HomeMy WebLinkAboutAdopt Resolution No. 2023-01 Amending the Conflict of Intere (2) APPRoVED
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File #: 21-385 MEETING DATE: 1/17/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robin Estanislau, CMC, City Clerk
PREPARED BY: Robin Estanislau, CMC, City Clerk
Subject:
Adopt Resolution No. 2023-01 Amending the Conflict of Interest Code
Statement of Issue:
The Political Reform Act requires every local government agency to conduct a biennial review of its
Conflict of Interest (COI) Code (Code). It is requested that Council review and adopt Resolution No.
2023-01 amending the Code by incorporating significant changes to the organizational structure that
were made in late 2020 and adopted as part of the FY 2021/22 Budget, and include the new/revised
job classifications as part of a Classification and Compensation Study presented and approved by
Council in November 2022.
Financial Impact:
Not applicable.
Recommended Action:
Adopt Resolution No. 2023-01, "A Resolution of the City Council of the City of Huntington Beach
Amending its Conflict of Interest Code."
Alternative Action(s):
Do not adopt Resolution No. 2023-01, and direct staff accordingly.
Analysis:
State law requires that cities adopt a Conflict of Interest code requiring designated employees and
consultants, and members of City Boards, Commissions, and Committees to file a Statement of
Economic Interest (Form 700). The primary purpose of a Code is to require designated positions to
disclose those types of investments, interests in real property, sources of income, and business
positions that may be affected in their decision-making. The City last amended its Code in October of
2018 by adopting Resolution No. 2018-58 (attached for reference purposes).
Resolution 2023-01 is presented for consideration and includes Exhibit B that identifies an updated
list of designated officials and employees with disclosure categories. Government Code Section
City of Huntington Beach Page 1 of 2 Printed on 1/11/2023
poweretl$j Leg istarT"^
File #: 21-385 MEETING DATE: 1/17/2023
82019 defines a designated employee as "any officer, employee, member, or consultant of any
agency whose position with the agency: (1) Is exempt from the state civil service system by virtue of
subdivision (a), (c), (d), (e), (f), (g), or (m) of Section 4 of Article VII of the Constitution, unless the
position is elective or solely secretarial, clerical, or manual; (2) Is elective, other than an elective state
office; and, (3) Is designated in a Conflict of Interest Code because the position entails the making or
participation in the making of decisions which may foreseeably have a material effect on any financial
interest."
To update Exhibit B, staff cross-referenced designated positions identified in 2018 with current, active
job titles included within the FY 2021/2022 Budget, and those positions added or revised as part of
the Classification and Compensation Study presented and approved by Council resolution(s) in
November 2022. Staff determined that amendments were necessary to comply with state law,
including the addition of new positions, revision of titles of existing positions, and removal of obsolete
positions. Human Resources reviewed a final draft of Exhibit B to assign disclosure category
numbers based on disclosure category descriptions (recommended by the Fair Political Practices
Commission) and identified within the resolution as Exhibit C.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2023-01, "A Resolution of the City Council of the City of Huntington Beach
Amending its Conflict of Interest Code," including Exhibit B - Designated Officials and Employees
with Disclosure Categories
2. Resolution No. 2018-58
City of Huntington Beach Page 2 of 2 Printed on 1/11/2023
powerelfE-2r LegistarT"
City Council/Public Financing ACTION AGENDA January 17, 2023
Authority
CITY ATTORNEY'S REPORT
12. 23-041 Air Show Environmental Review
City Attorney Gates shared that the process of identifying a firm to conduct
an environmental review has started, and provided comments on firm
experience and finding the right fit--staff to return with a specific plan
report
CONSENT CALENDAR (#13 through #171
Office of City Clerk
13. 22-1125 Approved and Adopted Minutes
Recommended Action:
A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes
of December 6, 2022 as amended by Supplemental Communication; and,
B) Approve and adopt the City Council/Public Financing Authority regular meeting and
the Housing Authority, Parking Authority and Successor Agency special meeting
minutes of December 20, 2022.
Approved 7-0
14. 22-792 Conducted an Annual Review of the City Code of Ethics
Recommended Action:
Direct the City Clerk to record in the official minutes that the City Code of Ethics was
presented to the City Council, City Manager, Chairpersons, and City Department Directors
for their review and distribution as required by Resolution No. 2016-73.
Approved 7-0
15. 21-385 Adopted Resolution No. 2023-01 Amending the Conflict of Interest Code
Recommended Action:
Adopt Resolution No. 2023-01, "A Resolution of the City Council of the City of Huntington
Beach Amending its Conflict of Interest Code."
