HomeMy WebLinkAbout2022-09-27; City Council; ; 2022 Conflict of Interest Code UpdateCA Review CKM
Meeting Date: Sept. 27, 2022
To: Mayor/President and City Council/Board
From: Scott Chadwick, City Manager
Staff Contact: Kaylin McCauley, Deputy City Clerk
kaylin.mccauley@carlsbadca.gov, 442-339-5979
Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 442-339-5989
Cindie McMahon, City Attorney
cindie.mcmahon@carlsbadca.gov, 442-339-5986
Subject: 2022 Conflict of Interest Code Update
Recommended Action
The following actions are recommended:
• That the City Council adopt a resolution amending the Conflict of Interest Code of the
City of Carlsbad (Exhibit 1)
• That the Carlsbad Municipal Water District Board of Directors adopt a resolution
amending the Conflict of Interest Code of the District (Exhibit 2)
• That the Community Development Commission adopt a resolution amending the
Conflict of Interest Code of the Commission (Exhibit 3)
• That the Public Financing Authority adopt a resolution amending the Conflict of Interest
Code of the Authority (Exhibit 4)
• That the City Council as successor agency to the redevelopment agency adopt a
resolution amending the Conflict of Interest Code of the agency (Exhibit 5)
• That the City Council introduce an ordinance amending Carlsbad Municipal Code
Chapter 1.14 Disqualification for Conflict of Interest (Exhibit 7)
Executive Summary
The Political Reform Act of 1974 requires agencies to biennially review and amend their local
conflict of interest codes. These codes designate the positions that are subject to financial
disclosure requirements, and the level of disclosure that is required for each position.
Staff have reviewed and prepared an updated Conflict of Interest Code incorporating changes
to the code, changes to the disclosure categories, and changes in designated positions that
have been modified, added or deleted since the code was last reviewed in 2020.
The law requires the City Council’s approval for any such changes.
Sept. 27, 2022 Item #4 Page 1 of 90
.il OINT MEETING1
;,j tlrt' r:uy r :,>1trt('.il, r ;,,rl$f.m/, f1mlciJ"l(I./ l\ht,,r D4lt/.t:J, l'r,Wlc: Fit111,1rr,ig 1\rult<.rll)'. · m1m1mil)' [J ,,/opm,,,11
O,mmls.!lrm ,u11t C/Jy r:mmtll, '$ !>um=r , n.t)' t,> dtf lltvli'lt,>kJfm,em >ruy
Discussion
Conflict of Interest Code
By agreement with the City of Carlsbad, the Carlsbad Municipal Water District, the Community
Development Commission, the Carlsbad Public Financing Authority, and the City Council as the
successor agency to the Redevelopment Agency have their services performed by city
employees, and the city is reimbursed by the other legal entities for those costs. The appendix
to the Conflict of Interest Code lists the designated positions that require anyone holding such
positions to disclose their investments, real property interests, business positions and sources
of income. An employee in a designated position may be disqualified from taking certain
actions because the employee’s duties for the city or the other agencies include making or
participating in making decisions that could affect the employee’s personal financial interests.
Staff’s biennial review of the code identified several designated positions that have been
added, reclassified or eliminated, which requires the List of Designated Positions and Disclosure
Categories to the Conflict of Interest Code to be amended accordingly.
The number of disclosure categories was increased from four to seven in 2015. Staff have
reexamined the seven disclosure categories and determined that only five are needed to
coincide with each designated position’s actual duties. The Appendix to the Conflict of Interest
Code has been amended to reflect this proposed change.
As provided in the Conflict of Interest Code, employees occupying these designated positions
can expand their disclosure statements to cover reportable interests for all of the jurisdictions
they report. They can file these expanded disclosure statements with the City Clerk, provided
each copy of the expanded disclosure statement is signed and verified by the designated
employee as if it was an original.
The City Clerk’s Office, working with Human Resources and the City Attorney’s Office, has
updated the Conflict of Interest Code to reflect all changes in positions since the code was last
adopted, in 2020. A version showing all changes to the code is attached as Exhibit 6 to this
report.
Disqualification for Conflict of Interest Ordinance
When the City Council ended the Carlsbad Municipal Code and City Council Policy Update
Subcommittee in 2021, it did so with the understanding that city staff would continue to work
on and bring updates to the full City Council for consideration. When possible and for
efficiency, city staff have combined updates with related items being presented to the City
Council.
Consistent with this practice, city staff are also proposing amendments to Carlsbad Municipal
Code Chapter 1.14 - Disqualification for Conflict of Interest. Since 1988, when this chapter was
first added to the municipal code, this chapter has established a stricter standard for
determining disqualifications for real property conflicts of interest. Currently, the chapter
prohibits public officials or designated employees from participating in a decision if they “have
an interest in real property located within a 600-foot radius of the boundaries of the property
which is the subject of a decision unless the decision will have no financial effect” on their real
property interests. Fair Political Practices Commission regulations use a 500-foot radius for
Sept. 27, 2022 Item #4 Page 2 of 90
presumptive disqualifications.1 (California Code of Regulations, title 2, Section
18702.2(a)(7).) The proposed amendments do not change the city’s 600-foot disqualification
standard. Rather, the amendments modernize the language in the chapter and conform the
language to other recent updates to the municipal code.
Fiscal Analysis
There is no significant fiscal impact as a result of adoption of these resolutions.
Next Steps
The City Clerk’s Office will post the updated Conflict of Interest Code with an amended
appendix on the city’s website and notify affected employees of the amendments. If the City
Council introduces the ordinance amending Chapter 1.14, the City Clerk’s Office will prepare
the ordinance for adoption at the next regular City Council meeting. Once adopted, the City
Clerk’s Office will publish the ordinance or a summary of the ordinance in a newspaper of
general circulation within 15 days. The ordinance will be effective 30 days following its
adoption.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council resolution
2. Carlsbad Municipal Water District Resolution
3. Community Development Commission resolution
4. Public Financing Authority Resolution
5. City Council as a successor agency to the redevelopment agency resolution
6. Amended Conflict of Interest Code, with revisions highlighted
7. City Council ordinance
8. Carlsbad Municipal Code Chapter 1.14, with proposed revisions highlighted
1 Under Fair Political Practice Commission regulations, there is generally no conflict of interest for decisions
involving property 1000 feet or more from an official’s or employee’s property. Whether there is a conflict of
interest for decisions involving property between 500 and 1000 feet depends on the specific facts and
circumstances. (Cal. Code Regs., tit. 2, § 18702.2(a)(8) & (b).)
Sept. 27, 2022 Item #4 Page 3 of 90
RESOLUTION NO. 2022-225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE OF THE CITY OF
CARLSBAD
WHEREAS, the City of Carlsbad has previously adopted and amended its Conflict of Interest Code;
and
WHEREAS, provisions of the Political Reform Act of 1974 ("the Act") (Government Code Section
81000 et seq.) require an amendment to the code due to changed circumstances, changed duties or new
positions; and
WHEREAS, the City Council is the code reviewing body within the meaning of the Act; and
WHEREAS, the City Clerk's Office has prepared amendments to the Conflict of Interest Code and
Appendix that is required to be incorporated in the code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the revised Conflict of Interest Code (Attachment A), Appendix (Attachment B) and
List of Designated Positions and Disclosure Categories (Attachment C) for the combined
City of Carlsbad, City Council as Successor Agency to the Redevelopment Agency,
Community Development Commission, Carlsbad Municipal Water District, and Public
Financing Authority reflecting the changed circumstances in positions and disclosure
categories since the last amendment is approved.
Sept. 27, 2022 Item #4 Page 4 of 90
Exhibit 1
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City Council of the City of
Carlsbad, the Carlsbad Municipal Water District, the Community Development Commission, the Public
Financing Authority, and the City Council as Successor Agency to the Redevelopment Agency on the 27th
day of September, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
r FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Sept. 27, 2022 Item #4 Page 5 of 90
Attachment A
CONFLICT
OF
INTEREST CODE
for the
City of Carlsbad
Carlsbad Municipal Water District
Community Development Commission
Carlsbad Public Financing Authority
City of Carlsbad as Successor Agency to the Carlsbad
Redevelopment Agency
Sept. 27, 2022 Item #4 Page 6 of 90
{city of
Carlsbad
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
SECTION I: Title: This Code shall be known and may be cited as "Conflict of Interest Code of the
City of Carlsbad, the Carlsbad Municipal Water District, the Community Development
Commission, Carlsbad Public Financing Authority and the City of Carlsbad as Successor Agency
to the Carlsbad Redevelopment Agency."
SECTION II: Authority: This Code is adopted under the provisions of the Political Reform Act of
1974, found in the California Government Code beginning with Section 81000, and its
implementing regulations, found in Title 2 of the California Code of Regulations beginning with
Section 18700.
SECTION III: Purpose: This Code is adopted in order to:
A. Assure that all designated employees and individuals perform their duties in an
impartial manner, free from bias caused by financial interests;
B. Enumerate and differentiate the positions of employment within the City which
involve the making of decisions which may foreseeably have a material effect upon
a financial interest;
C. Require the disclosure of such interests, by setting forth the specific types of
interests which are reportable for each position; and
D. Require that designated employees disqualify themselves from participation in
City decision-making which may involve a conflict of interest.
SECTION IV: Incorporation by Reference: Except as stated in Section V below, the standard
conflict of interest code prepared by the Fair Political Practices Commission, found in Title 2,
Section 18730, of the California Code of Regulations, as it may be amended from time to time, is
incorporated by this reference. Together with the attached Appendix and List of Designated
Positions and Disclosure Categories, it constitutes the “Conflict of Interest Code of the City of
Carlsbad, the Carlsbad Municipal Water District, the Community Development Commission,
Carlsbad Public Financing Authority and the City of Carlsbad as Successor Agency to the Carlsbad
Redevelopment Agency."
Sept. 27, 2022 Item #4 Page 7 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
SECTION V: Amendments to Standard Conflict of Interest Code:
A. Section 9.5 of the standard conflict of interest code found in Title 2, Section
18730, of the California Code of Regulations is deleted as it applies only to state
officers and employees.
B. Section 4 of the standard conflict of interest code found in Title 2, Section 18730, of
the California Code of Regulations is amended to read as follows:
Section 4: All designated employees and individuals shall file their statements of economic
interests with the City of Carlsbad’s City Clerk’s Office, which will make the statements
available on the city’s website for public viewing and downloading.
SECTION VI: Repeal: This Code shall repeal and supersede all previous versions of the “Conflict
of Interest Code of the City of Carlsbad, the Carlsbad Municipal Water District, the Community
Development Commission, Carlsbad Public Financing Authority and the City of Carlsbad as
Successor Agency to the Carlsbad Redevelopment Agency."
SECTION VII: Effective date: This Code shall be effective upon adoption by resolution of the
appropriate code reviewing body.
Sept. 27, 2022 Item #4 Page 8 of 90
Attachment B
APPENDIX
for
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES AND DESIGNATED POSITIONS
General Provisions
When designated employees or individuals are required to disclose investments, business
positions and sources of income, they need to only disclose investments in business entities and
sources of income which do business in the city, plan to do business in the city or have done
business in the city within the past 2 years. In addition to other activities, a business entity is
doing business within the city if it owns real property within the city. When designated
employees or individuals are required to disclose real property, they need to only disclose that
which is located in whole or in part, within or not more than 2 miles outside the boundaries of
the city or within 2 miles of any land owned or used by the city.
Designated employees or individuals shall disclose their financial interests pursuant to the
appropriate disclosure category as indicated in the List of Designated Positions and Disclosure
Categories.
Resource: Title 2, California Code of Regulations, Section 18730 Provisions of Conflict of Interest Codes.
Sept. 27, 2022 Item #4 Page 9 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Disclosure Categories
Category 1: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from sources in or doing business in Carlsbad.
Category 2: Designated employees and individuals shall report all real property
interests within the Carlsbad, including property located within a two-mile
radius of any property owned or used by the City of Carlsbad.
Category 3: Designated employees or individuals shall report all investments, business
positions in business entities and income, including gifts, loans and travel
payments, from sources which engage in the appraisal, acquisition,
disposal, development, rehabilitation, or construction of improvements on
real property in Carlsbad, including real property located within a two-mile
radius of any property owned or used by the City of Carlsbad.
Category 4: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from any source, in or doing business within Carlsbad, which
provides services, supplies, materials, machinery or equipment of the type
utilized by the city.
Category 5: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from any source, in or doing business within Carlsbad, which
provides services, supplies, materials, machinery or equipment of the type
utilized by the designated employee’s or individual’s department.
Section 87200 Filers
Employees and individuals to whom California Government Code Section 87200 applies,
including the City Council and City Treasurer, candidates for these elected offices, the Planning
Commission, the City Manager, the City Attorney, the Deputy City Manager of Administrative
Services, and other public officials who manage public investments, are required to fully disclose
their personal assets and income.
Sept. 27, 2022 Item #4 Page 10 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Consultants
“Consultant” is defined by the Fair Political Practices Commission, as an individual who, pursuant
to a contract with a state or local governmental agency:
(a) Makes a governmental decision to:
1) Approve a rate, rule or regulation;
2) Adopt or enforce a law;
3) Issue, deny, suspend, or revoke any permit, license, application, certificate,
approval, order, or similar authorization or entitlement;
4) Authorize the agency to enter into, modify, or renew a contract provided it is
the type of contract that requires agency approval;
5) Grant agency approval to a contract that requires agency approval and in
which the agency is a party, or to the specifications for such a contract;
6) Grants agency approval to a plan, design, report, study, or similar item;
7) Adopt, or grant agency approval of, policies, standards, or guidelines for the
agency, or for any subdivision of the agency; or
(b) Serves in a staff capacity with the agency and in that capacity participates in
making a governmental decision or performs the same or substantially all the
same duties for the agency that would otherwise be performed by an individual
holding a position designated in the agency’s conflict of interest code.
A consultant does not act in a staff capacity where the work is to be performed
on one project or a limited number of projects over a limited period of time, or
where the relationship between the contractor and the agency would last only
12-16 months with no ongoing relationship contemplated, or where, under a
multi-year contract, the contractor would perform only on a sporadic basis.
A consultant participates in making a governmental decision if the consultant
provides information, an opinion, or a recommendation for the purpose of
affecting the decision without significant intervene substantive review.
The staff person most knowledgeable of the work that a consultant will be performing shall
designate whether the consultant must file a Statement of Economic Interest by marking the
appropriate box in the contract and/or on the contract cover sheet. When a consultant is
designated and is responsible for disclosure, the consultant shall be required to file a Statement
of Economic Interest disclosing reportable interests in Disclosure Categories 1 and 2.
