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1AApproved ❑ Conditionally Approved ❑ Denied dMderfs Sign ure
Council Meeting Dater March 20, 2006 Departme t D Number: CA 05-07
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBMITTED BY: JENNIFER MCGRAc�it Attorney
PREPARED BY: JENNIFER MCGRAT , y Attorney
SUBJECT: Adopt Resolution No. 0 — revising the Conflict of Interest Code
pertaining to designated employees and officials
Statement ofissue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: State law mandates that the City adopt a Conflict of Interest Code
requiring designated employees and members of City boards, commissions and committees
to file a Statement of Economic Interest.
Funding Source: None.
Recommended Action: Adopt Resolution No,?AD6-& A Resolution of the City Council of
the City of Huntington Beach, California Amending its Conflict of Interest Code.
Alternative Action(s): The Council can change the list of designated employees, boards
commissions, and committees (Exhibit B to the Resolution) by adding or deleting titles.
However, adoption of a revised Conflict of Interest Code is mandated by state law.
Analysis: The City's code does not apply to the City Council, Planning Commission,
City Treasurer, and City Attorney, among others, all of whom are required to file such
Statements pursuant to State law. The City code applies only to those designated by the
n so designated are required to file a Statement upon assuming their
Council. Perso s des
9 q p 9
position, an annual statement each April 1, and a Statement upon leaving their position. The
code requires such persons to disqualify themselves from participating in decisions or
influencing decisions in which they have a conflict. The City's Conflict of Interest Code was
most recently amended in 1998. Since then, employee job titles and descriptions have been
added, deleted and changed and it is necessary to update the Code. Designated employees
and boards, commissions and committees are shown on Exhibit "B" to the resolution.
REQUEST FOR ACTION
MEETING DATE: March 20, 2006 DEPARTMENT ID NUMBER: CA 05-07
Additionally, on June 20, 2005, the City Council approved an H-Item, which directed the City
Attorney to address the issue of mandatory filers and report those findings to the Council.
The list of filers has been revised to include only those boards or commissions that exercise
land use review, (Board of Appeals, DRB) make recommendations relating to the investment
of public funds (Investment Advisory Board) or as required by contract with the City (Visitors
and Conference Bureau).
Staff continues to review all employee positions for inclusion or removal from the list, and the
City Attorney staff will be presenting training sessions for all filers during the month of March
2006.
Environmental Status: N/A
Attachment
(s):
City Clerk's
Page Number No. Description
1 Resolution No. 4300 -/A A Resolution of the City Council
of the City of Huntington Beach, California Amending its Conflict of
Interest Code
RCA Author: PDA
G:\RCA\2006\06 conflict code.DOC -2- 3/6/06 8:57 AM
i
ATTACHMENT NO . 1
RESOLUTON NO. 2006-12
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING
ITS CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act (Government Code Section 8100 et seq.) requires state
and local government agencies to adopt and promulgate conflict of interest codes; and
The City of Huntington Beach has adopted a conflict of interest code by Resolutions 4459, 98-
19,and 2002-105, and now desires to amend the code; and
The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730)
which contains the terms of a standard conflict of interest code. After public notice and hearing it may
be amended by the Fair Political Practices Commission to conform to amendments in the Political
Reform Act,
NOW, THEREFORE, the City Council of the City of Huntington Beach hereby resolves as
follows:
SECTION 1. Regulation Section 18730. 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 attached hereto as Exhibit A. This regulation and the attached
Exhibit B designating officials and employees shall constitute the conflict of interest code of the City of
Huntington Beach.
SECTION 2. Filing of Statements. Designated officials and employees shall file their
statements with the City Clerk which will make the statements available for public inspection and
reproduction. (Gov. Code Section 81008.) Statements for all designated officials and employees will be
retained by the City Clerk.
SECTION 3. Designation of Positions. The persons holding the position set forth in Exhibit B
are designated officials and employees. The Council determines that such persons make or participate
in the making of decisions which may foreseeably have a material effect on any financial interest as
defined in Government Code Section 87103.
SECTION 4. Exclusions. This code shall not apply to:
(a) public officials specified in Government Code Section 87200, as is or may be
amended, including, but not limited to, members of the City Council, Planning Commissioners, the City
Administrator, City Attorney, City Treasurer, and other public officials who manage public investments
who are required to file Statements of Economic Interests pursuant to state law;
(b) persons required to file Statements of Economic Interests pursuant to regulations
which have been or may be adopted by the Fair Political Practices Commission;
(c) clerical, secretarial, manual, and ministerial employees.
06reso/conlictcode-06 I
Reso. No. 2006-12
SECTION 5. Disclosure Required. Designated officials and employees as set forth in Exhibit
B shall file conflict of interest statements listing financial interests as follows:
(a) investments and business positions in, and income from, business entities doing
business in the City or entities which have a foreseeable interest in doing business in the City, including
businesses responding to requests for proposals issued by the City, and businesses in contractual
negotiations with the City. Such designated officials and employees shall also report interests in real
property in the City or within two miles of the boundaries of the City or of any property owned or used
by the City.
SECTION 6. Disqualification. Designated officials and employees must disqualify
themselves from making or participating in the making of any decisions which will foreseeably have a
material financial effect, distinguishable from its effect on the public generally, on any reportable
interest of that employee. No designated employee shall be prevented from making or participating in
the making of a decision to the extent his or her participating is legally required for the decision to be
made.
SECTION 7. Manner of Disqualification. A designated employee required to disqualify
himself or herself shall notify his or her supervisor in writing. This notice shall be forwarded to the City
Clerk who shall record the employee's disqualification. Upon receipt of such statement, the supervisor
shall immediately reassign the matter to another employee.
In the case of a designated employee who is a member of a City board, commission or
committee, notice of disqualification shall be given at the meeting during which consideration of the
decision takes place and shall be made part of the official record of said board, commission, or
committee. The member shall then refrain from participating and shall attempt in no way to use his or
her official position to influence any other person with respect to the matter.
SECTION 8. Previous Resolutions Repealed. City Council Resolutions 4459, 98-19, and any
other Resolution or provision thereof in conflict herewith is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 2 0 t b day of March , 2006.
Mayor
APPROVED AS TO FORM:
CijyClerk dity Atto ey 3���Oto
REVIEWED AND APPROVED: INITIATED AND APPROVED:
!City Adiinistrator ity Atto ey 3�S1oG
06reso/conlict code-06 2
EXH I B-IT A
BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 2. ADMINISTRATION
DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION
CHAPTER 7. CONFLICTS OF INTEREST
ARTICLE 2. DISCLOSURE
This database is current through 02/10/2006, Register 2006, No. 6.
s 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and
the formulation of disclosure categories in the Appendix referred to below constitute the adoption and
promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the
amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms
of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended
or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent
to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et
seq. The requirements of a conflict of interest code are in addition to other requirements of the Political
Reform Act, such as the general prohibition against conflicts of interest contained in Government Code
section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation
are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices
Commission (2 Cal. Code of Regs. sections 18100, et seq.), and any amendments to the Act or regulations,
are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees.
The persons holding positions listed in the Appendix are designated employees. It has been determined that
these persons make or participate in the making of decisions which may foreseeably have a material effect
on economic interests.
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified
in Government Code section 87200 if they are designated in this code in that same capacity or if the
geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which
those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform
Act, Government Code sections 87200, et seq
In addition, this code does not establish any disclosure obligation for any designated employees who are
designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of
the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of
chapter 7 of the Political Reform Act, Government Code section 87200; and
(C) The filing officer is the same for both agencies. [FN1]
Such persons are covered by this code for disqualification purposes only. With respect to all other designated
employees, the disclosure categories set forth in the Appendix specify which kinds ofeconomicinterests are
reportable. Such a designated employee shall disclose in his or her statement of economic interests
thoseeconomicinterests he or she has which are of the kind described in the disclosure categories to which he
or she is assigned in the Appendix. It has been determined that theeconomicinterests set forth in a
designated employee's disclosure categories are the kinds ofeco nom ici nte rests which he or she foreseeably
can affect materially through the conduct of his or her office.