Approved 7-0 as amended by Supplemental Communication (minor revisions to
Exhibit B)
Finance Department
16. 23-018 Adopted Successor Agency Resolution Nos. 2023-01 and 2023-02
approving the Recognized Obligation Payment Schedule (ROPS) and
Administrative Budget for the Huntington Beach Successor Agency
for the period of July 1, 2023, through June 30, 2024, in accordance
with Health and Safety Code Section 34177 and related actions
Page 5 of 9
.212 City of Huntington Beach
if INTER-DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Robin Estanislau, City Clerk r
DATE: January 17, 2023
SUBJECT: SUPPLEMENTAL COMMUNICATION FOR CONSENT ITEM NO. 15 —
CONFLICT OF INTEREST RESOLUTION NO. 2023-01
Formatting errors were discovered after publication of the agenda that affect Exhibit B —
Designated Officials and Employees with Disclosure Categories, to Resolution No. 2023-
01. It is recommended that Exhibit B be modified as follows:
Add:
Deputy Fire Marshall
Principal Information Technology Analyst
Remove:
Public Affairs Officer (duplicate)
Recommended Action:
Adopt Resolution No. 2023-01, "A Resolution of the City Council of the City of Huntington
Beach Amending its Conflict of Interest Code," as amended by Supplemental
Communication.
SUPPLEMENTAL
COMMUNICATION
Meeting Date: 1/4/12-1*13
AgendaItemNo.;
i5 (L1- 315_-)
RESOLUTION NO. 2023-01
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 81000 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 most recently amended by Resolution No.
2018-58; 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, which may be adopted
by local agencies and constitutes the agency's Conflict of Interest Code,
NOW, THEREFORE, the City Council of the City of Huntington Beach hereby resolves
as follows:
SECTION 1. Regulation Section 18730. The terms of two 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 and their respective
disclosure categories, and the attached Exhibit C establishing Disclosure Categories, 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 who will make the statements available for public inspection and
reproduction. [Gov. Code Section 81008.] The City Clerk shall retain statements for all
designated officials and employees.
SECTION 3. Designation of Positions. The persons holding a 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 Commission, 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.
SECTION 5. Disclosure Required. Designated officials and employees as set forth in
Exhibit B shall file conflict of interest statements listing financial interests as required by the
applicable Disclosure Category for their position set forth in the attached Exhibit C.
SECTION 6. Disqualification. Designated officials and employees must disqualify
themselves from making or participating in the making of any decisions that 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 Nos. 2018-58,
2016- 44 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 17th day of January 2023.
Mayor
IE AND ROVED: INITIATED AND APPROVED:
City Manager City Clerk
APPROVED AS TO FORM:
ity Attorney t /
Resolution No. 2023-01
Exhibit A
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 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 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.I
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 the
employee's statement of economic interests those economic interests the employee has which are
of the kind described in the disclosure categories to which the employee 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 the employee foreseeably can
affect materially through the conduct of the employee's 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. If a person reports for military service as defined in the Servicemember's Civil Relief
Act, the deadline for the annual statement of economic interests is 30 days following the person's
return to office, provided the person, or someone authorized to represent the person's interests,
notifies the filing officer in writing prior to the applicable filing deadline that the person is
subject to that federal statute and is unable to meet the applicable deadline, and provides the
filing officer verification of the person's military status.
(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 the person did not make or participate in the making of, or
use the person's position to influence any decision and did not receive or become entitled to
receive any form of payment as a result of the person's 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 the person 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 property is required to be reported, 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, 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,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 $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 the
employee is a director, officer, partner, trustee, employee, or in which the employee 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 the
member's or employee's statement of economic interests.
(B) 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.
(C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this
section.
(D) 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$520.
(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 $520 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 the member's or employee's statement of economic
interests.
(B) 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.
(C) 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 the
election to office through the date that the officer 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 the
election to office through the date that the officer 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
the official 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 $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 the officer's election to office through the date the
officer 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 the
employee's official position to influence the making of any governmental decision which the
employee 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 the
official's 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
$500 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 the employee's 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 the employees' participation legally required for purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official
shall make, participate in making, or use the official's 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 the official's 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 the employee should not make a governmental
decision because the employee 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 the duties under this code may request assistance
from the Fair Political Practices Commission pursuant to Section 83114 and Regulation 18329
and 18329.5 or from the attorney for the employee's 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.
1. 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 Section 81004.
2. See 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.
3. For the purpose of disclosure only (not disqualification), an interest in real property does
not include the principal residence of the filer.
4. 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.
5. A designated employee's income includes the employee's community property interest in
the income of the employee's spouse but does not include salary or reimbursement for expenses
received from a state, local or federal government agency.
6. 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 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).
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 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 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 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 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 CO10924, 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 CO10924, 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 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 CO10924, 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).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)-
(b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
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 2013,No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and(b)(9)(E) filed 12-15-2014;
operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing 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 2014,No. 51).
34. Redesignation of portions of subsection(b)(8)(A) as new subsections (b)(8)(B)-(D),
amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection
(b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12-
1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). 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 2016, No.
49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and(b)(9)(E) filed 12-12-2018; operative 1-
11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and
printing 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 2018, No.
50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant
to Cal. Code Regs., tit. 2, section 18312(e). 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 2020,No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A),
(b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and
(b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2,
section 18312(e). 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 2021,No. 20).
Resolution No. 2023-01
Exhibit "B"
Exhibit B
Designated Officials and Employees
with Disclosure Categories
Description Category
Administrative Services Manager 1
Assistant Chief Financial Officer 1
Assistant City Attorney 1
Assistant City Clerk 1
Assistant City Manager 1
Assistant to the City Manager 1
Associate Civil Engineer 2 ,4
Associate Planner 4
Building Inspection Manager 3, 4
Building Inspection Supervisor 3, 4
Building Official 1
Business License Supervisor 4
Buyer 2
Capital Projects Administrator 2, 4, 5, 6
Chief Assistant City Attorney 1
Chief Financial Officer 1
Chief Information Officer 1
Chief Litigation Counsel 1
City Clerk 1
City Engineer 1
Civilian Police Services Commander 3, 4
Code Enforcement Manager 3, 4, 5
Community Development Director 1
Community and Library Services Manager 1
Construction Manager 2
Council Policy Analyst 3
Cyber Information Security Officer 2, 4
Deputy City Attorney I 3, 5, 6
Deputy City Attorney II 3, 5, 6
Deputy City Engineer 1
Deputy City Manager 1
Deputy Community Prosecutor 1
Deputy Director of Administrative Services 1
Deputy Director of Community Development 1
Deputy Director of Community & Library Services 1
Deputy Director of Public Works 1
Description Category
Deputy Fire Marshall 1
Detention Administrator 3, 4
Director of Community and Library Services 1
Director of Homelessness & Behavioral Health Services 1
Director of Human Resources 1
Economic Development Manager 3,5
Economic Development Project Manager 5
Environmental Services Manager 3 4
Equipment Parts Inventory Supply Clerk 2
Finance Manager 1
Fire Battalion Chief 4
Fire Chief 1
Fire Deputy Chief 1
Fire Division Chief 1
Fire Marshal 1
Fire Medical Coordinator 2
Fleet Operations Supervisor 3, 4
Housing Manager 3, 5
Human Resources Analyst 3, 6
Human Resources Manager 1
Information Technology Manager 1
Information Technology Project Coordinator 1
Information Technology Supervisor 1
Interim City Manager 1
Landscape Architect 3, 5
Management Analyst 3,
Marine Safety Captain 3, 4
Marine Safety Battalion Chief 2, 4
Network Systems Administrator 2
Parking & Camping Operations Supervisor 2, 4
Permit & Plan Check Manager 3 ,4
Permit & Plan Check Supervisor 3, 4
Planning Manager 3, 4, 5
Plan Check Engineer 4, 5
Police Captain 1
Police Chief 1
Police Lieutenant 3, 4
Police Services Manager 3, 4
Principal Civil Engineer 3, 4
Principal Code Enforcement Officer 3, 4, 5
Principal Combination Inspector 4, 5
Principal Finance Analyst 1
Description Category
Principal Human Resources Analyst 3, 6
Principal Information Technology Analyst 3
Principal Librarian 3
Principal Management Analyst 3, 5
Principal Planner 4, 5
Public Affairs Manager 3
Public Affairs Officer 3
Public Works Maintenance Superintendent 3, 4
Public Works Maintenance Supervisor 3, 4
Public Works Operations Manager 1
Real Estate & Project Manager 2, 5
Risk Manager 1
Senior Buyer 2
Senior Civil Engineer 2, 4
Senior Community and Library Services Supervisor 3, 4
Senior Deputy City Attorney 2
Senior Finance Analyst 3
Senior Human Resources Analyst 3, 6
Senior Librarian 3
Senior Management Analyst 3
Senior Planner 4, 5
Senior Traffic Engineer 2, 4
Traffic and Transportation Manager 1
Utilities Manager 1
Utilities Superintendent 1
Warehouse Coordinator 2
Wastewater Supervisor 3, 4
Water Quality Supervisor 3, 4
Water Utility Supervisor 3, 4
BOARDS, COMMISSIONS, AND COMMITTEES
Citizen's Infrastructure Advisory Board (CIAB)/Public Works Commission 1
Design Review Board 1
Finance Commission 1
Visit Huntington Beach 1
CONSULTANTS
Consultants shall be included in the list of designate officials and employees in Category 1 and
shall disclose such interests subject to the following limitation: The City Manager may
determine in writing that a particular consultant, although a"designated position," is hired to
perform a range of duties that is limited in scope and thus is not required to fully comply with the
disclosure requirements described 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 Manager's determination is a public record and shall be retained for
public inspection in the same manner and location as this Conflict of Interest Code.
