Costa Mesa Municipal Code Ch. X Conflict of Interest Code

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 has adopted a regulation (2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix A[1] designating officials and employees and establishing disclosure categories shall constitute the conflict of interest Code of the City of Costa Mesa.

(Ord. No. 98-22, § 1, 9-21-98; Ord. No. 00-18, § 1, 11-20-00; Ord. No. 04-10, § 1, 10-4-04)

[1]

Appendix A of Ord. No. 98-22, adopted Sept. 21, 1998, referred to in § 2-401 above, has not been included within this Code but may be found on file and is available for public inspection in the office of the city clerk.

(a) The positions listed on Appendix A are designated positions. Officers and employees holding those positions are designated employees and are deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest.

(b) As set forth in Appendix A[1], designated employees shall file their disclosure statements with the city clerk's office of the city which will make the statements available for public inspection and reproduction as required by Government Code section 81008, and any amendments thereto. Statements for all designated employees will be retained by the city clerk's office of the city.

[1]

Appendix A of Ord. No. 98-22, adopted Sept. 21, 1998, referred to in § 2-402 above, has not been included within this Code but may be found on file and is available for public inspection in the office of the city clerk.

(c) All designated employees required to submit a statement of financial interests shall file the original with the city council of the City of Costa Mesa, or its duly authorized agent.

(d) The city council may update the list of designated positions and employees shown on appendix "A" by a city council resolution.

(Ord. No. 98-22, § 1, 9-21-98; Ord. No. 00-18, § 1, 11-20-00; Ord. No. 02-20, § 1, 12-2-02; Ord. No. 04-10, § 2, 10-4-04)

Designated 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 in that employee (except sources of gifts less than $250). 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.

(Ord. No. 98-22, § 1, 9-21-98; Ord. No. 00-18, § 1, 11-20-00)

Except as otherwise provided, the definitions contained in the Political Reform Act of 1974 (Government Code section 8100 et seq.), the regulations of the Fair Political Practices Commission, and any amendments to the act or regulations, shall be incorporated into this conflict of interest code.

(Ord. No. 98-22, § 1, 9-21-98; Ord. No. 00-18, § 1, 11-20-00)