CONFLICT OF INTEREST CODE
OF THE
CITY OF SAN CLEMENTE
CONFLICT OF INTEREST CODE
OF THE
CITY OF SAN CLEMENTE
(Amended September 17, 2024)
The Political Reform Act (Gov. Code § 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 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code that can be incorporated by reference in an agency’s code. After public notice and a hearing, Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. 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. This incorporation page, Regulation 18730 and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of San Clemente (the "City").
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by such officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training every two years as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF SAN CLEMENTE
(Amended September 17, 2024)
PART “A”
The Mayor, Members of the City Council and the Planning Commission, the City Manager, the City Attorney, the City Treasurer, and All Other City Officials who manage public investments, as defined by 2 Cal. Code of Regs. §18700.3, are NOT subject to the City’s Code but must file disclosure statements under Government Code Sections 87200 et seq. [Regs. § 18730(b)(3).]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments. These positions are listed here for informational purposes only.
Investment Advisory Committee
Investment Consultant
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
Assistant to the City Manager 1, 2
Administrative Services Director 1, 2
Assistant Utilities Manager 5
Assistant City Engineer 5
Associate Civil Engineer 2, 3, 5, 6
Beaches, Parks and Recreation Director 5
Building Inspector (ALL) 2, 3, 6
Building Official 2, 3, 5, 6
Chief Administrative Officer/ACM 1, 2
Chief of Police Services 5
City Clerk 5
City Fire Chief 5
City Planner 2, 3, 5, 6
Contract Coastal Administrator 5
Code Compliance Manager 2, 5, 6
Community Development Director 1, 2
Deputy Administrative Services Director 1, 2
Deputy Community Development Director 2, 3, 5, 6
Deputy Public Works Director 2, 3, 5, 6
Economic Development Officer 1, 2
Environmental Programs Supervisor 5
Financial Services Officer 4
Golf Course Manager 5
Human Resources Manager 4
Information Technology Manager 5
Legislative Administrator 5, 8
Maintenance Manager 5
Maintenance Operations Supervisor 5
Marine Safety Captain 5, 6
Principal Civil Engineer 1, 2
Principal Civil Engineer/Asset Manager 1, 2
Principal Planner 2, 3, 5, 6
Public Works Director/City Engineer 1, 2
Risk Management/Human Resources Officer 5, 8
Senior Civil Engineer 1, 2
Management Analyst, II 2, 3, 5
Senior Plan Check Engineer 2, 3, 6
Senior Planner 2, 3, 6
Systems Applications Analyst 5
Transportation Engineering Manager 1, 2
Utilities Director 5
Utilities Maintenance Supervisor 5
Utilities Manager 5
Utilities Operations Supervisor (ALL) 5
Utilities Superintendent 5
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS
Arts & Culture Committee 2, 3, 5
Beaches, Parks and Recreation Commission 2, 3, 5
Coastal Advisory Committee 2, 3, 5
Golf Course Committee 5
Human Affairs Committee 5
Consultants and New Positions*
*Individuals serving as a consultant as defined in FPPC Reg. 18700.3 or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code § 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code § 81008.) PART “B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned. “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the District.
Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments.
Category 2: All interests in real property that is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3: All investments and business positions in business entities, 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.
Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.
Category 6: All investments and business positions in business entities, 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.
Category 7: All investments and business positions in business entities, and sources of 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 or its subdivisions.
Category 8: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, if such entities or sources have filed claims against the City in the past two years, or have a claim pending before the City.
Category 9: All interests in real property, and all investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the geographical area of, and within two miles of, the designated position’s assigned advisory area. -1- BBK – February 2004
55452.01200\34203609.355452.01200\34203609.3
55452.01200\34203609.3
55452.01200\34203609.3
App. A-1
55452.01200\34203609.355452.01200\34203609.3
55452.01200\34203609.3
55452.01200\34203609.3
App. A-1
App. B-2
Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1.)
LAW OFFICES OF
BEST BEST & KRIEGER LLP
Exhibit A
DESIGNATED EMPLOYEES’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED