RESOLUTION NUMBER: 6482-2022
Resolution of the City of Sebastopol Approving
The Biennial Conflict of Interest Code Applicable to Designated Employees Pursuant to the Political Reform Act of 1974
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 which can be incorporated by reference in an agency’s code. After public notice and hearing Regulation 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 positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Sebastopol; and
WHEREAS, The Political Reform Act requires certain City officials, specified in section 87200 of the California Government Code, to file economic disclosure forms (‘Form 700”) and abstain from making or participating in making governmental decisions which have a reasonably foreseeable material effect on an economic interest; and WHEREAS, The Political Reform Act also requires the City to adopt a local conflict of interest code that enumerates specific City positions other than those specified in Government Code section 87200 which involve making or participating in making decisions which have a reasonably foreseeable material effect on an economic interest, and to designate for each position the specific types of investments, business positions, interests in real property and sources of income which are reportable based on the scope of the decision-making authority of the position; and
WHEREAS, The Political Reform Act requires local government agencies to adopt and promulgate a conflict of interest code, and to conduct a review of the code every two years; and WHEREAS, It requires every local government agency to review its conflict of interest code biennially to determine if it is accurate or, alternatively, that the code must be amended; and WHEREAS, In accordance with Government Codes 87306.5, at the June 21, 2022 City Council Meeting, the City Council directed the City Clerk and City Attorney to:
1) review the City of Sebastopol Conflict of Interest Code as it applies to designated employees, Planning Commission, Design Review Board, and consultants and
2) Return to the City Council with recommendations; and WHEREAS, City staff has reviewed the Code and found no amendments are required to be made to the Conflict of Interest Code at this time; and
WHEREAS, 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 WHEREAS, Attachment A to this resolution and a part of it, designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of Sebastopol; and
WHEREAS, Designated employees shall file statements of economic interests with the City Clerk who will
make the statements available for public inspection and reproduction. (Gov. Code, § 81008.) Statements for all designated employees will be retained by the City Clerk; and WHEREAS, The City Clerk shall make and retain a copy of all statements filed by the Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, and filed with the Fair Political Practices Commission.
All officials and designated positions required to submit a statement of economic interests shall receive ethics training 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 and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records are public records subject to disclosure under the California Public Records Act.
NOW, THEREFORE, BE IT RESOLVED, that the City of Sebastopol City Council has determined that Code is approved as listed in Attachment A and all resolutions previous to or in conflict with this resolution are hereby rescinded.
The above and foregoing Resolution was duly passed, approved, and adopted at a meeting by the City Council on the 18th day of October, 2022.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by City of Sebastopol City Council following a roll call vote:
VOTE:
Ayes: Councilmembers Glass, Gurney, Rich, Vice Mayor Hinton and Mayor Slayter Noes: None
Absent: None
Abstain: None
APPROVED:
Mayor Patrick Slayter
ATTEST: ______________________________
Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM:
Larry McLaughlin, City Attorney
Attachment A
APPENDIX A
CITY OF SEBASTOPOL
CONFLICT OF INTEREST CODE
The persons occupying the following positions are designated employees for the purposes of this Conflict of Interest Code and shall disclose their financial interests in accordance with the disclosure categories set forth herein and are required to submit Statements of Economic Interest Interests pursuant to the Political Reform Act of 1974.
The Mayor, Members of the City Council and 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(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200 et seq.
POSITION DISCLOSURE CATEGORY
Building Official 1
City Clerk/Assistant City Manager 1
City Engineer 1
Engineering Manager 1
Fire Chief 1
Planning Director 1
Police Chief 1
Public Works Superintendent 1
Traffic Engineer 1
Design Review Board 1
Successor Agency 1
Successor Agency to the Former Sebastopol Community 1
Development Agency (OVERSIGHT BOARD)
Consultants*
* Consultant means an individual who, pursuant to a contract with a State or local government agency:
Makes a governmental decision whether to:
(i) Approve a rate, rule or regulations;
(ii) Adopt or enforce a law; Issue, deny, suspend, or revoke any permit, license, application, certificate, approval order, or similar authorization or entitlement;
(iii) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
(iv) Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract;
(v) Grant agency approval to a plan, design, report, study or similar item; (vi) Adopt, or grant agency approval of policies, standards, or guidelines for the agency, or for any subdivision thereof; or Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in regulation 18702.2 or 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 under Government Code Section 87302.
Consultants 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 may determine in writing that a particular consultant, although a ‘designated position” is hired to perform a range of duties that is limited in scope and thus is 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 extend 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 this conflict of interest code.
APPENDIX B
CITY OF SEBASTOPOL
CONFLICTOFINTERESTCODE
DISCLOSURE CATEGORIES
All designated employees shall disclose their financial interests in accordance with the categories set forth in Appendix “A”
The disclosure category listed below identifies 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 City.
Category 1:
Persons designated in this category shall disclose: All investments, business positions in, and income from sources located in or doing business in the jurisdiction. Interests in real property located in the jurisdiction, including property located within a two-mile radius of the jurisdiction or of any property owned by used by the agency.
Income shall include gifts, loans) and travel payments. All sources of income, including investments, gifts, loans and travel payments as defined in Government Code Section 82030, or as amended.