September 15, 2026, Item #8
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
September 15, 2026
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]
Resolution Amending the City's Local Conflict of Interest Code
CITY COUNCIL
The Political Reform Act requires every local government agency to adopt and promulgate a Local Conflict of Interest Code to provide for the filing of Statement of Economic Interests Form 700 by designated employees of the City. In accordance with Government Code section 87306.5, at the June 16, 2026 City Council meeting, Council directed staff to review the City's Conflict of Interest Code for possible amendments to reflect any added, changed or deleted positions since the last Local Conflict of Interest Code was adopted on November 19, 2024. The attached Resolution amends Exhibit A of the City's Conflict of Interest Code to address personnel changes.
Recommended Action:
It is recommended the City Council adopt the Resolution amending the City's Conflict of Interest Code in accordance with Government Code Sections 87300 through 87314.
Discussion:
The City's Local Conflict of Interest Code (Code) adopts the standardized Fair Political Practices Commission's (FPPC) Conflict of Interest Code and any future amendments promulgated by the California Code of Regulations, Title 2, Section 18730. The Code designates positions required to file a Statement of Economic Interests, also known as Form 700, and assigns disclosure categories to those positions specifying the types of interests to be reported to help determine if any disqualifications exist in making or participating in making decisions on behalf of the City which may have an influence on their financial interests.
The Political Reform Act requires local government agencies to review its Local Conflict of Interest Code every even-numbered year to ensure it is accurate and current. In accordance with Government Code section 87306.5, at the June 16, 2026 City Council meeting, Council directed staff to review the City's Conflict of Interest Code for possible amendments to reflect any added, changed or deleted positions since the last Conflict of Interest Code adoption. 1 of 11
September 15, 2026, Item #8
City staff reviewed the City's current Conflict of Interest Code and determined the list of designated positions must be updated. Exhibit A of the attached resolution represents the list of "designated employees" required to file Statement of Economic Interests Form 700. The proposed amendments reflect changes to position titles, positions that no longer exist, and the addition of new positions meeting the definition of a "designated employee" since the adoption of the last Local Conflict of Interest Code on November 19, 2024. The Political Reform Act defines a "designated employee" as an officer, employee or consultant whose position entails the making or participating in the making of governmental decisions that may foreseeably have a material effect on any financial interest. Exhibit B of the attached resolution defines the various categories offinancial interests that must be disclosed and are assigned to a particular "designated employee" based upon their respective job duties. There are no proposed changes to these categories. The revised exhibits make up the appendix to the City's Local Conflict of Interest Code and must be adopted by resolution by the code reviewing body. The City Council serves as the code reviewing body for the City of Poway's Local Conflict of Interest Code.
A strike-out version of the updated Conflict of Interest Code is provided for review as Attachment B.
It should be noted that positions listed in Government Code Section 87200 (i.e. Mayor, City Councilmembers, City Manager, City Attorney and City Treasurer) are not considered "designated employees." These positions are identified and required to file Form 700 pursuant to Government Code Sections 87200 through 87210 with the Fair Political Practices Commission.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Resolution Amending the City's Conflict of Interest Code B. Strikeout version of Conflict of Interest Code
Tracy Stevens
Assistant City Manager
2 of 11
Reviewed By:
Alan Fenstermacher
City Attorney
September 15, 2026, Item #8
3 of 11
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ADOPTING AN AMENDED CONFLICT
OF INTEREST CODE UPDATING DESIGNATED EMPLOYEES
AND OFFICERS AND REPEALING RESOLUTION NO. 24-067
WHEREAS, the Political Reform Act (Government Code section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes designating employees and what financial interests must be disclosed by those employees, and prohibiting the participation by such employees in decisions in which they have a financial interest;
WHEREAS, the Fair Political Practices Commission (FPPC) 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. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act;
WHEREAS, the City Council has heretofore adopted, as the Conflict of Interest Code of the City of Poway (the "City Code"), the model conflict of interest code set forth in California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission;
WHEREAS, the Appendix to the City Code attached hereto as "Exhibit A" (in which officials and employees are designated) and "Exhibit B" (in which disclosure categories are set forth), which may be modified by City Council from time to time, and all of which together does constitute the Conflict of Interest Code for the City of Poway; WHEREAS, individuals holding designated positions shall file their statements of economic interests with the City Clerk, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). Upon receipt of filing from the Fair Political Practices Commission, the City Clerk shall retain copies for the Mayor, Councilmembers, City Manager, City Treasurer and the City Attorney. All other statements will be retained by the City Clerk.
