City of Marysville
Conflict of Interest Code
The Political Reform Act, Government Code Sections 81000 et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes.
The Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal. Code of Regs.
Section 18730) which contains the terms of a standard conflict of interest code which may be incorporated by reference in an agency’s code, and which may be amended by the FPPC to conform to amendments in the Political Reform Act, following public notice and hearings.
Therefore, the terms of Section 18730 and any amendments that are duly adopted by the FPPC are hereby incorporated by reference, as the Conflict of Interest Code of the City of Marysville along with the attached Appendix(s) in which officials and employees are designated and disclosure categories are set forth.
Designated employees shall file annual FPPC Form 700 Statements of Economic Interests with the City of Marysville and attend required AB1234 Code of Ethics every two years. The City shall make all statements available for public inspection and reproduction, pursuant to Government Section 81008.
Attachments:
• Appendix A: Designated Positions
• Appendix B: Disclosure Categories
Adopted June 7, 2022
APPENDIX A
City of Marysville
Conflict of Interest Code
Designated Positions
A designated employee is an officer, employee, member or consultant of an agency whose position is designated in the code because the position entails the making or participation in the making of governmental decisions which may foreseeably have a material effect on any financial interest. (Government Code Section 82019)
1) Making a governmental decision means the person:
a. Votes on a matter
b. Appoints a person
c. Obligates or commits his or her agency to any course of action; or d. Enters into any contractual agreement on behalf of his or her agency 2) Participating in making of a decision, means the person:
a. Negotiates, without significant substantive review, with a governmental entity or private person regarding the decision
b. Advises or makes recommendations to the decision-maker by conducting research or an investigation, preparing or presenting a report, analysis or opinion which requires the exercise of judgment on the part of the employee and the employee is attempting to influence the decision
3) Consultant means an individual whom, pursuant to a contract with a state or local government agency makes a governmental decision whether to:
a. Approve a rate, rule, or regulation
b. Adopt or enforce a law
c. Issue, deny, suspend, or revoke any permit, license, application, certificate,approval, or similar authorization or entitlement
d. Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract e. Grant agency approval to a plan, design, report, study, or similar item f. Adopt or grant agency approval of policies, standards, or guidelines for the agencyor for any subdivision thereof
Positions listed in Government Code Section 87200 (i.e. City Council members, Planning Commissioners, City Manager, City Attorney, City Treasurer) are not required to be included in the list of designated positions because persons holding these positions are required to file FPPC Form 700 pursuant to State law.
Officials who manage Investments:
It has been determined that the position listed below manage public investments and will file a statement of economic interests (Form 700) pursuant to Government Code Section 87200:
• City Treasurer
APPENDIX A
Disclosure
Department Position Category
Administration City Manager I
City Clerk/Assistant to the City Manager II
Community Development Community Development Director I
Assistant Community Development
Director
I
Code Enforcement Officer/Building
Inspector I/II
I
Administrative Assistant I/II III/IV
Finance Finance Director/Human Resources
Director
I
Senior Accountant II
Accountant III/IV
Fire Fire Chief I
Fire Inspector/Engineer II/III
Administrative Assistant IV
(1) Consultants (as defined by FPPC regulation 18700(a)(2) 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 limitation:
The City Manager or designee may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section.
Police Police Chief I
Police Lieutenant II
Police Sergeant IV
Support Services Manager IV
Dispatch/Records Supervisor IV
Public Works Public Works Director I
Lead Maintenance Worker III/IV
Senior Maintenance Worker IV
Boards & Commissions Planning and Historical Pres. Commission I Consultants Determined by City Manager (1) I/II/III/IV
City Attorney I
APPENDIX B
City of Marysville
Conflict of Interest Code
Disclosure Categories
The following disclosure categories set forth the required contents of disclosure statements for officers and employees holding designated positions. An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decisions made or participated in by the designated employee by virtue of the employee’s position.
Category I – Full Disclosure
Designated employees assigned to Category I shall report all investments, interests in real property and income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. Financial interests are reportable only if located within or subject to the jurisdiction of the City of Marysville or if the business entity is doing business or planning to do business in the jurisdiction or has done business within the jurisdiction at any time during the two years prior to the filing of the statement.
Category II – Citywide Disclosure: Material & Supplies
An employee in this category could possibly have a conflict of interest due to an interest in a supplier of goods, materials or services to the City.
Designated employees assigned to Category II shall report:
a) All investments in any business entity which, within the last two years, has contracted, or in the future foreseeably may contract with the City of Marysville to provide services, supplies, materials, machinery, or equipment to the City.
b) All income from any source which, within the last two years, has contracted, or in the future foreseeably may contract with, the City of Marysville to provide services, supplies, materials, machinery, or equipment to the City.
c) His or her status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity, which within the last two years, has contracted, or in the future foreseeably may contract with the City of Marysville to provide services, supplies, materials, machinery, or equipment to the City.
Category III – Citywide Disclosure: Construction, Building and Real Property Designated employees assigned to Category III shall report:
a) Investments in any business entity licensed to do construction or build within the jurisdiction of the City of Marysville.
b) All income from any business entity licensed to do construction or build within the jurisdiction of the City of Marysville.
c) His or her status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity licensed to do construction or build within the jurisdiction of the City of Marysville.
d) All investment and interests in real property if the property is located within or subject to the jurisdiction of the City of Marysville.
APPENDIX B
Category IV - Department Disclosure: Material & Supplies An employee in this category could possibly have a conflict of interest due to an interest in a supplier of goods, materials or services to their department/division.
Designated employees assigned to Category IV shall report:
a) Investments in any business entity which, within the last two years, has contracted, or in the future foreseeably may contract with the City of Marysville to provide services, supplies, materials, machinery, or equipment to the department/division. b) Income from any source which, within the last two years, has contracted, or in the future foreseeably may contract with the City of Marysville to provide services, supplies, materials, machinery, or equipment to the department/division.
c) His or her status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity, which within the last two years, has contracted, or in the future foreseeably may contract with the City of Marysville to provide services, supplies, materials, machinery, or equipment to the department/division.