HomeMy WebLinkAboutAGENDA REPORT 2012 0606 CC REG ITEM 10O ITEM
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MOORPARK CITY COUNCIL 4
AGENDA REPORT ACTION:
o�
TO: Honorable City Council
FROM: Maureen Benson, City Clerk
DATE: May 31, 2012 (CC Meeting of 616/12)
SUBJECT: Consider Resolution Amending the Conflict of Interest Code of the City of
Moorpark and Rescinding Resolution No. 2011-3049
BACKGROUND AND DISCUSSION
The Political Reform Act, Government Code Section 87300, et seq., requires every state and
local government agency to adopt and promulgate a Conflict of Interest Code. The City's
Conflict of Interest Code was last amended in July 2011, when the City Council adopted
Resolution No. 2011-3049.
Assembly Bill X1 26 (ABX1 26) eliminated all redevelopment agencies effective February 1,
2012, and required the creation of successor agencies and oversight boards. On January 4,
2012, in anticipation of the dissolution of the Redevelopment Agency of the City of Moorpark,
the City Council adopted Resolution No. 2012-3079 designating the City of Moorpark as the
Successor Agency and Successor Housing Agency of the Redevelopment Agency of the City
of Moorpark.
As prescribed in ABX1 26, a seven member Oversight Board to the Successor Agency was
established to assist in the close-out and disposition of property from the dissolved
Redevelopment Agency. On March 21, 2012, the City Council appointed two members to
serve on the newly created Oversight Board. The five other members of the Oversight Board
were appointed by the County of Ventura Board of Supervisors, County Superintendent of
Education, and State Chancellor of California Community Colleges. The first meeting of the
Oversight Board was held on April 17, 2012.
On April 25, 2012, the Fair Political Practices Commission(FPPC)provided an advice letter to
the General Counsel of the League of California Cities regarding applicability of the conflict-of-
interest code and financial disclosure provisions of the Political Reform Act to new local
government agencies and officials holding positions in those agencies created by ABX1 26
(Attachment 1). Based on the conclusions in the referenced FPPC letter, if a city serves as a
successor agency, the code reviewing body of the successor agency and its oversight board
is the city council.
Attached is a draft resolution (showing changes in legislative format), which would rescind
Resolution No. 2011-3049, and adopt a revised Conflict of Interest Code for the City of
Moorpark, including proposed revisions to delete the Redevelopment Agency references and
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Honorable City Council
June 6, 2012, Regular Meeting
Page 2
add the Successor Agency, Successor Housing Agency, and the Oversight Board, as shown
with the use of legislative format in the appendices. The final adopted resolution will have the
revisions incorporated without the legislative format included.
The City's Conflict of Interest Code is intended to list all designated positions for the City,
even if there is no current employee or consultant with that position title. The City's Conflict of
Interest Code does not establish any disclosure obligation for the City Councilmembers,
Planning Commissioners, City Manager, City Attorney, and public officials who manage public
investments (City Treasurer), as Government Code Section 87200, et seq., requires such
disclosure as a matter of state law.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Adopt Resolution No. 2012- , rescinding Resolution No. 2011-3049.
Attachments:
1. 4/25/2012 FPPC Letter to General Counsel, League of California Cities
2. Draft Resolution
282
SE,.L OF t
ATTACHMENT 1
C,0FOO
FAIR POLITICAL PRACTICES COMMISSION
428 J Street • Suite 620 • Sacramento, CA 95814-2329
(916) 322-5660 • Fax (916) 322-0886
April 25, 2012
Patrick Whitnell
General Counsel
League of California Cities
1400 K Street, Suite 400
Sacramento, California 95814
Re: Your Request for Advice
Our File No. I-12-060
Dear Mr. Whitnell:
This letter responds to your request for advice on behalf of the California League of
Cities regarding applicability of the confl ict-of-interest code and financial disclosure provisions
of the Political Reform Act(the "Act")' to new local government agencies and officials holding
positions in those agencies created by Assembly Bill 1X 26("AB 1X 26"), that was passed by
the Legislature and signed into law in 2011. Because you have sought general guidance not
limited to a particular public official or specific set of facts,we are treating your request as one
for informal,rather than formal, assistance. (See Regulation 18329(b)(8)(B), (C) and (F).)2
FACTS
Since the 1950's, California redevelopment agencies have functioned under the
Community Redevelopment Law(Health and Saf. Code § 33000 et seq.). AB 1X 26 (Stats.
2011, 1st Ex. Sess. 2011-2012, ch. 5)made extensive amendments to the Community
Redevelopment Law. You have provided a summary of the provisions of the legislation that you
think are relevant to your questions and we rely partially on this, as well as our own reading of
the legislation, to summarize the pertinent provisions. However, given the length and
complexity of the legislation and the possibility of further litigation on its provisions, we caution
that our advice could change if there emerges a subsequent alternative interpretation or version
of the legislation that affects applicability of the Act.
