RPVCCA_CC_SR_2012_09_04_D_Adoption_Of_FPPC_Form_806CITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
CARLA MORREALE,CITY CLER~
SEPTEMBER 4,2012
CONSIDER ADOPTION OF FAIR POLITICAL PRACTICES
COMMISSION FORM 806 (SUPPORTS 2012 COUNCIL GOAL
REGARDING GOVERNMENTAL TRANSPARENCY)
CAROLYN LEHR,CITY MANAGER ~
RECOMMENDATION
Adopt Fair Political Practices Commission (FPPC)Form 806,which contains information
regarding appointments of Council Members to outside committees,boards,and
associations for which compensation is paid.Direct the City Clerk to update the
document as necessary and post it on the City's website as mandated by the FPPC
regulation.
DISCUSSION
The City Council makes appointments of its Council Members to serve on the boards of
intergovernmental organizations and associations,some of which may provide
compensation to the appointed Council Member.Typically,these appointments are
made at the beginning of each calendar year,after the December reorganization of the
City Council.
In March 2012,the Fair Political Practices Commission amended FPPC Regulation
18705.5 to allow a Public Official to participate in a decision that would appoint
him/herself to an external board position,under a specific condition.That condition,as
specified in FPPC Regulation 18705.5(c)(3),mandates that the City Council "adopts and
posts on its website,on a form provided by the Fair Political Practices Commission,a list
that sets forth each appointed position for which compensation is paid,the salary or
stipend for each appointed position,the name of the public official who has been
appointed to the position and the name of the public official,if any,who has been
appointed as an alternate,and the term of the position."
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Consider Adoption of FPPC Form 806
September 4,2012
Page 20f2
In May 2012,the FPPC adopted Form 806 (Agency Report of Public Official
Appointments)to be used by the agency to report additional compensation that officials
receive when appointing themselves to positions on committees,boards or commissions
of a public agency,special district,and joint powers agency or authority.This form is to
be completed by the agency and posted on its website,and updated as changes occur.
After the City Council adopts Form 806 this evening,it will be posted on the City's
website and updated as necessary,as directed by the FPPC.
Attachment:
FPPC Form 806
FPPC Regulation 18705.5
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Agency Report of:
Public Official Appointments
1.Agency Name
City of Rancho Palos Verdes
Division,Department,or Region (If Applicable)
Designated Agency ontact (Name,Title)
Carla Morreale,City Clerk
A Public Document
California 806
Form
For Official Use Only
Date Posted:
Area Code/Phone Number
(310)544-5208
2.Appointments
E-mail
carlam@rpv.com
Page __of __
(Month,Day,Year)
Sanitation Districts
(District No.5 &South
Bay Sanitation District)
Misetich,Anthony~Name-_----""(L""ast':",F""lrs""t)------~..Q!j"!'u~
ApptDate
187.50~Per Meeting:$------
~Estimated Annual:
0$1,001-$2,000 0_--"",.-_
other
Brooks,Susan
Alternate,if any ------;:(L~ast::-,'=Flrs-.t):------1 year~---=------Length of Term
0$0-$1,000 ~$2,001-$3,000
~Name __----""(L""as~t.F~/rst""j------~--'--'--ApptDat8
~Per Meeting:$------
0$1,001-$2,000 O_--::~_
Other
Alternate,if any ------;:(L:'::ast::".'=FIr-.st):------~--------Length of Term
~EstimatedAnnual:
0$0-$1,000 0$2,001-$3,000
3.Verification
~Name __----..,,(L.,.,ast~,j!,.,I,""st)------
Alternate,if any ------;:(La~s::-t.'=First""):------
~Name __----"'!1(L':::ast~,F~/rst:11)------
Alternate,if any ------;:(La:'::st::",':':First::j:------
~--'--'--~Per Meeting:$
ApptDate
~Estimated Annual:
~0$0-$1,000 0$2,001-$3,000LengthofTerm
0$1,001-$2,000 0
Other
~Per Meeting:$~--'--'--AppiData
~Estimated Annual:
~0$0-$1,000 0$2,001-$3,000
Length of Term
0$1,001-$2,000 0
Other
I have read and understand FPPC RegUlation 18705.5.I have verified that the appointment and informatiDn identified above is true to the best of my information and belief.
Signature ofAgency Head or Designee
Carolyn Lehr
Print Name
City Manager
Title (Month,Day,Year)
Comment _
FPPC Form 806 (5/12)
FPPC Toll-Free Helpline:866/ASK-FPPC (866/275-3772)
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Agency Report of:
Public Official Appointments
Background
This form is used to report additional compensation that
officials receive when appointing themselves to positions
on committees,boards or commissions of a public agency,
special district,and joint powers agency or authority.For
example,a city council member may be appointed to serve as
the city's representative on a joint powers insurance authority
or a metropolitan planning organization or mayor.(Regulation
18705.5,amended 03.2012)
Each agency must post on its website a single Form 806 which
lists all the paid appointed positions.When there is a change in
compensation or a new appointment,the Form 806 is updated
to reflect the change.The form must be updated promptly as
changes occur.•
Initial Agency Posting
As soon as possible,each agency should prepare a Form
806 identifying all of the current paid appointments to other
governmental agencies.Thereafter,the form may be amended to
include the future appointments.
