CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
9/28/2026
1 SUBJECT:
Adopt Resolution Amending the City's Conflict of Interest Code to Revise the List of Designated Employees
RECOMMENDED ACTION:
Adopt the resolution amending the Administrative Policy No. 26 and the City of Pacifica Conflict of Interest Code to revise the list of Designated Employees and repealing Resolution No. 86- 2024.
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
California Government Code 87306.5 requires that each local agency review and, if necessary, revise its Conflict of Interest Code in even-numbered years. The City is required to review and, if necessary, revise its list of "Designated Employees" when the City creates new positions, revises job titles, eliminates positions or conducts a structural reorganization within City departments. Public officials designated in Government Code section 87200 must file Statements of Economic Interest (Form 700s). Additionally, pursuant to the City's Conflict of Interest Code, certain designated City employees and certain consultants who hold positions that involve making or participating in the making of decisions which may foreseeably have a material effect on the holder’s financial interests must file Statements of Economic Interest (Form 700s). A Conflict of Interest Code was first approved by Resolution No. 16-79, which has been amended periodically as noted below.
In order to comply with State law, the City must now amend and update its Conflict of Interest Code. Staff has reviewed new positions created and revised job descriptions that have been adopted subsequent to the update to the Conflict of Interest Code in September 2024.
Accordingly, staff recommends adoption of a resolution amending the City's Conflict of Interest Code to revise the list of designated employees to reflect current positions. Exhibit A of Administrative Policy No. 26, attached to the resolution included with this report reflects these changes, and is intended to supersede and repeal Resolution No. 86-2024, which approved the last Conflict of Interest amendment on September 23, 2024.
Subsequent to the update of the Conflict of Interest Code by Resolution No. 86-2024, the City completed a Comprehensive Classification Study in 2025 and adopted an updated Classification Plan through the adoption of Resolution No. 39-2025 on May 27, 2025.
Subsequent to the adoption of the Classification Plan, Resolution No. 42-2025 was adopted by the City Council on June 23, 2025, approving a Job Classification update from “Economic Pacifica City Council 2
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Development Manager” to “Economic and Housing Development Manager” and adding a job classification for “Economic and Housing Development Specialist”. Proposed amendments to the Designated Employees listed in Exhibit A reflect updated Job Classification Titles, including changing the title of Economic Development Manager to Economic and Housing Development Manager and remove positions that are no longer reflected in the current Classification Plan.
Senate Bill 852 (SB 852) enacted in 2025 and effective January 1, 2026 does not alter the Form 700 filing mandate for specific public officials, but modifies where and how their Form 700’s must be filed. SB 852 amends Government Code Section 87500 to require that public officials who manage public investments, as defined by Regulation 18700.3(b), file Form 700’s using the Fair Political Practices Commission (FPPC)’s electronic filing system instead of filing the Form 700 with the local filing officer / City Clerk. Government Code Section 87200 lists this category with other statutory filers. Staff review of job classifications identifies the Assistant City Manager, the Finance and Administrative Services Director / City Treasurer and the Deputy Finance Director as public officials who manage public investments. Therefore, the amendments to Exhibit A reorganizes the listing to note that these positions constitute public officials who manage public investments and they are required to file Form 700 under Government Code Section 87200.
With the amendments to the list of Designated Employees (Exhibit A) the City's Conflict of Interest Code accurately reflects those positions that may make or participate in making decisions which may foreseeably have a material effect on the holder’s financial interests.
Making a decision may include voting on a matter, approving the budget, adopting policy, making purchasing decisions and/or entering into contracts. Participating in a decision includes negotiating the terms or a contract, writing the specifications of a bid and/or advising or making recommendations to a decision-maker or governing body without significant intervening substantive review.