4
The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory
references are to the Government Code,unless otherwise indicated. The regulations of the Fair Political Practices
Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All
regulatory references are to Title 2,Division 6 of the California Code of Regulations, unless otherwise indicated.
' Informal assistance does not provide the requestor with the immunity provided by an opinion or formal
written advice. (Section 831 14;Regulation I8329(c)(3).)
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File No. I-12-060
Page No. 2
The legislation provides for the dissolution of redevelopment agencies and an
administrative process to wind down agency activities and dispose of agency assets, including
distribution of all unencumbered redevelopment agency assets to the cities, county and various
special districts in the county entitled to receive property tax proceeds. (Health and Saf. Code
§ 34177(d).) It creates two new public entities: successor agencies and oversight boards.
Successor agencies are designated as the successor entities to the former redevelopment
agencies. (Health and Saf. Code §§ 341710), 34173(a).) All authority,rights,duties, and
obligations previously vested with the former redevelopment agency are now vested in the
successor agency. (Health and Saf. Code Secs. 34173(b), 34177.) The entity that serves as the
successor agency is determined in one of several ways:
1. The city,county, city and county, or entities forming the joint powers authority that
created the redevelopment agency is, in your view, by implication under the statute, designated
as the successor agency unless it adopts a resolution electing not to serve as the successor
agency. (Health and Saf. Code Sec. 34173(d)(1).)
2. If an agency that created the redevelopment agency elects not to be the successor
agency, then the local agency(defined as "any city, county,city and county, or special district in
the county of the former redevelopment agency") in the county that first adopts a resolution
electing to become the successor agency, and submits the resolution to the county auditor-
controller, is deemed the successor agency. (Health and Saf. Code § 34173(d)(2).) Thus, for
example and however unlikely, it is possible that a school district or another city in the county of
a city that originally formed the redevelopment agency could become the successor agency for
that redevelopment agency.
3. If no local agency elects to serve as successor agency, a public body referred to as a
"designated local authority" is formed, and has all the powers and duties of a successor agency.
The Governor appoints three residents of the county to serve as the governing board of the
authority. (Health and Saf. Code § 34173(d)(3).)
Each successor agency has an oversight board composed of seven members. (Health and
Saf. Code §§ 34171(f), 34179(a).) The oversight board directs staff of the successor agency to
perform work in furtherance of the oversight board's duties and responsibilities. (Health and
Saf. Code §§ 34177(e), 34179(c), 34180, 34181.) The board members are selected as follows:
1. One member appointed by the county board of supervisors; 2. One member appointed by the
mayor for the city that created the redevelopment agency; 3. One member appointed by the
largest special district; 4. One member appointea`by the county superintendent of education;
5. One member appointed by the Chancellor of the California Community Colleges; 6. One
member of the public appointed by the county board of supervisors; 7. One member representing
the employees of the former redevelopment agency appointed by the mayor or the chair of the
board of supervisors. (Health and Saf. Code § 34179(a)(1-7).) The Governor may appoint
individuals to fill oversight board member seats not filled by May 15, 2012, or that remain
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Page No. 3
vacant for more than 60 days. (Health and Saf. Code c 34179(b).) For purposes of the Act, the
oversight board is deemed to be a local entity. (Health and Saf. Code §§ 34179(e).) Oversight
board members do not receive compensation or reimbursement for expenses. (Health and Saf.
Code §§ 34179(c).) Also, under Health and Safety Code,section 341790), commencing on and
after July 1, 2016, all oversight boards existing in a county are consolidated under one oversight
board whose members are appointed by various entities similar to those who appoint members to
the original oversight boards.
You state that the relationship of the successor agency to the city or county that created
the redevelopment agency is "murky at best." With respect to the successor agency, various
sections of AB 1X 26 imply that the city or county that created the redevelopment agency is the
successor agency(unless they affirmatively elect not to be). (See, e.g., Health and Saf. Code
§§ 341710),34173(a), 34173(d)(1).) But,in your view,other sections of the legislation may
indicate that a different interpretation is required. For example, Health and Safety Code section,
34190(c)provides that the successor agency is a public agency for purposes of the Meyers-
Milias-Brown Act(MMBA) and Health and Safety Code Section 34190(d) provides that the
successor agency shall become the employer of all employees of the redevelopment agency as of
the date of the agency's dissolution. In your view, these sections seem to imply that the
successor agency is a separate public agency. Further, proposed amendments to AB 1X 26
provide that a successor agency is a public entity separate from the entity or entities that
authorized the creation of each redevelopment agency.
In contrast, you state that it appears clear from the legislation that the oversight board is a
separate public agency from the city or county that created the redevelopment agency. As noted
above, the oversight board is a local entity for purposes of the Act(as well as the Public Records
Act(Sec. 6250 et seq. and the Brown Act(Sec. 54950 et seq.)). Further, the oversight board has
a fiduciary duty to the taxing entities that benefit from the distributions of property tax, which
would include cities and counties. (Health and Saf. Code § 34179(i).) This same section also
provides that the provisions of Section 1090 apply to oversight boards. Thus, in your view, the
legislation apparently makes clear that the oversight boards are separate legal entities from the
cities and counties that created the redevelopment agencies.