Sept. 27, 2022 Item #4 Page 11 of 90
Attachment C
LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Mayor and City Council Members (87200 Filer) Full Disclosure
City Treasurer (87200 Filer) Full Disclosure
City Clerk (87200 Filer) Full Disclosure
Planning Commission Members (87200 Filer) Full Disclosure
City Manager (87200 Filer) Full Disclosure
City Attorney (87200 Filer) Full Disclosure
Members of the Successor Agency of the Carlsbad Redevelopment
Agency – Includes Chairman/Members, Executive Director, Counsel,
Secretary (87200 Filer)
Full Disclosure
Public Financing Authority Members – Includes
Chairman/Members, Executive Director, Counsel, Secretary,
Treasurer (87200 Filer)
Full Disclosure
Community Development Commission Members – Includes
Chairman/Members, Executive Director, Counsel, Secretary (87200
Filer)
Full Disclosure
Carlsbad Municipal Water District Board of Directors Members –
Includes Board Members, Counsel, Secretary (87200 Filer)
Full Disclosure
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
Deputy City Treasurer Full Disclosure
Investment Review Committee Members Full Disclosure
Assistant to the City Treasurer 1, 2, 4
POSITIONS UNDER THE CITY MANAGER
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Accountant 1, 2, 4
Accounting Supervisor 1, 2, 4
Assistant City Manager 1, 2, 3, 4
Assistant Director of Community Development 1, 2, 3, 4
Assistant Director of Emergency Services 1, 2, 3, 4
Assistant Engineer 2, 3, 5
Assistant Finance Director 1, 2, 3, 4
Assistant Fire Chief 1, 2, 3, 4
Assistant Fire Marshal 2, 3, 5
Assistant Human Resources Director 1, 2, 4
Assistant IT Director 1, 2, 4
Assistant Planner 2, 3, 5
Assistant Police Chief 1, 2, 3, 4
Associate Contract Administrator 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 12 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Associate Engineer 2, 3, 5
Associate Management Analyst 2, 3, 5
Associate Planner 2, 3, 5
Building Inspector I/II 1, 2, 3, 5
Building Official 1, 2, 3, 5
Business Intelligence & Analytics Manager 1, 2, 5
Business Intelligence Analyst 1, 2, 5
Business Systems Specialist 2, 5
Buyer/Contract Administrator 1, 2, 3, 4
Chief Innovation Officer 1, 2, 3, 4
City Clerk Services Manager 1, 2, 3, 4
City Planner 1, 2, 3, 4
City Traffic Engineer 1, 2, 3, 4
Code Enforcement Manager 1, 2, 3, 4
Code Enforcement Officer I/II 1, 2, 3, 5
Communication & Engagement Director 1, 2, 3, 4
Communications Coordinator 1, 2, 5
Community Arts Coordinator 1, 2, 5
Community Development Director 1, 2, 3, 4
Community Health Nurse 1, 2, 5
Community Relations Manager 2, 5
Contract Administrator 1, 2, 3, 4
Cultural Arts Manager 1, 2, 5
Deputy City Manager 1, 2, 3, 4
Deputy Library Director 1, 2, 5
Deputy Fire Marshall 2, 3, 5
Development Services Manager 1, 2, 3, 4
Director of Legislative & Constituent Services 1, 2, 3, 4
Economic Development Manager 1, 2, 3, 5
Engineering Manager 1, 2, 3, 5
Emergency Preparedness Manager 1, 2, 3, 5
Environmental Manager 1, 2, 3, 5
Environmental Sustainability Director 1, 2, 3, 4
Environmental Specialist I/II/Senior 2, 3, 5
Executive Assistant 1, 2, 3, 4
Finance Director 1, 2, 3, 4
Finance Manager 1, 2, 3, 4
Finance/Payroll/IT Manager 1, 2, 5
Fire Battalion Chief 1, 2, 3, 4
Fire Chief 1, 2, 3, 4
Fire Division Chief 1, 2, 5
Fire Prevention Specialist I/II 1, 2, 3
Sept. 27, 2022 Item #4 Page 13 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
GIS Administrator 1, 2, 3, 5
Homeless Services Manager 1, 2, 3, 5
Housing & Homeless Services Director 1, 2, 3, 4
Housing Services Manager 1, 2, 3, 5
Human Resources Director 1, 2, 4
Human Resources Manager 1, 2, 5
Information Technology Director 1, 2, 4
Information Technology Manager 1, 2, 5
Information Technology Project Manager 1, 2, 5
Information Technology Security Manager 1, 2, 5
Inspector I/II 1, 2, 3
Intergovernmental Affairs Director 1, 2, 3, 4
Internal Audit Manager 1, 2, 3, 4
Library & Cultural Arts Director 1, 2, 4
Management Analyst 1, 2, 3, 4
Meter Services Supervisor 2, 5
Municipal Projects Manager 1, 2, 3, 5
Parks & Recreation Director 1, 2, 3, 4
Park Planning Manager 1, 2, 3, 5
Park Planner 2, 3, 5
Parks Services Manager 1, 2, 3, 5
Parks Superintendent 1, 2, 5
Parks/Trees Supervisor 2, 5
Police Captain 1, 2, 5
Police Chief 1, 2, 3, 4
Police Communications Manager 1, 2, 5
Police Lieutenant 1, 2, 5
Principal Librarian 1, 5
Principal Planner 1, 2, 3, 4
Program Manager 1, 2, 3, 5
Public Works Manager 1, 2, 3, 5
Public Works Superintendent 1, 2, 3, 5
Public Works Supervisor 2, 4
Real Estate Manager 1, 2, 3, 5
Recreation Area Manager 1, 2, 5
Recreation Services Manager 1, 2, 5
Risk Manager 1, 2, 4
Safety & Compliance Manager 1, 2, 5
Safety Training Center Manager 1, 2, 5
SCADA Supervisor 2, 5
Senior Accountant 1, 2, 5
Senior Applications Analyst 2, 5
Sept. 27, 2022 Item #4 Page 14 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Senior Building Inspector 1, 2, 3, 5
Senior Business Systems Specialist 1, 2, 5
Senior Code Enforcement Officer 1, 2, 3, 5
Senior Construction Inspector 1, 2, 3, 5
Senior Contract Administrator 1, 2, 5
Senior Database Administrator 1, 2, 5
Senior Engineer 1, 2, 3, 5
Senior IT Project Manager 1, 2, 5
Senior Management Analyst 1, 2, 3, 5
Senior Network Engineer 2, 4, 5
Senior Planner 1, 2, 3, 5
Senior Program Manager 1, 2, 3, 5
Senior System Administrator 2, 5
Special Projects Manager 1, 2, 5
Systems Administrator 2, 5
Transportation Director 1, 2, 3, 4
Transportation Planning & Mobility Manager 1, 2, 3, 5
Utilities Associate Engineer 2, 3, 5
Utilities Director 1, 2, 3, 4
Utilities Engineering Manager 1, 2, 3, 4
Utilities Maintenance Planner 1, 2, 5
Utilities Manager 1, 2, 4
Utilities Senior Engineer 1, 2, 3, 5
Utilities Superintendent 1, 2, 3, 5
Utilities Supervisor 2, 5
Utilities Technical Services Manager 1, 2, 5
Warehouse Technician 2, 5
Zoning Enforcement Officer 1, 2, 3, 4
CITY ATTORNEY’S OFFICE
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Senior Assistant City Attorney 1, 2, 3, 4
Assistant City Attorney 1, 2, 3, 4
Deputy City Attorney 1, 2, 3, 4
Executive Assistant 1, 2, 3, 4
Senior Assistant City Attorney 1, 2,3, 4
Senior Management Analyst 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 15 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
BOARDS/COMMISSIONS/COMMITTEES (Members of Designated Appointed Positions)
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory
Committee
1, 2, 3
Arts Commission 1, 2, 3
Beach Preservation Commission 1, 2, 3
Board of Library Trustees 1, 2, 3
Carlsbad Golf Lodging Business Improvement District 1, 2, 3
Carlsbad Tourism Business Improvement District 1, 2, 3
Community Development Block Grant Committee 1, 2, 3
Design Review Committee 1, 2, 3
Growth Management Plan Update Advisory Committee 1, 2, 3
Historic Preservation Commission 1, 2, 3
Housing Commission 1, 2, 3
Parks & Recreation Commission 1, 2, 3
Senior Commission 1, 2, 3
Traffic & Mobility Commission 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 16 of 90
RESOLUTION NO. 1683
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL
WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE
CONFLICT OF INTEREST CODE OF THE CARLSBAD MUNICIPAL WATER DISTRICT
WHEREAS, the Carlsbad Municipal Water District has previously adopted and amended its Conflict
of Interest Code; and
WHEREAS, provisions of the Political Reform Act of 1974 ("the Act") (Government Code Section
81000 et seq.) require an amendment to the code due to changed circumstances, changed duties or new
positions; and
WHEREAS, the Board of Directors is the code reviewing body within the meaning of the Act; and
WHEREAS, the Secretary has prepared amendments to the Conflict of Interest Code and Appendix
that is required to be incorporated in the code.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District of the City of
Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.That the revised Conflict of Interest Code (Attachment A), Appendix (Attachment B) and
List of Designated Positions and Disclosure Categories (Attachment C) for the combined
City of Carlsbad, City Council as Successor Agency to the Redevelopment Agency,
Community Development Commission, Carlsbad Municipal Water District, and Public
Financing Authority reflecting the changed circumstances in positions and disclosure
categories since the last amendment is approved.
Exhibit 2
Sept. 27, 2022 Item #4 Page 17 of 90
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad Municipal Water
District, the City Council of the City of Carlsbad, the Community Development Commission, the Public
Financing Authority, and the City Council as Successor Agency to the Redevelopment Agency on the 27th
day of September, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
fu FAVIOLA MEDINA, Secretary
(SEAL)
Sept. 27, 2022 Item #4 Page 18 of 90
MATT111etLU
tj;v
Attachment A
CONFLICT
OF
INTEREST CODE
for the
City of Carlsbad
Carlsbad Municipal Water District
Community Development Commission
Carlsbad Public Financing Authority
City of Carlsbad as Successor Agency to the Carlsbad
Redevelopment Agency
Sept. 27, 2022 Item #4 Page 19 of 90
{city of
Carlsbad
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
SECTION I: Title: This Code shall be known and may be cited as "Conflict of Interest Code of the
City of Carlsbad, the Carlsbad Municipal Water District, the Community Development
Commission, Carlsbad Public Financing Authority and the City of Carlsbad as Successor Agency
to the Carlsbad Redevelopment Agency."
SECTION II: Authority: This Code is adopted under the provisions of the Political Reform Act of
1974, found in the California Government Code beginning with Section 81000, and its
implementing regulations, found in Title 2 of the California Code of Regulations beginning with
Section 18700.
SECTION III: Purpose: This Code is adopted in order to:
A. Assure that all designated employees and individuals perform their duties in an
impartial manner, free from bias caused by financial interests;
B. Enumerate and differentiate the positions of employment within the City which
involve the making of decisions which may foreseeably have a material effect upon
a financial interest;
C. Require the disclosure of such interests, by setting forth the specific types of
interests which are reportable for each position; and
D. Require that designated employees disqualify themselves from participation in
City decision-making which may involve a conflict of interest.
SECTION IV: Incorporation by Reference: Except as stated in Section V below, the standard
conflict of interest code prepared by the Fair Political Practices Commission, found in Title 2,
Section 18730, of the California Code of Regulations, as it may be amended from time to time, is
incorporated by this reference. Together with the attached Appendix and List of Designated
Positions and Disclosure Categories, it constitutes the “Conflict of Interest Code of the City of
Carlsbad, the Carlsbad Municipal Water District, the Community Development Commission,
Carlsbad Public Financing Authority and the City of Carlsbad as Successor Agency to the Carlsbad
Redevelopment Agency."
Sept. 27, 2022 Item #4 Page 20 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
SECTION V: Amendments to Standard Conflict of Interest Code:
A. Section 9.5 of the standard conflict of interest code found in Title 2, Section
18730, of the California Code of Regulations is deleted as it applies only to state
officers and employees.
B. Section 4 of the standard conflict of interest code found in Title 2, Section 18730, of
the California Code of Regulations is amended to read as follows:
Section 4: All designated employees and individuals shall file their statements of economic
interests with the City of Carlsbad’s City Clerk’s Office, which will make the statements
available on the city’s website for public viewing and downloading.
SECTION VI: Repeal: This Code shall repeal and supersede all previous versions of the “Conflict
of Interest Code of the City of Carlsbad, the Carlsbad Municipal Water District, the Community
Development Commission, Carlsbad Public Financing Authority and the City of Carlsbad as
Successor Agency to the Carlsbad Redevelopment Agency."
SECTION VII: Effective date: This Code shall be effective upon adoption by resolution of the
appropriate code reviewing body.
Sept. 27, 2022 Item #4 Page 21 of 90
Attachment B
APPENDIX
for
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES AND DESIGNATED POSITIONS
General Provisions
When designated employees or individuals are required to disclose investments, business
positions and sources of income, they need to only disclose investments in business entities and
sources of income which do business in the city, plan to do business in the city or have done
business in the city within the past 2 years. In addition to other activities, a business entity is
doing business within the city if it owns real property within the city. When designated
employees or individuals are required to disclose real property, they need to only disclose that
which is located in whole or in part, within or not more than 2 miles outside the boundaries of
the city or within 2 miles of any land owned or used by the city.
Designated employees or individuals shall disclose their financial interests pursuant to the
appropriate disclosure category as indicated in the List of Designated Positions and Disclosure
Categories.
Resource: Title 2, California Code of Regulations, Section 18730 Provisions of Conflict of Interest Codes.
Sept. 27, 2022 Item #4 Page 22 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Disclosure Categories
Category 1: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from sources in or doing business in Carlsbad.
Category 2: Designated employees and individuals shall report all real property
interests within the Carlsbad, including property located within a two-mile
radius of any property owned or used by the City of Carlsbad.
Category 3: Designated employees or individuals shall report all investments, business
positions in business entities and income, including gifts, loans and travel
payments, from sources which engage in the appraisal, acquisition,
disposal, development, rehabilitation, or construction of improvements on
real property in Carlsbad, including real property located within a two-mile
radius of any property owned or used by the City of Carlsbad.
Category 4: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from any source, in or doing business within Carlsbad, which
provides services, supplies, materials, machinery or equipment of the type
utilized by the city.
Category 5: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from any source, in or doing business within Carlsbad, which
provides services, supplies, materials, machinery or equipment of the type
utilized by the designated employee’s or individual’s department.
Section 87200 Filers
Employees and individuals to whom California Government Code Section 87200 applies,
including the City Council and City Treasurer, candidates for these elected offices, the Planning
Commission, the City Manager, the City Attorney, the Deputy City Manager of Administrative
Services, and other public officials who manage public investments, are required to fully disclose
their personal assets and income.