Notable amendments to the list of Designated Employees based on these criteria and the review of new and revised job classifications are summarized in the following tables:
Amended Position Titles:
Existing Title Updated Title Reason for Amendment Disclosure Category
Economic Development
Manager
Economic and Housing
Development Manager
reclassification and title
change adopted by
Resolution No. 42-2025
1 Community Development
Director
Director of Community
Development
consistency with the current
Classification Plan adopted
by Resolution No. 39-2025
1 Community Development
Deputy Director
Deputy Director of
Community Development
consistency with the current
Classification Plan adopted
by Resolution No. 39-2025
1 Director of Public Works Director of Public Works /
City Engineer
consistency with the current
Classification Plan adopted
by Resolution No. 39-2025
1 Deputy Director of Public Deputy Director of Public consistency with the current 1 Pacifica City Council 3
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Works / City Engineer - Field
Services & Engineering
Works - Field Services &
Engineering
Classification Plan adopted
by Resolution No. 39-2025
Engineering Manager -
Wastewater
Engineering Manager consistency with the current
Classification Plan adopted
by Resolution No. 39-2025
1 Wastewater Treatment Plant
Operations Manager
Wastewater Plant
Operations Manager
consistency with the current
Classification Plan adopted
by Resolution No. 39-2025
4(a)
Public Works Superintendent
- Streets, Parks, Facilities &
Motor Pool
Public Works
Superintendent
consistency with the current
Classification Plan adopted
by Resolution No. 39-2025
4(a)
Motor Pool Supervisor Public Works Supervisor
(Motor Pool)
consistency with the current
Classification Plan adopted
by Resolution No. 39-2025
4(a)
Paramedic Coordinator EMS Chief consistency with the current Classification Plan adopted
by Resolution No. 39-2025
4(a)
Added Position to Exhibit A:
Position Added Reason for Addition Disclosure
Category
Deputy Director of Parks
Beaches & Recreation
Position was added subsequent to 2024 Conflict
of Interest Code Update and is now included in
the Classification Plan adopted by Resolution No.
39-2025; position includes participation in
governmental decisions that may foreseeably
have a material financial effect, negotiates terms
of contracts, and acts as Director in the Director’s
absence
1 Removed Positions from Exhibit A:
Position RemovedReason
for RemovalDisclosure
Category
Management Analyst II performs work under the general supervision of the assigned Department Head or other
management staff member
1 Principal Civil Engineer this job classification is no longer referenced in the current Classification Plan
1 Assistant Civil Engineer this position is an entry-level position that performs work under close supervision of the
Engineering Manager
4(a)
Senior Project Engineer -
Wastewater
this job classification is no longer referenced in
the current Classification Plan
4(a)
The Disclosure Categories listed in Exhibit B and referenced in the above tables summarizing the amendments to Exhibit A include the following:
1 = Full Disclosure - All interests in real property located within the jurisdiction, as well as Pacifica City Council 4
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investments, business positions and sources of income, including gifts, loans and travel payments.
2 = Full Disclosure (excluding interests in real property) - All investments, business positions and sources of income, including gifts, loans and travel payments. 3 = Interests in Real Property - All interests in real property located in the jurisdiction. 4(a) = General Contracting Category (a) for individuals who contract for the entire agency - All investments, business positions and income, including gifts, loans and travel payments, from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City of Pacifica.
4(b) = General Contracting Category (a) for individuals have contracting authority for a specific department - All investments, business positions and income, including gifts, loans and travel payments, from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the employee’s department or area of authority. 5 = Regulatory, Permit or Licensing Agency - All investments, business positions and income, including gifts, loans and travel payments, from sources that either contract to provide education or training required by the City of Pacifica to qualify for or maintain a license, or entities that provide education or training services which courses or curricula are approved by the City of Pacifica.
6 = Grant/Service Providers/Agencies that Oversee Programs - 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 or other monies from or through the City of Pacifica.
Generally, the Disclosure Categories (1), (4a) and (4b) apply to the designated positions of City of Pacifica employees as indicated in Exhibit A. The additional Disclosure Categories defined would be reviewed for applicability to new positions created and/or Consultants whose contractual obligations include participating in making governmental decisions and/or decisions that may have a material financial effect on real property within the jurisdiction. The various Disclosure Categories are defined to allow for flexibility to limit the disclosure requirements to the scope of duties the position is contracted to perform.
Staff recommends the adoption of the resolution amending Administrative Policy No. 26 and the attached updated Conflict of Interest Code incorporating Exhibit A (Designated Positions).
