Earlier editions: 2026-07
Encinitas Municipal Code Ch. 2.12 Conflict of Interest Code
Encinitas Municipal Code · 2026-10 edition · updated 2026-10-04 · Encinitas
Cite as: Encinitas Municipal Code Chapter 2.12 · Text as of 2026-10-04
§ 2.12.010. Purpose.¶
A. The Political Reform Act of 1974 (Government Code Section 81000 et seq., "Act" herein), requires the City to adopt and promulgate a conflict of interest code. The Fair Political Practices Commission has adopted a regulation, California Code of Regulations Section 18730, which contains the terms of the Standard Conflict of Interest Code and amendments thereto by the Fair Political Practices Commission in accordance with the Act.
B. This chapter shall be known as the "Conflict of Interest Code" of the City.
C. Nothing in this chapter is intended to modify or abridge the provisions of the Act commencing with Government Code Section 87100, which is applicable to all public officials of the City and directs that no public official of the City shall make, participate in the making or in any way attempt to use their official position to influence a City decision in which the official knows, or has reason to know, that he or she has a financial interest as defined by the Act.
D. Nothing in this chapter is intended to modify or abridge the provisions of the Act commencing at Government Code Section 87200, which requires the Mayor, members of the City Council, members of the Planning Commission, City Manager, City Attorney, City Treasurer, and other public officials who manage public investments to file a financial disclosure statement using Form 700.
E. This chapter intends to designate those public officials of the City who are involved in City decisions, and to require designated officials to disclose those financial interests (using Form 700) which could foreseeably be affected, in a material manner, by a City decision made by the official in the performance of the official's responsibilities.
(Ord. 92-26; Ord. 95-08; Ord. 2018-08)
§ 2.12.015. Amendment and Review.¶
A. Amendment.
Changed Circumstances. Changed circumstances includes, but is not limited to, the following: the creation of new positions which must be designated pursuant to this chapter and relevant changes in the duties assigned to existing positions.
Amendment Due to Changed Circumstances. Within 90 days after the changed circumstances necessitating the amendment to this chapter become apparent, the City Manager shall submit a proposed amendment to the City Council.
Manner of Amendment. This chapter shall be amended by the City Council after a noticed public hearing is held prior to introduction of the proposed amendment.
B. Biennial Review.
No later than July 1st of each even-numbered year, the City Manager or designee shall review this chapter.
If a change in this chapter is necessitated by changed circumstances, it shall be amended pursuant to subsection A of this section.
If no change in this chapter is required, the City Manager shall submit a written statement to that effect to the City Council no later than October 1st of the same year.
(Ord. 2018-08)
§ 2.12.020. Definitions Incorporated.¶
Unless otherwise indicated, the definitions of the Act, regulations and amendments thereto and binding judicial opinions thereon are incorporated herein, and this chapter shall be interpreted in a manner consistent with such definitions.
§ 2.12.030. Standard Code.¶
A. By this reference, California Code of Regulations Section 18730, the Standard Conflict of Interest Code, is incorporated herein together with each and every amendment thereto duly adopted by the Fair Political Practices Commission.
B. The filing officer shall maintain three copies of the Standard Conflict of Interest Code for the public review.
§ 2.12.040. Filing Officer.¶
The City Clerk is the filing officer of the City.
§ 2.12.050. Disclosure Categories.¶
A. Category 1—Investments and business positions in any business entity located in or doing business with the City.
B. Category 2—Interests in real property located in the City, including property located within a two-mile radius of any property owned or used by the City.
C. Category 3—Income and gifts from sources located in or doing business with the City received during the reporting period.
D. Category 4—Investments and business positions (as described in Category 1) located in or doing business with the City or which foreseeably could do business with the City; and all income from a source (as described in Category 3) located in or doing business with the City or which foreseeably could do business with the City.
(Ord. 2021-14)
§ 2.12.060. Department Positions.¶
The following are the designated positions along with the required disclosure category:
| A. | All positions as may be designated by resolution of the City Council from time to time. | All positions as may be designated by resolution of the City Council from time to time. |
|---|---|---|
| B. | Government Code Section 87200 Designated Filers—Disclosure Categories 1, 2, 3, 4 apply to all positions listed below: | Government Code Section 87200 Designated Filers—Disclosure Categories 1, 2, 3, 4 apply to all positions listed below: |
| 1. | Mayor | |
| 2. | City Council | |
| 3. | City Manager | |
| 4. | City Attorney | |
| 5. | Director of Finance/ |
|
| 6. | Planning Commission | |
| 7. | Mayor and City Council candidates | |
| C. | Designated City Positions—Disclosure Categories 1, 2, 3, 4 apply to all positions listed below: | Designated City Positions—Disclosure Categories 1, 2, 3, 4 apply to all positions listed below: |
| 1. | Accountant I-III | |
| 2. | Administrative Services Director | |
| 3. | Administrative Services Manager | |
| 4. | Arts Program Administrator | |
| 5. | Arts Program Manager | |
| 6. | Assistant Center Manager | |
| 7. | Assistant City Manager | |
| 8. | Assistant Director of Development Services | |
| 9. | Assistant Director of Engineering | |
| 10. | Assistant Finance Director | |
| 11. | Assistant Public Works Director/ |
|
| 12. | Center Manager | |
| 13. | City Clerk & Legislative Services Director | |
| 14. | City Traffic Engineer | |
| 15. | Code Enforcement Officer I-III | |
| 16. | Code Enforcement Supervisor | |
| 17. | Communications Manager | |
| 18. | Department Administrative Support Coordinator | |
| 19. | Department Manager I/ |
|
| 20. | Department Manager I-II | |
| 21. | Deputy City Clerk | |
| 22. | Deputy City Manager | |
| 23. | Deputy Fire Chief | |
| 24. | Deputy Fire Marshal I-II | |
| 25. | Development Services Director | |
| 26. | Director of Engineering/ |
|
| 27. | Emergency Manager | |
| 28. | Engineer I-II | |
| 29. | Engineering Specialist I-III | |
| 30. | Environmental Project Manager | |
| 31. | Facilities Manager | |
| 32. | Facilities Specialist | |
| 33. | Facilities Supervisor | |
| 34. | Finance & City Treasurer Director | |
| 35. | Finance Analyst I-III | |
| 36. | Finance Manager I-III | |
| 37. | Fire Administrative Manager | |
| 38. | Fire Chief | |
| 39. | Fire Marshal | |
| 40. | Fleet Maintenance Manager | |
| 41. | Fleet Maintenance Supervisor | |
| 42. | Geographic Information Systems Analyst I-III | |
| 43. | Homeless Program Coordinator | |
| 44. | Homeless Solutions Manager | |
| 45. | Housing Services Manager | |
| 46. | Human Resources Director | |
| 47. | Human Resources Analyst I-III | |
| 48. | Human Resources Manager | |
| 49. | Human Resources Specialist | |
| 50. | Human Resources Technician I-II | |
| 51. | Information & Technology Director | |
| 52. | Information Technology Analyst I-III | |
| 53. | Information Technology Project Manager | |
| 54. | Information Technology Supervisor | |
| 55. | Lead Inspector | |
| 56. | Management Analyst I-III | |
| 57. | Marine Safety Captain | |
| 58. | Marine Safety Lieutenant | |
| 59. | Marine Safety Sergeant | |
| 60. | Mobility Manager | |
| 61. | Park Operations Manager | |
| 62. | Parks & Beach Supervisor I-II | |
| 63. | Parks, Recreation & Cultural Arts Director | |
| 64. | Planner I-IV | |
| 65 | Planning Manager | |
| 66. | Principal Engineer | |
| 67. | Principal Planner | |
| 68. | Program Administrator | |
| 69. | Public Works Director | |
| 70. | Recreation Services Manager | |
| 71. | Recreation Supervisor I-III | |
| 72. | Risk/ |
|
| 73. | Senior Deputy Fire Marshal | |
| 74. | Senior Engineer | |
| 75. | Senior Finance Analyst | |
| 76. | Senior Human Resources Analyst | |
| 77. | Senior Management Analyst | |
| 78. | Senior Payroll Specialist | |
| 79. | Senior Planner I-II | |
| 80. | Senior Planner I - Mobility Coordinator | |
| 81. | Senior Risk Analyst | |
| 82. | Special Events & Projects Supervisor | |
| 83. | Stormwater Environmental Specialist I-III | |
| 84. | Superintendent | |
| 85. | Sustainability Manager |
(Ord. 99-09; Ord. 2008-20; Ord. 2014-10; Ord. 2016-09; Ord. 2018-08; Ord. 2019-11; Ord. 2020-12; 2021-14; Ord. 2022-10; Ord. 2023-08; Ord. 2024-09, 8/28/2024; Ord. 2025-16, 11/12/2025)
§ 2.12.070. Boards, Commissions, and Committees.¶
Members of the following boards, commissions and committees occupy designated positions with the following disclosure categories:
Position—Disclosure Categories 1, 2, 3 apply to all positions listed below:
A. All members of boards, commissions or committees designated by resolution of the City Council, from time to time.
B. Parks and Recreation Commission.
C. Traffic and Public Safety Commission.
D. Encinitas Ranch Golf Authority Board.
E. Commission for the Arts.
F. Environmental Commission.
G. Public Health and Safety Commission.
(Ord. 96-05; Ord. 98-12; Ord. 2010-17; Ord. 2014-10; Ord. 2016-09; Ord. 2018-08; Ord. 2023-08)
§ 2.12.080. Consultants.¶
A. "Consultant" shall include any natural person who, pursuant to a contract with a local government agency, makes final government decisions or performs substantially all the same duties for an agency that would otherwise be performed by an individual holding a position specified in the agency's conflict of interest code. However, that "consultant" shall not include a person who:
Conducts research and arrives at conclusions with respect to his or her rendition of information, advice, recommendation, or counsel independent of the control and direction of the agency or of any agency official, other than normal contract monitoring; and
Possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel.
B. Disclosure Category. Position Category: Consultant 1, 2, 3.
C. Limitation to the Disclosure Category. The City Manager may determine that a particular consultant, although in 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 in this section. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure required. The determination shall be included in the contract by which the consultant is hired by the City. 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.
(Ord. 94-18)
Get a plain-English answer with a citation back to this text.
Ask AI about this code