IA RES 2022-005 RESOLUTION NO. IA 2022-05
A RESOLUTION OF THE IMPROVEMENT
AUTHORITY OF THE CITY OF RANCHO PALOS
VERDES REPEALING AND REPLACING
RESOLUTION NO. IA 2020-07 THEREBY
AMENDING ITS CONFLICT OF INTEREST
CODE PREPARED BY THE FAIR POLITICAL
PRACTICES COMMISSION TO REFLECT
UPDATED REPORTING LIMITS AMONG OTHER
NON-SUBSTANTIVE LEGISLATIVE CHANGES.
WHEREAS, the Political Reform Act, Government Code Section 81000, et seq.,
requires the Rancho Palos Verdes Improvement Authority ("Authority") to adopt a
conflict of interest code for each department of the Authority.
WHEREAS, the Fair Political Practices Commission ("FPPC") has adopted a
Model Conflict of Interest Code (the "Model Code"). The Model Code, codified at Article
2 California Code of Regulations Section 18730, can be incorporated by reference by
the Authority as its conflict of interest code. That Model Code will be amended by the
FPPC from time-to-time to conform to amendments to the Political Reform Act.
WHEREAS, Government Code Section 87306 requires that cities amend their
code during even-numbered years to reflect the creation of new positions, the deletion
of positions, changes in any titles, as well as any changes made to the Political Reform
Act; and,
WHEREAS, since 2020 the FPPC has increased the reporting gift limit under the
Model Conflict of Interest Code from $500 to $520 among other non-substantive
legislative changes, and the Authority is required to amend its Model Code to reflect this
change.
THE RANCHO PALOS VERDES IMPROVEMENT AUTHORITY DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. The Model Code, attached hereto as Exhibit "A" and any
amendments to it duly adopted by the FPPC from time-to-time, and Appendix A, which
sets forth the designated positions and the disclosure categories for each position of the
Authority, are hereby incorporated by reference and shall constitute the Conflict of
Interest Code for the Rancho Palos Verdes Improvement Authority.
Section 2: Pursuant to Resolution No. IA 2020-07, the Authority adopted a
Conflict of Interest Code containing designated positions and disclosure categories. By
this Resolution, the Authority is amending its Conflict of Interest Code to reflect new
reporting gift limits that have increased from $500 to $520 and other non-substantive
legislative changes.
Section 3. Persons holding designated positions listed in Appendix A to this
Resolution shall file Statements of Economic Interest pursuant to Section 5 of the
Conflict of Interest Code (2 CCR 18730(b)(5)) with the information required for the
disclosure category assigned to them.
Section 4. The Authority hereby directs the Secretary of the Authority and the
Authority Counsel to coordinate the preparation of a revised Conflict of Interest Code in
succeeding even-numbered years in accordance with the requirements of Government
Code Sections 87306 and 87306.5. The revised Code should reflect any changes in
department or employee designations. If no revisions to the Code are required, the
Secretary of the Authority shall submit a report no later than October 1st of the same
year, stating that amendments to the Code are not required.
Section 5. Resolution No. IA 2020-07 is hereby repealed in its entirety.
Section 6. The Secretary of the Authority shall certify to the passage and
adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 3rd day of May 2022.
111
diAlP
Chair
Attest:
ditb"ar
om 'scion Secretary
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Teresa Takaoka, Secretary to the Rancho Palos Verdes Improvement
Authority hereby certify that the above Resolution No. IA 2022-05 was duly and
regularly passed and adopted by the said City Council at a regular meeting thereof held
on May 3, 2022.
C ission Secretary
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RESOLUTION NO. IA 2022-05 APPENDIX A
Conflict of Interest Code
Designated Positions and Disclosure Categories
for the Rancho Palos Verdes Improvement Authority ("Authority")
Designated Positions Disclosure Categories
Authority Board Member 1
Chief Administrative Officer 1
Assistant Chief Administrative Officer 2
Director of Finance 2
Deputy Director of Finance 2
Information Technology Manager 2
Director of Community Development 2
Deputy Director Community Development 2
Building Official 2
Building Inspector I 2
Building Inspector II 2
Director of Public Works 2
Director of Recreation and Parks 2
Deputy Director of Recreation and Parks 2
Commission Secretary 2
Principal Civil Engineer 2
Senior Engineer 2
Senior Planner 2
Principal Planner 2
Planning Administrator 2
Treasurer 1
Authority General Counsel 1
Authority Engineer 2
Authority Geologist 2
Project Manager 2
Engineer Technician 2
Consultant 3
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Appendix A
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Disclosure Categories
1. Persons holding designated positions which are assigned a disclosure category of
"1" above are not required to report under this Conflict of Interest Code because they
hold positions within the City of Rancho Palos Verdes which are required to report
pursuant to California Government Code Section 87200. Persons in this category"1"
are, however, subject to the disqualification provisions of this Code when acting in
their official capacity for the Rancho Palos Verdes Improvement Authority.