Exhibit B defines the Disclosure Categories and is attached for reference. No changes have been made to Exhibit B - Disclosure Categories.
FISCAL IMPACT:
None.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
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Exhibit A: Conflict of Interest Code - Designated Positions Redline and Clean Versions (PDF) Exhibit B: Disclosure Categories (PDF)
Attachment C: 2026 Conflict of Interest Code Instructions to Local Agencies - Biennial Update (PDF)
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September 28, 2026
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AMENDING ADMINISTRATIVE POLICY NO. 26 THE CITY OF PACIFICA’S CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES AND REPEALING RESOLUTION NO. 86-2024 WHEREAS, pursuant to California Government Code commencing with Section 87300, the City Council is required to adopt and promulgate a Conflict of Interest Code; and WHEREAS, pursuant to Government Code Section 87302, the Conflict of Interest Code shall provide for specific enumeration of the positions within the City, other than those specified in Government Code Section 87200, which involve the making or participation in the making of decisions which may foreseeably have material effect on any financial interest and for each such enumerated position, the specific types of investments, business position interests in real property and sources of income which must be reported; and WHEREAS, the Political Reform Act of 1974, (Government Code Section 8100 et seq.) requires state and local government agencies to adopt a Conflict of Interest Code and the Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal. Code of Regs. Sections 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and a hearing the standard code may be amended by the FPPC to conform to amendments in the Political Reform Act. The terms of 2 California Code of Regulations section 18730, and any amendments to it duly adopted by the FPPC, may be incorporated by reference into a local agency’s conflict of interest code; and
WHEREAS, the City Council approved a Conflict of Interest Code by Resolution No. 16-79 which has been amended from time to time to conform to amendments by approving Exhibit “A” and disclosure categories for certain designated positions with the City of Pacifica; and
WHEREAS, approval of this resolution supersedes and repeals Resolution No. 86- 2024 which approved the last Conflict of Interest amendment; and WHEREAS, it has been determined that the attached Exhibit A accurately sets forth those positions which should be designated, and Exhibit B the categories of financial interests which should be made reportable for each position; and WHEREAS, the Political Reform Act requires review of the Conflict of Interest Code every two (2) years to determine whether it is accurate or whether it should be amended; and
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WHEREAS, the City desires to update its current Conflict of Interest Code to revise the list of designated positions and disclosure categories and to update references to accurately reflect current positions in Administrative Policy No. 26.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that Administrative Policy No. 26, including Exhibit A and Exhibit B attached hereto and incorporated by reference and the terms of 2 California Code of Regulations section 18730, as may be amended, shall constitute the City of Pacifica’s Conflict of Interest Code.
BE IT FURTHER RESOLVED that individuals holding designated positions identified in Exhibit A shall file Statements of Economic Interests (Form 700) with the City Clerk, to whom the City Council hereby designates the authority to carry out the duties of the Filing Officer, in the manner identified by the City Clerk. Statements of Economic Interest shall be made in a form prescribed by the Fair Political Practices Commission and supplied by the City of Pacifica and those noted as required to file under Government Code Section 87200 shall file the required Statement of Economic Interests (Form 700) electronically to the Fair Political Practices Commission (FPPC) through the FPPC’s electronic filing system.
BE IT FURTHER RESOLVED that the effective date of this amendment shall be the date this Resolution is adopted by the City Council and approval of this Resolution supersedes and repeals Resolution No. 86-2024, which approved the last Conflict of Interest amendment.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 28th day of September 2026, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
Christine Boles, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney Pacifica City Council 8
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CITY OF PACIFICA
ADMINISTRATIVE POLICY
No.
26 STATEMENT OF ACTIVITIES THAT ARE
INCONSISTENT, INCOMPATIBLE OR IN
CONFLICT WITH DUTIES AS A CITY EMPLOYEE
DATES REVISED:
09/28/2026;
09/23/2024;
09/26/2022
DATE ISSUED:
11/1998
PURPOSE:
It is the purpose of this policy to set forth the minimum ethical standards that are to be followed by all City employees. These standards are intended to avoid activities that may result in using a public office or employment for private gain, to maintain public confidence in the City by prohibiting activities that might permit opportunity for personal gain, and to identify activities which are inconsistent, incompatible, or in conflict with the duties of a City employee pursuant to Government Code Section 1126.
