Chapter 2.9 — CONFLICT OF INTEREST CODE

The Political Reform Act prohibits public officials from using their official position to influence governmental decisions in which they have a financial interest. A conflict of interest code identifies all officials and employees within the agency who make governmental decisions based on positions they hold and those persons must disclose their financial interests by filing the Fair Political Practices Commission form called the Statement of Economic Interests (Form 700). In appropriate circumstances, officials and employees should be disqualified from acting in order that conflicts of interest may be avoided.

(Ord. 10-10, 7/13/2010; Ord. 15-22, 10/11/2022)

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 California Code of Regulations Section18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code 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 Appendix adopted biennially by resolution of the Oakley City Council, designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Oakley (City). (Ord. 10-10, 7/13/2010; Ord. 15-22, 10/11/2022)

Individuals holding designated positions shall file their statements of economic interests with the City, which will make the statements available for public inspection and reproduction (Government Code Section 81008). Upon receipt of statements being filed pursuant to Government Code Section 87200, the City shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the City. Originals and copies of all statements shall be maintained in accordance with Fair Political Practices Commission retention guidelines. The provisions of this section shall not prohibit electronic filing of statements of economic interests.

(Ord. 10-10, 7/13/2010; Ord. 15-22, 10/11/2022)

§ 2.9.008. Positions Stated in Government Code Section 87200.

Positions including, but not limited to, City Councilmembers, Planning Commissioners, City Manager, City Attorney and Finance Director, and candidates for any of these positions, shall file the Fair Political Practices Commission Statement of Economic Interests form (Form 700) in accordance with Government Code Section 87200 et seq. (Ord. 10-10, 7/13/2010; Ord. 17-10, 9/28/2010; Ord. 05-12, 6/12/2012; Ord. 01-14, 1/14/2014; Ord. 16-18, 10/9/2018; Ord. 15-22, 10/11/2022)

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City of Oakley, CA

ADMINISTRATION

§ 2.9.010

§ 2.9.022

Positions stated in Sections 2.9.006 and 2.9.008 are required to complete ethics training within thirty (30) days of assuming the position and every two (2) years thereafter until separation from the position.

(Ord. 10-10, 7/13/2010; Ord. 15-22, 10/11/2022)

Amendments to designated positions and disclosure categories may be made by adoption of a resolution by the Oakley City Council.

(Ord. 10-10, 7/13/2010; Ord. 15-22, 10/11/2022)

No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on:

• a. Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;

• b. Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;

• c. Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within twelve (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 $470 or more provided to, received by, or promised to the designated employee within twelve (12) months prior to the time when the decision is made.

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City of Oakley, CA § 2.9.022

OAKLEY CODE

§ 2.9.028

(Ord. 10-10, 7/13/2010; Ord. 16-18, 10/9/2018)

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. 10-10, 7/13/2010)

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 must be accompanied by written disclosure of the disqualifying interest. This determination and disclosure shall be made in writing to the City Manager, who shall forward the disclosure to the City Clerk for filing.

(Ord. 16-08, 11/25/2008; Ord. 10-10, 7/13/2010)

This chapter 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, California Government Code Sections 81000 through 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of California Government Code Section 87100 through 87450 has occurred may be set aside as void pursuant to California Government Code Section 91003.

(Ord. 10-10, 7/13/2010)

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City of Oakley, CA

ADMINISTRATION

§ 2.9.028

CHAPTER 2.10 HOLIDAYS

(Ord. 02-10, 2/9/2010)

Except as otherwise provided by this Code, or any ordinance or resolution of the City Council, or as provided in the City’s adopted Employee Handbook, holidays shall be observed on all Saturdays and as specified in Government Code Section 6700 et seq. This chapter is declarative of existing practice, and thus creates no change in the schedule, benefit, leave or compensation of any City employee or contractor.

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City of Oakley, CA

ADMINISTRATION

§ 2.11.002

§ 2.11.006