WHEREAS, the City Council has designated those positions that are subject to the reporting requirements of the Code;
WHEREAS, the Political Reform Act requires the City to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively that the code must be amended; and WHEREAS, it is necessary to amend the City's Conflict of Interest Code to reflect the deletion and addition of certain City positions.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: That the above recitals are true and correct.
ATTACHMENT A
September 15, 2026, Item #8
4 of 11
Resolution No. 26-
SECTION 2: That the standard FPPC Conflict of Interest Code, as set forth in Title 2 California Code of Regulations Section 18730, and as may be amended from time to time by the FPPC, is incorporated by reference and constitutes the Conflict of Interest Code for the City of Poway.
SECTION 3: That the list of designated positions subject to the requirements of the Conflict of Interest Code are amended as set forth in "Exhibit A" and their respective disclosure categories are set forth in "Exhibit B".
SECTION 4: That the City of Poway has conducted the 2026 Biennial review of its Conflict of Interest Code, as required by the Political Reform Act, and as a result of the biennial review determined the need for an amended Conflict of Interest Code as presented in this Resolution.
SECTION 5: That Resolution No. 24-067 is hereby repealed.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of September, 2026 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
September 15, 2026, Item #8
EXHIBIT A
Resolution No. 26-
APPENDIX TO THE CITY OF POWAY CONFLICT OF INTEREST CODE:
DESIGNATED POSITIONS
City Employees Position/Title Disclosure Category
Accountant 1, 2
Assistant City Manaqer 1, 2
Assistant Director of Finance Operations 1, 2
Assistant Director of Public Works -Operations 1, 2
Assistant Director of Public Works -Utilities 1, 2
Assistant Enqineer 2, 3,4, 5
Assistant Planner 2, 3,4, 5
Associate Civil Engineer 2, 3,4, 5
Associate Enqineer 2, 3,4, 5
Associate Planner 2, 3,4, 5
City Clerk 1, 2
City Enqineer 1, 2
City Planner 2, 3,4, 5
Code Compliance Officer 2, 3,4, 5
Community Outreach Coordinator 2, 3,4, 6
Construction Maintenance Supervisor 2, 3,4,6
Contract Specialist/Inspector 2, 3,4, 6
Customer Services Specialist 2, 3,4, 6
Deputy City Attorney 1, 2
Deputy City Clerk 1, 2
Deputy Fire Chief 2, 3,4, 5
Deputy Fire Marshal 2, 3,4, 5
Director of Community Services 1, 2
Director of Development Services 1, 2
Director of Finance / Treasurer Unlimited Disclosure
Director of Human Resources & Risk Management 1, 2
Director of Public Works 1, 2
Emerqency Preparedness Proqram Manaqer 2, 3,4, 6
Facilities Maintenance and Special Districts Supervisor 2, 3,4,6 Finance Manager 1, 2
Fire Battalion Chief 2, 3,4, 5
Fire Chief 1, 2
Fire Inspector 2, 3,4, 5
Fleet Maintenance Supervisor 3,6
GIS Administrator 3,4, 6
Information Technology Analyst 3,4,6
Information Technoloqy Manaqer 3,4, 6
Manaqement Analyst 2, 3,4, 6
Management Assistant 2, 3,4, 6
5 of 11
September 15, 2026, Item #8
City Employees Position/Title
Network and Computer Systems Administrator
Network and Computer Systems Analyst
Parks Maintenance Supervisor
Parks and Trails Area Manager
Payroll Analyst
Principal Civil Engineer
Principal Civil Engineer -Utilities
Principal Financial Analyst
Principal Planner
Public Works Operations Manager
Recreation Area Manager
Recreation Supervisor
Revenue and Operations Manager
Revenue and Operations Supervisor
SCADA, Electrical, Instrumentation, and Controls Supervisor Senior Accountant
Senior Accounting Technician
Senior Civil Engineer
Senior Code Compliance Officer
Senior Fire Inspector
Senior Human Resources Analyst
Senior Management Analyst
Senior Planner
Special Projects Engineer
Utilities Administrator
Utility Systems Supervisor
Warehouse Associate
Wastewater Utilities Supervisor
Water Treatment Plant Manager
Water Utilities Distribution Supervisor
Boards, Committees, & Commissions
Budget Review Committee
Parks & Recreation Advisory Committee
*Poway Housing Authority
*Public Financing Authority
*Successor Agency to the Poway Redevelopment Agency
Resolution No. 26-
Disclosure Category
3,4, 6
3,4,6
4, 6
2, 3,4, 6
1, 2
2, 3,4, 5
2, 3,4, 5
1, 2
2, 3,4, 5
2, 3,4, 6
