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HomeMy WebLinkAboutReso 27-26 Amending and Readopting Conflict of Interest Code_Clean - signedRESOLUTION NO. 27-26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING A REVISED CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 11-24 AND EACH OTHER RESOLUTION IN CONFLICT HEREWITH T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Political Reform Act of 1974 (California Government Code Sections 81000 et seq.) requires local government agencies to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Political Reform Act and implementing regulations (California Code of Regulations, Title 2, Division 6, Sections 18104, et seq.) adopted by the Fair Political Practices Commission (FPPC) set forth various rules applicable to such conflict of interest including rules of disclosure and participation; and WHEREAS, the Fair Political Practices Commission recommends each agency incorporate Commission Regulations 18730 and 18720 by reference as the body of their Code, and all changes to the Political Reform Act and to Regulations 18730 and 18720 will automatically be part of the City’s Conflict of Interest Code; and WHEREAS, on February 13, 2024, the City Council adopted Resolution No. 11-24, adopting a Conflict of Interest Code for the City of Morro Bay and desires to adopt necessary and appropriate amendments thereto; and WHEREAS, the City Council has determined the documents attached to this Resolution, as Exhibits A and B, accurately set forth the current designated positions regulated by the Conflict of Interest Code, and the respective categories of financial interests which should be made reportable and those boards and commissions which should be designated and the respective categories of financial interests which should be made reportable by their members; and WHEREAS, this action will ensure the City’s Conflict of Interest Code is up to date and in compliance with the law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: SECTION 1. Resolution No. 11-24 and any parts or sections of any other resolutions in conflict with this Resolution are hereby rescinded and/or repealed as necessary to resolve such conflict. SECTION 2. The terms of Title 2, Division 6 of the California Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, incorporated herein by reference, along with the attached documents entitled Exhibit A, in which members and employees are designated, and Exhibit B in which disclosure categories are set forth, constitute the Conflict of Interest Code for the City of Morro Bay. Resolution No. 27-26 Page 2 SECTION 3. Pursuant to the Code, any person holding a designated position, including any person holding a designated position in an acting capacity, shall file a Statement of Economic Interest with the City Clerk. Additionally, any person hired for a position not covered by the Code, who makes or participates in making a governmental decision shall file a Statement of Economic Interest with the City Clerk. SECTION 4. Persons holding the positions of Mayor, Councilmember, Planning Commissioner, City Manager, City Attorney, City Treasurer, and other City Officials who manage public investments as defined by 2 California Code of Regulations Section 18700.3(b) must file disclosure statements electronically with the Fair Political Practices Commission pursuant to Government Code section 87200 et seq (Regs. Section 18730(b)(3). SECTION 5. Any future amendments to the City’s Conflict of Interest Code including, but not limited to, amendments to the designated positions list or to the financial disclosure categories, shall be made by resolution duly adopted by the City Council of the City of Morro Bay. SECTION 6. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 9th day of June 2026 on the following vote: AYES: Wixom, Eckles, Edwards, Landrum, Luffee NOES: None ABSENT: None ABSTAIN: None RECUSE: None CARLA WIXOM, Mayor ATTEST: DANA SWANSON, City Clerk Carla Wixom (Jun 10, 2026 16:03:51 PDT) Carla Wixom Resolution No. 27-26 Page 3 EXHIBIT A RESOLUTION NO. 27-26 CITY OF MORRO BAY LIST OF DESIGNATED POSITIONS CONFLICT OF INTEREST CODE Position Disclosure Category Mayor, Council Members, City Manager, City Attorney, City Treasurer, Planning Commission Members & Finance Manager As required by State law Members of Boards, Committees & Commissions Citizens Oversight / Citizens Finance Advisory Committee 1,2 Harbor Advisory Board 1,2 Public Works Advisory Board 1,2 Recreation & Parks Commission 1,2 City Manager’s Office City Clerk 1,6 Human Resources/Risk Manager 1,6 Administrative Services Finance Director 1,2,5 Information Technology Manager Senior Fiscal Analyst 1,5 1,5 Harbor Harbor Director 1,2,6 Harbor Business Manager Harbor Patrol Supervisor 3,4,6 4,6 Fire Fire Chief 1,2,6 Deputy Chief/Fire Marshal Fire Captain Administrative Technician 4,6 6 6 Resolution No. 27-26 Page 4 Police Police Chief 1,2,6 Police Commander 1,6 Police Support Services Manager 1,6 Public Works Public Works Director 1,2,6 Management Analyst 1,6 City Engineer 1,2,6 Senior Civil Engineer 1,2,6 Utilities Project Manager 1,2,6 Associate Engineer 2,3,4,6 Assistant Engineer 2,3,4,6 Utilities Division Manager 2,3,4,6 Maintenance Division Manager 4,6 Public Works Inspector Utilities Division Supervisor 3,4 2,6 Operational Technology Specialist 2,6 Community Development Community Development Director 1,2,6 Planning Manager Senior Planner Associate Planner Chief Building Inspector/Plans Examiner Building Inspector 2,3,4,6 2,3,4,6 2,3,4 2,3,4,6 2,3,4 Recreation Recreation Services Division Manager 1,6 Recreation Supervisor – Sports Services 6 Recreation Supervisor – Youth Services 6 Consultants Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code 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 the Conflict of Interest Code. 1,2 Resolution No. 27-26 Page 5 EXHIBIT B RESOLUTION NO. 27-26 CITY OF MORRO BAY DISCLOSURE CATEGORIES Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Exhibit A. Disclosure Categories Category 1: Investments/Sources of Income. All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, doing business in, or own real property within the jurisdiction of the City. Category 2: Real Property Interests. All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property. Category 3: Regulatory/Permits/Licensing Authority. All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit or licensing authority of the designated position’s department. Category 4: Land Development/Construction/Acquisition. All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City. Category 5: Contracting/Procurement (Citywide). All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City. Category 6: Contracting/Procurement (Department/Division) All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department or division. Reso 27-26 Amending and Readopting Conflict of Interest Code_Clean Final Audit Report 2026-06-10 Created:2026-06-10 By:Heather Goodwin (hgoodwin@morrobayca.gov) Status:Signed Transaction ID:CBJCHBCAABAArsn1WdAL0m0yBz-QkHVgoKoj3Ct93QYv "Reso 27-26 Amending and Readopting Conflict of Interest Code _Clean" History Document created by Heather Goodwin (hgoodwin@morrobayca.gov) 2026-06-10 - 8:59:09 PM GMT Document emailed to cwixom@morrobayca.gov for signature 2026-06-10 - 8:59:42 PM GMT Email viewed by cwixom@morrobayca.gov 2026-06-10 - 11:03:25 PM GMT Signer cwixom@morrobayca.gov entered name at signing as Carla Wixom 2026-06-10 - 11:03:49 PM GMT Document e-signed by Carla Wixom (cwixom@morrobayca.gov) Signature Date: 2026-06-10 - 11:03:51 PM GMT - Time Source: server - Signature Appearance Selected: MOBILE_TYPE Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature 2026-06-10 - 11:03:53 PM GMT Email viewed by Dana Swanson (dswanson@morrobayca.gov) 2026-06-10 - 11:37:06 PM GMT Document e-signed by Dana Swanson (dswanson@morrobayca.gov) Signature Date: 2026-06-10 - 11:37:16 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Agreement completed. 2026-06-10 - 11:37:16 PM GMT