GENERAL SUMMARY OF THE ACT'S PROVISIONS APPLICABLE TO FINANCIAL
DISCLOSURE BY PUBLIC OFFICIALS AND CONFLICT-OF-INTEREST CODES
The Act requires specified public officials of state and local government agencies to
periodically file Statements of Economic Interests (FPPC Form 700)disclosing defined financial
interests. These officials fall into two categories: (1)Officials holding positions specified in
Section 87200, who are required to disclose the broadest range of financial interests(Sections
87200—87210); and(2) Officials holding agency positions that involve participation in
government decisions that have financial impacts. These positions are designated in the
agency's conflict-of-interest code and disclosure for each position is tailored to the scope of the
official's job duties. (Sections 87300—87313.)
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Each government agency is required, within certain timelines, to adopt a conflict-of-
interest code(Section 87300)and amend it to reflect changes in the decision-making positions in
the agency(Section 87306). It is the Act's stated policy that conflict-of-interest codes are
formulated at the most decentralized level possible, with issues of what should be deemed an
"agency"resolved by the code reviewing body. (Section 87301.) The code reviewing body is
the government agency charged with reviewing and approving an agency's conflict-of-interest
code. No code is effective unless approved by the code reviewing body. (Section 87303.)
Section 82011 details which agencies are code reviewing bodies. As is pertinent to your
questions, the following are the code reviewing bodies for local government agencies: (1)The
Fair Political Practices Commission(the"Commission") for any local government agency with
jurisdiction in more than one county(Section 82011(a)); (2)The county board of supervisors for
any county agency and any other local government agency with jurisdiction wholly within the
county,other than the board itself, an agency of the judicial branch or a city agency(Section
82011(b)); and(3), the city council for any city agency except for the council itself(Section
82011(c)).
Section 87500 states where public officials are required to file their Statements of
Economic Interests. As is generally pertinent to your question, officials in local government
agencies file as follows: (1) With the county clerk, if the person holds the office of chief
administrative officer,district attorney,county counsel, county treasurer, or member of the board
of supervisors (Section 87500(e)); (2)With the city clerk, if the person holds the office of city
manager or chief administrative officer, city councilmember, city treasurer, city attorney, or
mayor(Section 87500(f)); (3)With his or her own agency, if the person is a planning
commissioner(Section 87500(g), head of a local government agency, or member of a local board
or commission for which the Commission is the code reviewing body(Section 87500(l); and
(4)With his or her own agency or the agency's code reviewing body as designated by the code
reviewing body, if the person is not otherwise covered under(1)—(3) above(Section 87500(p)).
QUESTIONS AND CONCLUSIONS
1. Who adopts the conflict-of-interest codes for the successor agency and the oversight
board?
Conclusion: Unless determined otherwise by their code reviewing body, the successor
agency and the oversight board both adopt their own conflict-of-interest codes.
Analysis: As set forth in Section 87300, each agency is required to adopt its own
conflict-of-interest code. Furthermore, the Act, in Section 87301, requires that each conflict-of-
interest code be formulated at the most decentralized level possible, which indicates that it is
desirable that an autonomous or semi-autonomous governmental entity be classified as an
"agency" and adopt its own code because it is most familiar with the job duties of its officers and
employees. However, Section 87301 ultimately leaves the determination of what constitutes an
"agency," and thus the decision of which entity is obligated to adopt the code, to the code
reviewing body.
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For example, assume that a city elects to be the successor agency for either its own or
another entity's redevelopment agency. Based on the conclusions and analysis in Questions 2
and 3 below, the city council would therefore be the code reviewing body for both the successor
agency and its oversight board and, under Section 87301, could: (1)determine that the successor
agency or oversight board, or both, are new"agencies" and require them to adopt new conflict-
of-interest codes; or(2) determine that the city itself is the "agency" and amend its own conflict-
of-interest code to cover designated employees in the successor agency and oversight board.
2. Who are the code reviewing bodies for the successor agency and the oversight
board?
Conclusion: The code reviewing body for a successor agency and its oversight board
(except for consolidated oversight boards formed pursuant to Health and Safety Code Sec.
341790), see below) are as follows:
If a city,or subdivision thereof, serves as a successor agency, the code reviewing body of
the successor agency and its oversight board is the city council. (Section 82011(c).)
If a county, city and county, "designated local authority" or other local government
agency with jurisdiction wholly within a county, or subdivision thereof, serves as a successor
agency, the code reviewing body of the successor agency and its oversight board is the county, or
city and county,board of supervisors. (Section 82011(b).)
If a "designated local authority" or other local government agency with jurisdiction in
more than one county, or subdivision thereof, serves as a successor agency, the code reviewing
body of the successor agency and its oversight board is the Commission. (Section 82011(a).)