2. Persons holding designated positions which are assigned a disclosure category of
"2" above are not required to prepare a separate Statement of Economic Interest
(Form 700)for their position with the Authority because they also hold positions which
are already required to disclose and report under the Conflict of Interest Code of the
City of Rancho Palos Verdes. Persons in this category should list their position with
the Authority in Section 1 of Form 700 that they file with the City. Persons in this
category "2" are, however, subject to the disqualification provisions of this Code when
acting in their official capacity for the Authority.
3. For consultants who serve in a staff capacity with the Authority, the consultant shall
disclose based on the disclosure categories assigned elsewhere in this code for that
staff position.
For consultants who do not serve in a staff capacity, the following disclosure
categories shall be used:
Persons required to disclose in this category shall disclose pursuant to categories A,
B, C and D below unless the Chief Administrative Officer determines in writing that a
particular consultant 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 in categories A,
B, C and D. 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 Chief Administrative Officer'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.
A. Reportable interests in real property in the jurisdiction. (FPPC Form 700,
Schedule B).
B. Reportable income and business positions. (FPPC Form 700, Schedule C).
C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).
D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E).
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Appendix A
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RESOLUTION NO. IA 2022-05
EXHIBIT A
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of
employees and the formulation of disclosure categories in the Appendix referred to below
constitute the adoption and promulgation of a conflict of interest code within the meaning of
Section 87300 or the amendment of a conflict of interest code within the meaning of Section
87306 if the terms of this regulation are substituted for terms of a conflict of interest code
already in effect. A code so amended or adopted and promulgated requires the reporting of
reportable items in a manner substantially equivalent to the requirements of article 2 of
chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict
of interest code are in addition to other requirements of the Political Reform Act, such as the
general prohibition against conflicts of interest contained in Section 87100, and to other
states or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and
promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political
Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or
regulations, are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees.
The persons holding positions listed in the Appendix are designated employees. It has been
determined that these persons make or participate in the making of decisions which may
foreseeably have a material effect on economic interests
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who
are also specified in Section 87200 if they are designated in this code in that same capacity
or if the geographical jurisdiction of this agency is the same as or is wholly included within
the jurisdiction in which those persons must report their economic interests pursuant to
article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated
employees who are designated in a conflict of interest code for another agency, if all of the
following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included
within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required
III under article 2 of chapter 7 of the Political Reform Act, Section 87200; and
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(C) The filing officer is the same for both agencies.,
Such persons are covered by this code for disqualification purposes only. With respect to all
other designated employees, the disclosure categories set forth in the Appendix specify
which kinds of economic interests are reportable. Such a designated employee shall
disclose in the employee's statement of economic interests those economic interests the
employee has which are of the kind described in the disclosure categories to which the
employee is assigned in the Appendix. It has been determined that the economic interests
set forth in a designated employee's disclosure categories are the kinds of economic
interests which the employee foreseeably can affect materially through the conduct of the
employee's office.
(4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file
statements of economic interests with the agency or with the code reviewing body, as
provided by the code reviewing body in the agency's conflict of interest code.2
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the
effective date of this code, as originally adopted, promulgated and approved by the code
reviewing body, shall file statements within 30 days after the effective date of this code.
Thereafter, each person already in a position when it is designated by an amendment to
this code shall file an initial statement within 30 days after the effective date of the
amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the
effective date of this code shall file statements within 30 days after assuming the
designated positions, or if subject to State Senate confirmation, 30 days after being
nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than
April 1. If a person reports for military service as defined in the Servicemember's Civil
Relief Act, the deadline for the annual statement of economic interests is 30 days
following the person's return to office, provided the person, or someone authorized to
represent the person's interests, notifies the filing officer in writing prior to the applicable
filing deadline that the person is subject to that federal statute and is unable to meet the
applicable deadline, and provides the filing officer verification of the person's military
status.
(D) Leaving Office Statements. All persons who leave designated positions shall file
statements within 30 days after leaving office.