Sept. 27, 2022 Item #4 Page 23 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Consultants
“Consultant” is defined by the Fair Political Practices Commission, as an individual who, pursuant
to a contract with a state or local governmental agency:
(a) Makes a governmental decision to:
1) Approve a rate, rule or regulation;
2) Adopt or enforce a law;
3) Issue, deny, suspend, or revoke any permit, license, application, certificate,
approval, order, or similar authorization or entitlement;
4) Authorize the agency to enter into, modify, or renew a contract provided it is
the type of contract that requires agency approval;
5) Grant agency approval to a contract that requires agency approval and in
which the agency is a party, or to the specifications for such a contract;
6) Grants agency approval to a plan, design, report, study, or similar item;
7) Adopt, or grant agency approval of, policies, standards, or guidelines for the
agency, or for any subdivision of the agency; or
(b) Serves in a staff capacity with the agency and in that capacity participates in
making a governmental decision or performs the same or substantially all the
same duties for the agency that would otherwise be performed by an individual
holding a position designated in the agency’s conflict of interest code.
A consultant does not act in a staff capacity where the work is to be performed
on one project or a limited number of projects over a limited period of time, or
where the relationship between the contractor and the agency would last only
12-16 months with no ongoing relationship contemplated, or where, under a
multi-year contract, the contractor would perform only on a sporadic basis.
A consultant participates in making a governmental decision if the consultant
provides information, an opinion, or a recommendation for the purpose of
affecting the decision without significant intervene substantive review.
The staff person most knowledgeable of the work that a consultant will be performing shall
designate whether the consultant must file a Statement of Economic Interest by marking the
appropriate box in the contract and/or on the contract cover sheet. When a consultant is
designated and is responsible for disclosure, the consultant shall be required to file a Statement
of Economic Interest disclosing reportable interests in Disclosure Categories 1 and 2.
Sept. 27, 2022 Item #4 Page 24 of 90
Attachment C
LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Mayor and City Council Members (87200 Filer) Full Disclosure
City Treasurer (87200 Filer) Full Disclosure
City Clerk (87200 Filer) Full Disclosure
Planning Commission Members (87200 Filer) Full Disclosure
City Manager (87200 Filer) Full Disclosure
City Attorney (87200 Filer) Full Disclosure
Members of the Successor Agency of the Carlsbad Redevelopment
Agency – Includes Chairman/Members, Executive Director, Counsel,
Secretary (87200 Filer)
Full Disclosure
Public Financing Authority Members – Includes
Chairman/Members, Executive Director, Counsel, Secretary,
Treasurer (87200 Filer)
Full Disclosure
Community Development Commission Members – Includes
Chairman/Members, Executive Director, Counsel, Secretary (87200
Filer)
Full Disclosure
Carlsbad Municipal Water District Board of Directors Members –
Includes Board Members, Counsel, Secretary (87200 Filer)
Full Disclosure
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
Deputy City Treasurer Full Disclosure
Investment Review Committee Members Full Disclosure
Assistant to the City Treasurer 1, 2, 4
POSITIONS UNDER THE CITY MANAGER
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Accountant 1, 2, 4
Accounting Supervisor 1, 2, 4
Assistant City Manager 1, 2, 3, 4
Assistant Director of Community Development 1, 2, 3, 4
Assistant Director of Emergency Services 1, 2, 3, 4
Assistant Engineer 2, 3, 5
Assistant Finance Director 1, 2, 3, 4
Assistant Fire Chief 1, 2, 3, 4
Assistant Fire Marshal 2, 3, 5
Assistant Human Resources Director 1, 2, 4
Assistant IT Director 1, 2, 4
Assistant Planner 2, 3, 5
Assistant Police Chief 1, 2, 3, 4
Associate Contract Administrator 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 25 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Associate Engineer 2, 3, 5
Associate Management Analyst 2, 3, 5
Associate Planner 2, 3, 5
Building Inspector I/II 1, 2, 3, 5
Building Official 1, 2, 3, 5
Business Intelligence & Analytics Manager 1, 2, 5
Business Intelligence Analyst 1, 2, 5
Business Systems Specialist 2, 5
Buyer/Contract Administrator 1, 2, 3, 4
Chief Innovation Officer 1, 2, 3, 4
City Clerk Services Manager 1, 2, 3, 4
City Planner 1, 2, 3, 4
City Traffic Engineer 1, 2, 3, 4
Code Enforcement Manager 1, 2, 3, 4
Code Enforcement Officer I/II 1, 2, 3, 5
Communication & Engagement Director 1, 2, 3, 4
Communications Coordinator 1, 2, 5
Community Arts Coordinator 1, 2, 5
Community Development Director 1, 2, 3, 4
Community Health Nurse 1, 2, 5
Community Relations Manager 2, 5
Contract Administrator 1, 2, 3, 4
Cultural Arts Manager 1, 2, 5
Deputy City Manager 1, 2, 3, 4
Deputy Library Director 1, 2, 5
Deputy Fire Marshall 2, 3, 5
Development Services Manager 1, 2, 3, 4
Director of Legislative & Constituent Services 1, 2, 3, 4
Economic Development Manager 1, 2, 3, 5
Engineering Manager 1, 2, 3, 5
Emergency Preparedness Manager 1, 2, 3, 5
Environmental Manager 1, 2, 3, 5
Environmental Sustainability Director 1, 2, 3, 4
Environmental Specialist I/II/Senior 2, 3, 5
Executive Assistant 1, 2, 3, 4
Finance Director 1, 2, 3, 4
Finance Manager 1, 2, 3, 4
Finance/Payroll/IT Manager 1, 2, 5
Fire Battalion Chief 1, 2, 3, 4
Fire Chief 1, 2, 3, 4
Fire Division Chief 1, 2, 5
Fire Prevention Specialist I/II 1, 2, 3
Sept. 27, 2022 Item #4 Page 26 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
GIS Administrator 1, 2, 3, 5
Homeless Services Manager 1, 2, 3, 5
Housing & Homeless Services Director 1, 2, 3, 4
Housing Services Manager 1, 2, 3, 5
Human Resources Director 1, 2, 4
Human Resources Manager 1, 2, 5
Information Technology Director 1, 2, 4
Information Technology Manager 1, 2, 5
Information Technology Project Manager 1, 2, 5
Information Technology Security Manager 1, 2, 5
Inspector I/II 1, 2, 3
Intergovernmental Affairs Director 1, 2, 3, 4
Internal Audit Manager 1, 2, 3, 4
Library & Cultural Arts Director 1, 2, 4
Management Analyst 1, 2, 3, 4
Meter Services Supervisor 2, 5
Municipal Projects Manager 1, 2, 3, 5
Parks & Recreation Director 1, 2, 3, 4
Park Planning Manager 1, 2, 3, 5
Park Planner 2, 3, 5
Parks Services Manager 1, 2, 3, 5
Parks Superintendent 1, 2, 5
Parks/Trees Supervisor 2, 5
Police Captain 1, 2, 5
Police Chief 1, 2, 3, 4
Police Communications Manager 1, 2, 5
Police Lieutenant 1, 2, 5
Principal Librarian 1, 5
Principal Planner 1, 2, 3, 4
Program Manager 1, 2, 3, 5
Public Works Manager 1, 2, 3, 5
Public Works Superintendent 1, 2, 3, 5
Public Works Supervisor 2, 4
Real Estate Manager 1, 2, 3, 5
Recreation Area Manager 1, 2, 5
Recreation Services Manager 1, 2, 5
Risk Manager 1, 2, 4
Safety & Compliance Manager 1, 2, 5
Safety Training Center Manager 1, 2, 5
SCADA Supervisor 2, 5
Senior Accountant 1, 2, 5
Senior Applications Analyst 2, 5
Sept. 27, 2022 Item #4 Page 27 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Senior Building Inspector 1, 2, 3, 5
Senior Business Systems Specialist 1, 2, 5
Senior Code Enforcement Officer 1, 2, 3, 5
Senior Construction Inspector 1, 2, 3, 5
Senior Contract Administrator 1, 2, 5
Senior Database Administrator 1, 2, 5
Senior Engineer 1, 2, 3, 5
Senior IT Project Manager 1, 2, 5
Senior Management Analyst 1, 2, 3, 5
Senior Network Engineer 2, 4, 5
Senior Planner 1, 2, 3, 5
Senior Program Manager 1, 2, 3, 5
Senior System Administrator 2, 5
Special Projects Manager 1, 2, 5
Systems Administrator 2, 5
Transportation Director 1, 2, 3, 4
Transportation Planning & Mobility Manager 1, 2, 3, 5
Utilities Associate Engineer 2, 3, 5
Utilities Director 1, 2, 3, 4
Utilities Engineering Manager 1, 2, 3, 4
Utilities Maintenance Planner 1, 2, 5
Utilities Manager 1, 2, 4
Utilities Senior Engineer 1, 2, 3, 5
Utilities Superintendent 1, 2, 3, 5
Utilities Supervisor 2, 5
Utilities Technical Services Manager 1, 2, 5
Warehouse Technician 2, 5
Zoning Enforcement Officer 1, 2, 3, 4
CITY ATTORNEY’S OFFICE
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Senior Assistant City Attorney 1, 2, 3, 4
Assistant City Attorney 1, 2, 3, 4
Deputy City Attorney 1, 2, 3, 4
Executive Assistant 1, 2, 3, 4
Senior Assistant City Attorney 1, 2,3, 4
Senior Management Analyst 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 28 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
BOARDS/COMMISSIONS/COMMITTEES (Members of Designated Appointed Positions)
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory
Committee
1, 2, 3
Arts Commission 1, 2, 3
Beach Preservation Commission 1, 2, 3
Board of Library Trustees 1, 2, 3
Carlsbad Golf Lodging Business Improvement District 1, 2, 3
Carlsbad Tourism Business Improvement District 1, 2, 3
Community Development Block Grant Committee 1, 2, 3
Design Review Committee 1, 2, 3
Growth Management Plan Update Advisory Committee 1, 2, 3
Historic Preservation Commission 1, 2, 3
Housing Commission 1, 2, 3
Parks & Recreation Commission 1, 2, 3
Senior Commission 1, 2, 3
Traffic & Mobility Commission 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 29 of 90
RESOLUTION NO. 556
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST
CODE OF THE COMMUNITY DEVELOPMENT COMMISSION
WHEREAS, the Community Development Commission has previously adopted and amended its
Conflict of Interest Code; and
WHEREAS, provisions of the Political Reform Act of 1974 ("the Act") (Government Code Section
81000 et seq.) require an amendment to the code due to changed circumstances, changed duties or new
positions; and
WHEREAS, the Community Development Commission is the code reviewing body within the
meaning of the Act; and
WHEREAS, the Secretary has prepared amendments to the Conflict of Interest Code and Appendix
that is required to be incorporated in the code.
NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of
Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.That the revised Conflict of Interest Code (Attachment A), Appendix (Attachment B) and
List of Designated Positions and Disclosure Categories (Attachment C) for the combined
City of Carlsbad, City Council as Successor Agency to the Redevelopment Agency,
Community Development Commission, Carlsbad Municipal Water District, and Public
Financing Authority reflecting the changed circumstances in positions and disclosure
categories since the last amendment is approved.
Exhibit 3
Sept. 27, 2022 Item #4 Page 30 of 90
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Community Development
Commission, the Carlsbad Municipal Water District, the City Council of the City of Carlsbad, the Public
Financing Authority, and the City Council as Successor Agency to the Redevelopment Agency on the 27th
day of September, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
Sept. 27, 2022 Item #4 Page 31 of 90
Attachment A
CONFLICT
OF
INTEREST CODE
for the
City of Carlsbad
Carlsbad Municipal Water District
Community Development Commission
Carlsbad Public Financing Authority
City of Carlsbad as Successor Agency to the Carlsbad
Redevelopment Agency
Sept. 27, 2022 Item #4 Page 32 of 90
{city of
Carlsbad
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
SECTION I: Title: This Code shall be known and may be cited as "Conflict of Interest Code of the
City of Carlsbad, the Carlsbad Municipal Water District, the Community Development
Commission, Carlsbad Public Financing Authority and the City of Carlsbad as Successor Agency
to the Carlsbad Redevelopment Agency."
SECTION II: Authority: This Code is adopted under the provisions of the Political Reform Act of
1974, found in the California Government Code beginning with Section 81000, and its
implementing regulations, found in Title 2 of the California Code of Regulations beginning with
Section 18700.
SECTION III: Purpose: This Code is adopted in order to:
A. Assure that all designated employees and individuals perform their duties in an
impartial manner, free from bias caused by financial interests;
B. Enumerate and differentiate the positions of employment within the City which
involve the making of decisions which may foreseeably have a material effect upon
a financial interest;
C. Require the disclosure of such interests, by setting forth the specific types of
interests which are reportable for each position; and
D. Require that designated employees disqualify themselves from participation in
City decision-making which may involve a conflict of interest.
SECTION IV: Incorporation by Reference: Except as stated in Section V below, the standard
conflict of interest code prepared by the Fair Political Practices Commission, found in Title 2,
Section 18730, of the California Code of Regulations, as it may be amended from time to time, is
incorporated by this reference. Together with the attached Appendix and List of Designated
Positions and Disclosure Categories, it constitutes the “Conflict of Interest Code of the City of
Carlsbad, the Carlsbad Municipal Water District, the Community Development Commission,
Carlsbad Public Financing Authority and the City of Carlsbad as Successor Agency to the Carlsbad
Redevelopment Agency."
Sept. 27, 2022 Item #4 Page 33 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
SECTION V: Amendments to Standard Conflict of Interest Code:
A. Section 9.5 of the standard conflict of interest code found in Title 2, Section
18730, of the California Code of Regulations is deleted as it applies only to state
officers and employees.
B. Section 4 of the standard conflict of interest code found in Title 2, Section 18730, of
the California Code of Regulations is amended to read as follows:
Section 4: All designated employees and individuals shall file their statements of economic
interests with the City of Carlsbad’s City Clerk’s Office, which will make the statements
available on the city’s website for public viewing and downloading.
SECTION VI: Repeal: This Code shall repeal and supersede all previous versions of the “Conflict
of Interest Code of the City of Carlsbad, the Carlsbad Municipal Water District, the Community
Development Commission, Carlsbad Public Financing Authority and the City of Carlsbad as
Successor Agency to the Carlsbad Redevelopment Agency."
SECTION VII: Effective date: This Code shall be effective upon adoption by resolution of the
appropriate code reviewing body.
Sept. 27, 2022 Item #4 Page 34 of 90
Attachment B
APPENDIX
for
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES AND DESIGNATED POSITIONS
General Provisions
When designated employees or individuals are required to disclose investments, business
positions and sources of income, they need to only disclose investments in business entities and
sources of income which do business in the city, plan to do business in the city or have done
business in the city within the past 2 years. In addition to other activities, a business entity is
doing business within the city if it owns real property within the city. When designated
employees or individuals are required to disclose real property, they need to only disclose that
which is located in whole or in part, within or not more than 2 miles outside the boundaries of
the city or within 2 miles of any land owned or used by the city.
Designated employees or individuals shall disclose their financial interests pursuant to the
appropriate disclosure category as indicated in the List of Designated Positions and Disclosure
Categories.
Resource: Title 2, California Code of Regulations, Section 18730 Provisions of Conflict of Interest Codes.