(4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of
economic interests with the agency or with the code reviewing body, as provided by the code reviewing body
in the agency's conflict of interest code. [FN2]
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the effective date of this code,
as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30
days after the effective date of this code. Thereafter, each person already in a position when it is designated
by an amendment to this code shall file an initial statement within 30 days after the effective date of the
amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the effective date of this
code shall file statements within 30 days after assuming the designated positions, or if subject to State
Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than April 1.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30
days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice
provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or
left office, provided he or she did not make or participate in the making of, or use his or her position to
influence any decision and did not receive or become entitled to receive any form of payment as a result of
his or her appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do
both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of perjury that during the period
between appointment and resignation he or she did not make, participate in the making, or use the position
to influence any decision of the agency or receive, or become entitled to receive, any form of payment by
virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions
held on the effective date of the code and income received during the 12 months prior to the effective date of
the code.
8 Contents of Assuming Office Statements.
( ) 9
Assuming office statements shall disclose any reportable investments, interests in real property and business
positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on
the date of nomination, and income received during the 12 months prior to the date of assuming office or the
date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in
real property, income and business positions held or received during the previous calendar year provided,
however, that the period covered by an employee's first annual statement shall begin on the effective date of
the code or the date of assuming office whichever is later, or for a board or commission member subject to
Government Code section 87302.6, the day after the closing date of the most recent statement filed by the
member pursuant to 2 Cal. Code Regs. section 18754.
D Contents of Leaving Office Statements.
( ) 9
Leaving office statements shall disclose reportable investments, interests in real property, income and
! during he period between the closing date of the last statement filed and
business positions held or received du g t p g
the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices
Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property [FN3] is required to be reported, [FN4] the statement
shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a general description of the
business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
f h investment or interest in real property equals or exceeds
4. A statement whether the fair market value o the es p p y q
two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand
dollars ($100,000), or exceeds one million dollars ($1,000,000).
(B) Personal Income Disclosure. When personal income is required to be reported, [FN5] the statement shall
contain:
1. The name and address of each source of income aggregating five hundred dollars ($500) or more in value,
or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business
activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest
amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars
($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars
($100,000);
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through
which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the
gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of
the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole
proprietorship, is required to be reported, [FN6] the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
2. The name of every person from whom the business entity received payments if the filer's pro rata share of
gross receipts from such person was equal to or greater than ten thousand dollars ($10,000).
(D) Business Position Disclosure. When business positions are required to be reported, a designated
employee shall list the name and address of each business entity in which he or she is a director, officer,
partner, trustee, employee, or in which he or she holds any position of management, a description of the
business activity in which the business entity is engaged, and the designated employee's position with the
business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an
investment or an interest in real property was partially or wholly acquired or disposed of during the period
covered byrthe statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government
agency, shall accept any honorarium from any source, if the member or employee would be required to
report the receipt of income or gifts from that source on his or her statement of economic interests. This
section shall not apply to any part-time member of the governing board of any public institution of higher
education, unless the member is also an elected official
Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this
section.
This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging
and subsistence authorized by Government Code section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of$360.
(A) No member of a state board or commission, and no designated employee of a state or local government
agency, shall accept gifts with a total value of more than $360 in a calendar year from any single source, if
the member or employee would be required to report the receipt of income or gifts from that source on his or
her statement of economic interests. This section shall not apply to any part-time member of the governing
board of any public institution of higher education, unless the member is also an elected official.
Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this
section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her election to
office through the date that he or she vacates office, receive a personal loan from any officer, employee,
member, or consultant of the state or local government agency in which the elected officer holds office or
over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e),
(f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal
loan from any officer, employee, member, or consultant of the state or local government agency in which the
public official holds office or over which the public official's agency has direction and control. This subdivision
shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of his or her election to
office through the date that he or she vacates office, receive a personal loan from any person who has a
contract with the state or local government agency to which that elected officer has been elected or over
which that elected officer's agency has direction and control. This subdivision shall not apply to loans made
by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit
card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on
terms available to members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e),
(f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal
loan from any person who has a contract with the state or local government agency to which that elected
officer has been elected or over which that elected officer's agency has direction and control. This subdivision
shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part
of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the
lender's regular course of business on terms available to members of the public without regard to the elected
officer's official status. This subdivision shall not apply to loans made to a public official whose duties are
solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-
law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such
persons, provided that the person making the loan is not acting as an agent or intermediary for any person
not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time.