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(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the
date of notice provided by the filing officer to file an assuming office statement, is not
deemed to have assumed office or left office, provided the person did not make or
participate in the making of, or use the person's position to influence any decision and did
not receive or become entitled to receive any form of payment as a result of the person's
appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the
filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of perjury
that during the period between appointment and resignation the person did not
make, participate in the making, or use the position to influence any decision of the
agency or receive, or become entitled to receive, any form of payment by virtue of
being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and
business positions held on the effective date of the code and income received during the 12
months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments, interests in real
property and business positions held on the date of assuming office or, if subject to State
Senate confirmation or appointment, on the date of nomination, and income received during
the 12 months prior to the date of assuming office or the date of being appointed or
nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable
investments, interests in real property, income and business positions held or received
during the previous calendar year provided, however, that the period covered by an
employee's first annual statement shall begin on the effective date of the code or the date of
assuming office whichever is later, or for a board or commission member subject to Section
87302.6, the day after the closing date of the most recent statement filed by the member
pursuant to Regulation 18754.
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(D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property,
income and business positions held or received during the period between the closing date
of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political
Practices Commission and supplied by the agency, and shall contain the following
information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,4 the
statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a general
description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property
equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
(B) Personal Income Disclosure. When personal income is required to be reported,5 the
statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or
$50 or more in value if the income was a gift, and a general description of the business
activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a
loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000,
greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any
intermediary through which the gift was made; a description of the gift; the amount or value
of the gift; and the date on which the gift was received; 111
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5. In the case of a loan, the annual interest rate and the security, if any, given for the loan
and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including
income of a sole proprietorship, is required to be reported,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business
entity;
2. The name of every person from whom the business entity received payments if the filer's
pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure. When business positions are required to be reported,
a designated employee shall list the name and address of each business entity in which
the employee is a director, officer, partner, trustee, employee, or in which the employee
holds any position of management, a description of the business activity in which the
business entity is engaged, and the designated employee's position with the business
entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving
office statement, if an investment or an interest in real property was partially or wholly
acquired or disposed of during the period covered by the statement, the statement shall
contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state
or local government agency, shall accept any honorarium from any source, if the
member or employee would be required to report the receipt of income or gifts from that
source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any
public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this
section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for
travel and related lodging and subsistence authorized by Section 89506.
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(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of$520.
(A) No member of a state board or commission, and no designated employee of a state
or local government agency, shall accept gifts with a total value of more than $520 in a
calendar year from any single source, if the member or employee would be required to
report the receipt of income or gifts from that source on the member's or employee's
statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any
public institution of higher education, unless,the member is also an elected official.
(C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this
section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the
election to office through the date that the officer vacates office, receive a personal loan
from any officer, employee, member, or consultant of the state or local government
agency in which the elected officer holds office or over which the elected officer's
agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall,
while he or she holds office, receive a personal loan from any officer, employee,
member, or consultant of the state or local government agency in which the public
official holds office or over which the public official's agency has direction and control.
This subdivision shall not apply to loans made to a public official whose duties are solely
secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of the
election to office through the date that the officer vacates office, receive a personal loan
from any person who has a contract with the state or local government agency to which
that elected officer has been elected or over which that elected officer's agency has
direction and control. This subdivision shall not apply to loans made by banks or other
financial institutions or to any indebtedness created as part of a retail installment or
credit card transaction, if the loan is made or the indebtedness created in the lender's
regular course of business on terms available to members of the public without regard to
the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall,
while the official holds office, receive a personal loan from any person who has a
contract with the state or local government agency to which that elected officer has been
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f1
I
elected or over which that elected officer's agency has direction and control. This
subdivision shall not apply to loans made by banks or other financial institutions or to
any indebtedness created as part of a retail installment or credit card transaction, if the
loan is made or the indebtedness created in the lender's regular course of business on
terms available to members of the public without regard to the elected officer's official
status. This subdivision shall not apply to loans made to a public official whose duties
are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective
office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother,
sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin,
or the spouse of any such persons, provided that the person making the loan is not acting
as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998.
(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local
government agency shall, from the date of the officer's election to office through the
date the officer vacates office, receive a personal loan of$500 or more, except when the
loan is in writing and clearly states the terms of the loan, including the parties to the loan
agreement, date of the loan, amount of the loan, term of the loan, date or dates when
payments shall be due on the loan and the amount of the payments, and the rate of
interest paid on the loan.
(B) This section shall not apply to the,following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
uncle, or first cousin, or the spouse of any such person, provided that the person making the
loan is not acting as an agent or intermediary for any person not otherwise exempted under
this section.