The code reviewing body of an oversight board formed on or after July 1, 2016 pursuant
to Health and Safety Code Section 341790) is the county board of supervisors.
Analysis: At the outset, we think that a successor agency and oversight board should
have the same code reviewing body. One of the purposes of the Act is to require public officials
to disclose information about their financial interests that can be materially affected by their
official actions and to disqualify them from acting when they have conflicts of interest. (Section
81002(c).) As the agency with the primary duty of administering and implementing the Act
(Section 83111), we are charged to liberally interpret its provisions to accomplish its purposes
(Section 81003). While we recognize that under AB 1X 26, successor agencies and their
oversight boards are governed by different authorities and may at times have conflicting goals
and interests, they also have control and oversight over the same obligations, assets and
property. Therefore, it is logical and also serves the Act's desire for accurate financial disclosure
that the same code reviewing body assesses how these obligations,`assets and property can be
affected by decisions in both agencies.
Under AB 1X 26, there appear to be, for purposes of the Act, five general types of
entities that can become successor agencies. These are a city, county, city and county, other non-
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city local government agency(such as a joint powers authority), and a"designated local
authority." (Health and Saf. Code Sec. 34173(d); also see Health and Saf. Code Sec. 34173(c).)
As described above, subdivisions (a), (b) and (c) of Section 82011 are very explicit as to
which agency is the code reviewing body for four of these entities, namely, a city, county, city
and county, and other non-city local government agency. Thus, in our view, it is clear that if one
of these entities becomes a successor agency, the code reviewing body for the successor agency
is the code reviewing body for that entity set forth in Section 82011(a), (b), or(c). In addition, as
discussed, we think it proper under the Act that the oversight board's code reviewing body be the
same.
A slightly more difficult question arises in relation to "designated local authorities."
These entities are created pursuant to Health and Safety Code, section 34173(d)when no other
local government agency elects to serve as the successor agency. In that case, the"`designated
local authority' shall be immediately formed . . . in the county and shall be vested with all the
powers and duties of a successor agency . . . ." (Health and Saf. Code § 34173(d).) The
"designated local authority," is formed when the Governor appoints three residents of the county
to serve as the successor agency. (Ibid.) Since this entity is formed in a county and is run by
three gubernatorial appointees who are required to be from that county, it seems apparent that a
"designated local authority" is a type of local government agency operating in a county that is
not under the control of a city. Accordingly, we conclude that the code reviewing body for a
"designated local authority," and its oversight board, would be the board of supervisors of that
county pursuant to Section 82011(b)or, if the entity operates in more than one county, the
Commission pursuant to Section 82011(a).
Finally, as mentioned above, we must craft a special rule for oversight boards formed on
or after July 1, 2016 pursuant to Health and Safety Code Section 341790). These boards
represent a consolidation of all oversight boards existing in a county having more than one
oversight board as of that date. These boards are clearly non-city local government agencies
operating within a county and thus, under Section 82011(b), their code reviewing body is the
county board of supervisors.
3. Should entities that adopted separate conflict-of-interest codes for their
redevelopment agencies repeal those codes?
Conclusion and Analysis: If an entity that adopted a conflict-of-interest code for its
redevelopment agency does not become a successor agency for the redevelopment agency, we
suggest that it repeal the code once the redevelopment agency is dissolved. However, if the
entity becomes a successor agency for the redevelopment agency and assumes the responsibility
of adopting a conflict-of-interest code for the successor agency, it may: (1) repeal the
redevelopment agency's code and either adopt a new code or amend its own code to cover
designated employees of the successor agency; or(2) amend the redevelopment agency's code to
apply, as appropriate, to the activities of the successor agency. (See Sections 82011, 87300,
87301, 87303 and 87306.)
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As for the oversight boards, the code reviewing bodies may either add the oversight
board to an existing conflict-of-interest code of the agency or adopt a new conflict-of-interest
code for the oversight board. Since Section 87301 states that conflict-of-interest codes shall be
formulated at the most decentralized level possible and that questions relating to the formation of
a code are resolved by the code reviewing body, each code reviewing body makes this
determination, not the Commission. (Also see Regulation 18329.5.)
Please note that, since Section 87302.6 requires members of new boards and
commissions to file Statements of Economic Interests in the same manner as individuals who file
under Section 87200, members of these boards, subject to certain exceptions(see Section
87202(a), must generally file assuming office Statements of Economic Interests within 30 days
of assuming office and continue to file as if 87200 filers until the oversight board's conflict-of-
interest code is in place. The timeline for adopting a new code or amending a code to reflect the
addition of the oversight board is provided in Sections 87303 and 87306.
Regulation 18732.5 provides direction on the filing, processing and retention of
Statements of Economic Interests for agencies that are to be dissolved. Statements filed for
designated employees of the redevelopment agencies must be maintained for seven years.
4. Do 87200 filers appointed to the oversight board have to file an assuming office
Statement of Economic Interests with the oversight board?If not, will they be
required to file an amendment to their Statement of Economic Interests to include
the board position?