Resolution No. 2023-01
EXHIBIT C
CITY OF HUNTINGTON BEACH
CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES
Disclosure Category 1: Broad responsibilities. Full Disclosure
Persons in this category shall disclose all applicable investments, business positions, and sources of
income, including gifts, loans and travel payments. Persons in this category shall further disclose
applicable interests in real property located in the City, including property located within a two mile
radius of the City or of any property owned or used by the City.*
Disclosure Category 2: Citywide Purchasing Responsibilities
Persons in this category shall disclose all applicable investments, business positions, and income,
including loans and gifts, from sources which provide services, supplies, materials, machinery, or
equipment of the type utilized by the City*
Disclosure Category 3: Department/Division Purchasing Responsibilities
Persons in this category shall disclose all applicable investments, business positions, and income,
including loans and gifts, from sources which provide services, supplies, materials, machinery, or
equipment of the type utilized by the designated employee's department or division.*
Disclosure Category 4: Regulatory Power
Persons in this category shall disclose all applicable investments, business positions, and income,
including loans and gifts, from any source which is subject to the regulatory, permit, or licensing
authority of the designated employee's department or division.*
Disclosure Category 5: Decision-Making Authority Affecting Real Property
Persons in this category shall disclose all applicable investments, business positions, and income,
including loans and gifts, from sources that engage in land development, construction, or the
acquisition or sale of real property. Persons in this category shall further disclose all interests in real
property located in the City, and within a two mile radius of the City or of any property owned or
used by the City.*
Disclosure Category 6: Decision-Making Authority Affecting Claims and/or Insurance
Persons in this category shall disclose all applicable investments, business positions and income,
including loans and gifts from:
A) Persons or entities, which provide services, supplies, materials, machinery or equipment of
the type utilized by the City. Business positions in business entities that manufacture, sell,
supply, or promote personnel training materials or that offer personnel consulting services,
and that do business, or expect to do business, within the City.
B) Entities which are engaged in the business of insurance including, but not limited to,
insurance companies, carriers, holding companies, underwriters, brokers, solicitors, agents,
adjusters, claims managers and actuaries.
C) Financial institutions including, but not limited to, banks, savings and loan associations and
credit unions.
D) Entities or persons who have filed a claim, or have a claim pending, against the City, which
is reviewed by the designated employee's department or division.
E) Income received from investments in, and business positions in business entities that offer,
sell, or service group medical insurance, group life insurance, group dental insurance,
pension plans, or that make investments or any way manage funds relating thereto, and that
do business, or expect to do business, within the City.*
Disclosure Category 7: Investment Responsibilities
Persons in this category shall disclose all applicable investments, business positions, and income,
including loans and gifts, from financial institutions doing business with or eligible to do business
with the City.*
*Definitions
"Applicable Investments" relates to investments held by the designated employee, spouse and
dependent children with an aggregate value of$2,000 or more located or doing business in the
jurisdiction. It includes investments held by a business entity or trust in which the designated
employee, spouse and dependent children have an aggregate interest of 10% or greater.
"Applicable business positions"relates to positions in which the designated employee was a director,
officer, partner, trustee, employee, or held any position of management during the period covered by
the report, even if the designated employee received no income from the business entity during the
period.
"Applicable income" includes the designated employee's gross income (including loans) and the
employee's community property interest in his or her spouse's gross income aggregating $500 or
more received from any source located in or doing business in the jurisdiction. Please note that loans
are reported on a separate schedule.
"Applicable gift" includes anything of value for which the designated employee has not provided
equal or greater consideration to the donor. A gift is reportable if its fair market value is $50 or
more. In addition, multiple gifts aggregating $50 or more received during the reporting period from a
single source must be reported. Unless otherwise expressly limited in the Disclosure Categories,
gifts are reportable without regard to where the donor is located.
