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Deferred/Continued to:
).Ap oved ❑ Conditionally Approved ❑ Denied JA4aZ70 Cit Cler ' Signatur
Council Meeting Date: April 16, 2012 Tepnrtmayn Number: CA 12-003
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: Adopt Resolution No. 2012-14 amending the Conflict of Interest Code
and review the Code of Ethics
Statement of Issue: State law mandates that cities adopt a Conflict of Interest Code
requiring designated employees and members of City boards, commissions and committees
to file a Statement of Economic Interest. City Council policy requires the annual review of the
City Code of Ethics.
Financiallmpact: None
Recommended Action: Motion to:
A) Adopt Resolution No. 2012-14, "A Resolution of the City Council of the City of Huntington
Beach Amending Its Conflict of Interest Code;" and,
B) Review and approve "City of Huntington Beach Code of Ethics."
Alternative Action(s):
Do not adopt Resolution No. 2012-14 or approve the amended City Code of Ethics and direct
staff accordingly.
ti
Item 4. - 1 xB -64-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 4/16/2012 DEPARTMENT ID NUMBER: CA 12-03
Analysis: State law requires the City Council, Planning Commission, City Treasurer,
and City Attorney, among others, to file Conflict of Interest Statements. The City Code of
Ethics ("Code") acknowledges and broadens State law to also include certain positions
designated by the City Council. Persons so designated are required to file a Statement upon
assuming their position, and 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 Code
was most recently amended in 2008. Since then, employee job titles and descriptions have
been added, deleted, and changed making it necessary to update the Code. Designated
employees, boards, commissions, and committees are shown on "Exhibit B" to the
Resolution.
Staff continues to review all employee positions for inclusion or removal from the list, and the
City Attorney staff will be presenting ethics training sessions for all filers on an ongoing basis
to ensure compliance with AB 1234.
Council policy requires the City Council, City departments, and all boards, commissions, and
committees to formally review the City Code of Ethics annually, during the month of January.
This Code is not intended to supersede or invalidate any statute, ordinance, or civil service
rule or regulation.
Environmental Status: N/A
Strategic Plan Goal: Develop, retain and attract quality staff.
Attachment(s):
1. 1 Resolution No. 2012-14. "A Resolution of the City Council of the City of
Huntington Beach Amending Its Conflict of Interest Code"
2. "City of Huntington Beach Code of Ethics"
HB -65- Item 4. - 2
ATTACHMENT # 1
Ilcin 4. . 3 yin -art.
RESOLUTON NO. 2012-14
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 which has been amended
by various resolutions; and
The City desires to amend the code which was previously adopted by Resolution 2008-09; 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 81008.1 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
Manager, 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.
07-1052.002/76871 1
Resolution No.2012-14
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 Resolution 2008-09, 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 1.6th day of gpri I , 2012.
City Clerk VMayor
REVIE APPROVED: ITIATED AND APPRO D S O FORM:
Cl anager Ci Attorney
07-1052.002/76871 2
Resolution No.2012-14
Resolution No.2012-14
(Regulations of the Fair Political Practices Commission,
Title 2,Division 6,California Code of Regulations.)
§ 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 Section 87300 or the amendment of a conflict-of-interest code within the meaning of 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, 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 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
(Regulations 18110,et seq.),and any amendments to the Act or regulations,are incorporated by reference into this conflict-
of-interest code.
(2)Section 2. Designated Employ.
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 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, 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, Section 87200;and
(C)The filing officer is the same for both agencies.Ii
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 of economic interests are
reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic
interests 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 the economic interests set forth in a designated employee's disclosure
categories are the kinds of economic interests 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.2
(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.
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Resolution No.2012-14
(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.
(B)Contents of Assuming Office Statements.
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 Section 87302.6, the
day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754.
(D)Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business
positions held or received during the period between the closing date of the last statement filed and 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 property3 is required to be reported,4 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;
4. A statement whether the fair market value of the investment or interest in real property equals or
exceeds$2,000,exceeds$10,000,exceeds$100,000,or exceeds$1,000,000.