Conclusion and Analysis: If the agency for which the official files a Statement of
Economic Interests under Section 87200 shares the same, or is wholly located within the same,
geographical jurisdiction as the oversight board, the official does not have to file a Statement of
Economic Interests with the oversight board. (Regulation 18754(a)(3)(A).) For example,a city
councilmember serving on an oversight board for the city's former redevelopment agency would
not have to file a Statement of Economic Interests with the city in connection with her service on
the oversight board because the city and the oversight board share the same jurisdiction.
However, if this is not the case, the official must file Statements of Economic Interests
with both agencies, although the official can expand his or her statements to cover reportable
interests in both jurisdictions and file copies in both jurisdictions (so long as each filed statement
is signed and verified by the official as if it were the original statement) if the oversight board
adopts a conflict-of-interest code incorporating the provisions of Regulation 18730(b)(3),
footnote 1. (See Regulation 18730(a).)
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5. Do designated employees employed by the successor agency or appointed to the
oversight board have to file an assuming office statement? If not,will they be
required to file an amendment to include their employment or their board position?
What is the timing of any required filing or amendment?
Conclusion and Analysis:
Successor Agencies:
If the successor agency is the entity that formed the redevelopment agency and the entity
adopts a new conflict-of-interest code for the successor agency,the designated employees of the
successor agency must file assuming office Statements of Economic Interests because the
successor agency would be considered a new agency.3 (Sections 87300 and 87303.) Pending the
effective date of the code,employees who make or participate in making agency decisions that
may foreseeably have a material effect on any financial interest must file Statements of
Economic Interests pursuant to Regulation 18734, and that regulation also governs treatment of
these filings in relation to the filing requirements once the code becomes effective (see
Regulation 18734(e)).
If the successor agency is the entity that formed the redevelopment agency and the entity
instead amends the code of the former redevelopment agency to apply, as appropriate, to the
activities of the successor agency(see Question 3 above), existing designated employees would
file Statements of Economic Interests pursuant to the provisions of Regulation 18735 and
employees in newly created positions would file pursuant to Regulation 18734.
If the successor agency is not the entity that formed the redevelopment agency, it must
adopt a new conflict-of-interest code for that agency or incorporate designated employees in the
successor agency into its existing conflict-of-interest code. In that case, until the new code or
amendments become effective, employees who make or participate in making agency decisions
that may foreseeably have a material effect on any financial interest must file Statements of
Economic Interests pursuant to Regulation 18734 and, as mentioned above, that regulation also
governs treatment of these filings in relation to the filing requirements once the code becomes
effective (see Regulation 18734(e)).
Oversight Boards: As stated above, the oversight boards are new agencies and thus
members of the boards must file assuming office and other Statements of Economic Interests
pursuant to Section 87302.6 until the board or its code reviewing body adopts or amends a code
to reflect addition of the oversight board.
3 In this instance,since the code reviewing body considers the successor agency a new agency,the
designated employees of the former redevelopment agency must file leaving office Statements of Economic
Interests in connection with their employment with the former redevelopment agency. (Section 87302(b).)
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6. Who is the filing officer? If only an amendment is required, is the filing officer the
agency in which the board member filed the original statement? Who is the filing
officer for statements filed by the governing board of a"designated local
authority?"
Conclusions and Analysis:
Successor Agencies:
The filing officer for the head of a successor agency, including the head of a"designated
local authority,"and members of the board of a"designated local authority" is the Commission if
the Commission is the successor agency's or authority's code reviewing body. (Section
87500(1).)
Otherwise, the filing officer for a successor agency's, including a"designated local
authority's," designated employees and board members, if any, is the successor agency or the
successor agency's code reviewing body as designated by the code reviewing body. (Section
87500(p).) For example, if a city becomes a successor agency and the city council is the
successor agency's code reviewing body, the city council must determine which city official or
subdivision is the filing officer for the successor agency. (Ibid.)
Oversight Boards:
The filing officer for the head,or board member, of an oversight board is the
Commission if the Commission is the oversight board's code reviewing body. (Section
87500(1).)
Otherwise, the filing officer for the oversight board's designated employees, including its
board members, is the oversight board or the board's code reviewing body as designated by the
code reviewing body. (Section 87500(p).)
See Question 2 above to determine which agency is a successor agency's or oversight
board's code reviewing body.
7. Do members of the public appointed to a"designated local authority" or an
oversight board have an obligation to file a Statement of Economic Interests? If so,
who is deemed the filing officer?
Conclusion and Analysis: Since the Act requires that conflict-of-interest codes be
formulated at the most decentralized level possible(Section 87301), we normally defer to the
judgment of the agency and its code reviewing body in determining which agency officials are
required to be included in the code and`, thus, file Statements of Economic Interests. Therefore,
we decline to answer this question, although we note that, under AB 1X 26, all the board
members of"designated local authorities"and oversight boards certainly appear to be making or
participating in making agency decisions that may foreseeably affect financial interests.