"Applicable interest in real property" includes those located in the jurisdiction in which the
employee, spouse, or dependent children had a direct, indirect, or beneficial interest aggregating
$2,000 or more any time during the reporting period. The employee is not required to report a
residence used exclusively as a personal residence.
"Jurisdiction" means the city of Huntington Beach. Real property is deemed to be "within the
jurisdiction" if the property or any part of it is located in or within two miles of the boundaries of the
City or any property owned or used by the City, unless a smaller area is specified in the Disclosure
Category.
Res. No. 2023-01
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 January 17, 2023 by the following vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
NOES: None
ABSENT: None
RECUSE: None
2iWAHL e6/144i714A-d
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
Resolution No. 2023-01
ft
Exhibit B
Designated Officials and Employees
with Disclosure Categories
Description Category
Administrative Services Manager 1
Assistant Chief Financial Officer 1
Assistant City Attorney 1
Assistant City Clerk 1
Assistant City Manager 1
Assistant to the City Manager 1
Associate Civil Engineer 2 ,4.
Associate Planner r f 4
Building Inspection Manager 3, 4
Building Inspection Supervisor 3, 4
Building Official 1
r'
Business License Supervisor -' 4
Buyer 2
Capital Projects Administrator /, 2, 4, 5, 6
f
Chief Assistant City Attorney , 1
Chief Financial Officer 1
Chief Information Officer / 1
Chief Litigation Counsel 1:` 1
City Clerk ,' 1
City Engineer °` 1
Civilian Police Services/Commander 3, 4
Code Enforcement Manager 3, 4, 5
Community Development Director 1
Community and Library Services Manager 1
Construction Manager 2
Council Polie/Analyst 3
Cyber Information Security Officer 2, 4
Deputy C}(y Attorney I 3, 5, 6
Deputy ity Attorney II 3, 5, 6
Depu; City Engineer 1
Deputy City Manager 1
Deputy Community Prosecutor 1
$puty Director of Administrative Services 1
Deputy Director of Community Development 1
/
Deputy Director of Community & Library Services 1
Deputy Director of Public Works 1
/
/,:
f
r
Description Category
Detention Administrator 3, 4:,
Director of Community and Library Services 1-f
Director of Homelessness & Behavioral Health Services 1
Director of Human Resources 1
Economic Development Manager a:-' 3,5
Economic Development Project Manager ,, 5
Environmental Services Manager 3 4
Equipment Parts Inventory Supply Clerk / 2
Finance Manager ,°/ 1
Fire Battalion Chief 4
Fire Chief // 1
Fire Deputy Chief 1
Fire Division Chief 7 1
Fire Marshal 1
Fire Medical Coordinator 2
Fleet Operations Supervisor 3, 4
Housing Manager 7 3, 5
Human Resources Analyst ` 3, 6
Human Resources Manager / 1
Information Technology Manager / 1
Information Technology Project Coordinator 1
Information Technology Supervisor 1
Interim City Manager ./ 1
Landscape Architect / 3, 5
Management Analyst //' 3,
Marine Safety Captain / 3, 4
Marine Safety Battalion Chief 2, 4
Network Systems Administrator 2
Parking & Camping Operations Supervisor 2, 4
Permit& Plan Check Manager 3 ,4
Permit & Plan Check Supervisor 3, 4
Planning Manager 3, 4, 5
Plan Check.,Engineer 4, 5
Police Captain 1
Police Chief 1
Police,Lieutenant 3, 4
Pol�e Services Manager 3, 4
P4ncipal Civil Engineer 3, 4
Principal Code Enforcement Officer 3, 4, 5
rincipal Combination Inspector 4, 5
Principal Finance Analyst 1
Principal Human Resources Analyst 3, 6
Description Category
Principal Librarian 3
Principal Management Analyst 3, 5
Principal Planner 4, 5
Public Affairs Manager 3
Public Affairs Officer 3,
Public Affairs Officer 2, 3
Public Works Maintenance Superintendent 3, 4
Public Works Maintenance Supervisor 3, 4
Public Works Operations Manager 1
Real Estate & Project Manager 2, 5
Risk Manager 1
Senior Buyer 2
Senior Civil Engineer 2, 4
Senior Community and Library Services Supervisor 3, 4
Senior Deputy City Attorney 2
Senior Finance Analyst 3
Senior Human Resources Analyst 3, 6
Senior Librarian 3
Senior Management Analyst 3
Senior Planner 4, 5
Senior Traffic Engineer 2, 4
Traffic and Transportation Manager/ 1
Utilities Manager ; 1
Utilities Superintendent 1
Warehouse Coordinator 2
Wastewater Supervisor 3, 4
Water Quality Supervisor ` 3, 4
Water Utility Supervisor 3, 4
i
rr`
f,•
f
BOARDS, COMMISSIONS, AND COMMITTEES /f/
Citizen's Infrastructure Advisory Board (CIAB)/Public Works Commission 1
Design Review Board x`f 1
Finance Commission `7 1
Visit Huntington Beach '" 1
CONSULTANTS
Consultants shall be included in the list of designate officials and employees in Category 1 and
shall disclose such interests subject to the following limitation/The City Manager may
determine in writing that a particular consultant, although a:`designated position," is hired to
perform a range of duties that is limited in scope and thus.is not required to fully comply with the
disclosure requirements described 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 Manager's determination is a public record and shall be retaMed for
public inspection in the same manner and location as this Conflict of Interest Code.