2, 3,4,6
2, 3,4,6
2, 3 ,4, 6
2, 3,4,6
2, 3,4,6
1, 2
1, 2
2, 3,4, 5
2,3,4,5
2, 3,4, 5
2, 3,4,6
2, 3,4,6
2, 3,4, 5
2, 3,4, 5
2, 3,4,6
2, 3,4, 6
3, 5
2, 3,4, 6
2, 3,4, 6
2, 3,4,6
Disclosure Category
1, 2
1, 2
Unlimited disclosure
Unlimited disclosure
Unlimited disclosure
Mayor and Councilmembers hold the positions on the Authorities and Agency marked by * Consultants
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitation:
6 of 11
September 15, 2026, Item #8
Resolution No. 26-
The City Manager or his or her designee, may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that are limited in scope and thus not required to fully comply with the disclosure requirements described in this Section.
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's determination is a public record and shall be retained for public inspection in the same manner and location as the Conflict of Interest Code.
Statutory Filers; Officials Who Manage Public Investments It has been determined that the positions listed below are either officials specifically required to file statements of economic interests or are officials who manage public investments, as that term is defined in 2 California Code of Regulations, Section 18701 (b). These officials will file a Statement of Economic Interests (Form 700, all schedules) without any limitation as to disclosure categories (GC § 87200 et seq.):
General Provisions
Mayor
Members of the City Council
City Manager
City Attorney
City Treasurer
All designated employees required to submit an initial Statement of Financial Interest shall file the original with the City Clerk within thirty (30) days after the effective date of this Resolution. Initial statements shall cover the period of the twelve (12) months prior to the date of the adoption of this Conflict of Interest Code.
All individuals appointed, promoted, or transferred to a designated position shall file statements within thirty (30) days of assuming office. These "assuming office" statements cover the period of the twelve (12) months prior to the date of assuming office.
Annual statements shall be filed with the City Clerk by April 1 of each year by all designated employees. Such statements shall cover the period of the preceding calendar year.
Every designated employee who leaves office shall file, within thirty (30) days of leaving office, a statement disclosing financial interests held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office.
Any employee serving in dual roles may file a combined statement by reporting according to their broadest range of disclosure.
Failure to file the required statement in a timely fashion may result in the imposition of administrative, criminal, and civil sanctions as provided in Government Code sections 81000- 91014.
7 of 11
September 15, 2026, Item #8
EXHIBIT B
Resolution No. 26-
When a designated employee is required to disclose investments, business positions and sources of income, he or she 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 within the jurisdiction. When a designated employee is required to disclose interests in real property, he or she need only disclose real property other than his principal residence, 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 Exhibit "A".
DISCLOSURE CATEGORIES
8 of 11
1. All investments, business positions and sources of income including gifts, loans and travel payments.
2. All interests in real property within the jurisdiction of the City.
3. All investments, business positions and sources of income including gifts, loans and travel payments subject to the regulatory, permit or licensing authority of the Designated Employee's department, unit or division.
4. All investments, business positions and sources of income including gifts, loans and travel payments that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.
5. All investments, business positions and sources of income including gifts, loans and travel payments that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
6. All investments, business positions and sources of income including gifts, loans and travel payments that provide services, supplies, materials, machinery or equipment of a type purchased or leased by the Designated Employee's department, unit or division.