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8. What is the assuming office date for oversight board members?
Conclusion and Analysis: For purposes of this question and pursuant to Regulation
18722, an oversight board member assumes office on the earlier of the date he or she either is
authorized to serve in the position, such as by being sworn in(Regulation 18722(a)(1)(A), or
begins to perform the duties of the position such as by making, participating in making, or using
his or her official position to influence a government decision(Regulation 18722(a)(1)(B).
9. What is the jurisdiction of a successor agency or oversight board?
Conclusions:
Except for oversight boards formed pursuant to Health and Safety Code Section 341790)
(see Question 2 above and discussion below), the jurisdiction of a successor agency and its
oversight board is the same.
If the successor agency is any type of local government agency other than a"designated
local authority,"the jurisdiction of the successor agency and its oversight board is the same as
that local government agency and includes any real property owned by the former redevelopment
agency.
If the successor agency is a"designated local authority,"the jurisdiction of the successor
agency and its oversight board is the county in which the successor agency operates and includes
any real property owned by the former redevelopment agency.
Analysis: As previously discussed, successor agencies and their oversight boards are
local government agencies under the Act. Section 82035 states that the jurisdiction of a local
government agency is "the region, county, city,district or other geographical area in which it has
jurisdiction" as well as, with respect to real property, any part of the property located within or
not more than two miles outside the jurisdiction or within two miles of any land owned or used
by the local government agency.
Thus, the jurisdiction of a successor agency is the jurisdiction, including the real property
owned by the former redevelopment agency, of any local government agency that becomes the
jurisdiction of the successor agency and, logically, the successor agency's oversight board.
However, while it is relatively easy to determine the jurisdiction of an existing government
agency such as a city or county, more explanation is required for newly formed"designated local
authorities." As discussed above, we think a"designated local authority" is a non-city local
government agency whose code reviewing body is the county,pursuant to Section 82011(b).
Accordingly, for the sake of consistency, we think the proper jurisdiction of a"designated local
authority" and its oversight board should be the county in which it is located plus any real
property owned by the former redevelopment agency.
Finally, in the case of an oversight board formed on or after July 1, 2016 pursuant to
Health and Safety Code Section 341790), since its authority extends over any successor agency
in a county, we conclude that its jurisdiction is the county in which it is located plus any real
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property owned by the successor agencies for which it has oversight(also see discussion under
Question 2 above).
If you have other questions on this matter, please contact me at(916)322-5660.
Sincerely,
Zackery P. Morazzini 7
Genera ounsel
By: /c/ rIn
Counsel, Legal Division
By: Sarah Olson
Political Reform Consultant
Technical Assistance Division
293
ATTACHMENT 2
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE CONFLICT OF
INTEREST CODE OF THE CITY OF MOORPARK AND
RESCINDING RESOLUTION NO. 2011-3049
WHEREAS, the Political Reform Act, Government Code Section 87300, et seq., requires
every state and local government agency to adopt and promulgate a Conflict of Interest Code;
and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation
which contains the terms of a standard model Conflict of Interest Code (Title 2, Division 6,
California Code of Regulations, Section 18730), which can be incorporated by reference, and
which may be amended by the FPPC to conform to amendments in the Political Reform Act
after public notice and hearings conducted by the FPPC pursuant to the Administrative
Procedure Act, Government Code Sections 11370, et seq.; and
WHEREAS, the City Council has determined that the terms of Title 2, Division 6,
California Code of Regulations, Section 18730, and any amendments thereto duly adopted by
the FPPC, along with the attached Appendices A and B, accurately set forth the City's Conflict
of Interest Code, including those positions which should be designated, and the categories of
financial interests which should be made reportable; and
WHEREAS, Assembly Bill X1 26 (ABX1 26) eliminated all redevelopment agencies
effective February 1, 2012, and required the creation of successor agencies and oversight
boards; and
WHEREAS, the City Council on January 4, 2012, adopted Resolution No. 2012-3079
designating the City of Moorpark as the Successor Agency and Successor Housing Agency to
the Redevelopment Agency of the City of Moorpark; and
WHEREAS, the Oversight Board to the Successor Agency of the Redevelopment Agency
of the City of Moorpark was established consistent with the provisions of ABX1 26, including
membership; and
WHEREAS, on April 25, 2012, the FPPC provided an advice letter to the General
Counsel of the League of California Cities regarding applicability of the conflict of interest code
and financial disclosure provisions of the Political Reform Act to new local government agencies
and officials holding positions in those agencies created by ABX 1 26, including the conclusion
that if a city serves as a successor agency, the code reviewing body of the successor agency
and its oversight board is the city council; and
WHEREAS, the City Council has previously designated positions and disclosure
categories in Resolution No. 2011-3049, which now needs to be rescinded and an updated
Conflict of Interest Code adopted to: 1) Delete the Redevelopment Agency of the City of
Moorpark; and 2) Add the Successor Agency of the Redevelopment Agency of the City of
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Moorpark, Successor Housing Agency of the Redevelopment Agency of the City of Moorpark,
and the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of
Moorpark; and
WHEREAS, the positions listed in Appendix A have been determined to be designated
positions under the City's Conflict of Interest Code, because the persons in those positions
make or participate in the making of decisions which may foreseeably have a material effect on
financial interests; and
WHEREAS, the City's Conflict of Interest Code does not establish any disclosure
obligation for the City Councilmembers, Planning Commissioners, City Manager, City Attorney,
and Public Officials who Manage Public Investments (City Treasurer), as Government Code
Section 87200 et seq. requires such disclosure as a matter of state law, nor does the City's
Conflict of Interest Code include a position which is solely clerical, ministerial or manual, or any
unsalaried member of a board or commission which is solely advisory; and
WHEREAS, the City Council has determined that the attached Appendices accurately set
forth those positions which should be designated and categories of financial interest which
should be made reportable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The terms of Title 2, Division 6, California Code of Regulations, Section
18730, and any amendments thereto duly adopted by the FPPC are hereby incorporated by
reference and along with the attached Appendices A and B, in which employees, officials, and
consultants are designated and disclosure categories are set forth, to constitute the Conflict of
Interest Code for the City of Moorpark. If any of the positions listed in Appendix A have a
change of title, or if a position is transferred from one City department or office to another, the
filing requirement and disclosure category shall remain the same until the next update of the
City's Conflict of Interest Code.
SECTION 2. Persons holding designated positions shall file a Statement of Economic
Interests pursuant to Section 4 of the Conflict of Interest Code (Title 2, Division 6, California
Code of Regulations, Section 18730). The City Clerk shall carry out the duties of Filing Officer
for the City Council, which is the Code Reviewing Body.
SECTION 3. Persons elected, appointed, or hired for a newly created position not yet
designated under the City's Conflict of Interest Code, and who participate in making government
decisions, must file a Statement of Economic Interest pursuant to Section 4 of the Conflict of
Interest Code (Title 2, Division 6, California Code of Regulations, Section 18734). The
disclosure category for such positions shall be the City's broadest disclosure category until the
City's Conflict of Interest Code is amended to include the new position.
SECTION 4. Resolution No. 2011-3049 is hereby rescinded.
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SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 6th day of June, 2012.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachments: Appendices A and B
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APPENDIX A
The City's Conflict of Interest Code does not establish any disclosure obligation for City Councilmembers, Planning
Commissioners, City Manager, City Attorney, and Public Officials who Manage Public Investments (City Treasurer),
as Government Code Section 87200 et seq., requires disclosure for these positions as a matter of state law.
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYE POSITIONS AND DISCLOSURE CATEGORIES
Designated Positions Disclosure Category
I. Administrative Services Department
1. Administrative Specialist 1
2. Administrative Services Director 1
3. Administrative Services Manager 1
4. Assistant to City Manager 1
5. Assistant to City Manager/City Clerk 1
6. Assistant City Clerk 1
7. City Clerk 1
8. Deputy City Clerk 1 2
9. Deputy City Clerk II 2
10. Deputy City Manager 1
11. Human Resources Analyst 3
12. Human Resources Assistant 3
13. Human Resources Specialist 3
14. Information Systems Analyst 4
15. Information Systems Manager 1
16. Information Systems Technician 1 4
17. Information Systems Technician II 4
18. Management Analyst 1
19. Senior Information Systems Analyst 4
20. Senior Management Analyst 1
II. Public Works Department
1. Assistant City Engineer 1
2. Assistant Engineer 1
3. Assistant Engineer Consultant 1*
4. Associate Civil Engineer 1
5. Associate Engineer Consultant 1*
6. City Engineer/Public Works Director 1
7. Civil Engineer Consultant 1*
8. Construction Inspector Consultant 1*
9. Management Analyst 1
10. Principal Engineer Consultant 1
11. Public Works Director 1
12. Public Works Superintendent/Inspector 1
13. Public Works Supervisor 1
14. Senior Civil Engineer 1
15. Senior Engineer Consultant 1
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Designated Positions Disclosure Category
16. Senior Maintenance Worker 5
17. Senior Management Analyst 1
18. Traffic Engineer Consultant 1*
III. Community Development Department
1. Administrative Services Manager 1
2. Assistant Planner 1 1
3. Assistant Planner II 1
4. Associate Planner 1
5. Building Inspector Consultant 1*
6. Building Official Consultant 1*
7. Code Compliance Supervisor 1
8. Code Compliance Technician 1 1
9. Code Compliance Technician II 1
10. Community Development Director 1
11, Community Development Technician 1
12. Construction Administrator Consultant 1*
13. Management Analyst 1
14. Planning Director 1
15. Planning Manager 1
16. Principal Planner 1
17. Redevelopment Manager 1
18. Senior Building Inspector Consultant 1*
19. Senior Management Analyst 1
IV. Finance Department
1. Accountant 1 1
2. Accountant II 1
3. Budget and Finance Manager 1
4. Finance Director 1
5. Finance/Accounting Manager 1
6. Senior Account Technician 1
V. Parks, Recreation, and Community Services Department
1. Active Adult Center Coordinator 6
2. Active Adult Center Supervisor 6
3. Administrative Specialist 7
4. Assistant City Manager 1
5. Community Services Technician 7
6. Facilities Technician 5
7. Landscape/Parks Maintenance Superintendent 1
8. Management Analyst 1
9. Parks and Facilities Supervisor 5
10. Parks and Landscape Manager 1
11. Parks and Recreation Director 1
12. Recreation/Community Services Manager 1
13. Recreation Coordinator 1 8
14. Recreation Coordinator II 8
15. Recreation Coordinator III 8
16. Recreation Leader IV 8
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Designated Positions Disclosure Category
17. Recreation Specialist 8
18. Recreation Superintendent 8
19. Recreation Supervisor 8
20. Senior Maintenance Worker 5
21. Senior Management Analyst 1
22. Vector/Animal Control Specialist 9
VI. Redevelopmen t AgenGy
i. Redevelopment Ageny AssistaRtSeGretaFy 1
= Redevelopment Agenr�.roy Counsel
3. Redevelopmen t AgenGy GOnsUl+aRt 1
4 Redevelopment AgenGyExcGutive Direster 1
5. Redevelopment AgenGoeeretaFy 4