4. Loans made, or offered in writing, before January 1, 1998.
(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from
the date of his or her election to office through the date he or she vacates office, receive a personal loan of
five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the
loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date
or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest
paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother,
sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse
of any such person, provided that the person making the loan is not acting as an agent or intermediary for
any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government
Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become
a gift to the designated employee for the purposes of this section in the following circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action
for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the
In addition to the general disqualification provisions of section 9, no state administrative official shall make,
participate in making, or use his or her official position to influence any governmental decision directly
relating to any contract where the state administrative official knows or has reason to know that any party to
the contract is a person with whom the state administrative official, or any member of his or her immediate
family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public,
regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members of the public
regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more.
(10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that he or she should not make a governmental decision because
he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of
the disqualifying interest.
(11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of his or her duties under this code may request assistance from the
Fair Political Practices Commission pursuant to Government Code section 83114 and 2 Cal. Code Regs.
sections 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section
requires the attorney for the agency to issue any formal or informal opinion.
(12) Section 12. Violations.
This code has the force and effect of law. Designated employees violating any provision of this code are
subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government
Code sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification
provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void
pursuant to Government Code section 91003.
[FN1] Designated employees who are required to file statements of economic interests under any other
agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of
economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded
statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such
expanded statement filed in place of an original is signed and verified by the designated employee as if it
were an original. See Government Code section 81004.
[FN2] See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing
officers and persons in agencies who make and retain copies of statements and forward the originals to the
filing officer.
[FN3] For the purpose of disclosure only (not disqualification), an interest in real property does not include
the principal residence of the filer.
[FN4] Investments and interests in real property which have a fair market value of less than $2,000 are not
investments and interests in real property within the meaning of the Political Reform Act. However,
investments or interests in real property of an individual include those held by the individual's spouse and
dependent children as well as a pro rata share of any investment or interest in real property of any business
entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect
or beneficial interest of 10 percent or greater.
[FN5] A designated employee's income includes his or her community property interest in the income of his
or her spouse but does not include salary or reimbursement for expenses received from a state, local or
federal government agency.
[FN6] Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the
filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of
following:
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($100) or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty
dollars ($250) during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has
taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor,based
on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a
creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the
decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government
Code.
(9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use his or her official
position to influence the making of any governmental decision which he or she knows or has reason to know
will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public
generally, on the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth two
thousand dollars ($2,000) or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth two thousand
dollars ($2,000) or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the
regular course of business on terms available to the public without regard to official status, aggregating five
hundred dollars ($500) or more in value provided to, received by or promised to the designated employee
within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee,
or holds any position of management; or
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $360 or more
provided to, received by, or promised to the designated employee within 12 months prior to the time when
the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the
extent his or her participation is legally required for the decision to be made. The fact that the vote of a
designated employee who is on a voting body is needed to break a tie does not make his or her participation
legally required for purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.
persons who are clients or customers of a business entity is required only if the clients or customers are
within one of the disclosure categories of the filer.
<General Materials (GM) - References, Annotations, or Tables>
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302,
89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register
80, No. 14) . Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29) .
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day
thereafter (Register 81, No. 2)
4 . Amendment of subsection (b) (7) (B) 1. filed 1-26-83; effective thirtieth day
thereafter (Register 83, No. 5) .
5. Amendment of subsection (b) (7) A filed 11-10-83; effective thirtieth day
thereafter (Register 83, No. 46) .
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16,) .
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register
88, No. 46) .
8. Amendment of subsections (b) (8) (A) and (b) (8) (B) and numerous editorial
changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42) .
9. Amendment of subsections (b) (3) , (b) (8) and renumbering of following
subsections and amendment of Notefiled 8-7-92; operative 9-7-92 (Register 92,
No. 32) .
10. Amendment of subsection (b) (5.5) and new subsections (b) (5.5) (A) - (A) (2)
filed 2-4-93; operative 2-4-93 (Register 93, No. 6) .
11. Change without regulatory effect adopting Conflict of Interest Code for
California Mental Health Planning Council filed 11-22-93 pursuant to
titlel, section 100, California Code of Regulations (Register 93, No. 48) .
Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code
for California Mental Health Planning Council as chapter 62, section 55100
filed 1-4-94 pursuant to
title 1, section 100, California Code of Regulations (Register 94, No. 1) .
13. Editorial correction adding Historyll and 12 and deleting duplicate section
number (Register 94, No. 17) .
14 . Amendment of subsection (b) (8) , designation of subsection (b) (8) (A) , new
subsection (b) (8) (B) , and amendment of subsections (b) (8. 1) - (b) (8.1) (B) ,
(b) (9) (E) and Notefiled 3-14-95; operative 3-14-95 pursuant to
GovernmentCode section 11343.4 (d) (Register 95, No. 11) .
15. Editorial correction inserting inadvertently omitted language in footnote
4 (Register 96, No. 13) .
16. Amendment of subsections (b) (8) (A) - (B) and (b) (8.1) (A) , repealer of
subsection (b) (8.1) (B) , and amendment of subsection (b) (12) filed 10-23-96;
operative 10-23-96 pursuant to Government Code section 11343.4 (d) (Register
96, No. 43) .
17. Amendment of subsections (b) (8.1) and (9) (E) filed 4-9-97; operative 4-9-97
pursuant to Government Code section 11343. 4 (d) (Register 97, No. 15) .
18 . Amendment of subsections (b) (7) (B) 5. , new subsections (b) (8.2)- (b) (8.4) (C)
and amendment of Notefiled 8-24-98; operative 8-24-98 pursuant to
GovernmentCode section 11343.4 (d) (Register 98, No. 35) .
19. Editorial correction of subsection (a) (Register 98, No. 47) .
20. Amendment of subsections (b) (8. 1) , (b) (8. 1) (A) and (b) (9) (E) filed 5-11-99;
operative 5-11-99 pursuant to Government Code section 11343.4 (d) (Register
99, No. 20) .
21. Amendment of subsections (b) (8. 1) - (b) (8 .1) (A) and (b) (9) (E) filed 12-6-
2000; operative 1-1-2001 pursuant to the 1974 version of
Government Codesection 11380.2 and Title 2, California Code of Regulations, section
18312 (d) and (e) (Register 2000, No. 49) .
22. Amendment of subsections (b) (3) and (b) (10) filed 1-10-2001; operative 2-1-
2001: Submitted to OAL for filing pursuant to Fair Political Practices
Commission v. Office of Administrative Law, 3 Civil C010924, California Court of
Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements) (Register 2001, No. 2) .
23. Amendment of subsections (b) (7) (A) 4. , (b) (7) (B) 1.-2., (b) (8.2) (E) 3.,
(b) (9) (A) - (C) and footnote 4. filed 2-13-2001 . Submitted to OAL for filing
pursuant to Fair Political Practices Commission v. Office of Administrative
Law,3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2001, No.
7) .
24 . Amendment of subsections (b) (8. 1) -(b) (8.1) (A) filed 1-16-2003; operative 1-
1-2003. Submitted to OAL for filing pursuant to Fair Political Practices
Commission v. Office of Administrative Law, 3 Civil C010924, California Court of
Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements) (Register 2003, No. 3) .
25. Editorial correction ofHistory24 (Register 2003, No. 12) .
26. Editorial correction removing extraneous phrase in subsection
(b) (9.5) (B) (Register 2004, No. 33)
27 . Amendment of subsections (b) (2) - (3) , (b) (3) (C) , (b) (6) (C) , (b) (8. 1)-
(b) (8. 1) (A) , (b) (9) (E) and (b) (11) - (12) filed 1-4-2005; operative 1-1-2005
pursuant to Government Code section 11343.4 (Register 2005, No. 1) .
28. Amendment of subsection (b) (7) (A) 4. filed 10-11-2005; operative 11-10-2005
(Register 2005, No. 41) .