7
I
r
RESOLUTION NO. 2018-58
•
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 81000 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 most recently amended by Resolution
2014-64; 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, which may be adopted
by local agencies and constitutes the agency's Conflict of Interest Code,
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 and their respective
disclosure categories, and the attached Exhibit C establishing Disclosure Categories, 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 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;
18-6887/188598 1
136
RESOLUTION NO. 2018-58
(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.
SECTION 5. Disclosure Required. Designated officials and employees as set forth in
Exhibit B shall file conflict of interest statements listing financial interests as required by the
applicable Disclosure Category for their position set forth in the attached Exhibit"C."
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 2014-64, 2016-
44 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 15th day of October , 2018.
Mayor
REVIE D APPROVED: INITIA' ED AND APPROVED:
al( Ulf& OaViie I/-
City anag r Assistant City Manager
APPROV AS TO FORM:
amity Attorney M1/
18-6887/188598 2
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i Resolution 2018-58 Ex. A
(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 Employees.
•
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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 ail 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.1 •
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
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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: if a person reports for military service as defined in the Servicemember's
Civil Relief Act, the deadline for the annual statement of economic interests is 30 days ,
following his.or her return to office, provided the person, or someone authorized to
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represent the person's interests, notifies the filing officer in writing prior to the applicable
filing deadline that he or she is subject to that federal statute and is unable to meet the
. applicable deadline, and provides the filing officer verification of his or her military
•
status.
(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.
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(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. . .
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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;
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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;
• 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 Ilst 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 properly 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. •
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(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$440.
(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
$440 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, ,
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(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 frail 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,
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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
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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,Isister-in-law,
nephew, niece, aunt, uncle, or first cousin, or the spous.e 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:
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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(lie 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
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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 $440 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.
•
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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
(8) 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.
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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 violatlon•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.
. 1 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 Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons
in agencfes who make and retain copies of statements and forward the originals to the
filing officer.
3 For the purpose of disclosure only(not disqualification), an interest In real property
does not Include the principal residence of the filer.
4 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
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which the individual, spouse and dependent children own, in the aggregate, a direct,'
indirect or beneficial interest of 10 percent or greater.
5 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.
6 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 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, 88501, 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).
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7.Amendment of subsection (b)flied 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),
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)(6), 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), .
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154
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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 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 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 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 CO10924, 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., (bX7)(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 CO10924, California Court
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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 of History 24(Register 2003, No. 12). .•
26. Editorial correction removing extraneous phrase 1n 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)flied
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 20.06, No. 51).
•
•
156
•
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 CO10924, 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).
32. Amendment of section heading and subsections(a)-(b)(1), (b)(3)-(4), (b)(5)(C),
(b)(8.1)-(b)(8.1)(A)and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative
2-7-2013. Submitted to.OAL for filing pursuant to Fair Political Practices Commission v.
Office of Administrative Law,3 Civil CO10924, 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 2013, No.2).
•
•
•
•
157
• . Resolution 2018-58 '
