CITY OF GONZALES
CONFLICT OF INTEREST CODE
Section 1. Adopted by Reference.
The Standard Conflict of Interest Code developed by the Fair Political Practices Commission (Title 2, California Administrative Code, Section 18730), copies of which are on file in the office of the City Clerk, is adopted as the amended Conflict of Interest Code of the City of Gonzales for designated employees or appointees. The terms set forth in the Standard Code, and any amendment made thereto, except for those changes hereinafter appearing, are referred to and made a part hereof for all purposes as fully as if set forth herein.
Section 2. Filing Statement of Economic Interest.
Notwithstanding anything to the contrary in the Standard Conflict of Interest Code, each Statement of Economic Interest shall be filed as follows:
A. The original of each disclosure statement shall be filed with the City Clerk, or his/her designee, who shall review a copy thereof pursuant to this section. Upon completion of review of the disclosure statement pursuant to subsection (B) of this section, the City Clerk or his/her designee shall cause the same to be officially filed as the date the disclosure statement was initially received.
B. Upon receipt of a copy of the disclosure statement pursuant to subsection (A) of this section, the City Clerk or his/her designee shall review the statement to determine if the designated employee or appointee has filed each statement required by this Code. The Clerk or his/her designee shall notify the designated employee or appointee immediately in writing should the Clerk or his/her designee find that any required disclosure statement(s) have not been filed.
Failure of the Clerk or his/her designee to discover that any requirement of this Code has not been met shall not relieve the designated employee or appointee of any civil or criminal penalties and any such failure on the part of the Clerk or his/her designee shall not subject the Clerk or his/her designee to any liability whatsoever. Upon such notification, the designated employee or appointee shall file the required statements.
Section 3. Appendices Adopted.
The appendices referred to in sections 2 and 3 of the Standard Conflict of Interest Code are adopted and attached herewith as “Appendix A” and “Appendix B,” respectively.
EXHIBIT A
APPENDIX A
Designated Positions Disclosure Category
Public Works Director
Community Development Director
Green’s Accounting (Consultant)
Consultants*
CAT-01
CAT-01
CAT-01
CAT-01
-------------------------------------------------------------------------------------- * The definition of “Consultant” contained in 2 Cal. Code of Regs., Section 18701(a)(2), and any amendment to said section duly adopted by the Fair Political Practices Commission, is incorporated herein by reference.
With respect to Consultants, the City Manager may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus not required to comply with the disclosure requirements described in these categories. Such determination shall include a description of the consultant’s duties, and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager shall forward a copy of this determination to the Fair Political Practices Commission. Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code. ** It has been determined that the positions listed below manage public investments and will file a statement of economic interests pursuant to Government Code Section 87200 (CAT-01 and 02):
City Mayor
City Council Members
City Planning Commissioners
City Manager
City Attorney
Successor Agency Board Members
Successor Agency Executive Director
Successor Agency Counsel
Successor Housing Agency Board Members
Successor Housing Agency Executive Director
Successor Housing Agency Counsel
City Treasurer
APPENDIX B
General Provisions
When a designated employee is required to disclose investments and sources of income, s/he need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction, or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property. When a designated employee is required to disclose interests in real property, s/he need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency.
Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A.
Disclosure Categories:
CAT-01 All interests in real property in the local jurisdiction, as well as investments, business positions and sources of income (including gifts, loans and travel payments.
CAT-02 All investments, business positions and sources of income (including gifts, loans and travel payments.
CAT-03 All interest in real property in the local jurisdiction.