1 RESOLUTION NO. 2022-______
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA, RE-
ADOPTING THE CITY’S CONFLICT OF
INTEREST CODE AND RESCINDING
RESOLUTION NO. 2020-92
WHEREAS, the Merced City Council previously adopted Resolution No. 2020- 92, adopting the model Conflict of Interest Code set forth in Section 18730 of the California Code of Regulations; and
WHEREAS, the City Council desires to add positions that must be designated; revise the titles of existing positions; revise the disclosure categories of existing positions; and delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MERCED
DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS
FOLLOWS:
SECTION 1: Any resolutions in conflict with this Resolution are hereby rescinded and repealed.
SECTION 2: 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 and may be incorporated by reference in an agency’s code. The standard Conflict of Interest Code may be amended by the Fair Political Practices Commission 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 and along with the attached Appendices A, B, and, C, designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Merced.
SECTION 3: CONFLICT OF INTEREST CODE - STATEMENTS.
Individuals holding the designated positions outlined in Appendix B shall file their statements with the Assistant City Clerk, who shall be and perform the duties of
2 filing officer for the City of Merced. Statements will be available for inspection and reproduction pursuant to Government Code Section 81008.
SECTION 4: 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 judgment rendered in connection with any other Conflict of Interest Code.
PASSED AND ADOPTED by the City Council of the City of Merced at a regular meeting held on the _____ day of _____________, 2022, by the following called vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
APPROVED:
______________________________
Mayor
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY:_______________________________
Assistant/Deputy City Clerk
(SEAL)
3 APPROVE AS TO FORM:
BY: 9/23/2022
City Attorney Date
4 CITY OF MERCED
CONFLICT OF INTEREST CODE
APPENDIX “A”
Definitions:
1. “Public Official” means a member, officer, employee, or consultant of a state or local government agency. The term “public official” also includes individuals who perform the same or substantially the same duties as an individual holding an office or a position listed in Government Code Section 87200, including “other public officials who manage public investments” as that term is defined in 2 California Code of Regulations Section 18720.
2. “Member” shall include, but not be limited to, salaried or unsalaried members of boards or commissions with decision-making authority. A board or commission possess decision-making authority whenever:
(A) It may make a final governmental decision;
(B) It may compel a governmental decision, or it may prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto which may not be overridden; or,
(C) It makes substantive recommendations, which are, and over an extended period of time have been, regularly approved without significant amendment or modification by another public official or governmental agency.
3. “Disclosure Categories” means the financial interest of designated City employees as set forth in four categories: (1) Full Disclosure; (2) Real Property; (3) Business/Investments; (4) Consultants. The four categories are further defined in Appendix C.
4. “Designated Employee” is an officer, employee, member, or consultant set forth on Appendix B 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)
(A) Making a governmental decision means the person:
1. Votes on a matter;
5 2. Appoints a person;
3. Obligates or commits his or her agency to any course of action; or,
4. Enters into any contractual agreement on behalf of his or her agency.
(B) Participating in the making of a decision, means the person:
1. Negotiates, without significant substantive review, with a governmental entity or private person regarding the
decision; or,
2. 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.
(C) The term “designated employee” does not include:
Public officials specified in Government Code Section 87200:
Planning Commissioners
City Council Members
Mayors
City Managers
City Attorneys
City Treasurers
Other city, county and local agency public officials
who manage public investments
Solely clerical, ministerial or manual positions
Unsalaried members of boards or commissions, which
are solely advisory
4. “Consultant” means an individual whom, pursuant to a contract with the City of Merced:
(A) Makes a governmental decision whether to:
6 1. Approve a rate, rule, or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar
authorization or entitlement;
4. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract, which
requires agency approval;
5. 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;
6. Grant agency approval to a plan, design, report, study, or similar item;
7. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency or for any subdivision
thereof; or,
(B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s Conflict of Interest Code.
The City Manager or his/her 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 submit a Statement of Economic Interest. 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 or his/her designee’s determination is a public record and shall be retained for public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
7 CITY OF MERCED
CONFLICT OF INTEREST CODE
APPENDIX “B”
The following is a listing of those designated individuals who are required to submit Statements of Economic Interests:
Public Officials:
Mayor/Chairperson
City Council Member /Public Financing and Economic Development Authority Member/Flood Hazard Control Board Member/Merced Industrial Development Authority Member/Parking Authority Member
City Manager/Executive Director/City Clerk
City Attorney/ General Counsel/Authority General Counsel Finance Officer
Planning Commissioner
Members:
City Council Boards: Disclosure Category
City Council All Boards and Commissions
Parking Authority are Merced Category 1 Filers.