Sept. 27, 2022 Item #4 Page 35 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Disclosure Categories
Category 1: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from sources in or doing business in Carlsbad.
Category 2: Designated employees and individuals shall report all real property
interests within the Carlsbad, including property located within a two-mile
radius of any property owned or used by the City of Carlsbad.
Category 3: Designated employees or individuals shall report all investments, business
positions in business entities and income, including gifts, loans and travel
payments, from sources which engage in the appraisal, acquisition,
disposal, development, rehabilitation, or construction of improvements on
real property in Carlsbad, including real property located within a two-mile
radius of any property owned or used by the City of Carlsbad.
Category 4: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from any source, in or doing business within Carlsbad, which
provides services, supplies, materials, machinery or equipment of the type
utilized by the city.
Category 5: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from any source, in or doing business within Carlsbad, which
provides services, supplies, materials, machinery or equipment of the type
utilized by the designated employee’s or individual’s department.
Section 87200 Filers
Employees and individuals to whom California Government Code Section 87200 applies,
including the City Council and City Treasurer, candidates for these elected offices, the Planning
Commission, the City Manager, the City Attorney, the Deputy City Manager of Administrative
Services, and other public officials who manage public investments, are required to fully disclose
their personal assets and income.
Sept. 27, 2022 Item #4 Page 36 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Consultants
“Consultant” is defined by the Fair Political Practices Commission, as an individual who, pursuant
to a contract with a state or local governmental agency:
(a) Makes a governmental decision to:
1) Approve a rate, rule or regulation;
2) Adopt or enforce a law;
3) Issue, deny, suspend, or revoke any permit, license, application, certificate,
approval, order, or similar authorization or entitlement;
4) Authorize the agency to enter into, modify, or renew a contract provided it is
the type of contract that requires agency approval;
5) Grant agency approval to a contract that requires agency approval and in
which the agency is a party, or to the specifications for such a contract;
6) Grants agency approval to a plan, design, report, study, or similar item;
7) Adopt, or grant agency approval of, policies, standards, or guidelines for the
agency, or for any subdivision of the agency; or
(b) Serves in a staff capacity with the agency and in that capacity participates in
making a governmental decision or performs the same or substantially all the
same duties for the agency that would otherwise be performed by an individual
holding a position designated in the agency’s conflict of interest code.
A consultant does not act in a staff capacity where the work is to be performed
on one project or a limited number of projects over a limited period of time, or
where the relationship between the contractor and the agency would last only
12-16 months with no ongoing relationship contemplated, or where, under a
multi-year contract, the contractor would perform only on a sporadic basis.
A consultant participates in making a governmental decision if the consultant
provides information, an opinion, or a recommendation for the purpose of
affecting the decision without significant intervene substantive review.
The staff person most knowledgeable of the work that a consultant will be performing shall
designate whether the consultant must file a Statement of Economic Interest by marking the
appropriate box in the contract and/or on the contract cover sheet. When a consultant is
designated and is responsible for disclosure, the consultant shall be required to file a Statement
of Economic Interest disclosing reportable interests in Disclosure Categories 1 and 2.
Sept. 27, 2022 Item #4 Page 37 of 90
Attachment C
LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Mayor and City Council Members (87200 Filer) Full Disclosure
City Treasurer (87200 Filer) Full Disclosure
City Clerk (87200 Filer) Full Disclosure
Planning Commission Members (87200 Filer) Full Disclosure
City Manager (87200 Filer) Full Disclosure
City Attorney (87200 Filer) Full Disclosure
Members of the Successor Agency of the Carlsbad Redevelopment
Agency – Includes Chairman/Members, Executive Director, Counsel,
Secretary (87200 Filer)
Full Disclosure
Public Financing Authority Members – Includes
Chairman/Members, Executive Director, Counsel, Secretary,
Treasurer (87200 Filer)
Full Disclosure
Community Development Commission Members – Includes
Chairman/Members, Executive Director, Counsel, Secretary (87200
Filer)
Full Disclosure
Carlsbad Municipal Water District Board of Directors Members –
Includes Board Members, Counsel, Secretary (87200 Filer)
Full Disclosure
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
Deputy City Treasurer Full Disclosure
Investment Review Committee Members Full Disclosure
Assistant to the City Treasurer 1, 2, 4
POSITIONS UNDER THE CITY MANAGER
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Accountant 1, 2, 4
Accounting Supervisor 1, 2, 4
Assistant City Manager 1, 2, 3, 4
Assistant Director of Community Development 1, 2, 3, 4
Assistant Director of Emergency Services 1, 2, 3, 4
Assistant Engineer 2, 3, 5
Assistant Finance Director 1, 2, 3, 4
Assistant Fire Chief 1, 2, 3, 4
Assistant Fire Marshal 2, 3, 5
Assistant Human Resources Director 1, 2, 4
Assistant IT Director 1, 2, 4
Assistant Planner 2, 3, 5
Assistant Police Chief 1, 2, 3, 4
Associate Contract Administrator 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 38 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Associate Engineer 2, 3, 5
Associate Management Analyst 2, 3, 5
Associate Planner 2, 3, 5
Building Inspector I/II 1, 2, 3, 5
Building Official 1, 2, 3, 5
Business Intelligence & Analytics Manager 1, 2, 5
Business Intelligence Analyst 1, 2, 5
Business Systems Specialist 2, 5
Buyer/Contract Administrator 1, 2, 3, 4
Chief Innovation Officer 1, 2, 3, 4
City Clerk Services Manager 1, 2, 3, 4
City Planner 1, 2, 3, 4
City Traffic Engineer 1, 2, 3, 4
Code Enforcement Manager 1, 2, 3, 4
Code Enforcement Officer I/II 1, 2, 3, 5
Communication & Engagement Director 1, 2, 3, 4
Communications Coordinator 1, 2, 5
Community Arts Coordinator 1, 2, 5
Community Development Director 1, 2, 3, 4
Community Health Nurse 1, 2, 5
Community Relations Manager 2, 5
Contract Administrator 1, 2, 3, 4
Cultural Arts Manager 1, 2, 5
Deputy City Manager 1, 2, 3, 4
Deputy Library Director 1, 2, 5
Deputy Fire Marshall 2, 3, 5
Development Services Manager 1, 2, 3, 4
Director of Legislative & Constituent Services 1, 2, 3, 4
Economic Development Manager 1, 2, 3, 5
Engineering Manager 1, 2, 3, 5
Emergency Preparedness Manager 1, 2, 3, 5
Environmental Manager 1, 2, 3, 5
Environmental Sustainability Director 1, 2, 3, 4
Environmental Specialist I/II/Senior 2, 3, 5
Executive Assistant 1, 2, 3, 4
Finance Director 1, 2, 3, 4
Finance Manager 1, 2, 3, 4
Finance/Payroll/IT Manager 1, 2, 5
Fire Battalion Chief 1, 2, 3, 4
Fire Chief 1, 2, 3, 4
Fire Division Chief 1, 2, 5
Fire Prevention Specialist I/II 1, 2, 3
Sept. 27, 2022 Item #4 Page 39 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
GIS Administrator 1, 2, 3, 5
Homeless Services Manager 1, 2, 3, 5
Housing & Homeless Services Director 1, 2, 3, 4
Housing Services Manager 1, 2, 3, 5
Human Resources Director 1, 2, 4
Human Resources Manager 1, 2, 5
Information Technology Director 1, 2, 4
Information Technology Manager 1, 2, 5
Information Technology Project Manager 1, 2, 5
Information Technology Security Manager 1, 2, 5
Inspector I/II 1, 2, 3
Intergovernmental Affairs Director 1, 2, 3, 4
Internal Audit Manager 1, 2, 3, 4
Library & Cultural Arts Director 1, 2, 4
Management Analyst 1, 2, 3, 4
Meter Services Supervisor 2, 5
Municipal Projects Manager 1, 2, 3, 5
Parks & Recreation Director 1, 2, 3, 4
Park Planning Manager 1, 2, 3, 5
Park Planner 2, 3, 5
Parks Services Manager 1, 2, 3, 5
Parks Superintendent 1, 2, 5
Parks/Trees Supervisor 2, 5
Police Captain 1, 2, 5
Police Chief 1, 2, 3, 4
Police Communications Manager 1, 2, 5
Police Lieutenant 1, 2, 5
Principal Librarian 1, 5
Principal Planner 1, 2, 3, 4
Program Manager 1, 2, 3, 5
Public Works Manager 1, 2, 3, 5
Public Works Superintendent 1, 2, 3, 5
Public Works Supervisor 2, 4
Real Estate Manager 1, 2, 3, 5
Recreation Area Manager 1, 2, 5
Recreation Services Manager 1, 2, 5
Risk Manager 1, 2, 4
Safety & Compliance Manager 1, 2, 5
Safety Training Center Manager 1, 2, 5
SCADA Supervisor 2, 5
Senior Accountant 1, 2, 5
Senior Applications Analyst 2, 5
Sept. 27, 2022 Item #4 Page 40 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Senior Building Inspector 1, 2, 3, 5
Senior Business Systems Specialist 1, 2, 5
Senior Code Enforcement Officer 1, 2, 3, 5
Senior Construction Inspector 1, 2, 3, 5
Senior Contract Administrator 1, 2, 5
Senior Database Administrator 1, 2, 5
Senior Engineer 1, 2, 3, 5
Senior IT Project Manager 1, 2, 5
Senior Management Analyst 1, 2, 3, 5
Senior Network Engineer 2, 4, 5
Senior Planner 1, 2, 3, 5
Senior Program Manager 1, 2, 3, 5
Senior System Administrator 2, 5
Special Projects Manager 1, 2, 5
Systems Administrator 2, 5
Transportation Director 1, 2, 3, 4
Transportation Planning & Mobility Manager 1, 2, 3, 5
Utilities Associate Engineer 2, 3, 5
Utilities Director 1, 2, 3, 4
Utilities Engineering Manager 1, 2, 3, 4
Utilities Maintenance Planner 1, 2, 5
Utilities Manager 1, 2, 4
Utilities Senior Engineer 1, 2, 3, 5
Utilities Superintendent 1, 2, 3, 5
Utilities Supervisor 2, 5
Utilities Technical Services Manager 1, 2, 5
Warehouse Technician 2, 5
Zoning Enforcement Officer 1, 2, 3, 4
CITY ATTORNEY’S OFFICE
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Senior Assistant City Attorney 1, 2, 3, 4
Assistant City Attorney 1, 2, 3, 4
Deputy City Attorney 1, 2, 3, 4
Executive Assistant 1, 2, 3, 4
Senior Assistant City Attorney 1, 2,3, 4
Senior Management Analyst 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 41 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
BOARDS/COMMISSIONS/COMMITTEES (Members of Designated Appointed Positions)
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory
Committee
1, 2, 3
Arts Commission 1, 2, 3
Beach Preservation Commission 1, 2, 3
Board of Library Trustees 1, 2, 3
Carlsbad Golf Lodging Business Improvement District 1, 2, 3
Carlsbad Tourism Business Improvement District 1, 2, 3
Community Development Block Grant Committee 1, 2, 3
Design Review Committee 1, 2, 3
Growth Management Plan Update Advisory Committee 1, 2, 3
Historic Preservation Commission 1, 2, 3
Housing Commission 1, 2, 3
Parks & Recreation Commission 1, 2, 3
Senior Commission 1, 2, 3
Traffic & Mobility Commission 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 42 of 90
RESOLUTION NO. 91
A RESOLUTION OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE OF
THE PUBLIC FINANCING AUTHORITY
WHEREAS, the Public Financing Authority has previously adopted and amended its Conflict of
Interest Code; and
WHEREAS, provisions of the Political Reform Act of 1974 ("the Act") (Government Code Section
81000 et seq.) require an amendment to the code due to changed circumstances, changed duties or new
positions; and
WHEREAS, the Public Financing Authority is the code reviewing body within the meaning of the
Act; and
WHEREAS, the Secretary has prepared amendments to the Conflict of Interest Code and Appendix
that is required to be incorporated in the code.
NOW, THEREFORE, BE IT RESOLVED by the Public Financing Authority of the City of Carlsbad,
California, as follows:
1.That the above recitations are true and correct.
2.That the revised Conflict of Interest Code (Attachment A), Appendix (Attachment B) and
List of Designated Positions and Disclosure Categories (Attachment C) for the combined
City of Carlsbad, City Council as Successor Agency to the Redevelopment Agency,
Community Development Commission, Carlsbad Municipal Water District, and Public
Financing Authority reflecting the changed circumstances in positions and disclosure
categories since the last amendment is approved.
Exhibit 4
Sept. 27, 2022 Item #4 Page 43 of 90
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Public Financing Authority,
the City Council of the City of Carlsbad, the Carlsbad Municipal Water District, the Community
Development Commission, and the City Council as Successor Agency to the Redevelopment Agency on the
27th day of September, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HALL, Mayor
� rFAVIOLA MEDINA, City Clerk Services Manager {SEAL)
Sept. 27, 2022 Item #4 Page 44 of 90
Attachment A
CONFLICT
OF
INTEREST CODE
for the
City of Carlsbad
Carlsbad Municipal Water District
Community Development Commission
Carlsbad Public Financing Authority
City of Carlsbad as Successor Agency to the Carlsbad
Redevelopment Agency
Sept. 27, 2022 Item #4 Page 45 of 90
{city of
Carlsbad
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
SECTION I: Title: This Code shall be known and may be cited as "Conflict of Interest Code of the
City of Carlsbad, the Carlsbad Municipal Water District, the Community Development
Commission, Carlsbad Public Financing Authority and the City of Carlsbad as Successor Agency
to the Carlsbad Redevelopment Agency."
SECTION II: Authority: This Code is adopted under the provisions of the Political Reform Act of
1974, found in the California Government Code beginning with Section 81000, and its
implementing regulations, found in Title 2 of the California Code of Regulations beginning with
Section 18700.
SECTION III: Purpose: This Code is adopted in order to:
A. Assure that all designated employees and individuals perform their duties in an
impartial manner, free from bias caused by financial interests;
B. Enumerate and differentiate the positions of employment within the City which
involve the making of decisions which may foreseeably have a material effect upon
a financial interest;
C. Require the disclosure of such interests, by setting forth the specific types of
interests which are reportable for each position; and
D. Require that designated employees disqualify themselves from participation in
City decision-making which may involve a conflict of interest.
SECTION IV: Incorporation by Reference: Except as stated in Section V below, the standard
conflict of interest code prepared by the Fair Political Practices Commission, found in Title 2,
Section 18730, of the California Code of Regulations, as it may be amended from time to time, is
incorporated by this reference. Together with the attached Appendix and List of Designated
Positions and Disclosure Categories, it constitutes the “Conflict of Interest Code of the City of
Carlsbad, the Carlsbad Municipal Water District, the Community Development Commission,
Carlsbad Public Financing Authority and the City of Carlsbad as Successor Agency to the Carlsbad
Redevelopment Agency."