Instructions
This form must be posted prior to a vote (or consent item)to
appoint a governing board member to a paid position on another
agency.
Part 1.Agency Identification
Identify the agency name and information on who should be
contacted for information.
Part 2.Appointments
Identify the name of the other agency,board or commission.List
the name of the official,and an alternate,if any.
List the appointment date and the length of term the agency
official will serve.Disclose the stipend provided per meeting and
the estimated annual payment.The annual salary is an estimate
as it will likely vary depending on the number of meetings.It is
not necessary to revise the estimate at the end of the calendar
year.
Part 3.Verification
The agency head or his/her designee must sign the verification.
Frequently Asked Questions (FAQs)
1.When does an agency need to complete the Form 806?
A Form 806 is required when an agency's board members
vote on an appointment for a board member to serve on
another governmental agency and pay is provided.
2.The city council votes to serve as the city's housing authority,
a separate entity.Will the Form 806 be required?
If the council members receive an additional compensation
for serving on the housing authority,the Form 806 is required.
If there is no payment,the Form 806 is not required.
California 806
Form
A Public Document
3.Are appointments made by a governing board to appoint
one of its members to serve as an officer of that board for
additional pay (e.g.mayor)required to be disclosed on Form
806?
Yes.Regulation 18705.5 permits voting on your own
appointment to position of mayor as well as other boards and
commissions so long as proper disclosure on the Form 806 is
made.This exception and disclosure apply to agencies with
governing boards that are elected or appointed.
4.In determining the salary,must the agency include mileage
reimbursements,travel payments,health benefits,and other
compensation?
No.The FPPC regulation only requires the reporting of the
stipend or salary.
5.Which agency must post the Form 806?
The agency that is voting to appoint a public official must post
the Form 806 on its website.The agency that the official will
serve as a member is not required to post the Form 806.The
form is not sent to the FPPC.
6.When must the Form 806 be amended?
The Form 806 should be amended promptly upon any of
the following circumstances:(1)the number of scheduled
meetings is changed,(2)there is a change in the
compensation paid to the members,or (3)there is a change
in membership on the board or commission.
7.When a body meets irregularly,how should the annual
compensation be estimated?
The agency should estimate compensation using the highest
number of meetings.
8.In 2013 our agency will have a new appointment to a new
agency.How is the Form 806 updated?
Before the agency votes on the appointment,the agency
should update the Form 806 and identify the other
governmental entity's name.If known,also include other
information such as the number of meetings and stipend.
As long as that information is posted prior to a vote of
the governing board on an appointment,the agency is in
compliance with Regulation 18705.5.Following the vote,the
agency must update the form to identify the individual that
will serve.
Privacy Information Notice
Information requested by the FPPC is used to administer and
enforce the Political Reform Act.Failure to provide information
may be a violation subject to penalties.All reports are public
records available for inspection and reproduction.Direct
questions to FPPC's General Counsel.Fair Political Practices
Commission,428 J Street,Ste.620,Sacramento,CA 95814.
FPPC Form 806 (5/12)
FPPC Toll-Free Helpline:866IASK-FPPC (8661275-3772)
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Agency Report of:
Public Official Appointments
Continuation Sheet
1.Agency Name
City of Rancho Palos Verdes
2.Appointments
California 806
Form
A Public Document
Page __of __
Date Posted:-'""(""'M"'on:::lth'l:'",'D;';:a':':'y,"tY,r.:'ea;;;rJr--
~Name------rr(La;;;stn,F'ii:lrstSiij------
Alternate,if any -----7.'(La=sr:-:,F:;;;;rs:;;tj-----
~Name -------n(La:::st~,FOklrsSiitj:-------
Alternate,if any -----7:'(La:':st:-:,F;:::;rs::::tj-----
~Name-------(~La:::st;;,F'i;;lrst:iij------
~,'----;:;p;o;;;
~---~--Length of Tenn
~,,--;:;p;o;;;--
~--~~--Length of Term
~, ,--;:;p;o;;;--
~Per Meeting:$_
~Estimated Annual:
0$0-$1,000 0 $2,001-$3,000
0$1,001-$2,000 o_--,,~_
Other
~Per Meeting:$_
~Estimated Annual:
0$0-$1,000 0 $2,001-$3,000
0$1,001-$2,000 01_---,,,,...._
Other
~Per Meeting:$_
~Estimated Annual:
0$1,001-$2,000 0 __.""..__
Other
Alternate,if any -----7.(L:':as:""t'F::::;rs::::tj:------~---~--Length of Term
0$0-$1,000 0$2,001-$3,000
~Name -------n(L;;as~t,FFiilrstSiij:-------
Alternate,if any -----7.'(L:':est:-:,F;:::;rst::::j:------
~Name------rr(La:::st;;,F'i;;lrst:iij------
Alternate,if any -----7:'(La::sr:-:,F:;;:;rs::::tj-----
~Name -------n(L::ast~,F1!1:;rs:iitj------
~,,------Appt Date
~---~--Length of Term
~,,------ApptDate
~--:-~:':"':"-Length of TSfTn
~--'--'--ApptDate
~Per Meeting:$_
~Estimated Annual:
0$0-$1,000 0 $2,001-$3,000
0$1,001-$2,000 O_---;~-
Other
~Per Meeting:$_
~Estimated Annual:
0$0-$1,000 0 $2,001-$3,000
0$1,001-$2,000 D_--,,~_
Other
~Per Meeting:$_
~Estimated Annual:
0$1,001-$2,000 0 __=:--_
Other
Alternate,if an y -----7.'(La="':-:,F:;;:;rs:iitj-----~--~-:=----Length of Term
0$0-$1,000 0$2,001-$3,000
FPPC Form 806 (5/12)
FPPC Toll-Free Helpline:866/ASK·FPPC (866/275-3772)
D-5
(Regulations of the Fair Political Practices Commission,Title 2,Division 6,California Code of
Regulations)
§18705.5.Materiality Standard:Economic Interest in Personal Finances.
