The Political Reform Act, Government Code Section 81000 et seq., requires state and local government agencies adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (California Code of Regulations Section 18730) for use by public agencies, and as such, Placer County hereby incorporates that regulation by reference, along with certain modifications, and the attached appendix that designates the officials and employees within the disclosure categories as required by law. This article, as well as the referenced appendix, constitutes the conflict of interest code of the county of Placer.
(Ord. 5695-B § 2, 2012)
A. 
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (California Code of Regulations Section 18100 et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code.
B. 
"Form 700 program" is the county's process for collecting forms required by the Political Reform Act, Government Code Section 81000 et seq., and managing, training and notifying county employees related to this article's requirements.
(Ord. 5695-B § 2, 2012)
A. 
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 any financial interest.
B. 
The county counsel is authorized to determine, on a case-by-case basis, whether a person under contract with the county exercises a sufficient amount of discretion to be deemed a designated employee for purposes of this code.
C. 
This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code 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 financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200 et seq.
(Ord. 5695-B § 2, 2012; Ord. 6059-B § 1, 2021)
A. 
An appendix to this article identifying all designated positions, including those who sit on certain boards, commissions, and committees, who are required to comply with the provisions of this article shall be maintained in the office of the registrar of voters, and shall be available for public inspection during regular business hours.
B. 
The appendix shall be established, and future amendments, additions, or deletions shall be made to such appendix by resolution of the board of supervisors.
(Ord. 5695-B § 2, 2012)
All designated employees are required to file statements of economic interests pursuant to this conflict of interest code and to file in accordance with the following procedure:
A. 
Statements of Economic Interests—Time of Filing.
1. 
Initial Statements. All designated employees employed by the agency on the effective date of the ordinance codified in this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of the ordinance codified in this code. Thereafter, each person already in a position that is added to this code by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment.
2. 
Assuming Office Statements. All persons assuming designated positions after the effective date of the ordinance codified in this code or amendments to this code shall file statements within 30 days after assuming the designated positions.
3. 
Annual Statements. All designated employees shall file statements no later than April 1st of each year.
4. 
Leaving Office Statements. All persons who leave designated positions, or those persons who are in a designated position that is removed from the appendix through an amendment to this code, shall file statements within 30 days after leaving office.
B. 
Statements of Economic Interests—Place of Filing.
1. 
All designated employees shall file statements of economic interests with their department. Upon receipt of the statements of economic interests of the department's designated employees, the department shall make and retain a copy of each and forward the originals of these statements to the county elections division, which shall be the department of the county that manages the Form 700 program.
2. 
Each department head shall designate a department representative to work with the county elections division to distribute forms, provide instructions for their completion and collection of the forms from those persons designated to file such forms within the department. Such designated person from each county department shall be on file with county elections division as the designated representative for their department.
3. 
Each department head (or designated representative) shall review all statements of economic interest to ensure that no apparent conflicts exist within his or her department prior to forwarding the original to the county elections division.
C. 
Statements of Economic Interests—Content of Filing.
1. 
Statements of economic interest for all applicable positions listed under Government Code Section 87200 shall be reviewed by county counsel, including board of supervisors, planning commission, county executive officer and all other elected county officials. The county executive officer shall review the statements for all appointed county department heads, county counsel, and any board, commission, or committee that provides support, input or review to any county department as listed in the appendix.
2. 
Each county department shall review and re-evaluate the designated positions within their department every two years to determine appropriate classifications, deletions or additions. Such review shall be forwarded to the county elections division for initial review, followed by county counsel or CEO's office evaluation and any appropriate revisions to this chapter.
3. 
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 information required pursuant to Government Code Section 87302 and CCR Section 18730.
(Ord. 5695-B § 2, 2012)
A. 
No designated employee shall make, participate in making, or use his or her official positions to influence the making of any governmental decision which will foreseeably have a material financial effect, distinguishable from its effect on the public generally as described under Government Code Section 87103, except that no designated employee shall be prevented from making or participating in the making of any decision to the extent his or her 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 his or her participation legally required for purposes of this section.
B. 
When a designated employee determines that he or she should not make a governmental decision because he or she has a financial interest in it, the determination not to act must be accompanied by disclosure of the financial interest. In the case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor.
(Ord. 5695-B § 2, 2012)
Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the county counsel, provided that nothing in this section requires the county counsel to issue any formal or informal opinion.
(Ord. 5695-B § 2, 2012)
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, Government Code Sections 81000 to 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code Section 87100 has occurred may be set aside as void pursuant to Government Code Section 91003.
(Ord. 5695-B § 2, 2012)
A. 
Every local government agency, meaning any local political subdivision excluding an incorporated city, such as a district of any kind, including a school district, or any department, division, bureau, office, board, commission, or other agency of the foregoing located wholly within Placer County shall adopt a conflict of interest code pursuant to the requirements of the Political Reform Act, and shall adopt or amend such code in a way that allows the constituents of that agency adequate notice and a fair opportunity to present their views.
B. 
Every local government agency located wholly within Placer County shall comply with county requests for information related to that agency's conflict of interest code pursuant to Government Code Section 87306.5 in a timely manner.
C. 
Elected officials and all persons identified as "designated employees" within a local government agency conflict of interest code shall file statements of economic interests in the form and manner required by the Political Reform Act.
(Ord. 5695-B § 2, 2012; Ord. 6059-B § 2, 2021)
A. 
This section sets forth the procedure and standards by which the board of supervisors, in its capacity as a code reviewing body, will review a request for an exemption to the requirement to adopt a conflict of interest code.
B. 
A local government agency may submit a request to the board of supervisors for exemption from the requirement to adopt a conflict of interest code.
C. 
A request for exemption shall be approved only if the board of supervisors finds that if the local government agency requesting the exemption were to adopt a conflict of interest code there would be no "designated employees" as defined herein other than elected officers.
D. 
A request for exemption may be granted by the board of supervisors when all of the following apply:
1. 
The local government agency does not have regulatory, quasi-regulatory, permit, licensing, or planning authority or functions.
2. 
The agency will not acquire real property in the foreseeable future.
3. 
The annual operating budget, exclusive of salaries, is less than $70,000.
E. 
A request for exemption shall be signed by a legal representative of the local government agency and shall be accompanied by:
1. 
A list of every position in the agency, including each officer, employee, member, and consultant of the agency.
2. 
A copy of the job description of each position listed in subsection (E)(1) of this section.
3. 
A statement of the annual operating budget, exclusive of salaries.
4. 
A detailed justification of the request for exemption, including an explanation of why none of the positions listed in subsection (E)(1) of this section are designated employees.
F. 
Within 90 days following submittal of a request for exemption, the board of supervisors shall grant or deny the request and provide notice to the agency of its decision. Failure to provide notice shall not be deemed to constitute approval of the request.
G. 
Requests for exemption must be submitted by local government agencies seeking approval of an exemption within 60 days after the effective date of the ordinance codified in this chapter, and thereafter must be renewed prior to October 1st of each even-numbered year.
(Ord. 5695-B § 2, 2012)