RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, MODIFYING THE CITY OF FULLEROTN CONFLICT OF INTEREST CODE INCLUDING DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES AS REQUIRED BY THE POLITICAL REFORM ACT AND REGULATIONS OF THE FAIR POLITICAL PRACTICES COMMISSION THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
City Council modifies the City of Fullerton Conflict of Interest Code, including the Designated Positions and Disclosure Categories, initially adopted by City Council Resolution No. 8703 and last updated by Resolution No. 2020-89, to reflect changes since the last update.
City Council approves the revised Conflict of Interest Code, attached hereto, including Designated Positions and Disclosure Categories.
Pursuant to Section 2 of the Conflict of Interest Code of the City of Fullerton, the City Council, as the Code-reviewing body, instructs all persons occupying a Designated Position to file an annual Statement of Economic Interest with the City Clerk as required, as well as assuming and leaving office statements.
Adoption of this resolution replaces Resolution No. 2020-89 including the Conflict of Interest Code Appendix and Disclosure Categories.
ADOPTED BY THE FULLERTON CITY COUNCIL ON NOVEMBER 15, 2022. __________________
Fred Jung
Mayor
ATTEST:
__________________
Lucinda Williams, MMC
City Clerk
__________________
Date
Attachments:
Attachment 1 - City of Fullerton Conflict of Interest Code
CONFLICT OF INTEREST CODE
CITY OF FULLERTON
SECTION 1: Conflict of Interest Code – Adopted
The Political Reform Act (Government Code Section 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 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. The Fair Political Practices Commission may amend the standard code to conform to amendments in the Political Reform Act after public notice and hearings. 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 regulation and the attached Appendix “A” designating positions and Appendix “B” establishing disclosure requirements, shall constitute the Conflict of Interest Code of the City of Fullerton, which is considered the “agency” within the purview of this code. The Conflict of Interest Code of the City of Fullerton so adopted amends and replaces any Conflict of Interest Code of the City of Fullerton previously in effect.
SECTION 2: Conflict of Interest – Statements
Individuals holding designated positions shall file statements of economic interests with the City Clerk, who shall be and perform the duties of the filing officer for the City of Fullerton. The City Clerk will make statements available for public inspection and reproduction (Government Code Section 81008). Upon receipt of statements from individuals holding positions identified in Government Code Section 87200, the City Clerk shall make and retain copies and forward original statements to the Fair Political Practices Commission. The City Clerk shall retain all other statements.
SECTION 3: Savings Clause
Any change provided for in this Conflict of Interest Code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other Conflict of Interest Code, nor shall it affect any prosecution, suit or proceeding pending or any judgement rendered in connection with any other Conflict of Interest Code.
CITY OF FULLERTON
CONFLICT OF INTEREST
APPENDIX A
DESIGNATED POSITIONS*
DESIGNATED POSITION
DISCLOSURE CATEGORY/IES
Administration
Assistant City Clerk
6 Assistant to the City Manager / Economic Development Manager 1,2
City Clerk / Clerk Services Manager
3,6
Deputy City Clerk
6 Deputy City Manager
1, 2
Administrative Services
Budget Analyst
6 Budget Analyst I
6 Budget Analyst II
6 Budget and Purchasing Manager
6 Buyer I
6 Buyer II
6 Chief Information Officer
1,2
Director of Administrative Services
1,2
Fiscal Services Manager
3,5,6,7
Information Technology Manager
6 Information Systems Project / Programmer Manager
6 Network Specialist
6 Purchasing Manager
6 Revenue Manager
3,5,6,7
Revenue and Utility Services Manager
3,5,6,7
Senior Budget Analyst
6 Utility Services Supervisor
5,6
Community Development
Assistant Planner
3,4,6
Associate Plan Check Engineer
3,4,6
Associate Planner
3,4,6
Building Inspector Trainee
3,4,6
Building Inspector I
3,4,6
Building Inspector II
3,4,6
Building Inspector III
3,4,6
Building Permit Supervisor
3,4,6
Building and Safety Manager
3,4,6
Building Official / Plan Check Engineer
3,4,6
Code Enforcement Manager
3,4,6
Code Enforcement Officer
3,4,6
Code Enforcement Officer Trainee
3,4,6
Code Enforcement Supervisor
3,4,6
Deputy Director of Community and Economic Development
1,2
Director of Community and Economic Development
1,2
Economic Development Manager / Principal Planner
3,4,6,7
Housing and Community Rehabilitation Inspector
3,4,6,7
Housing and Homeless Resources Manager
3,4,6,7
Housing Manager
3,4,6,7
Housing Programs Assistant
3,4,6,7
Plan Check Engineer
3,4,6
Plan Check Specialist – Fire
3,4,6
Planning Manager
3,4,6
Senior Building Inspector
3,4,6
Senior Code Enforcement Officer
3,4,6
Senior Planner
3,4,6
Fire
Battalion Chief
2,3,6
Deputy Chief
3,6
Division Chief
2,3,6
Emergency Preparedness Coordinator
2,3,6
Emergency Medical Services Manager
2,3,6
Environmental Compliance Specialist
2,3,6
Fire Chief
1,2
Fire Marshal / Deputy Chief - Administration
2,3,6
Fire Marshal / Division Chief – Administration
2,3,6
Fire Prevention Inspector
2,3,6
Fire Prevention Specialist Series
2,3,6
Fire Protection Analyst
2,3,6
Hazardous Materials Specialist I / II
2,3,6
Hazardous Materials Specialist Trainee
2,3,6
Human Resources
Director of Human Resources
1,2
Human Resources Manager I / II
6 Human Resources / Risk Management Analyst
6 Risk Manager
6 Library
Library Director
1,2
Library Division Manager – Adult Services
6,7
Library Division Manager – Children’s Services
6,7
Library Division Manager – Technical Services
6,7
Parks and Recreation
Director of Parks and Recreation
1,2
Deputy Director of Parks and Recreation
1,2
Events Specialist
6,7