September 15, 2026, Item #8
APPENDIX TO THE CITY OF POWAY CONFLICT OF INTEREST CODE:
DESIGNATED POSITIONS
City Employees Position/Title Disclosure Category
Accountant 1, 2
Assistant City Manaqer 1, 2
Assistant Director of Finance Operations 1, 2
Assistant Director of Public Works -Operations 1, 2
Assistant Director of Public Works -Utilities 1, 2
Assistant Enqineer 2, 3,4, 5
Assistant Planner 2, 3,4,5
Associate Civil Engineer 2, 3,4, 5
Associate Enqineer 2, 3,4, 5
Associate Planner 2, 3,4, 5
City Clerk 1, 2
City Enqineer 1, 2
City Planner 2, 3,4, 5
Code Compliance Officer 2, 3,4, 5
Community Outreach Coordinator 2, 3,4, 6
Construction Maintenance Supervisor 2, 3,4, 6
Contract SpecialisUI nspector 2, 3,4,6
Customer Services Specialist 2, 3,4,6
Deputy City Attorney 1, 2
Deputy City Clerk 1, 2
Deputy Fire Chief 2, 3,4, 5
Deputy Fire Marshal 2, 3,4, 5
Director of Community Services 1, 2
Director of Development Services 1, 2
Director of Finance / Treasurer Unlimited Disclosure
Director of Human Resources & Risk Management 1, 2
Director of Public Works 1, 2
Emerqency Preparedness Proqram Manaqer 2, 3,4, 6
Facilities Maintenance and Special Districts Supervisor 2, 3,4, 6 Finance Manager 1, 2
Fire Battalion Chief 2,3,4,5
Fire Chief 1, 2
Fire Inspector 2, 3,4, 5
Fleet Maintenance Supervisor 3,6
GIS Administrator 3,4, 6
/'"'IC'/\-I
~ --.. --
Information Technoloqy Analyst 3,4, 6
Information Technology Manager 3,4, 6
Management Analyst 2, 3,4, 6
9 of 11 ATTACHMENT B
September 15, 2026, Item #8
City Employees Position/Title Disclosure Category
Management Assistant 2, 3,4, 6
Network and Computer Systems Administrator 3,4, 6
Network and Computer Systems Analyst 3,4,6
Parks Maintenance Supervisor 4,6
Parks and Trails Area Manager 2, 3,4, 6
Payroll Analyst 1, 2
Principal Civil Enqineer 2, 3,4, 5
Principal Civil Engineer -Utilities 2, 3,4, 5
Principal Financial Analyst 1, 2
Principal Planner 2, 3,4, 5
Public Works Operations Manaqer 2, 3,4, 6
Recreation Area Manager 2, 3,4,6
Recreation Supervisor 2, 3,4, 6
Revenue and Operations Manager 2, 3,4, 6
Revenue and Operations Supervisor 2, 3,4,6
SCADA, Electrical, Instrumentation, and Controls Supervisor 2, 3,4,6 Senior Accountant 1, 2
Senior Accountinq Technician 1, 2
Senior Civil Engineer 2, 3,4, 5
Senior Code Compliance Officer 2, 3,4, 5
Senior Fire Inspector 2, 3,4, 5
Senior Human Resources Analyst 2, 3,4,6
Senior Management Analyst 2,3,4,6
Senior Planner 2, 3,4, 5
Special Projects Enqineer 2, 3,4,5
Utilities Administrator 2, 3,4, 6
Utility Systems Supervisor 2, 3,4,6
Warehouse Associate 3, 5
Wastewater Utilities Supervisor 2, 3,4, 6
Water Treatment Plant Manaqer 2, 3,4,6
Water Utilities Distribution Supervisor 2, 3,4, 6
Boards, Committees, & Commissions Disclosure Category
Budget Review Committee 1, 2
Parks & Recreation Advisorv Committee 1, 2
*Poway Housinq Authority Unlimited disclosure
*Public Financing Authority Unlimited disclosure
*Successor Agency to the Poway Redevelopment Agency Unlimited disclosure Mayor and Councilmembers hold the positions on the Authorities and Agency marked by * Consultants
10 of 11
September 15, 2026, Item #8
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitation:
The City Manager or his or her designee, may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that are limited in scope and thus not required to fully comply with the disclosure requirements described in this Section.
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's determination is a public record and shall be retained for public inspection in the same manner and location as the Conflict of Interest Code.
11 of 11