EXHIBIT B
DESIGNATED OFFICIALS AND EMPLOYEES
WITH DISCLOSURE CATEGORIES
Job Type Description Category
0089 Admin Analyst Senior . . 3 .
0025 Administrative Analyst 5
0078 Assistant City Attorney 1
0132 Assistant City Clerk 1
0592 Assistant City Manager 1
0595 Assistant Fire Marshal 4
0057 Assistant to the City Manager 1
0044 Beach Operations Supervisor 3,4
0064 Budget Analyst Senior 3
0598 Building Manager 1
0112 Buyer 2
0593 Chief Asst City Attorney • 1
0518 Chief Financial Officer 1 .
0479 Chief Information Officer 1
0016 City Attorney 1
0017 City Clerk 1
0024 City Engineer 1 •
0591 City Manager 1
0018 City Treasurer 1
0125 Code Enforcement Supervisor 2
0589 Community Development Director 1
0471 Community Relations Officer 2,3
0353 Community Services Manager 1
0258 Community Srvcs Rec Supv 3
0097 Construction Manager 2
0085 Contract Administrator 3, 4, 5,6
0081 Deputy City Attorney I 3, 5, 6
0080 Deputy City Attorney II 3, 5,6
0079 Deputy City Attorney Ill 3, 5,6
0699 Deputy Community Prosecutor 3,5,6
0840 Deputy Dir of Community Development 1.
0571 Deputy Dir of Econ Development 1
0486 Detention Administrator 3,4
0014 Director of Community Services 1
0574 Director of Human Resources 1
0007 Director of Library Services 1
0010 Director of Public Works 1
0039 Econ Development Proj Mgr 4,5
0580 Energy Project Manager 4, 5
0050 Facilities Maint Supervisor 3,4
0879 Finance Manager-Accounting 1
0889 Finance Manager-Budget 1
•
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0899 Finance Manager-Fiscal Services 1
0869 Finance Manager-Treasury 1
0031 Fire Battalion Chief 4
0015 Fire Chief 1
0026 Fire Division Chief 1
0131 Fire Medical Coordinator 2 ••
• 0590 Fleet Operations Supervisor 3,4
0581 General Services Manager 1
0006 Human Resources.Manager 1
0499 Senior Information Technology Analyst 3,4
0489 Information Tech Manager-Infrastructure 1
0200 Information Tech Manager-Operations 1
0500 information Tech Manager-Systems 1
0075 Inspection Manager 1
0073 Inspection Supervisor 3, 4
0049 Landscape Maint Supervisor 3,4
0572 Liability Claims Coordinator 6
0030 Maintenance Operations Mgr 1
0032 Marine Safety Division Chief 1
0105 Marine Safety Lieutenant 3,4
0490 Network Systems Administrator 2
0209 Permit&Plan Check Supervisor 3, 4
0453 Personnel Analyst 3, 6
0060 Personnel Analyst Principal 3,6
0464 Personnel Analyst Senior 3, 6
0444 Planning Manager 1
0625 Police Admin Div Srvcs Manager 1
0233 Police Captain 1
0011 Police Chief 1
0022 Police Communications Manager 3,4
0234 Police Lieutenant 3,4
0094 Police Records Administrator 3, 4
0096 . Principal Civil Engineer 3, 4
0072 Principal Electrical Inspector 3, 4
0076 Principal Inspector PIb/Mech 3, 4
0482 Principal Librarian 3
0579 Project Manager 3
0839 Real Estate&Project Manager 2, 5
' 0054 Risk Manager 1
0110 Senior Accountant 3
0069 Senior Civil Engineer 2,4
0484 Senior Deputy City Attorney 2
0868 Senior Finance Analyst 3 •
0036 Senior Planner 2,4
0579 Senior Risk Management Analyst 3,6
0575 Senior Supv Cultural Affairs 3,4
0578 Senior Supv Human Services 3,4
0034 Senior Traffic Engineer 2,4
18-6887/188602
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159
0457 Special Events Coordinator 2
0488 Street Maint Supervisor 3, 4
0133 Supv Parking/Camping Facility 3,4
0333 Senior Trial Counsel 3
0033 Transportation Manager 1
• 0051 •• Tree Maintenance Supervisor 3, 4 •
0483 Utilities Manager 1
0487 Wastewater.Supervisor •
3, 4
0052 Water Distribution Supervisor 3, 4
0053 Water Production Supervisor 3, 4
0056 Water Quality Supervisor 3, 4
•
•
BOARDS, COMMISSIONS,AND COMMITTEES
•
City Council 1
Visit Huntington Beach 1
Design Review Board 1
Planning Commission 1 •
Citizens Infrastructure Board 1
Finance Commission 1
CONSULTANTS
Consultants shall be included in the list of designated officials and employees in
Disclosure Category 1 and shall disclose such interests subject to the following
limitation: The City Manager may determine in writing that a particular consultant,
although a."designated position," is hired to perform a range of duties that is limited
in scope and thus is not required to fully comply with the disclosure requirements
described 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 Manager's determination is a public record and
shall be retained for public inspection in the same manner and location as this
Conflict of Interest Code.
•
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160
Resolution 2018-58
.