(B)Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:
1. The name and address of each source of income aggregating$500 or more in value, or$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 $1,000 or less, greater than $1,000, greater than $10,000, or
greater than$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,6 the statement shall contain:
1.The name,address,and a general description of the business activity of the business entity;
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Resolution No.2012-14
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$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
by the 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 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 Section 89506.
(8.1)Section 8.1. Prohibition on Receipt of Gifts in Excess of$420.
(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 $420 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 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.
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Resolution No.2012-14
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$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
following:
a. The date the loan was made.
b.The date the last payment of$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$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 $2,000 or
more;
(B)Any real property in which the designated employee has a direct or indirect interest worth$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 $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$420 or more provided to,
received by, or promised to the designated employee within 12 months prior to the time when the decision is
made.
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Resolution No.2012-14
(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 Employ.
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$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 Section 83114 and Regulations 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, Sections 81000-91014. In addition, a
decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has
occurred may be set aside as void pursuant to Section 91003.
1Designated 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 Section 81004.
2See Section 81010 and Regulation 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.
317or the purpose of disclosure only(not disqualification),an interest in real property does not include the principal residence of the filer.
4Investments 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.
5A 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.
6Income 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 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.
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 Note filed 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).
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Resolution No.2012-14
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93
pursuant to title 1, 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 History 11 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 Note filed 3-14-95;operative 3-14-95 pursuant to Government Code 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 I I343.4(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)(13)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-
98 pursuant to Government Code 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
I I343.4(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 Code section 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)(13)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. Oflice 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 of History 24(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).
29.Amendment of subsections(a),(b)(1),(b)(3),(b)(8.1),(b)(8.1)(A)and(b)(9)(E)filed
12-18-2006; operative 1-1-2007. Submitted to OAL 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 2006,No.51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E)filed 10-31-2008; operative 11-30-2008. 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 and not subject to procedural or substantive review by OAL)(Register 2008,No.44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010. 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
and not subject to procedural or substantive review by OAL)(Register 2010,No.47).
6
Resolution No.2012-14
Resolution No.2012-14
EXHIBIT B
DESIGNATED EMPLOYEES
Accounting Manager
Administrative Analyst, Principal
Administrative Analyst, Senior
Assistant City Attorney
Assistant City Clerk
Beach Maintenance Operations Manager
Beach Operations Supervisor
Budget Analyst, Senior
Budget Manager
Business Systems Manager
Buyer
City Attorney
City Clerk
City Engineer
City Manager
City Treasurer
Community Relations Officer
Community Services Recreation Supervisor
Construction Manager
Construction Project Coordinator
Contract Administrator
Deputy City Engineer
Deputy City Manager
Deputy City Treasurer
Deputy Director of Economic Development
Deputy Director of Public Works
Deputy Director Recreation, Beaches &Development
Detention Administrator
Director of Community Services
Director of Economic Development
Director of Finance
Director of Human Resources
Director of Information Services
Director of Library Services
Director of Planning and Building
Director of Public Works
Economic Development Project Manager
Energy Project Manager
Facilities, Development& Concessions Manager
Fire Battalion Chief
Fire Chief
Fire Division Chief
General Services Manager
Geographic Information Systems Manager
76879 1
EXHIBIT B
Resolution No.2012-14
Housing Manager
Human Resources Manager
Human Services Program Supervisor
Information Systems Communications Manager
Information Systems Computer Operations Manager
Inspection Manager
Inspection Supervisor
Law Office Manager
Liability Claims Coordinator
Maintenance Operations Manager
Marine Safety Division Chief
Marine Safety Lieutenant
Neighborhood Preservation Program Manager
Network Systems Administrator
Parking/ Traffic Control Supervisor
Permit and Plan Check Manager
Personnel Analyst Principal
Personnel Analyst Senior
Planning Manager
Police Captain
Police Chief
Police Communications Manager
Police Lieutenant
Police Records Administrator
Principal Accountant
Principal Civil Engineer
Principal Librarian
Principal Planner
Project Manager
Public Safety Systems Manager
Purchasing and Central Services Manager
Real Property Agent
Recreation, Human& Cultural Services Superintendent
Risk Manager
Senior Accountant
Senior Supervisor Cultural Affairs
Senior Supervisor Human Resources
Special Events Coordinator
Supervisor, Parking/Camping Facility
Transportation Manager
Utilities Manager
76879 2
EXHIBIT B
Resolution No.2012-14
BOARDS, COMMISSIONS AND COMMITTEES
City Council
Convention and Visitors Bureau
Design Review Board
Planning Commission
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.