Sept. 27, 2022 Item #4 Page 46 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
SECTION V: Amendments to Standard Conflict of Interest Code:
A. Section 9.5 of the standard conflict of interest code found in Title 2, Section
18730, of the California Code of Regulations is deleted as it applies only to state
officers and employees.
B. Section 4 of the standard conflict of interest code found in Title 2, Section 18730, of
the California Code of Regulations is amended to read as follows:
Section 4: All designated employees and individuals shall file their statements of economic
interests with the City of Carlsbad’s City Clerk’s Office, which will make the statements
available on the city’s website for public viewing and downloading.
SECTION VI: Repeal: This Code shall repeal and supersede all previous versions of the “Conflict
of Interest Code of the City of Carlsbad, the Carlsbad Municipal Water District, the Community
Development Commission, Carlsbad Public Financing Authority and the City of Carlsbad as
Successor Agency to the Carlsbad Redevelopment Agency."
SECTION VII: Effective date: This Code shall be effective upon adoption by resolution of the
appropriate code reviewing body.
Sept. 27, 2022 Item #4 Page 47 of 90
Attachment B
APPENDIX
for
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES AND DESIGNATED POSITIONS
General Provisions
When designated employees or individuals are required to disclose investments, business
positions and sources of income, they need to only disclose investments in business entities and
sources of income which do business in the city, plan to do business in the city or have done
business in the city within the past 2 years. In addition to other activities, a business entity is
doing business within the city if it owns real property within the city. When designated
employees or individuals are required to disclose real property, they need to only disclose that
which is located in whole or in part, within or not more than 2 miles outside the boundaries of
the city or within 2 miles of any land owned or used by the city.
Designated employees or individuals shall disclose their financial interests pursuant to the
appropriate disclosure category as indicated in the List of Designated Positions and Disclosure
Categories.
Resource: Title 2, California Code of Regulations, Section 18730 Provisions of Conflict of Interest Codes.
Sept. 27, 2022 Item #4 Page 48 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Disclosure Categories
Category 1: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from sources in or doing business in Carlsbad.
Category 2: Designated employees and individuals shall report all real property
interests within the Carlsbad, including property located within a two-mile
radius of any property owned or used by the City of Carlsbad.
Category 3: Designated employees or individuals shall report all investments, business
positions in business entities and income, including gifts, loans and travel
payments, from sources which engage in the appraisal, acquisition,
disposal, development, rehabilitation, or construction of improvements on
real property in Carlsbad, including real property located within a two-mile
radius of any property owned or used by the City of Carlsbad.
Category 4: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from any source, in or doing business within Carlsbad, which
provides services, supplies, materials, machinery or equipment of the type
utilized by the city.
Category 5: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from any source, in or doing business within Carlsbad, which
provides services, supplies, materials, machinery or equipment of the type
utilized by the designated employee’s or individual’s department.
Section 87200 Filers
Employees and individuals to whom California Government Code Section 87200 applies,
including the City Council and City Treasurer, candidates for these elected offices, the Planning
Commission, the City Manager, the City Attorney, the Deputy City Manager of Administrative
Services, and other public officials who manage public investments, are required to fully disclose
their personal assets and income.
Sept. 27, 2022 Item #4 Page 49 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Consultants
“Consultant” is defined by the Fair Political Practices Commission, as an individual who, pursuant
to a contract with a state or local governmental agency:
(a) Makes a governmental decision to:
1) Approve a rate, rule or regulation;
2) Adopt or enforce a law;
3) Issue, deny, suspend, or revoke any permit, license, application, certificate,
approval, order, or similar authorization or entitlement;
4) Authorize the agency to enter into, modify, or renew a contract provided it is
the type of contract that requires agency approval;
5) Grant agency approval to a contract that requires agency approval and in
which the agency is a party, or to the specifications for such a contract;
6) Grants agency approval to a plan, design, report, study, or similar item;
7) Adopt, or grant agency approval of, policies, standards, or guidelines for the
agency, or for any subdivision of the agency; or
(b) Serves in a staff capacity with the agency and in that capacity participates in
making a governmental decision or performs the same or substantially all the
same duties for the agency that would otherwise be performed by an individual
holding a position designated in the agency’s conflict of interest code.
A consultant does not act in a staff capacity where the work is to be performed
on one project or a limited number of projects over a limited period of time, or
where the relationship between the contractor and the agency would last only
12-16 months with no ongoing relationship contemplated, or where, under a
multi-year contract, the contractor would perform only on a sporadic basis.
A consultant participates in making a governmental decision if the consultant
provides information, an opinion, or a recommendation for the purpose of
affecting the decision without significant intervene substantive review.
The staff person most knowledgeable of the work that a consultant will be performing shall
designate whether the consultant must file a Statement of Economic Interest by marking the
appropriate box in the contract and/or on the contract cover sheet. When a consultant is
designated and is responsible for disclosure, the consultant shall be required to file a Statement
of Economic Interest disclosing reportable interests in Disclosure Categories 1 and 2.
Sept. 27, 2022 Item #4 Page 50 of 90
Attachment C
LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Mayor and City Council Members (87200 Filer) Full Disclosure
City Treasurer (87200 Filer) Full Disclosure
City Clerk (87200 Filer) Full Disclosure
Planning Commission Members (87200 Filer) Full Disclosure
City Manager (87200 Filer) Full Disclosure
City Attorney (87200 Filer) Full Disclosure
Members of the Successor Agency of the Carlsbad Redevelopment
Agency – Includes Chairman/Members, Executive Director, Counsel,
Secretary (87200 Filer)
Full Disclosure
Public Financing Authority Members – Includes
Chairman/Members, Executive Director, Counsel, Secretary,
Treasurer (87200 Filer)
Full Disclosure
Community Development Commission Members – Includes
Chairman/Members, Executive Director, Counsel, Secretary (87200
Filer)
Full Disclosure
Carlsbad Municipal Water District Board of Directors Members –
Includes Board Members, Counsel, Secretary (87200 Filer)
Full Disclosure
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
Deputy City Treasurer Full Disclosure
Investment Review Committee Members Full Disclosure
Assistant to the City Treasurer 1, 2, 4
POSITIONS UNDER THE CITY MANAGER
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Accountant 1, 2, 4
Accounting Supervisor 1, 2, 4
Assistant City Manager 1, 2, 3, 4
Assistant Director of Community Development 1, 2, 3, 4
Assistant Director of Emergency Services 1, 2, 3, 4
Assistant Engineer 2, 3, 5
Assistant Finance Director 1, 2, 3, 4
Assistant Fire Chief 1, 2, 3, 4
Assistant Fire Marshal 2, 3, 5
Assistant Human Resources Director 1, 2, 4
Assistant IT Director 1, 2, 4
Assistant Planner 2, 3, 5
Assistant Police Chief 1, 2, 3, 4
Associate Contract Administrator 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 51 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Associate Engineer 2, 3, 5
Associate Management Analyst 2, 3, 5
Associate Planner 2, 3, 5
Building Inspector I/II 1, 2, 3, 5
Building Official 1, 2, 3, 5
Business Intelligence & Analytics Manager 1, 2, 5
Business Intelligence Analyst 1, 2, 5
Business Systems Specialist 2, 5
Buyer/Contract Administrator 1, 2, 3, 4
Chief Innovation Officer 1, 2, 3, 4
City Clerk Services Manager 1, 2, 3, 4
City Planner 1, 2, 3, 4
City Traffic Engineer 1, 2, 3, 4
Code Enforcement Manager 1, 2, 3, 4
Code Enforcement Officer I/II 1, 2, 3, 5
Communication & Engagement Director 1, 2, 3, 4
Communications Coordinator 1, 2, 5
Community Arts Coordinator 1, 2, 5
Community Development Director 1, 2, 3, 4
Community Health Nurse 1, 2, 5
Community Relations Manager 2, 5
Contract Administrator 1, 2, 3, 4
Cultural Arts Manager 1, 2, 5
Deputy City Manager 1, 2, 3, 4
Deputy Library Director 1, 2, 5
Deputy Fire Marshall 2, 3, 5
Development Services Manager 1, 2, 3, 4
Director of Legislative & Constituent Services 1, 2, 3, 4
Economic Development Manager 1, 2, 3, 5
Engineering Manager 1, 2, 3, 5
Emergency Preparedness Manager 1, 2, 3, 5
Environmental Manager 1, 2, 3, 5
Environmental Sustainability Director 1, 2, 3, 4
Environmental Specialist I/II/Senior 2, 3, 5
Executive Assistant 1, 2, 3, 4
Finance Director 1, 2, 3, 4
Finance Manager 1, 2, 3, 4
Finance/Payroll/IT Manager 1, 2, 5
Fire Battalion Chief 1, 2, 3, 4
Fire Chief 1, 2, 3, 4
Fire Division Chief 1, 2, 5
Fire Prevention Specialist I/II 1, 2, 3
Sept. 27, 2022 Item #4 Page 52 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
GIS Administrator 1, 2, 3, 5
Homeless Services Manager 1, 2, 3, 5
Housing & Homeless Services Director 1, 2, 3, 4
Housing Services Manager 1, 2, 3, 5
Human Resources Director 1, 2, 4
Human Resources Manager 1, 2, 5
Information Technology Director 1, 2, 4
Information Technology Manager 1, 2, 5
Information Technology Project Manager 1, 2, 5
Information Technology Security Manager 1, 2, 5
Inspector I/II 1, 2, 3
Intergovernmental Affairs Director 1, 2, 3, 4
Internal Audit Manager 1, 2, 3, 4
Library & Cultural Arts Director 1, 2, 4
Management Analyst 1, 2, 3, 4
Meter Services Supervisor 2, 5
Municipal Projects Manager 1, 2, 3, 5
Parks & Recreation Director 1, 2, 3, 4
Park Planning Manager 1, 2, 3, 5
Park Planner 2, 3, 5
Parks Services Manager 1, 2, 3, 5
Parks Superintendent 1, 2, 5
Parks/Trees Supervisor 2, 5
Police Captain 1, 2, 5
Police Chief 1, 2, 3, 4
Police Communications Manager 1, 2, 5
Police Lieutenant 1, 2, 5
Principal Librarian 1, 5
Principal Planner 1, 2, 3, 4
Program Manager 1, 2, 3, 5
Public Works Manager 1, 2, 3, 5
Public Works Superintendent 1, 2, 3, 5
Public Works Supervisor 2, 4
Real Estate Manager 1, 2, 3, 5
Recreation Area Manager 1, 2, 5
Recreation Services Manager 1, 2, 5
Risk Manager 1, 2, 4
Safety & Compliance Manager 1, 2, 5
Safety Training Center Manager 1, 2, 5
SCADA Supervisor 2, 5
Senior Accountant 1, 2, 5
Senior Applications Analyst 2, 5
Sept. 27, 2022 Item #4 Page 53 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Senior Building Inspector 1, 2, 3, 5
Senior Business Systems Specialist 1, 2, 5
Senior Code Enforcement Officer 1, 2, 3, 5
Senior Construction Inspector 1, 2, 3, 5
Senior Contract Administrator 1, 2, 5
Senior Database Administrator 1, 2, 5
Senior Engineer 1, 2, 3, 5
Senior IT Project Manager 1, 2, 5
Senior Management Analyst 1, 2, 3, 5
Senior Network Engineer 2, 4, 5
Senior Planner 1, 2, 3, 5
Senior Program Manager 1, 2, 3, 5
Senior System Administrator 2, 5
Special Projects Manager 1, 2, 5
Systems Administrator 2, 5
Transportation Director 1, 2, 3, 4
Transportation Planning & Mobility Manager 1, 2, 3, 5
Utilities Associate Engineer 2, 3, 5
Utilities Director 1, 2, 3, 4
Utilities Engineering Manager 1, 2, 3, 4
Utilities Maintenance Planner 1, 2, 5
Utilities Manager 1, 2, 4
Utilities Senior Engineer 1, 2, 3, 5
Utilities Superintendent 1, 2, 3, 5
Utilities Supervisor 2, 5
Utilities Technical Services Manager 1, 2, 5
Warehouse Technician 2, 5
Zoning Enforcement Officer 1, 2, 3, 4
CITY ATTORNEY’S OFFICE
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Senior Assistant City Attorney 1, 2, 3, 4
Assistant City Attorney 1, 2, 3, 4
Deputy City Attorney 1, 2, 3, 4
Executive Assistant 1, 2, 3, 4
Senior Assistant City Attorney 1, 2,3, 4
Senior Management Analyst 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 54 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
BOARDS/COMMISSIONS/COMMITTEES (Members of Designated Appointed Positions)
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory
Committee
1, 2, 3
Arts Commission 1, 2, 3
Beach Preservation Commission 1, 2, 3
Board of Library Trustees 1, 2, 3
Carlsbad Golf Lodging Business Improvement District 1, 2, 3
Carlsbad Tourism Business Improvement District 1, 2, 3
Community Development Block Grant Committee 1, 2, 3
Design Review Committee 1, 2, 3
Growth Management Plan Update Advisory Committee 1, 2, 3
Historic Preservation Commission 1, 2, 3
Housing Commission 1, 2, 3
Parks & Recreation Commission 1, 2, 3
Senior Commission 1, 2, 3
Traffic & Mobility Commission 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 55 of 90
RESOLUTION NO. 2022-226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACTING AS SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY, AMENDING THE CONFLICT OF INTEREST CODE OF THE CITY OF
CARLSBAD
WHEREAS, the City Council as the Successor Agency to the Redevelopment Agency has previously
adopted and amended its Conflict of Interest Code; and
WHEREAS, provisions of the Political Reform Act of 1974 ("the Act") (Government Code Section
81000 et seq.) require an amendment to the code due to changed circumstances, changed duties or new
positions; and
WHEREAS, the City Council as the Successor Agency to the Redevelopment Agency is the code
reviewing body within the meaning of the Act; and
WHEREAS, the City Clerk has prepared amendments to the Conflict of Interest Code and Appendix
that is required to be incorporated in the code.
NOW, THEREFORE, BE IT RESOLVED by the City Council as the Successor Agency to the
Redevelopment Agency of the City of Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.That the revised Conflict of Interest Code (Attachment A), Appendix (Attachment B) and
List of Designated Positions and Disclosure Categories (Attachment C) for the combined
City of Carlsbad, City Council as Successor Agency to the Redevelopment Agency,
Community Development Commission, Carlsbad Municipal Water District, and Public
Financing Authority reflecting the changed circumstances in positions and disclosure
categories since the last amendment is approved.
