A. 
The Political Reform Act of 1974 (Cal. Gov. Code Section 81000 et seq.) (the "Act") requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) which contains the terms of a standard conflict of interest code. This regulation, including any future amendments made by the Fair Political Practices Commission, may be incorporated by reference into a local agency's conflict of interest code. Therefore, the terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This chapter, along with the attachments hereto, shall constitute the conflict of interest code of the City of Livermore.
B. 
Nothing in this chapter is intended to modify or abridge the provisions of the Act commencing with Government Code Section 87100, which is applicable to all public officials of the City of Livermore (the "City") and directs that no public official of the City shall make, participate in the making, or in any way attempt to use their official position to influence a City decision in which the official knows, or has reason to know, that he or she has a financial interest as defined by the Act.
C. 
This chapter intends to designate those public officials of the City who are involved in City decisions, and to require such designated officials to disclose those financial interests (using Form 700) which could foreseeably be affected, in a material manner, by a City decision made by the official in the performance of the official's responsibilities.
(Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2065 § 1(A), 2018; Ord. 2101 § 2 (Exh. A), 2020)
The city clerk will review the City's conflict of interest code on an annual basis and if changes are required will submit a revised code for Council approval or if no changes are necessary so notify the City Council by the applicable deadline specified in the Act.
(Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2065 § 1(A), 2018; Ord. 2101 § 2 (Exh. A), 2020)
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Section 18110 et seq.), and any amendments to the Act or regulations are incorporated by reference into this conflict of interest code.
(Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2101 § 2 (Exh. A), 2020)
All officials and designated employees required to submit a statement of economic interests shall file their statements with the City's filing officer.
(Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2065 § 1(A), 2018; Ord. 2101 § 2 (Exh. A), 2020)
The filing officer shall make and retain a copy of all statements filed by all officials subject to the Act, and forward the originals of such statements to the Fair Political Practices Commission. The filing officer shall retain the originals of the statements filed by all other designated employees. The filing officer will make all retained statements available for public inspection and reproduction during regular business hours. (Cal. Gov. Code Section 81008.)
(Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2101 § 2 (Exh. A), 2020)
Any violation of this code is subject to the administrative, criminal, and civil sanctions provided in the Act.
The filing officer shall impose penalties for statements of economic interests that are filed late. The fine is $10.00 per day beginning the day after the filing deadline, up to a maximum of $100.00. Late filing penalties can be reduced or waived under certain circumstances as provided in Section 91013 of the Act.
(Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2101 § 2 (Exh. A), 2020)
The persons listed in Appendix A[1] of this chapter 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 economic interests.
(Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2101 § 2 (Exh. A), 2020)
[1]
Editor's Note: Appendix A is included as an attachment to the title.
A. 
This code does not establish any disclosure obligations 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 the City 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 Act, Government Code Section 87200 et seq. Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth herein specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned herein. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office.
B. 
The mayor, members of the City Council and Planning Commission, the City Manager, the City Attorney, and all other City officials who manage public investments, as that term is defined by 2 California Code of Regulations Section 18701(b), are not subject to the City's code but are subject to the disclosure requirements of the Act. (Cal. Gov. Code Section 87200 et seq.). [2 Cal. Code of Regs. Section 18730(b)(3).]
C. 
Employees/Consultants. Consultants that are registered professional engineers or licensed land surveyors who render professional engineering or surveying services independently of City control or direction and who do not exercise City decision making authority may not be required to comply with disclosure obligations in accordance with California Government Code Section 87100.1.
1. 
Disclosure Category 1. All designated employees and consultants in this category shall disclose all sources of income including gifts, loans and travel payments; investments; interests in real property and any business entities in which the designated employee holds a business position. "Business position" means any business entity in which the filer is a director, officer, partner, trustee, employee or holds any management position.
2. 
Disclosure Category 2.
a. 
All designated employees and consultants in this category shall disclose all investments, business positions in business entities, and sources of income (including gifts, loans, and travel payments) if the business entity or source is in or doing business in the jurisdiction of the City and:
i. 
Engages in land development, construction, the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing or other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction; or
ii. 
Provides services, supplies, materials, machinery, or equipment of any type utilized by the employee's division; or
iii. 
Is of the type which contracts with the designated employee's department.
b. 
All designated employees and consultants in this category shall disclose interests in real property located within the jurisdiction of the City.
3. 
Disclosure Category 3. All designated board, committee, or commission members in this category must report all interests in real property investments, business positions in business entities, income (including gifts, loans, and travel payments) from any source in or doing business in the jurisdiction of the City which are subject to the regulation or supervision of the board/committee/commission.
4. 
Section 87200 Filers. Local officials specified in California Government Code Section 87200 include the mayor, City Council members, City Manager, City Attorney, and Planning Commissioners.
(Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2016 § 1(D), 2015; Ord. 2039 § 2(A), 2016; Ord. 2065 § 1(A), 2018; Ord. 2101 § 2 (Exh. A), 2020; Ord. 2162 § 4, 2024)