The Political Reform Act (Government Code §§ 81000, et seq., hereinafter referred to as the Act) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (“FPPC”) has adopted a regulation (2 California Code of Regulations § 18730) which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearings, it may be amended by the FPPC to conform to amendments in the Act. Therefore, the terms of § 18730 and any amendments to it adopted by the FPPC are hereby incorporated by reference. This regulation and the text here designating officials and employees and establishing disclosure categories shall constitute the conflict of interest code of the LAFCO Commission.
The full text of Section 18730, together with any amendment thereto, may be found at: Regulations Index (ca.gov)
A. The Political Reform Act, Government Code Sections 81,000 et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes.
B. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices to conform to amendments to the Political Reform Act after public notice and hearing.
C. The provisions Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference, and along with the attached Appendix “A” in which officials and employees are designated and Appendix B which sets forth disclosure categories, constitute the Conflict of Interest Code of the Santa Barbara Local Agency Formation Commission.
D. Pursuant to Section 4 of the standard Code, designated officers and employees shall file statements of economic interest with the Executive Officer. Upon receipt of the statements filed, a copy shall be retained and the original shall be forwarded to the Elections Division of the Santa Barbara County Clerk-Recorder.
Persons occupying the following positions shall file statements of economic interests with LAFCO. Upon receipt of the statements, LAFCO shall make and retain a copy and forward the original of this statement to the County Clerk of the Board of Supervisors. Statements of Economic Interests are public records available for public inspection.
Persons occupying the following positions are designated employees and must disclose financial interests in those categories described in Appendix B of Commissioners Handbook which are listed opposite their respective designated positions.
DESIGNATED POSITIONS: The designated positions listed below are required to file Form 700 Statements of Economic Interests disclosing certain personal financial interests. These positions are required to file the applicable individual schedules to report investments, business positions, sources of income and interests in real property located in the District’s jurisdiction. The applicable schedules to be filed for each position are based on the disclosure category assigned to the designated position.
Designated Positions and Categories:
Commissioners and Alternate Commissioners (1) - Category 1,2,3,4
Executive Officer - Category 1,2,3,4
Legal Counsel - Category 1,2,3,4
Commission Clerk/Analyst - Category 1,2,3,4
Consultants/New Positions (2) - Category 1,2,3,4
(1). Pursuant to Government Code section 87200, members of the board of supervisors and members of city councils of cities file statements of disclosure pursuant to the state code. These positions are listed here for informational purposes.
(2). The disclosure by consultants and new positions is subject to the following limitation: The LAFCO Executive Officer may determine in writing that a particular consultant or new 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 duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive 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.
Categories of Disclosure:
Officers and employees shall report investments, interest in real property, income, and any business entity in which the person is an owner, director, officer, partner, trustee, employee, or holds any position of management which materially by any decision made or participated in by an officer or employee by virtue of his or her position with the Commission.
Disclosure Category 1: Persons in this category shall disclose:
Interests in real property which is located in whole or in part within the jurisdiction of Santa Barbara County, including any leasehold, beneficial or ownership interest or option to acquire such interest in real property.
Disclosure Category 2: Persons in this category shall disclose:
Business positions or investments in or income from persons or business entities engaged in the appraisal, acquisition, or disposal of real property within the jurisdiction of the Commission.
Disclosure Category 3: Persons in this category shall disclose:
Business positions or investments in business entities and income from any source or sources of income if the business entities or the source of sources of income are of the type which, within the previous two years, have provided or contracted to provide, or in the future with reasonable foreseeability, might provide or contract to provide services, supplies, materials, machinery or equipment to or for the use of the Commission.
Disclosure Category 4: Persons in this category shall disclose:
Business positions or investments in business entities and income from any source or sources of income, if the business entities or source or sources of income are of the type which are subject to the regulation or supervision of the Commission and the designated officer or employee’s duties involve the supervision or regulation (including, but not limited to, the issuance or granting or franchise, building permits or other use or business permits or any other land use control or regulation) of that type of business entity or source of income.