POLICY:
1. General Standards of Conduct
No official or employee of the City of Pacifica shall engage in any employment, activity or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a City officer or employee. The following activities are deemed inconsistent, incompatible, or in conflict with the duties of an official or employee of the City of Pacifica:
A. Using the prestige, influence, business card, peace officer powers, badge or uniform of the City of Pacifica for the employee’s or officer’s private gain or for the private gain of another.
B. Using City time, facilities, equipment or supplies for private gain.
C. Using confidential or inside information available by virtue of one’s City employment or office for private gain or for the private gain of another.
D. Receiving money or other consideration from anyone other than the City of Pacifica for performing an act that the officer or employee would be required or expected to render in the regular course or hours of his or her City employment, or as part of his or her duties as a City officer or employee.
E. Engaging in outside employment or activities which involve time demands which prevent the employee from devoting his or her full-time attention and efforts to his or her City employment during his or her hours of duty.
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F. Receiving or accepting, directly or indirectly, any gift, including money, discount in price or value, service, gratuity, favor, entertainment, loan or any other thing of value, from anyone who is doing business with, or which may reasonably be expected to do business with, the City of Pacifica under circumstances from which it reasonable could be substantiated that the gift was intended to influence the officer or employee in his or her official duties or was intended as a reward for any official actions performed by the officer or employee.
2. Specific Prohibited Activities
A. Real Estate Investment
One of the major functions of the City is the review and inspection of current development projects in the City. Certain City staff develop an intimate knowledge of development standards and processes in their role as a City employee reviewing private development projects and issuing development permits. These employees also develop a special knowledge of property in the City because of their duties and responsibilities in this program area.
The involvement of certain employees in certain property investment and transactions in the City could provide them with an unfair advantage over the general public in such matters because of their specialized knowledge and development review role. Although there may not be any legal conflict of interest, these employees may have a special advantage in such matters. Their involvement is also complicated by their role in the review and approval of development permits.
In order to insure that City employees do not use their positions to unfair advantage in property investments or transactions in the City, it shall be the policy of the City to prohibit designated employees from engaging in such activities while employed by the City. Employees prohibited from investment or property transactions in the City shall be the City Manager, the City Attorney, the Director of Community Development & Services, the Fire Marshal, the Director of the Department of Public Safety Police Chief, the Fire Chief, the Deputy Chief of the Fire Services Division of the Department of Public Safety, Deputy Fire Chief, the Deputy Chief of Police Services of the Department of Public Safety, the Crime Prevention Officer, and planning, engineering and inspection staff involved in the development, review and inspection of development projects. All other City employees shall be prohibited from attempting to use City Staff to give them special information or an unfair advantage in private acquisition, rental or improvement of an employee’s personal residence shall be excluded from this policy prohibition. An individual real estate investment or transaction by a designated employee may be permitted only with permission of the City Manager, or, in the case of the City Manager, with permission of the City Council, after a determination that such an investment or transaction is not incompatible or in conflict with the employee’s official duties.
3. Cause for Discipline
Violation of any of the provisions of this policy may result in such disciplinary action as is warranted, which can include termination.
4. Appeal Procedure
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Employees and Department Directors are encouraged to resolve any differences of interpretation of this policy at the lowest level. Employees are encouraged to discuss prospective outside employment with their Department Director prior to accepting such employment. Employees bear full responsibility for assuring that they comply with Administrative Policy No. 26.
In the event an employee is notified that he or she has violated any provision of this policy, or that any outside employment is in violation of this policy, the employee may appeal in writing to the City Manager.
5. Scope of this Policy
The standards of conduct in this policy are in addition to any prescribed by state or local law, including the City of Pacifica’s Personnel Rules, departmental rules and regulations, and any applicable Memorandum of Understanding (“MOU”). In the event of any conflict between this policy and an MOU, the provisions of the MOU shall govern.
EXHIBIT A: Conflict of Interest Code
EXHIBIT B: Disclosure Categories