EXHIBIT C
City of Huntington Beach
Coaliet of Interest Code
Disclosure Categories
•
Disclosure Cateeoiv is . Broad responsibilities.Pull Disclosure
Persons in this category shall disclose all applicable investments, business positions, and •
sources of income, including gifts,loans and travel payments. Persons inlhis category
shall further disclose applicable interests in real property located in the City,including
property located within a two mile radius ofthe City or of any property owned or used by
the City. *
•
pisclosure Cateeor' 2S Citywide Purchasing Responsibilities
Persons In this category shall disclose all applicable investments,business positions, and
income,including loans and gifts, from sources which provide services, supplies,
materials,machinery, or equipment of the type utilized by the City,*
•
Disclosure Category 3; Department/Divisien Purchasing Responsibilities '
Persons in this category shall disclose all applicable imeeatm.ents,business positions, and
income,including loans and gifts,from sources which provide services, supplies,
materials,machinery, or equipment of the type utilized by the designated employee's
department or division. *
•
Disclosure Csteacry 4: Regulatory Power
Persons in this category shall disclose all applicable investments, business positions, and
income, including loans and gifts,from.any source which is subject to the regulatory,
permit, or licensing authority of the designated employee's department or division.
11
•
Disclosure Category 5: • Decisions Making Author ity Afecting Real Property
Persons in this category shall disclose all applicable investments, business positions, and
income,Including loans and gifts,from sources which engage in land development,
construction,or the acquisition or sale of real property.Persons in this category shall
further.disclose all interests in real property pealed in the City, and within a two mile •
radius of the City or of any property-owned or used by the City. *
• Disclosure Category 6:, Decision Making Authority Affecting Claims and/or
• Insurance
•
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l•
161
•
'Persons in this category shall disclose all applicable investments, business positions, and
income, including loans and gifts, ft•orn:'
A.) Persons or entities Which provide services, supplies,materials,machinery or
equipment of the type utilized by the City.Business positions in business entities that
manufacture,sell,supply, or promote personnel training materials or that offer personnel
consulting serviees, and that do business,or expect to do business, within the City.
B) •Entities which are engaged in the business of insurance including,but not limited
to,insurance companies, carriers,holding companies,uudervelzrs,brokers, solicitors,
agents,adjusters,claims managers and actuaries,
C) Einanolal institution's including, but not•Iintitedto, banks, savings arid-Joan
associations and credit unions, .
Y)) Entities or persons who have fried a claim,or have a claim pending, against the
City which is reviewed by the designated employee's department or division.
B) Taconic received from investments in,and business positions in business entities
that offer, sell,or service group'medical Insurance,group life insurance, group dental.
Insurance,pension plans,or that make investments or any way manage funds relating
thereto,and that do business, or expect to do business,within the City,*
Disclosure Category 7; Inv astral ant l esponsibiiities
Persons in.this category shall disclose all applicable investments, business positions, and
income,including loans and gifts, from financial institutions doing business with or
eligible to do business with.the City. *'
*Dentitions
"Applicable investments"relates to investments held by the designated employee,
spouse and dependent chicken-with an aggregate value of$2,000 or more located or
doing business in the jurisdiotien, It includes investments held by a business entity or
trust in which the designated employee, spouse and dependent children have an aggregate
interest of 10% or greater.
• "Applicable business positions" relates to positions in-which the designated employee-
was a director,officer, pawner,trustee, ewployee•or held any position of management
during the period covered by the repot, even if the designated employee received no '
income from the business entity during'tbe period.
"Applicable income" includes the designated employee's gross income(including loans)
. and the employee's community property interest in his or her spouse's gross Income
aggregating$500 or more received from any source located in or doing business in the
jurisdiction.Please note that loans are reported on aseparate schedule, •
•
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162
"Applicable gift" includes anything of value for which the designated employee has not
provided equal or greater consideration to the donor.A gift is reportable if its fair market
value is$50 or more. in addition,multiple gifts aggregating$50 or more received during
the reporting period from a single source must be reported. Unless otherwise expressly
limited In the Disclosure Categories, gifts are reportable without regard to where The
donor is located,
"Applicable interest in real property" includes those located in The jurisdiction in
which the employee,spouse,or dependent children had a direct,indirect,or beneficial
interest aggregating$2;000 or more any time during the reporting period.The employee •
Is not required to report a residence used exclusively as a personal residence.
"Jurisdiction" means the City of Tduttthngton Beach,Real property is deemed to be
"'within 4ihin the jurisdiction"if the property or any part of it is located in or within two miles
of the boundaries of the City or any property owned or used by the City,unless a.smaller
area Ls speckled in the Disclosure Category.
•
•
•
•
•
•
14..4324/112105 3 •
•
163
Res. No. 2018-58
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 October 15, 2018 by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
RECUSE: None
943/alzd.144d
City Clerk.and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
164