3. Loans made, or offered in writing,, before January 1, 1998.
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(C) Nothing in this section shall exempt any person from any other provision of Title 9 of
the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated
employee shall become a gift to the designated employee for the purposes of this
section in the following circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of limitations for
filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from
the later of the following:
a. The date the loan was made.
b. The date the last payment of$100 or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less
than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective
office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the
creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the
creditor, based on reasonable business considerations, has not undertaken collection
action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis
of this paragraph has the burden of proving that the decision for not taking collection action
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was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately
discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9
of the Government Code.
(9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the
employee's official position to influence the making of any governmental decision which the
employee 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 the official's 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 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
$500 or more provided to, received by, or promised to the designated employee within
12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of
any decision to the extent the employee's participation is legally required for the decision to
be made. The fact that the vote of a designated employee who is on a voting body is
needed to break a tie does not make the employees' participation legally required for
purposes of this section.
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(9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative
official shall make, participate in making, or use the official's position to influence any
governmental decision directly relating to any contract where the state administrative official
knows or has reason to know that any party to the contract is a person with whom the state
administrative official, or any member of the official's immediate family has, within 12 months
prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to
members of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to
members of the public regarding the rendering of goods or services totaling in value
$1,000 or more.
(10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a
governmental decision because the employee has a disqualifying interest in it, the
determination not to act may be accompanied by disclosure of the disqualifying interest.
(11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request
assistance from the Fair Political Practices Commission pursuant to Section 83114 and
Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided
that nothing in this section requires the attorney for the agency to issue any formal or
informal opinion.
(12) Section 12. Violations.
This code 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, Sections 81000-91014. In addition, a decision in relation to which a
violation of the disqualification provisions of this code or of Section 87100 or 87450 has
occurred may be set aside as void pursuant to Section 91003.
1 Designated employees who are required to file statements of economic interests under any
other agency's conflict of interest code, or under article 2 for a different jurisdiction, may
expand their statement of economic interests to cover reportable interests in both
jurisdictions, and file copies of this expanded statement with both entities in lieu of filing
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separate and distinct statements, provided that each copy of such expanded statement filed
in place of an original is signed and verified by the designated employee as if it were an
original. See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in
agencies who make and retain copies of statements and forward the originals to the filing
officer.
3 For the purpose of disclosure only (not disqualification), an interest in real property does
not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than
$2,000 are not investments and interests in real property within the meaning of the Political
Reform Act. However, investments or interests in real property of an individual include those
held by the individual's spouse and dependent children as well as a pro rata share of any
investment or interest in real property of any business entity or trust in which the individual,
spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest
of 10 percent or greater.
5 A designated employee's income includes the employee's community property interest in
the income of the employee's spouse but does not include salary or reimbursement for
expenses received from a state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the
filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest.
In addition, the disclosure of persons who are clients or customers of a business entity is
required only if the clients or customers are within one of the disclosure categories of the
filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e),
87300-87302, 89501, 89502 and 89503, Government Code.
HISTORY
1 New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81,
No. 2).
II4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter
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(Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter
(Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed
8-28-90; operative 9-27-90 (Reg. 90, No. 42).
9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and
amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new .subsections (b)(5.5)(A)-(A)(2) filed 2-4-93;
operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental
Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of
Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California
Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1,
section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number
(Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection
(b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-
95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No.
11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96,
No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection
(b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96
pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to
Government Code section 11343.4(d) (Register 97, No. 15).
18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and
amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section
11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
Resolution No. IA 2022-05
Exhibit A
Page 12 of 15
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-
11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
111 21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative
1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2,
California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, 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. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and
footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices
Commission v. Office of Administrative Law, 3 Civil C010924, 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.
7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register
2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E)
and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section
11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register
2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-
18-2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices
Commission v. Office of Administrative Law, 3 Civil C010924, 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).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative
11-30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
IIDistrict, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements and not subject to procedural or
Resolution No. IA 2022-05
Exhibit A
Page 13 of 15
substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, 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 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)-
(b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, 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 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-
2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of
Regulations. Submitted to OAL for filing and printing pursuant to Fair Political Practices
Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal,
Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only
subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No.
51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D),
amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection
(b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed
12-1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e).
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, 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 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative
1-11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing
and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law,
3 Civil C010924, 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 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021
pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to
Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924,
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 2020,
No. 52).
Resolution No. IA 2022-05
Exhibit A
Page 14 of 15
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D),
(b)(8)(A), (b)(8.I)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(1 0)
and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code
Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices
Commission v. Office of Administrative Law, 3 Civil C010924, 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 2021, No. 20).
This information is current through 3/11/22 Register 2022, No. 10
2 CCR § 18730, 2 CA ADC § 18730
Resolution No. IA 2022-05
Exhibit A
Page 15 of 15