Exhibit 5
Sept. 27, 2022 Item #4 Page 56 of 90
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City Council as Successor
Agency to the Redevelopment Agency, the Public Financing Authority, the City Council of the City of
Carlsbad, the Carlsbad Municipal Water District, and the Community Development Commission on the
27th day of September. 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HALL, Mayor
fj;vv �FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Sept. 27, 2022 Item #4 Page 57 of 90
~ --"-F----
Attachment A
CONFLICT
OF
INTEREST CODE
for the
City of Carlsbad
Carlsbad Municipal Water District
Community Development Commission
Carlsbad Public Financing Authority
City of Carlsbad as Successor Agency to the Carlsbad
Redevelopment Agency
Sept. 27, 2022 Item #4 Page 58 of 90
{city of
Carlsbad
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
SECTION I: Title: This Code shall be known and may be cited as "Conflict of Interest Code of the
City of Carlsbad, the Carlsbad Municipal Water District, the Community Development
Commission, Carlsbad Public Financing Authority and the City of Carlsbad as Successor Agency
to the Carlsbad Redevelopment Agency."
SECTION II: Authority: This Code is adopted under the provisions of the Political Reform Act of
1974, found in the California Government Code beginning with Section 81000, and its
implementing regulations, found in Title 2 of the California Code of Regulations beginning with
Section 18700.
SECTION III: Purpose: This Code is adopted in order to:
A. Assure that all designated employees and individuals perform their duties in an
impartial manner, free from bias caused by financial interests;
B. Enumerate and differentiate the positions of employment within the City which
involve the making of decisions which may foreseeably have a material effect upon
a financial interest;
C. Require the disclosure of such interests, by setting forth the specific types of
interests which are reportable for each position; and
D. Require that designated employees disqualify themselves from participation in
City decision-making which may involve a conflict of interest.
SECTION IV: Incorporation by Reference: Except as stated in Section V below, the standard
conflict of interest code prepared by the Fair Political Practices Commission, found in Title 2,
Section 18730, of the California Code of Regulations, as it may be amended from time to time, is
incorporated by this reference. Together with the attached Appendix and List of Designated
Positions and Disclosure Categories, it constitutes the “Conflict of Interest Code of the City of
Carlsbad, the Carlsbad Municipal Water District, the Community Development Commission,
Carlsbad Public Financing Authority and the City of Carlsbad as Successor Agency to the Carlsbad
Redevelopment Agency."
Sept. 27, 2022 Item #4 Page 59 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
SECTION V: Amendments to Standard Conflict of Interest Code:
A. Section 9.5 of the standard conflict of interest code found in Title 2, Section
18730, of the California Code of Regulations is deleted as it applies only to state
officers and employees.
B. Section 4 of the standard conflict of interest code found in Title 2, Section 18730, of
the California Code of Regulations is amended to read as follows:
Section 4: All designated employees and individuals shall file their statements of economic
interests with the City of Carlsbad’s City Clerk’s Office, which will make the statements
available on the city’s website for public viewing and downloading.
SECTION VI: Repeal: This Code shall repeal and supersede all previous versions of the “Conflict
of Interest Code of the City of Carlsbad, the Carlsbad Municipal Water District, the Community
Development Commission, Carlsbad Public Financing Authority and the City of Carlsbad as
Successor Agency to the Carlsbad Redevelopment Agency."
SECTION VII: Effective date: This Code shall be effective upon adoption by resolution of the
appropriate code reviewing body.
Sept. 27, 2022 Item #4 Page 60 of 90
Attachment B
APPENDIX
for
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES AND DESIGNATED POSITIONS
General Provisions
When designated employees or individuals are required to disclose investments, business
positions and sources of income, they need to only disclose investments in business entities and
sources of income which do business in the city, plan to do business in the city or have done
business in the city within the past 2 years. In addition to other activities, a business entity is
doing business within the city if it owns real property within the city. When designated
employees or individuals are required to disclose real property, they need to only disclose that
which is located in whole or in part, within or not more than 2 miles outside the boundaries of
the city or within 2 miles of any land owned or used by the city.
Designated employees or individuals shall disclose their financial interests pursuant to the
appropriate disclosure category as indicated in the List of Designated Positions and Disclosure
Categories.
Resource: Title 2, California Code of Regulations, Section 18730 Provisions of Conflict of Interest Codes.
Sept. 27, 2022 Item #4 Page 61 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Disclosure Categories
Category 1: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from sources in or doing business in Carlsbad.
Category 2: Designated employees and individuals shall report all real property
interests within the Carlsbad, including property located within a two-mile
radius of any property owned or used by the City of Carlsbad.
Category 3: Designated employees or individuals shall report all investments, business
positions in business entities and income, including gifts, loans and travel
payments, from sources which engage in the appraisal, acquisition,
disposal, development, rehabilitation, or construction of improvements on
real property in Carlsbad, including real property located within a two-mile
radius of any property owned or used by the City of Carlsbad.
Category 4: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from any source, in or doing business within Carlsbad, which
provides services, supplies, materials, machinery or equipment of the type
utilized by the city.
Category 5: Designated employees or individuals shall report all investments, business
positions in business entities, and income, including gifts, loans and travel
payments, from any source, in or doing business within Carlsbad, which
provides services, supplies, materials, machinery or equipment of the type
utilized by the designated employee’s or individual’s department.
Section 87200 Filers
Employees and individuals to whom California Government Code Section 87200 applies,
including the City Council and City Treasurer, candidates for these elected offices, the Planning
Commission, the City Manager, the City Attorney, the Deputy City Manager of Administrative
Services, and other public officials who manage public investments, are required to fully disclose
their personal assets and income.
Sept. 27, 2022 Item #4 Page 62 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Consultants
“Consultant” is defined by the Fair Political Practices Commission, as an individual who, pursuant
to a contract with a state or local governmental agency:
(a) Makes a governmental decision to:
1) Approve a rate, rule or regulation;
2) Adopt or enforce a law;
3) Issue, deny, suspend, or revoke any permit, license, application, certificate,
approval, order, or similar authorization or entitlement;
4) Authorize the agency to enter into, modify, or renew a contract provided it is
the type of contract that requires agency approval;
5) Grant agency approval to a contract that requires agency approval and in
which the agency is a party, or to the specifications for such a contract;
6) Grants agency approval to a plan, design, report, study, or similar item;
7) Adopt, or grant agency approval of, policies, standards, or guidelines for the
agency, or for any subdivision of the agency; or
(b) Serves in a staff capacity with the agency and in that capacity participates in
making a governmental decision or performs the same or substantially all the
same duties for the agency that would otherwise be performed by an individual
holding a position designated in the agency’s conflict of interest code.
A consultant does not act in a staff capacity where the work is to be performed
on one project or a limited number of projects over a limited period of time, or
where the relationship between the contractor and the agency would last only
12-16 months with no ongoing relationship contemplated, or where, under a
multi-year contract, the contractor would perform only on a sporadic basis.
A consultant participates in making a governmental decision if the consultant
provides information, an opinion, or a recommendation for the purpose of
affecting the decision without significant intervene substantive review.
The staff person most knowledgeable of the work that a consultant will be performing shall
designate whether the consultant must file a Statement of Economic Interest by marking the
appropriate box in the contract and/or on the contract cover sheet. When a consultant is
designated and is responsible for disclosure, the consultant shall be required to file a Statement
of Economic Interest disclosing reportable interests in Disclosure Categories 1 and 2.
Sept. 27, 2022 Item #4 Page 63 of 90
Attachment C
LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Mayor and City Council Members (87200 Filer) Full Disclosure
City Treasurer (87200 Filer) Full Disclosure
City Clerk (87200 Filer) Full Disclosure
Planning Commission Members (87200 Filer) Full Disclosure
City Manager (87200 Filer) Full Disclosure
City Attorney (87200 Filer) Full Disclosure
Members of the Successor Agency of the Carlsbad Redevelopment
Agency – Includes Chairman/Members, Executive Director, Counsel,
Secretary (87200 Filer)
Full Disclosure
Public Financing Authority Members – Includes
Chairman/Members, Executive Director, Counsel, Secretary,
Treasurer (87200 Filer)
Full Disclosure
Community Development Commission Members – Includes
Chairman/Members, Executive Director, Counsel, Secretary (87200
Filer)
Full Disclosure
Carlsbad Municipal Water District Board of Directors Members –
Includes Board Members, Counsel, Secretary (87200 Filer)
Full Disclosure
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
Deputy City Treasurer Full Disclosure
Investment Review Committee Members Full Disclosure
Assistant to the City Treasurer 1, 2, 4
POSITIONS UNDER THE CITY MANAGER
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Accountant 1, 2, 4
Accounting Supervisor 1, 2, 4
Assistant City Manager 1, 2, 3, 4
Assistant Director of Community Development 1, 2, 3, 4
Assistant Director of Emergency Services 1, 2, 3, 4
Assistant Engineer 2, 3, 5
Assistant Finance Director 1, 2, 3, 4
Assistant Fire Chief 1, 2, 3, 4
Assistant Fire Marshal 2, 3, 5
Assistant Human Resources Director 1, 2, 4
Assistant IT Director 1, 2, 4
Assistant Planner 2, 3, 5
Assistant Police Chief 1, 2, 3, 4
Associate Contract Administrator 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 64 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Associate Engineer 2, 3, 5
Associate Management Analyst 2, 3, 5
Associate Planner 2, 3, 5
Building Inspector I/II 1, 2, 3, 5
Building Official 1, 2, 3, 5
Business Intelligence & Analytics Manager 1, 2, 5
Business Intelligence Analyst 1, 2, 5
Business Systems Specialist 2, 5
Buyer/Contract Administrator 1, 2, 3, 4
Chief Innovation Officer 1, 2, 3, 4
City Clerk Services Manager 1, 2, 3, 4
City Planner 1, 2, 3, 4
City Traffic Engineer 1, 2, 3, 4
Code Enforcement Manager 1, 2, 3, 4
Code Enforcement Officer I/II 1, 2, 3, 5
Communication & Engagement Director 1, 2, 3, 4
Communications Coordinator 1, 2, 5
Community Arts Coordinator 1, 2, 5
Community Development Director 1, 2, 3, 4
Community Health Nurse 1, 2, 5
Community Relations Manager 2, 5
Contract Administrator 1, 2, 3, 4
Cultural Arts Manager 1, 2, 5
Deputy City Manager 1, 2, 3, 4
Deputy Library Director 1, 2, 5
Deputy Fire Marshall 2, 3, 5
Development Services Manager 1, 2, 3, 4
Director of Legislative & Constituent Services 1, 2, 3, 4
Economic Development Manager 1, 2, 3, 5
Engineering Manager 1, 2, 3, 5
Emergency Preparedness Manager 1, 2, 3, 5
Environmental Manager 1, 2, 3, 5
Environmental Sustainability Director 1, 2, 3, 4
Environmental Specialist I/II/Senior 2, 3, 5
Executive Assistant 1, 2, 3, 4
Finance Director 1, 2, 3, 4
Finance Manager 1, 2, 3, 4
Finance/Payroll/IT Manager 1, 2, 5
Fire Battalion Chief 1, 2, 3, 4
Fire Chief 1, 2, 3, 4
Fire Division Chief 1, 2, 5
Fire Prevention Specialist I/II 1, 2, 3
Sept. 27, 2022 Item #4 Page 65 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
GIS Administrator 1, 2, 3, 5
Homeless Services Manager 1, 2, 3, 5
Housing & Homeless Services Director 1, 2, 3, 4
Housing Services Manager 1, 2, 3, 5
Human Resources Director 1, 2, 4
Human Resources Manager 1, 2, 5
Information Technology Director 1, 2, 4
Information Technology Manager 1, 2, 5
Information Technology Project Manager 1, 2, 5
Information Technology Security Manager 1, 2, 5
Inspector I/II 1, 2, 3
Intergovernmental Affairs Director 1, 2, 3, 4
Internal Audit Manager 1, 2, 3, 4
Library & Cultural Arts Director 1, 2, 4
Management Analyst 1, 2, 3, 4
Meter Services Supervisor 2, 5
Municipal Projects Manager 1, 2, 3, 5
Parks & Recreation Director 1, 2, 3, 4
Park Planning Manager 1, 2, 3, 5
Park Planner 2, 3, 5
Parks Services Manager 1, 2, 3, 5
Parks Superintendent 1, 2, 5
Parks/Trees Supervisor 2, 5
Police Captain 1, 2, 5
Police Chief 1, 2, 3, 4
Police Communications Manager 1, 2, 5
Police Lieutenant 1, 2, 5
Principal Librarian 1, 5
Principal Planner 1, 2, 3, 4
Program Manager 1, 2, 3, 5
Public Works Manager 1, 2, 3, 5
Public Works Superintendent 1, 2, 3, 5
Public Works Supervisor 2, 4
Real Estate Manager 1, 2, 3, 5
Recreation Area Manager 1, 2, 5
Recreation Services Manager 1, 2, 5
Risk Manager 1, 2, 4
Safety & Compliance Manager 1, 2, 5
Safety Training Center Manager 1, 2, 5
SCADA Supervisor 2, 5
Senior Accountant 1, 2, 5
Senior Applications Analyst 2, 5
Sept. 27, 2022 Item #4 Page 66 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
Senior Building Inspector 1, 2, 3, 5
Senior Business Systems Specialist 1, 2, 5
Senior Code Enforcement Officer 1, 2, 3, 5
Senior Construction Inspector 1, 2, 3, 5
Senior Contract Administrator 1, 2, 5
Senior Database Administrator 1, 2, 5
Senior Engineer 1, 2, 3, 5
Senior IT Project Manager 1, 2, 5
Senior Management Analyst 1, 2, 3, 5
Senior Network Engineer 2, 4, 5
Senior Planner 1, 2, 3, 5
Senior Program Manager 1, 2, 3, 5
Senior System Administrator 2, 5
Special Projects Manager 1, 2, 5
Systems Administrator 2, 5
Transportation Director 1, 2, 3, 4
Transportation Planning & Mobility Manager 1, 2, 3, 5
Utilities Associate Engineer 2, 3, 5
Utilities Director 1, 2, 3, 4
Utilities Engineering Manager 1, 2, 3, 4
Utilities Maintenance Planner 1, 2, 5
Utilities Manager 1, 2, 4
Utilities Senior Engineer 1, 2, 3, 5
Utilities Superintendent 1, 2, 3, 5
Utilities Supervisor 2, 5
Utilities Technical Services Manager 1, 2, 5
Warehouse Technician 2, 5
Zoning Enforcement Officer 1, 2, 3, 4
CITY ATTORNEY’S OFFICE
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Senior Assistant City Attorney 1, 2, 3, 4
Assistant City Attorney 1, 2, 3, 4
Deputy City Attorney 1, 2, 3, 4
Executive Assistant 1, 2, 3, 4
Senior Assistant City Attorney 1, 2,3, 4
Senior Management Analyst 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 67 of 90
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
BOARDS/COMMISSIONS/COMMITTEES (Members of Designated Appointed Positions)
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory
Committee
1, 2, 3
Arts Commission 1, 2, 3
Beach Preservation Commission 1, 2, 3
Board of Library Trustees 1, 2, 3
Carlsbad Golf Lodging Business Improvement District 1, 2, 3
Carlsbad Tourism Business Improvement District 1, 2, 3
Community Development Block Grant Committee 1, 2, 3
Design Review Committee 1, 2, 3
Growth Management Plan Update Advisory Committee 1, 2, 3
Historic Preservation Commission 1, 2, 3
Housing Commission 1, 2, 3
Parks & Recreation Commission 1, 2, 3
Senior Commission 1, 2, 3
Traffic & Mobility Commission 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 68 of 90
Exhibit 6
CONFLICT
OF
INTEREST CODE
for the
City of Carlsbad
Carlsbad Municipal Water District
Community Development Commission
Carlsbad Public Financing Authority
City of Carlsbad as Successor Agency to the Carlsbad
Redevelopment Agency
CONFLICT OF INTEREST CODE OF
THE CITY OF CARLSBAD
AND
THE CARLSBAD HOUSING AND REDEVELOPMENT AGENCY
AND
THE CARLSBAD MUNICIPAL WATER DISTRICT
Sept. 27, 2022 Item #4 Page 69 of 90
Page 2 of 5 September 28, 2010
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
AND
THE CARLSBAD PUBLIC FINANCING AUTHORITY
ARTICLE I. GENERA
SECTION I: Title: This Code shall be known and may be cited as "Conflict of Interest Code of
the City of Carlsbad, Carlsbad Housing and Redevelopment Agency, Carlsbad Municipal Water
District, and Carlsbad Public Financing Authority." the Carlsbad Municipal Water District, the
Community Development Commission, Carlsbad Public Financing Authority and the City of
Carlsbad as Successor Agency to the Carlsbad Redevelopment Agency."