76879 3
EXHIBIT B
Res. No. 2012-14
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 a regular meeting thereof held on April 16, 2012 by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-offici Jerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT #2
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
APPROVED A01,114-/6 oV/A
Background
Every citizen of the City of Huntington Beach is entitled to have complete confidence in the integrity of
local government. All elected officials, officers, employees, and members of advisory boards, commission,
and committee of the City must help to earn that confidence by their individual and collective conduct.
Purpose
The purpose of this Code of Ethics is to set a standard of conduct for all elected officials, officers,
employees, and members of advisory boards, commission and committees of the City of Huntington Beach.
This policy is not intended to supersede or invalidate any statute, ordinance, or civil service rule or
regulation.
Applicability
This Code of Ethics shall apply to all elected officials, officers, employees, and members of advisory
boards, commissions, and committees of the City of Huntington Beach, herein called"officials".
Code Review
The City Council, City departments, and all boards, commissions, and committees are to formally review
this Code of Ethics with their members annually during the month of January. The Mayor, City Manager,
and Chairpersons shall be responsible for accomplishing this review. New members of the City Council,
boards, commissions, and committees and new employees are to be provided a copy of the Code of Ethics
for their review when they are elected or appointed.
All elected officials, officers, employees, and members of advisory boards, commissions, and committees
of the City of Huntington Beach shall sign an acknowledgment of receipt of a copy of the Code of Ethics.
Said acknowledgments of the elected officials and members of boards, committees and commissions shall
be maintained on file with the City Clerk. Said acknowledgments of officers and employees shall be
maintained on file with the Department of Administrative Services,Human Resources Division.
Policy
The following policies, adopted by the City Council of the City of Huntington Beach constitute the official
Code of Ethics for all officials of the City.
First: All officials shall uphold the Constitution of the United States, the Constitution of the State
of California, and the Huntington Beach City Charter, and carry out impartially the laws of the
nation, state and municipality.
Second: All officials shall comply with all applicable provisions of local and state law, particularly
the California Political Reform Act including but not limited to its provisions on gifts and conflicts
of interest.
07-1052.002/76906 1
Third: Officials shall not engage in any activity which results in any of the following:
(a) Use of time, facilities, equipment, supplies, or other resources of the City for the
private advantage or gain for oneself or another;
(b) Use of official information that is not available to the general public for private
advantage or gain for oneself or another;
(c) Use of the authority of their position with the City to discourage, restrain or
interfere with any person who chooses to report potential violations of any law or
regulation.
Fourth: Officials shall not accept, directly or indirectly:
(a) Private advantage, gain, remuneration, or reward for oneself or another as a result of
the prestige or influence of the City office, employment, or appointment;
(b) Financial consideration from any source other than the City of Huntington Beach
for performance of their official duties, except for stipends received as
representatives on board, commissions or committees at a local, regional, or state
level;
(c) Employment from private interests, when such employment is inconsistent with the
proper discharge of their official duties or may result in a conflict of interest.
Fifth: Officials shall not give special treatment or consideration to any individual or group beyond
that available to any other individual.
Sixth: Officials shall not discriminate against or harass a citizen or co-worker on the basis of race,
color, gender, religion, national origin, ancestry, sexual orientation, physical or mental handicap,
martial status or age; harassment shall include verbal,physical, and sexual harassment.
Seventh: Except for persons appointed to boards, commissions, and committees, officials shall not
lobby for remuneration on behalf of any other individual or entity other than themselves to City
staff or before the City Council or any City board, commission, or committee for a period of one
year after their date of severance from the City.
Eighth: All officials shall conduct themselves in a courteous and respectful manner at all times
during the performance of their official City duties.
Enforcement
Any official found to be in violation of this Code of Ethics may be subject to censure by the City Council.
Any member of an advisory board, commission, or committee found to be in violation may be subject to
dismissal. In the case of an employee, appropriate action shall be taken by the City Manager or by an
authorized designee.
07-1052.002/76906 2