Palo Alto Municipal Code Ch. 2.09 Conflict of Interest Code for Designated Positions

In compliance with the Political Reform Act of 1974, California Government Code Section 81000, et seq., the city council shall adopt by resolution a conflict of interest code for designated positions which shall be applicable to all designated employees and consultants of the city pursuant to Government Code Section 87300. The city council may adopt the conflict of interest code by incorporating by reference applicable provisions of the Political Reform Act or regulations promulgated thereunder by the Fair Political Practices Commission. Nothing in this chapter is intended to modify or abridge the provisions of the Political Reform Act or any other state or local laws or regulations pertaining to conflicts of interest.

(Ord. 4011 § 1, 1991: Ord. 3161 § 1 (part), 1979)

The city council shall adopt by resolution a list of designated positions which shall be incorporated in this chapter by reference as though fully set forth. Officers and employees holding these positions are designated employees and are deemed to make or participate in the making of decisions which may foreseeably have a material effect on a financial interest.

(Ord. 3161 § 1 (part), 1979)

The city council shall adopt by resolution a list of disclosure categories which shall be incorporated in this chapter by reference as though fully set forth. A designated employee shall be assigned to one or more of the disclosure categories. It has been determined that it is foreseeable that the types of investments, interest in real property, and income listed in the disclosure categories may be affected materially by decisions made or participated in by the designated employee by virtue of his or her position. Each designated employee shall file statements of economic interests disclosing his or her interest in investments, real property, and income designated as reportable under the category to which the employee's position is assigned.

(Ord. 3161 § 1 (part), 1979)

All designated employees required to submit a statement of economic interests shall file the original with the city clerk.

(Ord. 4011 § 2, 1991: Ord. 3161 § 1 (part), 1979)

Before adopting or amending the conflict of interest code, list of designated positions, or list of disclosure categories, the city council will provide elected and appointed officials, employees, residents of the city, and consultants of the city adequate notice and a fair opportunity to present their views. Notice of intention to amend the conflict of interest code, list of designated positions or list of disclosure categories may be provided by publication in a newspaper of general circulation within the city once, not later than twenty days before any amendment. Notice may also be provided by posting upon public bulletin boards at least twenty days before any amendment or by serving designated employees individually with a copy of the written notice not later than twenty days before an amendment. Such notice shall specify whether the opportunity to present views shall be pursuant to written comments submitted before any amendment or whether oral comments at a public meeting will be accepted.

(Ord. 4011 § 3, 1991: Ord. 3161 § 1 (part), 1979)

The city manager or his or her designee 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. Any such written determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements, if any. The city manager or his or her designee may also determine whether a particular consultant is performing duties so as to constitute a "consultant" as the term is defined in the Political Reform Act and regulations promulgated thereunder. The city manager's determination shall be a public record and shall be retained for public inspection in the same manner and location as the conflict of interest code.

(Ord. 4011 § 4, 1991: Ord. 3161 § 1 (part), 1979)