(a)A reasonably foreseeable financial effect on a public official's or his or her immediate
family's personal finances is material if it is at least $250 in any 12-month period.When
determining whether a governmental decision has a material financial effect on a public official's
economic interest in his or her personal finances,neither a financial effect on the value of real
property owned directly or indirectly by the official,nor a financial effect on the gross revenues,
expenses,or value of assets and liabilities of a business entity in which the official has a direct or
indirect investment interest shall be considered.
(b)The financial effects of a decision which affects only the salary,per diem,or
reimbursement for expenses the public official or a member of his or her immediate family
receives from a federal,state,or local government agency shall not be deemed material,unless
the decision is to appoint,hire,fire,promote,demote,suspend without payor otherwise take
disciplinary action with financial sanction against the official or a member of his or her
immediate family,or to set a salary for the official or a member of his or her immediate family
which is different from salaries paid to other employees of the government agency in the same
job classification or position,or when the member of the public official's immediate family is the
only person in the job classification or position.
(c)Notwithstanding subsection (b),pursuant to Section 82030(b)(2)and Regulation
18232,a public official may make,participate in making,or use his or her official position to
influence or attempt to influence,a government decision where all of the following conditions
are satisfied:
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(1)The decision is on his or her appointment as an officer of the body of which he or she
is a member (e.g.,mayor or deputy mayor),or to a committee,board,or commission of a public
agency,a special district,a joint powers agency or authority,a joint powers insurance agency or
authority,or a metropolitan planning organization.
(2)The appointment is one required to be made by the body of which the official is a
member pursuant to either state law,local law,or a joint powers agreement.
(3)The body making the appointment referred to in paragraph (1)adopts and posts on its
website,on a form provided by the Commission,a list that sets forth each appointed position for
which compensation is paid,the salary or stipend for each appointed position,the name of the
public official who has been appointed to the position and the name of the public official,if any,
who has been appointed as an alternate,and the term of the position.
COMMENT:Cross-references:For the definition of "immediate family,"see Government Code
section 82029.
Note:Authority cited:Section 83112,Government Code.Reference:Sections 87100,87102.5,
87102.6,87102.8 and 87103,Government Code.
HISTORY
1.New section filed 11-23-98;operative 11-23-98 pursuant to the 1974 version of Government
Code section 11380.2 and title 2,California Code of Regulations,section 18312(d)and (e)
(Register 98,No.48).
2.Change without regulatory effect amending section heading filed 3-26-99 pursuant to section
100,title 1,California Code of Regulations (Register 99,No.13).
3.Editorial correction of History 1 (Register 2000,No.25).
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4.Amendment of section heading and section filed 1-17-200 I;operative 2-1-200 I.Submitted to
OAL for filing pursuant to Fair Political Practices Commission v.Office ofAdministrative Law,
3 Civil CO I 0924,California Court of Appeal,Third Appellate District,nonpublished decision,
April 27,1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements)(Register 2001,No.3).
5.Amendment of subsection (a)filed 1-16-2002;operative 2-15-2002 (Register 2002,No.3).
6.Amendment of subsection (b)filed 6-21-2005;operative 7-21-2005 (Register 2005,No.25).
7.Amendment of subsection (a)filed 12-18-2006; operative 1-17-2007.Submitted to OAL for
filing pursuant to Fair Political Practices Commission v.Office ofAdministrative Law,3 Civil
COI0924,California Court of Appeal,Third Appellate District,nonpublished decision,April 27,
1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements)(Register 2006,No.51).
8.New subsections (c)-(c)(3)filed 4-23-2012;operative 5-23-2012.Submitted to OAL for filing
pursuant to Fair Political Practices Commission v.Office ofAdministrative Law,3 Civil
CO 10924,California Court of Appeal,Third Appellate District,nonpublished decision,April 27,
1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements and not subject to procedural or substantive review by OAL)(Register 2012,
No.17).
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