Parks Project Specialist
6,7
Parks Project Manager
6,7
Parks and Recreation Manager
6,7
Parks and Recreation Supervisor I / II
6,7
Police
Police Captain
2,3
Police Chief
1,2
Police Communications Supervisor
2,3
Police Lieutenant
2,3
Police Sergeant – Communications
2,3
Police Technical Services Manager
2,3
Public Works
Airport Manager
6 Building & Facilities Superintendent
6 City Engineer / Assistant Director of Public Works
1,2
Civil Engineer
4,6
Construction Inspector
3,6
Construction Inspector – Water
3,4,6
Director of Public Works
1,2
Equipment Superintendent
6 Landscape Superintendent
6 Manager – Building and Facilities and Sewer Divisions 3,4,6
Manager – Landscape and Street Divisions
3,4,6
Maintenance Services Manager
6 Principal Civil Engineer
3,4,6
Principal Civil Engineer – Water
3,4,6
Principal Construction Inspector
3,4,6
Public Works Administrative Manager
3,4,6,7
Public Works Analyst
4,6
Real Property Agent
4,6
Senior Civil Engineer
3,4,6
Senior Traffic Engineering Analyst
4,6
Sewer Superintendent
6 Source Control Inspector
6 Street Superintendent
6 Water Engineering and Systems Manager
6 Water Superintendent
6 Water System Manager
6 Water System Manager / Assistant City Engineer
3,4,6
Various Departments
Administrative Analyst I / II
6, 7
Senior Administrative Analyst
6 Project Manager I
6 Project Manager II
6 Commission / Committee / Board Members
Investment Advisory Committee
5,6
Library Board of Trustees
6,7
Transportation and Circulation Commission
3,4,6
Community Development Citizens’ Committee
6,7
Parks and Recreation Commission
6,7
Infrastructure and Natural Resources Advisory Committee 4,6
Active Transportation Committee
4,6,7
CONSULTANTS
The City Manager, or designee, shall determine in writing on a case-by-case basis whether a particular consultant is required to comply with disclosure requirements. If the City Manager, or designee, determines that, pursuant to the Conflict of Interest Code, a particular consultant must comply with disclosure requirements, the City Manager, or designee, shall complete a Fair Political Practices Commission Form 805 (Consultants) and forward the completed Form 805 to the City Clerk. The City Clerk will forward a copy of the completed Form 805 to the consultant and inform the individual consultant of their filing obligations. . The City Manager’s, or designee’s, determination is a public record and available for public inspection. The City Clerk’s Office will keep all Form 805 (Consultants) on file in accordance with the City’s Records Retention Schedule.
GOVERNMENT CODE SECTION 87200 FILERS
City Council Members
City Council Candidates
City Attorney
City Manager
City Treasurer
Planning Commissioners
These positions file in accordance with requirements contained in California Government Code Section 87200.
NEWLY CREATED / TEMPORARY POSITIONS
The Director overseeing the Human Resources department, or designee, shall determine when a newly created position will make or participate in making governmental decisions on behalf of the City and assign a disclosure category conforming to the position’s range of duties. The Director, or designee, will complete a Fair Political Practices Commission Form 804 (New Positions) and file the completed Form 804 (New Positions) with the City Clerk at the time the City creates the position.
APPENDIX B
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income or real property, which the Designated Individual must disclose for ech disclosure category to which s/he is assigned.
Category 1
Broad Disclosure – Income
All investments, business positions and sources of income including gifts, loans and travel payments from sources doing business in the jurisdiction of the City or plan to do business within the jurisdiction of the City within the next year or have done business with the jurisdiction of the City within the past two years.
Category 2
Broad Disclosure - Property
All interest in real property located in whole or in part within the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.
Category 3
Disclosure Related to Licensing / Permitting
All investments, business positions and income, including gifts, loans and travel payments, from sources subject to the regulatory, permit or licensing authority of the designated individual’s department, will be subject to such authority in the next year or have been subject to such authority within the past two years within the designated individual’s area of authority.
Category 4
Disclosure Related to Land / Property
All investments, business positions and sources of income, including gifts, loans and travel payments from entities which engage in land development, construction or the acquisition or sale of real property within the jurisdiction of the City, plan to engage in such activities within the jurisdiction of the City within the next year or have engaged in such activities within the jurisdiction of the City within the past two years or have an interest in real property within the designated individual’s area of authority.
Category 5
Disclosure Related to Banking / Finance
All investments, business positions and sources of income from business entities that are banking, savings and loan or other financial institutions within the designated individual’s area of authority.
Category 6
Purchasing / Contracting
All investments, business positions and sources of income, including gifts, loans and travel payments, from, business entities that provide leased facilities, services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City within the past two years within the designated individual’s area of authority.
Category 7
Disclosure Related to Grants / Service Providers
All investments, business positions and income, including gifts, loans and travel payments or income from a nonprofit organization, if the source is of the type to receive grants and other monies from or through the City and within to the designated individual’s area of authority.