SECTION II: Authority: This Code is adopted under the provisions of the "Political Reform Act
of 1974", Title 9 of found in the California Government Code commencing beginning with
Government Code Section 81000, and Section 18730 of Article 2 of Chapter 7 of Division 6
of its implementing regulations, found in Title 2 of the California Code of Regulations
beginning with Section 18700..
SECTION III: Purpose: This Code is adopted in order to:
A. Assure that all designated employees and individualsdesignated herein perform
their duties in an impartial manner, free from bias caused by financial interests;
B. Enumerate and differentiate the positions of employment within the City which
involve the making of decisions which may foreseeably have a material effect upon
a financial interest;
C. Require the disclosure of such interests, by setting forth the specific types of
interests which are reportable for each position;
D. Require that designated employees disqualify themselves from participation in
City decision-making which may involve a conflict of interest.
SECTION IV: Incorporation by Reference: The provisions of Title 2 California Code of Regulations
Section 18730, except Section 9.5 thereof, a copy of which is attached hereto marked Exhibit "A",
Sept. 27, 2022 Item #4 Page 70 of 90
--
{city of
Carlsbad
Page 3 of 5 September 28, 2010
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
are hereby incorporated by this reference and constitute the Conflict of Interest Code of the City
of Carlsbad, Carlsbad Housing and Redevelopment Agency, Carlsbad Municipal Water District and
the Carlsbad Public Financing Authority. Except as stated in Section V below, the standard conflict
of interest code prepared by the Fair Political Practices Commission, found in Title 2, Section
18730, of the California Code of Regulations, as it may be amended from time to time, is
incorporated by this reference. Together with the attached Appendix and List of Designated
Positions and Disclosure Categories, it constitutes the “Conflict of Interest Code of the City of
Carlsbad, Carlsbad Housing and Redevelopment Agency, Carlsbad Municipal Water District, and
Carlsbad Public Financing Authority." the Carlsbad Municipal Water District, the Community
Development Commission, Carlsbad Public Financing Authority and the City of Carlsbad as
Successor Agency to the Carlsbad Redevelopment Agency."
SECTION V: Amendments to Standard Conflict of Interest Code:: Section of the Code found
in Title 2 California Code of Regulations Section 18730 is replaced with the following Section 4:
A. Section 9.5 of the standard conflict of interest code found in Title 2, Section
18730, of the California Code of Regulations is deleted as it applies only to state
officers and employees.
B. Section 4 of the standard conflict of interest code found in Title 2, Section 18730, of
the California Code of Regulations is amended to read as follows:
Section 4: All designated employees and individuals shall file their statements of economic
interests required herein with the City of Carlsbad’s City Clerk’s Office, of the City of
Carlsbad which will make the statements available on the city’s website for public viewing
and downloading.. Where the person filing such statements is required to file multiple
statements on account of his or her capacity in both City and Agency, District and/or
Authority, filing may be made on a single form(s}, specifying therein that it is filed in both
capacities.
APPENDIX
Persons holding positions listed in the Appendix are required to file the initial, annual, and
leaving office statements of financial interest required by this Code for the types of interests
in the categories set forth in the column "Disclosure Categories" opposite the column
"Designated Positions". It has been determined that these persons make or participate in
making decisions which foreseeably may have a material effect on such financial interests if
Sept. 27, 2022 Item #4 Page 71 of 90
Page 4 of 5 September 28, 2010
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
those interests meet certain monetary thresholds.
A.
Where the disclosure category requires disclosure of interests in real property, the
designated employee need only disclose real property which is located in whole or in part
within or not more than two miles outside the boundaries of the jurisdiction or within two
miles of any land owned or used by the local government agency.
B.
C. Where the disclosure category requires disclosure of investments or sources of
income, the designated employee need only disclose investments in business entities and
sources of income which do business in the jurisdiction, plan to do business in the jurisdiction
or have done business in the jurisdiction within the past two years. In addition to other
activities, a business entity is doing business within the jurisdiction if it owns real property
within the jurisdiction.
D. Where the disclosure category requires disclosure of business positions, the
designated employee need only disclose positions of director, officer, partner, trustee,
employee, or any position of management in organizations or enterprises operated for profit.
SECTION VI: Act: "Act" means the Political Reform Act of 1974, comprising Title 9
(commencing with Section 81000) of the Government Code of the State of
California.SECTION VII: Designated employee: "Designated employee/individual" means any
officer, employee, commission or board member or consultant to the City whose position is
listed in the Appendix of this Code.
SECTION VIII: Designated position: "Designated position" means a position specified in the
Appendix of this Code and requiring disclosure as provided in this Code because the position
entails the making or participating in the making of decisions which may foreseeably have a
material effect on a financial interest.
SECTION IX: Regulations: "Regulations" mean the regulation of the Fair Political Practices
Commission adopted pursuant to Title 9 of the Government Code and reported at Title 2 of
the California Code of Regulations commencing with Section 18100.
SECTION X VI: Repeal: This Code shall repeal and supersede all previous versions of the
"Conflict of Interest Code of the City of Carlsbad, Carlsbad Housing and Redevelopment
Agency, Carlsbad Municipal Water District, and Carlsbad Public Financing Authority" the
Carlsbad Municipal Water District, the Community Development Commission, Carlsbad Public
Financing Authority and the City of Carlsbad as Successor Agency to the Carlsbad
Redevelopment Agency.".
SECTION XI: Effective date: This Code shall be effective upon adoption by resolution of the
Sept. 27, 2022 Item #4 Page 72 of 90
Page 5 of 5 September 28, 2010
Carlsbad Local Conflict of Interest Code
Sept. 27, 2022
appropriate code reviewing body.
Sept. 27, 2022 Item #4 Page 73 of 90
APPENDIX
for CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES AND DESIGNATED POSITIONS
REVISED APPENDIX CITY OF CARLSBAD CONFLICT OF INTEREST CODE DESIGNATED POSITIONS
General Provisions
When a designated employees or individuals isare required to disclose investments, business
positions and sources of income, he or she they need to only disclose investments in business
entities and sources of income which do business in the Ccity, plan to do business in the Ccity or
have done business in the Ccity within the past two (2) years. In addition to other activities, a
business entity is doing business within the Ccity if it owns real property within the Ccity. When
a designated employees or individuals isare required to disclose real property he or she they need
to only disclose that which is located in whole or in part, within or not more than two (2 ) miles
outside the boundaries of the Ccity or within two (2) miles of any land owned or used by the
Ccity.
Designated employees or individuals shall disclose their financial interest pursuant to the
appropriate disclosure category as indicated inExhibit “A”. the List of Designated Positions and
Disclosure Categories.
All designated employees required to submit an initial Statement of Interest Form 700 shall file
electronically including electronic signature with the City Clerk within thirty (30) days after the
effective date of this resolution. Initial filings shall cover the period of the twelve (12) months
prior to the date of the adoption of this Conflict of Interest Code.
Sept. 27, 2022 Item #4 Page 74 of 90
Carlsbad Local Conflict of Interest Code October 20, 2020
Carlsbad Local Conflict of Interest Code Sept. 27, 2022
• All individuals appointed, promoted, or transferred to a designated position shall file
statements within thirty (30) days of assuming office. These “assuming office” statements
cover the period of the twelve (12) months prior to the date of assuming office statement.
• When an individual is in an “interim or acting” capacity, they are subject to the same
disclosure requirements of the position in which they are filling. An assuming office would
be filed.
• Annual statements shall be filed with the City Clerk by April 1 of each year by all
designated employees, elected officials, committee/board/commission members or
individuals. Such statements shall cover the period of the preceding calendar year.
• Every designated employee who leaves office shall file, within thirty (30) days of leaving
office, a statement disclosing financial interests held or received at any time during the
period between the closing date of the last statement required to be filed and the date
of leaving office.
• Any individual serving in dual roles may file a combined statement by reporting according
to their broadest range of disclosure.
• Failure to file the required statement in a timely fashion may result in the imposition of
administrative, criminal, and civil sanctions as provided in Government Code Sections
81000-91014.
Resource: Title 2, California Code of Regulations, Section 18730 Provisions of Conflict of Interest Codes.
Sept. 27, 2022 Item #4 Page 75 of 90
Carlsbad Local Conflict of Interest Code October 20, 2020
Carlsbad Local Conflict of Interest Code Sept. 27, 2022
Disclosure Categories
Category 1: Disclose all business entities and non-profit organizations in which
investments, business positions (e.g. director, officer, partner, trustee,
employee or hold any position of management) and sources of income
including gifts, loans and travel payments located in Carlsbad, including
property located within a two-mile radius of any property owned or used
by the City of Carlsbad. Designated employees or individuals shall report
all investments, business positions in business entities, and income,
including gifts, loans and travel payments, from sources in or doing
business in Carlsbad.
Category 2: All interests in real property within the jurisdiction of the City.
Designated employees and individuals shall report all real property
interests within the Carlsbad, including property located within a two-mile
radius of any property owned or used by the City of Carlsbad.
Category 3: All investments, business positions in business entities, non-profit
organizations and sources of income, including gifts, loans and travel
payments, interest in real property and sources of income subject to the
regulatory, permit or licensing authority of the specific City department.
Designated employees or individuals shall report all investments, business
positions in business entities and income, including gifts, loans and travel
payments, from sources which engage in the appraisal, acquisition,
disposal, development, rehabilitation, or construction of improvements on
real property in Carlsbad, including real property located within a two-mile
radius of any property owned or used by the City of Carlsbad.
Category 4: All investments in business entities, non-profit organizations and
sources of income, including gifts, loans and travel payments, and sources
of income which engage in land development, construction or the
acquisition of real property, and interests in real property located in
Carlsbad, including property located within a two-mile radius of any
property owned or used by the City of Carlsbad.Designated employees or
individuals shall report all investments, business positions in business
entities, and income, including gifts, loans and travel payments, from any
source, in or doing business within Carlsbad, which provides services,
supplies, materials, machinery or equipment of the type utilized by the
city.
Category 5: All investments in business entities, non-profit organizations in
which investments, business positions (e.g. director, officer, partner,
trustee, employee or hold any position of management) and sources of
income including gifts, loans and travel payments, and of the type which
Sept. 27, 2022 Item #4 Page 76 of 90
Carlsbad Local Conflict of Interest Code October 20, 2020
Carlsbad Local Conflict of Interest Code Sept. 27, 2022
contracts with the City to provide services, supplies, materials, machinery
or equipment to any City department. Designated employees or
individuals shall report all investments, business positions in business
entities, and income, including gifts, loans and travel payments, from any
source, in or doing business within Carlsbad, which provides services,
supplies, materials, machinery or equipment of the type utilized by the
designated employee’s or individual’s department.
Category 6: All investments in business entities and sources of income of the
type which contracts with the City to provide to the designated employee’s
department services, supplies, materials, machinery or equipment to any
City department.
Category 7: All investments, positions in business entities, income including
gifts, loans and travel payments, and income from non-profit
organizations, if the sources is the type that receives grants or other
monies from or through the City.
Unlimited Disclosures:
87200 Category are required to file full disclosure of all categories pursuant to Article 2 of Chapter
7 of the Political Reform Act, Government Code sections 87200, et. seq.
Section 87200 Filers
Employees and individuals to whom California Government Code Section 87200 applies,
including the City Council and City Treasurer, candidates for these elected offices, the Planning
Commission, the City Manager, the City Attorney, the Deputy City Manager of Administrative
Services, and other public officials who manage public investments, are required to fully disclose
their personal assets and income.
Sept. 27, 2022 Item #4 Page 77 of 90
Carlsbad Local Conflict of Interest Code October 20, 2020
Carlsbad Local Conflict of Interest Code Sept. 27, 2022
Consultants
The staff person most knowledgeable of the work that a Consultant will be performing shall
designate whether or not the Consultant must file a Statement of Economic Interest by marking
the appropriate box on the Agreement or Contract cover sheet. When determined that a
Consultant is designated and is responsible for disclosure, they shall be required to file a
Statement of Economic Interest disclosing reportable interests subject to all disclosure
categories.
Consultants who make (not just recommend) governmental decisions, such as whether to
approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit,
license, application, certificate or similar authorization, adopt or grant City approval to a plan,
design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the
City or any subdivision thereof shall be required to disclose.
Consultants who act in a staff capacity with the City, and in that capacity perform the same or
substantially all the same duties for the City that would otherwise be performed by an individual
holding a designated position in the City’s Conflict of Interest Code, shall disclose at the same
level as the comparable designated position identified.
“Consultant” is defined by the Fair Political Practices Commission, as an individual who, pursuant
to a contract with a state or local governmental agency:
(a) Makes a governmental decision to:
1) Approve a rate, rule or regulation;
2) Adopt or enforce a law;
3) Issue, deny, suspend, or revoke any permit, license, application, certificate,
approval, order, or similar authorization or entitlement;
4) Authorize the agency to enter into, modify, or renew a contract provided it is
the type of contract that requires agency approval;
5) Grant agency approval to a contract that requires agency approval and in
which the agency is a party, or to the specifications for such a contract;
6) Grants agency approval to a plan, design, report, study, or similar item;
7) Adopt, or grant agency approval of, policies, standards, or guidelines for the
agency, or for any subdivision of the agency; or
(b) Serves in a staff capacity with the agency and in that capacity participates in
making a governmental decision or performs the same or substantially all the
same duties for the agency that would otherwise be performed by an individual
holding a position designated in the agency’s conflict of interest code.
