Colusa County Municipal Code Art. XVI Conflict of Interest

§ 2-100. Conflict of interest - Disclosure by employees/officials.¶

(Ord. No. 739, § 2; Ord. No. 782, § 1; Ord. No. 790, § 8; Ord. No. 810, §§ 1, 2; Ord. No. 830, § 1; Ord. No. 842 §§ 1 - 3)

(a) The Political Reform Act (Government Code Section 81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (hereinafter “FPPC”) has adopted a regulation (2 Cal. Code of Regs., Section 18730) which contains the terms of a standard conflict of interest code. The FPPC terms can be incorporated by reference in an agency's code and as may be amended by the FPPC to conform to amendments in the Political Reform Act, following public notice and hearing. The Political Reform Act of 1974 requires that agency conflict of interest codes designate the employee positions within that agency “which involve the making or participating in the making of decisions which may foreseeably have a material effect on any financial interest” of the designated employee in Government Code Section 87302(a).

(b) Therefore, the terms of 2 Cal. Code of Regs., Section 18730 et seq. and any amendments thereto which become duly adopted by the FPPC are hereby incorporated into this Code by reference. This regulation and Appendix A, designating Colusa County officials and employees required to file FPPC Form 700 Statement of Economic Interest disclosure forms in addition to the mandatory statutory filing employees and officials pursuant to Government Code Section 87200, and Appendix B, establishing disclosure categories, shall constitute the conflict of interest code for the county of Colusa.

(c) Designated employees and officials shall file statements of economic interest with the county of Colusa county clerk, by April 1st of each year on the form which can be obtained from the office of the county clerk. The county clerk agency shall make all statements available for public inspection and reproduction pursuant to Government Code Section 81008.

(d) Upon the hiring of a new employee and as well as upon the termination of employment for every employee whose position is listed in Appendix A, the county payroll department shall advise the office of the county clerk on a form to be provided by the county clerk of the dates of new hire or termination. Based thereon, the office of the county clerk shall provide information to such employees concerning reporting requirements under this Code.

(e) In the event that the office of the county clerk determines a failure to comply with this reporting requirement has occurred, notice shall be given to the appropriate employee/officer/official. If compliance with the filing does not occur after notice has been given within the time specified in the notice, the county clerk shall report to the board of supervisors the failure to comply. Thereafter, the county clerk shall levy a fine for any statement that is filed late, in the amount of ten dollars per day up to a maximum of one hundred dollars (see Government Code Section 91013). In addition, the county clerk shall report to the board of supervisors any failure to comply on the part of employees/officials subject to the FPPC enforcement division for investigation and possible prosecution. A fine of up to five thousand dollars per violation may also be imposed (see Government Code Section 83116).

Appendix A Schedule of Designated Employees/Officials (Including Temporary or Interim Appointments and the Officials’ Designees)

Positions	Disclosure Categories
Assistant County Agricultural Commissioner, Sealer of Weights and Measures	1, 2, 5, 6
Assistant Assessor	1, 2, 3, 4, 5, 6
Assistant Auditor/Controller	1, 2, 4, 5, 6
Assistant Chief Probation Officer	1, 2, 5, 6
Assistant County Administrative Officer	1, 2, 3, 4, 5, 6
Assistant County Clerk/Recorder	1, 2, 5, 6
Assistant Director, DHHS	1, 2, 5, 6
Assistant Director, Public Works	1, 2, 3, 5, 6
Assistant Risk Manager	1, 2, 5, 6
Assistant Sheriff	1, 2, 5, 6
Assistant Treasurer/Tax Collector	1, 2, 4, 5, 6
Associate Planner	1, 2, 3, 5
Building Maintenance Supervisor	1, 2, 5
Purchasing Coordinator	1, 2, 5
Chief Appraiser	1, 2, 3, 5
Chief Deputy District Attorney	1, 2, 3, 4, 5, 6
Chief Probation Officer	1, 2, 5, 6
Colusa County Grand Jurors	1, 2, 3, 5
County Administrative Officer	1, 2, 3, 4, 5, 6
County Administrative Officer Budget Management Analyst	1, 2, 5, 6
County Agricultural Commissioner, Sealer of Weights and Measures	1, 2, 5, 6
County Airport Advisory Committee Members	1, 2, 3, 4, 5
County Assessor	1, 2, 3, 4, 5, 6
County Auditor/Controller	1, 2, 4, 5, 6
County Board of Supervisor Members	1, 2, 3, 4, 5, 6
County Clerk/Recorder	1, 2, 5, 6
County Groundwater Commission Members	1, 2, 3, 4, 5
County Planning Commission Members	1, 2, 3, 4, 5
County Counsel	1, 2, 3, 4, 5, 6
County Librarian	1, 2, 5, 6
County Sheriff/Coroner	1, 2, 5, 6
Senior Deputy County Counsel	1, 2, 3, 4, 5, 6
Deputy Director, BHS	1, 2, 5, 6
Deputy Director Clinical Program Services, Behavioral Health	1, 2, 5, 6
Deputy Director, DHHS	1, 2, 5, 6
DHHS Budget Management Analyst	1, 2, 5, 6
DHHS Staff Services Manager	1, 2, 5
Director Child Support Services	1, 2, 5, 6
Director of Behavioral Health	1, 2, 5, 6
Director of Human Resources	1, 2, 5, 6
Director of Health and Human Services	1, 2, 5, 6
Director of Community Development	1, 2, 3, 5, 6
Director of Public Works	1, 2, 3, 5, 6
District Attorney	1, 2, 3, 4, 5, 6
Environmental Health Division Manager	1, 2, 3, 5
IHSS Public Authority Services Manager	1, 2, 5
Information Technology Manager	1, 2, 5, 6
Principal Planner	1, 2, 3, 5
Program Manager II, APS and CPS	1, 2
Treasurer/Tax Collector	1, 2, 3, 4, 5, 6
Local District Entities Appointed by Board of Supervisors	As required by district conflict code
Consultants*	1, 2, 3, 4, 5, 6

*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest/disclosure category in the code subject to the following limitation: the county may determine in writing that a particular consultant is hired to perform a range of duties which is limited in scope and thus is not required to comply fully with the disclosure requirements in this section.

Appendix B Schedule of Designated Employees and Officials
The disclosure categories listed below identify the types of investments, business entities, sources of income, or real property which the designated employee and official must disclose for each disclosure category to which they are designated.
Category 1 : All investments and business positions in, and sources of income from, business entities that do business or own real property within the jurisdiction of the county, plan to do business or own real property within the jurisdiction of the county within the next year, or have done business or owned real property within the jurisdiction of the county within the past two years.
Category 2 : All interests in real property which is located in whole or in part within, or not more than two miles outside, the jurisdiction of the county.
Category 3 : All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the county, plan to engage in such activities within the jurisdiction of the county within the next year, or have engaged in such activities within the jurisdiction of the county within the past two years.
Category 4 : All investments and business positions in, and sources of income from, business entities that are banking, savings and loan, or other financial institutions.
Category 5 : All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the county and when the authorization to purchase, lease, acquire or make recommendations on such goods and services is within the scope of responsibilities of the designated employee or official.
Category 6 : All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the designated employee’s or official's department.

Exceptions & meaning →