+2 ca arc s 18730*
EXHIBIT B
EXHIBIT B
DESIGNATED EMPLOYEES
CLASSIFICATION
Accountant
a t Principal Accountant Pi pal
Accountant Senior
Assistant City Administrator
Assistant Project Manager
Beach Operations Supervisor
Building and Safety Director
Buyer
City Clerk
City Engineer
Civil Engineer Associate
Civil Engineer Principal
Civil Engineering Assistant
Civil g
En ineerin Junior
Engineering
Claims Examiner
Claims Examiner Senior
Claims Supervisor
Code Enforcement Officer
Code Enforcement officer Senior
3/25/98
Code Enforcement Trainee
Computer Operations.Supervisor
Contract Administrator
Criminalist Chief
Cultural Services Manager
Customer Services Rep
Customer Services Rep/Cashier
Customer Service Rep/Field
Customer Services Rep/Senior
Customer Services Supervisor
Department Analyst Senior
Deputy city Administrator
Dep City Adm/Chief Admin Services
Deputy City Attorney I
Deputy City Attorney II
Deputy City Attorney III
Deputy City Clerk II
Deputy City Treasurer
Deputy City Treasurer Senior
Deputy Dir Recreation Beaches & Dev
Development Specialist
Director of Community Development
3/25/98
Director of Community Services
Director of Economic Development
Director of Finance
Director of Library
Director of Public Works
Director of Real Estate Services
Fire Chief
Fire Chief Division
Fire Protection Analyst
Fire Protection Specialist
Housing Rehab Finance Specialist
Housing Rehab Manager
Information Systems Manager
Info Systems Manager--Public Safety
Inspection Manager
Inspector I
Inspector II
Inspector III
Inspector Comb/Struct Supervisor
Inspector Electrical Principal
Inspector Principal Plumb and Mech
Inspector Public Works Senior
3/25/98
Inspection Public Works/Trainee
Inspector Water services
Inspector Water Services Senior
Insurance and Benefits Manager
Investigator
Landscape Architect
Law Office Manager
Librarian Senior
Library Services Manager
Maintenance Operations Manager
Management Assistant
Marine Safety Captain
Medical Claims Processor
Meter Reader
Meter Reader Senior
Parking and Camping Supervisor
Permit and Plan Check Manager
Permit Supervisor
Personnel Director
PIan Checker Building
Plan Checker Building Senior
Plan Checker Engineer
3/25199
Plan Checker Public Works Senior
Planner Assistant
Planner Associate
Planner Senior
Planning Aide
Planning Director
Police Captain
Police Chief
Police Lieutenant
Project Manager
Purchasing/Central Services Manager
Real Estate Agent
Real Property Assistant
Records Administrator--Police
Service Officer--Alarm
Storekeeper
Superintendent Park,Trees& Land
Superintendent Recreation &Human Sery
Supervisori ai a Building Maintenance
n
Supervisor Mechanical Maintenance
Supervisor Park Maintenance
Supervisor Trees, Landscaping,Pest
3/25199
Supervisor Water Distribution
Supervisor Water Production
Telecommunications Assistant
Traffic Engineer
Traffic Engineer Associate
Warehousekeeper
Water Operations Manager
3/25/98
BOARDS, COMMISSIONS AND COMMITTEES
Board of Appeals
Convention and Visitors Bureau
Design Review Board
Investment Advisory Board
PURCHASING OFFICIALS
All employees, officers or consultants who have approval authority for any contract, agreement or
purchase order,or who are authorized to make any purchases of goods and services on behalf of the
City.
CONSULTANTS
Consultants shall be included in the list of designated officials and employees and shall disclose
interests subject to the following limitation: The City Administrator 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 this is not required to fully comply with the disclosure requirements described
in Section 5 above. Such written determination shall include a description of Consultant's duties
and, based upon that description, a statement of the extent of disclosure requirements. The City
Administrator'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.
06resolconflict code exh 8
Res. No. 2006-12
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 20th day of
March, 2006 by the following vote:
AYES: Green, Coerper, Sullivan, Hansen, Cook
NOES: None
ABSENT: Bohr, Hardy
ABSTAIN: None
Citiberk and ex-officio erk of the
City Council of the City of
Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Adopt Resolution No. revising the Conflict of
Interest Code pertaining to designated employees and
officials
COUNCIL MEETING DATE: March 20, 2006
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable). Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
Approved as to form by City Attorne ) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
� Financial Impact Statement (Unbud et over 5 000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator (initial) VC )
City Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
SpaceOnly)
RCA Author: