee in this category shall disclose all income of the designated employee for any City of Foster City/Estero Municipal Improvement District- related source pursuant to the aggregate amount and gift limit outlined in 2 California Code of Regulations Section 18730 during the reporting period. a) “
Income" means, except as provided in subsection b), income of any nature from any City of Foster City/Estero Municipal Improvement District-related source, including but not limited to any salary, wage, advance, payment, honorarium, award, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness, discount in the price of anything of value unless the discount is available to members of the general public without regard to official status, rebate, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in income of a spouse from a City of Foster City/Estero Municipal Improvement District-related source. Income of an individual also includes a pro rata share of any income of any City of Foster City/Estero Municipal Improvement District-related business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a ten percent interest or greater.
A source, business entity or trust is “City of Foster City/Estero Municipal improvement District-related” if and only if he, she or it: (i) resides in the jurisdiction, 3 (ii) has an interest in real property within the jurisdiction, (iii) does business in the City of Foster City/Estero Municipal Improvement District at any time during the period commencing two years prior to and ending one year after his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a City of Foster City/Estero Municipal Improvement District decision. b) “Income” does not include:
(1) Campaign contributions required to be reported under Chapter 4 of the Act; (2) Salary and reimbursement for expenses or per diem received from a state or local government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic or charitable organization;
(3) Gifts of informational material, such as books, pamphlets, reports, calendars or periodicals;
(4) Gifts which are not used and which, within thirty days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes;
(5) Gifts from an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall be considered income if the donor is acting as an agent or intermediary for any person not covered by this paragraph; (6) Gifts of hospitality involving food, beverages, or lodging provided to the designated employee, if such hospitality has been reciprocated within the filing period. “Reciprocity” as used in this subsection includes the providing by the designated employee to the host of any consideration, including entertainment or household gift of a reasonable similar benefit or value; (7) Any devise or inheritance;
(8) Interest, dividends or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency;
(9) Dividends, interest or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government; and
(10) Loans by a commercial lending institution in the regular course of business. c) “
Honorarium" means a payment for speaking at any event, participating in a panel or seminar or engaging in any similar activity. For purposes of this subsection, free admission, food, beverages and similar nominal benefits provided to a filer at an event at which he or she speaks, participates in a panel or seminar, or performs a similar service, and reimbursement or advance for actual intra-state travel and for necessary accommodations provided directly in connection with the event are not payment and need not be reported by the designated employee.
An hon
orarium must be reported as a gift unless it is clear from all of the surrounding circumstances that the services provided represented equal or greater value than 4 the payment received. If it is clear from the surrounding circumstances that the services provided were of equal or greater value than the payment received, the honorarium is income, not a gift. When the designated employee claims that the honorarium is not a gift, he shall have the burden of proving that the consideration is of equal or greater value unless the designated employee is a defendant in a criminal action.
A p
rize or an award shall be disclosed as a gift unless the prize or award is received on the basis of a bona fide competition not related to the designated employee’s official status. Prizes or awards which are not disclosed as gifts shall be disclosed as income.
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ategory 4. Less-Inclusive Reportable Investments
A des
ignated employee in this category shall disclose those, and only those, Category 1 reportable investments which pertain to a business entity, a business activity of which is that of:
a) P
roviding within the last two (2) years, or foreseeable in the future, services, supplies, materials, machinery or equipment to the City of Foster City/Estero Municipal Improvement District.
b) Conducting a business in the City of Foster City/Estero Municipal Improvement District which requires a business license therefore pursuant to ordinances of the City/District.
c) Sale, purchase, exchange, lease or rental, or financing, for its own account or as broker, of real property or the development, syndication or subdivision of real property or construction thereon of buildings or structures.
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ategory 5. Less-Inclusive Reportable Interests in Real Property A d
esignated employee in this category shall disclose those, and only those, Category 2 reportable interests in real property where the property or any part of it is located within or not more than 500 feet outside the boundaries of the City of Foster City and Estero Municipal Improvement District.
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ategory 6. Less-Inclusive Types of Reportable Income
A
designated employee in this category shall disclose those, and only those types of Category 3 reportable income which are derived from a source, an activity of which is that of:
a) P
roviding within the last two (2) years, or foreseeable in the future, services, supplies, materials, machinery or equipment to the City of Foster City/Estero Municipal Improvement District.
b) Conducting a business in the City of Foster City/Estero Municipal Improvement District which requires a business license therefore pursuant to ordinances of the City/District.
5 c) Sale, purchase, exchange, lease or rental, or financing, for its own account or as broker, of real property or the development, syndication, or subdivision, of real property or constriction thereon of buildings or structures. 6