Flood Hazard Control Board
Public Financing and Economic Development Authority
Merced Industrial Development Authority
Citizen Commissions, Committees, and Boards:
Arts and Culture Advisory Commission
Bicycle and Pedestrian Advisory Commission
Building and Housing Board of Appeals
Citizens’ Stipend Setting Commission
Disaster Council
Minor Subdivision Committee
Personnel Board
Planning Commission
Recreation and Parks Commission
Regional Airport Authority
Tax Transparency Commission
Designated Employees:
8 Department Position Disclosure
Category
City Manager Deputy City Manager
Senior Management Analyst
Management Analyst
Assistant City Clerk
Deputy City Clerk
1 1
1 3
City Attorney Chief Deputy City Attorney
Senior Deputy City Attorney
Deputy City Attorney
1 1
1 Development Services
Planning:
Inspection Services:
Housing:
Economic Development:
Airport:
Finance:
Director of Development
Services
Chief Building
Official/Construction
Project Official
Planning Manager
Principal Planner
Associate Planner
Senior Planner
Chief Building Official
Assistant Chief Building
Official
Building Inspector I/II/III
Plans Examiner
Engineering Technician I-IV
(Inspection Services Only)
Housing Specialist
Housing Program Supervisor
Economic
Development Manager
Economic Development
Associate
Airport Manager
Deputy Finance Officer
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 9
Department Position Disclosure
Category
Fire:
Information Technology:
Police:
Payroll Supervisor
Purchasing Supervisor
Revenue and Customer
Service Supervisor
Senior Accountant
Fire Chief
Fire Marshall
Fire Deputy Chief
Fire Battalion Chief
Fire Captain
Fire Inspector
Director of Information
Technology
Information Technology
Manager
Systems Engineer I/II/III
Police Chief
Police Captain
Police Lieutenant
Police Sergeant
Community Liaison
Community Services Officer
Management Analyst
3 3
3 3
1 1
1 1
1 1
1 3
3 1
1 1
1 1
1 1
Parks and Community
Services:
Director of Parks and
Community Services
Recreation Supervisor
1 3
Public Works: Director of Public Works
Deputy Director of Public
Works
Public Works Manager-
Operations
Public Works Manager-
Tax Services
1 1
1 2
2 10
Department Position Disclosure
Category
Engineering:
Public Works Manager-
Water
Public Works Manager-
Wastewater
WWTP Maintenance
Supervisor
WWTP Operations
Supervisor
Public Works Supervisor-
Facilities
Public Works Supervisor-
Fleet
Public Works Supervisor-
Sewers/Storm Drains
Public Works Supervisor-
Parks/Trees
Public Works Supervisor-
Solid Waste
Public Works Supervisor-
Streets
Public Works Supervisor-
Water
Public Works Supervisor-
Laboratory
Public Works Supervisor-
Environmental
Compliance
GIS Coordinator
Recycling Coordinator
Water Conservation
Coordinator
Management Analyst
City Engineer
Assistant Engineer
Senior Engineer
Associate Engineer
Engineering Project
2 3
3 3
3 3
3 3
3 3
3 3
1 1
1 1
1 1
1 1
1 1
11 Department Position Disclosure
Category
Manager
Engineering Technician I-IV
City Surveyor
2 2
Human Resources:
Consultants:
Human Resources Manager
Risk Analyst
Human Resources Analyst
Plan Check Consultants
Contract Employees
Designated Consultants
1 3
3 2
4 4
2 12
CITY OF MERCED
CONFLICT OF INTEREST CODE
APPENDIX “C”
Individuals holding designated positions must report their interest according to the following disclosure category.
Category 1: Full Disclosure, All interests in real property as well as investments, business positions, sources of income, and gifts from any source in, or doing business in, jurisdiction of the City, and all other interests, which are subject to the regulation or supervision of the City.
Category 2: Real Property, All interests in real property located within the City. Investments, business positions in business entities, income, and gifts from sources in, or doing business within the City, which:
1. Are of the type which engages in the appraisal
acquisition, disposal, development of real property, or rehabilitation or construction of improvements on real property including architects, contractors, and subcontractors.
2. Are of the type which provides services, supplies,
materials, machinery, or equipment of any type utilized by the City Department to which the designated employee is assigned.
3. Are the type which is subject to the regulation or
supervision of the City.
Category 3: Business/Investments, Investments, business positions in business entities, income, and gifts from sources in, or doing business within the City which:
1. Are of the type which engages in the appraisal,
acquisition, disposal, development of real property, or rehabilitation or construction of improvements on real property including architects, contractors, and subcontractors.
13 2. Are of the type which provides services, supplies, materials, machinery, or equipment of any type utilized by the City Department to which the designated employee is assigned.
3. Are the type which is subject to the regulation or
supervision by the City Department of the designated
employee.
Category 4: Consultants. The Assistant City Clerk, after consultation with the City Attorney, shall designate the disclosure category for each consultant subject to this Code.