Chapter 2.16 — CONFLICT OF INTEREST CODE

In compliance with the Political Reform Act of 1974, California Government Code Section 81000, et seq., the city adopts this conflict of interest code, which shall be applicable to all designated employees of the city as specifically required by California Government Code Section 87300. This code has the force and effect of law. Designated employees violating this code are subject to the sanctions provided in Chapter II of the Political Reform Act, Government Code Section 91000, et seq.

(Prior code § 2600)

Unless otherwise indicated, the definitions contained in the Political Reform Act of 1974, Government Code Section 81000, et seq., the Regulation of the Fair Political Practices Commission adopted pursuant thereto, any amendments to the Act and Regulations are incorporated into this chapter. A copy of this code shall be on file with the Orland city clerk.

(Prior code § 2610)

Government Code Section 87302(a) requires that persons who occupy positions within the city which involve the making, or participation in the making, of decisions which may foreseeably have a material effect on any financial interest shall be designated employees. All persons who hold the positions enumerated in Section 2.16.040 are designated employees and must disclose all economic interests set forth in such section.

(Prior code § 2601)

The provisions of Title 2, Section 18730, of the California Code of Regulations, as amended by the Fair Political Practices Commission from time-to-time, together with (1) Appendix "A" set forth following this

chapter of the designated positions, and (2) Appendix "B" set forth following this chapter of the disclosure categories, shall constitute the Conflict of Interest Code of the city.

(Ord. 2004-12 § 3 (part): prior code § 2602)

(Ord. No. 2008-05, § 3, 10-20-2008; Ord. No. 2010-02, § 3, 10-4-2010;Ord. No. 2016-07, § 3)

An initial statement shall be filed by each designated employee within ten (10) days after the effective date of the ordinance codified in this chapter disclosing investments in business entities and interests in real property made reportable by Section 2.16.040. All new designated employees shall file statements not less than ten (10) days before assuming office or, if subject to confirmation, ten (10) days before being confirmed, unless an earlier assumption of office is required by the city.

(Ord. 96-11 § 2; prior code § 2603)

All designated employees shall file annual statements of economic interest no later than February 28 of the annual reporting period. All other persons shall file annual statements of economic interest no later than April 1 of the annual reporting period.

(Ord. 2004-12 § 3 (part): prior code § 2604)

(Ord. No. 2008-05, § 3, 10-20-2008; Ord. No. 2010-02, § 3, 10-4-2010;Ord. No. 2016-07, § 3)

Designated employees appointed, promoted or transferred to designated positions within the city shall file initial statements disclosing reportable investments in business entities and interests in real property within thirty (30) days after assuming office.

(Prior code § 2605)

Any designated employee whose employment with the city is terminated, voluntarily or involuntarily, shall, within thirty (30) days after termination, file a statement disclosing investments in business entities, interests in real property and income, covering the period between the closing date of the previous statement of economic interests and the termination date.

(Prior code § 2606)

The statements shall be filed with the Orland city clerk.

(Prior code § 2607)

The manner of reporting reportable interests shall be pursuant to Government Code Sections 87206 and 87207.

(Prior code § 2608)

A designated employee must disqualify himself or herself from making or participating in the making of any decisions which will forseeably have a material financial effect, distinguishable from its effect on the public generally, on any reportable economic interest (except gifts of less than two hundred fifty dollars ($250.00)) or upon any business entity in which the designated employee holds a position of management or is a director, officer, partner, sole owner, trustee or employee. No member 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.

(Prior code § 2609)

APPENDIX A

Position Disclosure Category

City Manager/Finance Director Note 1 below

City Attorney Note 1, below

City Clerk Note 1, below

City Treasurer Note 1, below

Accounting Manager 2, 3, 4

Public Works Director 2, 3, 4

Community Services Director/Planner 2, 3, 4

Building Official 3, 4

Building Inspector 3, 4

City Engineer 2, 3, 4

Chief Waste Water Treatment Plant Operator 2, 3, 4

Police Chief 2, 3

Police Records/Communications Manager 2, 3, 4

Director of Parks and Recreation 2, 3

Deputy City Clerk 1

Library Director 2, 3

Fire Chief 2

City Council Members Note 1, below

Planning Commissioners Note 1, below

Arts Commissioners 1

Economic Development Commissioners 1

Public Works and Safety Commissioners 1

Recreation Commissioners 1

Consultants Note 2, below

Administrative Services Manager 2, 3, 4

1. Although listed here, this position does not fall into the category of "designated employee" because it is a position identified in Government Code Section 87200 and the Government Code itself specifies the filing requirements for this position.

2. Consultants shall be included in the lists of designated employees and shall disclose pursuant to the broadest disclosure category in the code 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 in this section. Such written determination shall include a description of the 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.

comply with the disclosure requirements described in this section. Such written determination shall include a description of the 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.

(Ord. No. 2008-05, § 3, 10-20-2008; Ord. No. 2010-02, § 3, 10-4-2010;Ord. No. 2016-07, § 3; Ord. No. 2020-11, § 3)

APPENDIX B

MASTER LIST OF DISCLOSURE CATEGORIES SPECIFICATION SHEET REPORTABLE INVESTMENTS, INTERESTS IN REAL PROPERTY, AND INCOME CONFLICT OF INTEREST CODE FOR THE CITY OF ORLAND

Disclosure Category:

1. All investments and business positions in business entities, sources of income, and interests in real property.

2. Investments and business positions in business entities, and sources of income from entities providing supplies, services, equipment, or machinery of the type used by the designated employees unit.

3. Investments and business positions in business entities, and income from sources engaged in construction, building, or material supply.

4. Investments and business positions in, and income from sources engaged in, the construction of public works projects.

(Ord. No. 2008-05, § 3, 10-20-2008; Ord. No. 2010-02, § 3, 10-4-2010; Ord. No. 2016-07, § 3)