6 Redevelopment Manager 1
VII. Moorpark Arts Commission Members 1
Vllf. Library Board Members 1
IXVIII. Parks and Recreation Commission Members 1
IX. Assistant City Attorney 1'
Other Designated Consultants 1
Positions Not Yet Designated 1
X. Successor Agency and Successor Housing Agencv of the Redevelopment Agency of
the City of Moorpark
1. Executive Director 1
2. Redevelopment Manager 1
3. Agencv Counsel 1
Xl. Oversight Board to the Successor Agency of the Redevelopment Agency of the City
of Moorpark Members 1
The Fair Political Practice Commission Regulation(2 California Code of Regulations Section 18700)defines"consultant"as an individual who,
pursuant to a contract with a state or local government agency:
(A) Makes a governmental decision whether to:
(i) Approve a rate,rule or regulation;
(ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or
entitlement;
(iv) Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency
approval;
(v) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the
specifications for such a contract;
(vi) Grant agency approval to a plan,design,report,study or similar item;
(vii) Adopt,or grant agency approval of, policies,standards,or guidelines for the agency,or for any subdivision thereof;or
(B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the
agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code.
Consultants shall be included in the list of designated positions and shall disclose pursuant to Category 1,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.
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APPENDIX B
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES DESCRIPTION
Category 1
Any investment or interest in real property, any loan, any gift, or any income in which the
"designated employee" or spouse has an interest within the jurisdiction of the City of Moorpark, as
defined in this Code; and any investments in business entities or income from sources which provide
supplies, equipment or services of the type utilized by the department or division for which the
Designated EePosition is assigned.
*Disclosure by Consultants
Consultants shall be included in the list of designated employeespositions and shall disclose
pursuant to Category 1, 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 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.
Category 2
Any investment in, or interest from, as defined by the Code, any person or business entity which
provides services, goods or equipment involving municipal elections, printing services, records
management, or preparation of minutes or transcripts.
Category 3
Any investment in, or income from, as defined by the Code, any person or business entity which
provides human resources and risk management related services, goods or equipment, including
but not limited to recruitment, testing, selection or placement, temporary staffing, and insurance and
other benefit programs.
Category 4
Any investment in, or income from, as defined by the Code, any person or business entity which
provides services, goods or equipment involving purchasing of supplies, equipment, or services,
including but not limited to installation, maintenance or repair of City equipment such as telephones,
copiers, and computers, and purchasing of City office and computer supplies, software and
equipment.
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Category 5
Any investment in, or income from, as defined by the Code, any person or business entity which
provides parks, recreation, building construction and maintenance supplies, engineering, or public
works related services, goods, or equipment, including but not limited to maintenance of parks,
landscaping, City-owned facilities/buildings, streets, and other public right-of-way.
Category 6
Any investment in, or income from, as defined by the Code, any person or business entity which
provides services, goods, or equipment for seniors, including but not limited to contract instructor
services, and recreation and special event services and supplies.
Category 7
Any investment in, or income from, as defined by the Code, any person or business entity which
provides public transit, solid waste, recycling, or household hazardous waste related services, goods
or equipment, including but not limited to bus and taxi services, solid waste franchise services, and
household hazardous waste cleanup type services.
Category 8
Any investment in, or income from, as defined by the Code, any person or business entity which
provides parks and recreation related services, goods, or equipment, including but not limited to
contract instructor services, recreation and special event services and supplies, playground
equipment, day care and teen event services and supplies.
Category 9
Any investment in, or income from, as defined by the Code, any person or business entity which
provides vector and/or animal control related services, goods, or equipment.
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