Ridgecrest Municipal Code § 2-90 Electronic filing of campaign statements and statements of economic…

The city will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

(Code 1980, § 2-8.101; Ord. No. 96-03)

(a) The Political Reform Act (Government Code § 81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The fair political practices commission (FPPC) has adopted a regulation (2 California Code of Regulations § 18730), which contains the terms of a standard conflict of interest code. After public notice and hearing, it may be amended by the FPPC to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations § 18730, and any amendments to it duly adopted by the FPPC, are hereby incorporated into the conflict of interest code of the city by reference. This regulation designating officials and employees and establishing economic disclosure categories shall constitute the conflict of interest code of the city.

(1) All officials and employees required to submit a statement of economic interests shall file their statements with the city clerk, or designee. The city clerk shall make and retain a copy of all statements filed by the city council, city manager, mayor, director of finance, and city attorney, and forward the originals of such statements to the fair political practices commission.

(2) The city shall retain the originals of statements for all other designated positions named in the city's conflict of interest code. All retained statements, original or copied, shall be available for public inspection and reproduction (Government Code § 81008).

(b) The following categories are established for the purpose of conflicts of interest disclosure:

(1) Category 1. Persons in this category shall disclose all investments, business positions and sources of income, including gifts, loans, and travel payments.

(2) Category 2. Persons in this category shall disclose all interests in real property within the city's jurisdiction. The definition of the term "interests in real property," as used herein, can be found in the Political Reform Act (see Government Code § 82033).

(3) Category 3. Persons in this category shall disclose all income (including gifts, travel payments, and loans) from investments in and business positions with business sources that provide leased facilities, manufacture, provide, or sell services (including consulting and training services) and/or supplies (including goods, equipment, vehicles, or machinery) of a type utilized by the city and associated with the job assignment of designated positions assigned this disclosure category. The definition for the term "income and gift," as used herein, can be found in the Political Reform Act (see Government Code §§ 82028 and 82034).

(4) Category 4. Persons in this category shall disclose all investments, business positions, and income, including gifts, loans and travel payments, from sources that are subject to the regulatory, permit, or licensing authority of, or have an application for a license or permit pending before the city and associated with the job assignment of designated positions assigned this disclosure category.

(5) Category 5. Individuals who perform under contract the duties of any designated position shall be required to file statements of economic interests disclosing reportable interest in the categories assigned to that designated position. In addition, individuals who, under contract, participate in decisions which affect financial interests by providing information, advice, recommendation, or counsel to the city which could affect financial interest shall be required to file statements of economic interests, unless they fall within the Political Reform Act's exceptions to the definition of the term "consultant." The level of disclosure shall be as determined by the city manager or designee.

(c) The following employees, hereinafter "designated employees," shall file disclosure statements for all categories of disclosure:

Employees appointed on interim or temporary duty for these designated positions.

(d) Consultants/new positions are included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitations: the city manager or his designee may determine in writing that a particular consultant or new position, 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 disclosure requirements in this section. Such written determination shall include a description of the consultant's or new position's duties and, based upon that description, a statement of the extent of disclosure requirements. The city manager or his designee'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 (Government Code § 81008).

(Code 1980, § 2-8.102; Ord. No. 96-03; Ord. No. 12-01, § 2; Ord. No. 14-01, § 2; Ord. No. 17-01, § 1; Ord. No. 20-05, § 1, 10-7-2020; Ord. No. 22-05, § 1, 10-5-2022; Ord. No. 24-07, § 1, 9-18-2024)

The city has entered into a contract with the board of administration, California Public Employees Retirement System (PERS) which provides pension benefits for city employees. The PERS contract may be amended by ordinance.

(Code 1980, § 2-8.103; Ord. No. 96-03)

Editor's note— Amendments to the PERS contract may be found in the office of the city clerk, per Ordinance No. 02-02.

(a) Required use of electronic filing system.

(1) Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Government Code chapter 4—Political Reform Act (commencing with section 84100) shall file those statements, reports, or other documents online or electronically with the city clerk. Elected officers, candidates, or committees required to file campaign statements must file such statements using the city clerk's online system, unless exempt from the requirement to file online pursuant to Government Code § 84615(a) because the officer, candidate, or committee receives less than $2,000.00 in contributions and makes less than $2,000.00 in expenditures in a calendar year. All other individuals required to file statements of economic interest or campaign statements according to the city's adopted code of conflict of interest must file electronically using the city clerk's online system.

(2) Any person holding a position listed in Government Code § 87200 or designated in the city's local conflict of interest code adopted pursuant to Government Code § 87300, shall file any required statement of economic interest reports (Form 700) online or electronically with the city clerk.

(3) The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.

(4) The online filing system shall only accept a filing in the standardized record format that is developed by the secretary of state pursuant to Government Code § 84602(a)(2) and that is compatible with the secretary of state's system for receiving an online or electronic filing.

(5) The online filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Government Code § 81004.

(6) The online filing system shall enable electronic filers to complete and submit filings free of charge.

(b) Filing options when a copy must be filed with city clerk. In any instance in which an original statement, report or other document must be filed with the secretary of state and a copy of that statement, report or other document is required to be filed with the city clerk, the filer may file the copy electronically with the city clerk, or may file in a paper format.

(c) Internet posting of data.

(1) The city clerk's system shall make all the data filed available on the city's webpage in an easily understood format that provides the greatest public access. Within 72 hours of each applicable filing deadline, the statements, reports, forms, or other documents, whether filed electronically or in paper format, shall be available and posted on the city's internet website. If the final day of the 72-hour period is a Saturday, Sunday or holiday, the period is extended to the next day that is not a Saturday, Sunday, or holiday. Before posting, the city clerk shall redact the street name and building number of the persons or entity representatives listed on any statement, report, or document, or any bank account number required to be disclosed by the filer. Providing a link on the city's internet website to the statement, report, or other document satisfies this requirement. The reports and statements must remain on the city's internet website for at least four years from the date of election associated with the filing. The data shall be made available free of charge.

(d) Paper filing not required after electronic filing. Any elected officer, candidate, or committee who has electronically filed a statement using the city clerk's online system is not required to file a copy of that document in paper format with the city clerk.

(e) Paper filing when cannot file electronically. If the city clerk's system is not capable of accepting a statement due to technical difficulties, an elected officer, candidate, or committee shall file that statement in paper format with the city clerk.

(f) Records retention.

(1) The city clerk's office shall make a complete, unredacted copy of the statement, report, form, or other document available to any persons upon request.

(2) The city clerk's office shall maintain, for a period of at least ten years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose.

(3) Filings received electronically by the city clerk's office are designated as the filings of record for the city.

(Ord. No. 21-06, § 2, 6-16-2021)