A consultant does not act in a staff capacity where the work is to be performed
on one project or a limited number of projects over a limited period of time, or
where the relationship between the contractor and the agency would last only
12-16 months with no ongoing relationship contemplated, or where, under a
multi-year contract, the contractor would perform only on a sporadic basis.
A consultant participates in making a governmental decision if the consultant
Sept. 27, 2022 Item #4 Page 78 of 90
Carlsbad Local Conflict of Interest Code October 20, 2020
Carlsbad Local Conflict of Interest Code Sept. 27, 2022
provides information, an opinion, or a recommendation for the purpose of
affecting the decision without significant intervene substantive review.
The staff person most knowledgeable of the work that a consultant will be performing shall
designate whether the consultant must file a Statement of Economic Interest by marking the
appropriate box in the contract and/or on the contract cover sheet. When a consultant is
designated and is responsible for disclosure, the consultant shall be required to file a Statement
of Economic Interest disclosing reportable interests in Disclosure Categories 1 and 2.
Sept. 27, 2022 Item #4 Page 79 of 90
Summary of Changes
for the List of Designated Positions and Disclosure Categories
CHANGE IN STRUCTURE:
The 2020 adopted List of Designated Positions and Disclosure Categories was structured by
department. The proposed 2022 List of Designated Positions and Disclosure Categories is
structured by who the employee reports to, either the City Manager or the City Attorney. Below
is a summary of the changes included in the new List of Designated Positions and Disclosure
Categories.
NEW OR RECLASSIFIED POSITIONS ADDED TO THE CODE:
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Assistant Human Resources Director 1, 2, 4
Assistant IT Director 1, 2, 4
Assistant Police Chief 1, 2, 3, 4
City Clerk (87200 Filer) Full Disclosure
Code Enforcement Manager 1, 2, 3, 4
Community Health Nurse 1, 2, 5
Director of Legislative & Constituent Services 1, 2, 3, 4
Environmental Sustainability Director 1, 2, 3, 4
GIS Administrator 1, 2, 3, 5
Homeless Services Manager 1, 2, 3, 5
Housing & Homeless Services Director 1, 2, 3, 4
Internal Audit Manager 1, 2, 3, 4
Safety & Compliance Manager 1, 2, 5
Safety Training Center Manager 1, 2, 5
SCADA Supervisor 2, 5
Senior Business Systems Specialist 1, 2, 5
Senior IT Project Manager 1, 2, 5
Systems Administrator 2, 5
Utilities Associate Engineer 2, 3, 5
Utilities Engineering Manager 1, 2, 3, 4
Utilities Superintendent 1, 2, 3, 5
Utilities Senior Engineer 1, 2, 3, 5
Utilities Technical Services Manager 1, 2, 5
DESIGNATED POSITIONS
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
DISCLOSURE
CATEGORIES
Deputy City Treasurer Full Disclosure
Members of the Investment Review Committee Members Full Disclosure
Sept. 27, 2022 Item #4 Page 80 of 90
DESIGNATED POSITIONS
BOARDS/COMMISSIONS/COMMITTEES
(Members of Designated Appointed Positions)
DISCLOSURE CATEGORIES
Design Review Committee 1, 2, 3
Growth Management Plan Update Advisory Committee 1, 2, 3
POSITIONS REMOVED FROM THE CODE:
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Assistant to the City Manager 1
Building & Code Enforcement Manager 1, 2, 3, 4, 5,6
City Communications Manager 1, 2, 3, 4
Emergency Medical Services (EMS) Manager 1, 2, 3, 4 ,5,6
Facilities Manager 1,2,3,4,5,6
Fire Marshal 1, 2, 3, 4, 5, 7
Geographic Information Systems Manager 1,2,6,7
Graphic Production Supervisor 2,3,4
Information Technology Operations Manager 1,2,5,6,7
Project Portfolio Manager 1,2,3,5,6,7
Public Safety Information Technology Manager 1,2,5,6,7
Public Works Director 1,2,3,4,6,7
Utilities Asset Manager 1,2,3,4,6
DESIGNATED POSITIONS
BOARDS/COMMISSIONS/COMMITTEES
(Members of Designated Appointed Positions)
DISCLOSURE CATEGORIES
Housing Element Advisory Committee 3, 4
Sept. 27, 2022 Item #4 Page 81 of 90
_1
ALL OTHER POSITIONS WITH NEW OR UNCHANGED DISCLOSURE CATEGORIES:
DESIGNATED POSITIONS
WHO REPORT TO THE CITY MANAGER
DISCLOSURE CATEGORIES
Accountant 1, 2,3, 4,5
Accounting Supervisor 1, 2, 3,4 6
Assistant City Manager 1, 2, 3, 4
Assistant Director of Community Development 1, 2, 3, 46, 7
Assistant Director of Emergency Services 1, 2, 3, 4 6, 7
Assistant Engineer 2, 34, 5
Assistant Finance Director 1, 2, 3, 4 5
Assistant Fire Chief 1, 2, 3, 4 6, 7
Assistant Fire Marshal 2, 3, 5
Assistant Planner 2, 3, 4, 5
Associate Contract Administrator 1, 2, 3, 4 5, 6
Associate Engineer 2, 3, 45
Associate Management Analyst 1, 2, 3, 5 6,7
Associate Planner 2, 3, 45
Building Inspector I/II 1, 2, 3 ,4, 5
Building Official 1, 2, 34, 5
Business Intelligence & Analytics Manager 1, 2,3, 4 5
Business Intelligence Analyst 1, 2,3, 4 5
Business Systems Specialist 2,3, 4, 5, 6
Buyer/Contract Administrator 1, 2, 3, 4, 5, 6
Chief Innovation Officer 1, 2, 3, 4, 5, 6, 7
City Clerk Services Manager 1, 2, 3, 4 6
City Planner 1, 2, 3, 4, 6
City Traffic Engineer 1, 2, 3, 4, 5, 6
Code Enforcement Officer I/II 1, 2, 3, 5
Communication & Engagement Director 1, 2, 3, 4, 6, 7
Communications Coordinator 1, 2, 5
Community Arts Coordinator 1, 2, 4 5
Community Development Director 1, 2, 3, 4, 6, 7
Community Relations Manager 2, 3, 4, 5 6
Contract Administrator 1, 2, 3, 4 6
Cultural Arts Manager 1, 2, 4, 5 6, 7
Deputy City Manager 1, 2, 3, 4
Deputy Library Director 1, 2, 5 6, 7
Deputy Fire Marshall 2, 3, 5
Development Services Manager 1, 2, 3, 4
Economic Development Manager 1, 2, 3, 4, 5 6, 7
Engineering Manager 1, 2, 3,4, 5, 6
Emergency Preparedness Manager 1, 2, 3, 4, 5 7
Environmental Manager 1, 2, 3, 5 6, 7
Environmental Specialist I/II/Senior 1,2 3, 5, 6
Executive Assistant 1, 2, 3, 4, 5
Sept. 27, 2022 Item #4 Page 82 of 90
Finance Director 1, 2, 3, 4 5
Finance Manager 1, 2, 3, 4 5, 7
Finance/Payroll/IT Manager 1, 2, 5
Fire Battalion Chief 1, 2, 3, 4 5, 6, 7
Fire Chief 1, 2, 3, 4, 6,7
Fire Division Chief 1, 2,3, 5, 6, 7
Fire Prevention Specialist I/II 1, 2, 3, 4
Housing Services Manager 1, 2, 3, 4, 5 6, 7
Human Resources Director 1, 2, 4 5
Human Resources Manager 1, 2, 3, 5, 6, 7
Information Technology Director 1, 2, 4 5
Information Technology Manager 1, 2, 5, 6, 7
Information Technology Project Manager 1, 2, 5, 6, 7
Information Technology Security Manager 1, 2, 5, 6, 7
Inspector I/II 1, 2, 3, 4
Intergovernmental Affairs Director 1, 2, 3, 4, 6, 7
Library & Cultural Arts Director 1, 2, 4 6, 7
Management Analyst 1, 2, 3, 46, 7
Meter Services Supervisor 2, 3, 45
Municipal Projects Manager 1, 2, 3,4 5
Parks & Recreation Director 1, 2, 3, 4, 6, 7
Park Planning Manager 1, 2, 3, 4, 5 6
Park Planner 1, 2, 3, 4, 5 6
Parks Services Manager 1, 2, 3, 4,5 6
Parks Superintendent 1, 2, 3, 4,5 6
Parks/Trees Supervisor 1, 2,3 5
Police Captain 1, 2,3, 5 6
Police Chief 1, 2, 3, 4 6, 7
Police Communications Manager 1, 2,3 5
Police Lieutenant 1, 2,3, 5 6
Principal Librarian 1, 5 6
Principal Planner 1, 2, 3, 4, 7
Program Manager 1, 2, 3, 5, 6
Public Works Manager 1, 2, 3, 4, 5, 6
Public Works Superintendent 1, 2, 3, 4, 5 6
Public Works Supervisor 2,3, 4, 6
Real Estate Manager 1, 2, 3, 5 6
Recreation Area Manager 1, 2,3 5
Recreation Services Manager 1, 2, 3,4, 5 6
Risk Manager 1, 2, 3,4 5, 6
Senior Accountant 1, 2,4, 5
Senior Applications Analyst 2, 3, 4, 5,6
Senior Building Inspector 1, 2, 3,4 5
Senior Code Enforcement Officer 1, 2, 3,4 5
Senior Construction Inspector 1, 2, 3, 45
Sept. 27, 2022 Item #4 Page 83 of 90
Senior Contract Administrator 1, 2, 3, 5 6
Senior Database Administrator 1, 2, 5, 6, 7
Senior Engineer 1, 2, 3,4, 5, 6
Senior Management Analyst 1, 2, 3, 5, 6, 7
Senior Network Engineer 2, 3, 4, 5, 6
Senior Planner 1, 2, 3, 4,5 7
Senior Program Manager 1, 2, 3, 5, 6
Senior System Administrator 2, 3, 4, 5, 6
Special Projects Manager 1, 2, 3, 4, 5 6, 7
Transportation Director 1, 2, 3, 4, 5, 6, 7
Transportation Planning & Mobility Manager 1, 2, 3, 4, 5, 6
Utilities Director 1, 2, 3, 4, 6, 7
Utilities Maintenance Planner 1, 2, 3, 45
Utilities Manager 1, 2, 3, 4, 5,6
Utilities Supervisor 2, 3, 45
Warehouse Technician 2, 3, 56
Zoning Enforcement Officer 1, 2, 3, 4
DESIGNATED POSITIONS
WHO REPORT TO THE CITY ATTORNEY
DISCLOSURE
CATEGORIES
Assistant City Attorney 1, 2, 3, 4 5
Deputy City Attorney 1, 2, 3, 4, 5,6
Executive Assistant 1, 2, 3, 4, 5
Senior Assistant City Attorney 1, 2,3, 4, 5
Senior Management Analyst 1, 2, 3, 4 5, 6, 7
DESIGNATED POSITIONS
AS 87200 FILERS
DISCLOSURE CATEGORIES
Mayor and City Council Members (87200 Filer) Full Disclosure
Unlimited Disclosure
City Treasurer (87200 Filer) Full Disclosure Unlimited
Disclosure
Planning Commission Members (87200 Filer) Full Disclosure Unlimited
Disclosure
City Manager (87200 Filer) Full Disclosure Unlimited
Disclosure
City Attorney (87200 Filer) Full Disclosure Unlimited
Disclosure
Members of the Successor Agency of the Carlsbad Redevelopment
Agency – Includes Chairman/Members, Executive Director, Counsel,
Secretary (87200 Filer)
Full Disclosure Unlimited
Disclosure
Members of the Public Financing Authority Members – Includes
Chairman/Members, Executive Director, Counsel, Secretary,
Full Disclosure Unlimited
Disclosure
Sept. 27, 2022 Item #4 Page 84 of 90
Treasurer (87200 Filer)
Members of the Community Development Commission Members –
Includes Chairman/Members, Executive Director, Counsel, Secretary
(87200 Filer)
Full Disclosure Unlimited
Disclosure
Members of the Carlsbad Municipal Water District Board of
Directors Members – Includes Board Members, Counsel, Secretary
(87200 Filer)
Full Disclosure Unlimited
Disclosure
DESIGNATED POSITIONS
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
DISCLOSURE
CATEGORIES
Assistant to the City Treasurer 1, 2, 3, 4 7
DESIGNATED POSITIONS
BOARDS/COMMISSIONS/COMMITTEES
(Members of Designated Appointed Positions)
DISCLOSURE CATEGORIES
Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory
Committee
1, 2, 3, 4
Arts Commission 1, 2, 3, 4, 6
Beach Preservation Commission 1, 2, 3, 4, 6
Board of Library Trustees 1, 2, 3, 4, 6
Carlsbad Golf Lodging Business Improvement District 1, 2, 3, 4
Carlsbad Tourism Business Improvement District 1, 2, 3, 4
Community Development Block Grant Committee 1, 2, 3, 4, 7
Historic Preservation Commission 1, 2, 3, 4, 6
Housing Commission 1, 2, 3, 4
Parks & Recreation Commission 1, 2, 3, 4, 6
Senior Commission 1, 2, 3, 4, 6
Traffic & Mobility Commission 1, 2, 3, 4
Sept. 27, 2022 Item #4 Page 85 of 90
I t----1 --------~-I
ORDINANCE NO. CS-433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 1.14 -
DISQUALIFICATION FOR CONFLICT OF INTEREST
WHEREAS, the Political Reform Act of 1974 (Cal. Gov. Code Section 81000 et seq.) and its
implementing regulations (Regulations, Cal. Code of Regs., Title 2, Section 18110 et seq.) set forth
standards for determining whether a governmental decision will have a material financial effect on a
public official's interest in real property; and
WHEREAS, California Government Code Section 81013 authorizes the City Council to impose
additional requirements regarding conflicts of interest if the requirements do not prevent compliance
with the provisions of the Political Reform Act; and
WHEREAS, the City Council wishes to impose a stricter standard for determining whether a
governmental decision will have a material financial effect on a public official's or employee's interest
in real property.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1.The above recitations are true and correct.
2.That Carlsbad Municipal Code Chapter 1.14 is amended to read as follows:
Sections:
1.14.010
1.14.020
1.14.030
1.14.040
1.14.050 1.14.060
Chapter 1.14
DISQUALIFICATION FOR CONFLICT OF INTEREST
Purpose and intent.
Definitions.
Conflict of interest-Materiality standard: financial interest in real property.
Penalties and enforcement. Rules of construction. Severability.
1.14.010 Purpose and intent.
A This chapter supplements the provisions of the Political Reform Act of 1974 (Act; Cal. Gov. Code, Section
81000 et seq.) and its implementing regulations (Regulations; Cal. Code of Regs., Title 2, Section 18110 et
seq.) by imposing a stricter standard for determining whether a governmental decision will have a material
financial effect on a public official's interest in real property.
B.The city council further finds that this chapter is enacted in recognition of the city council's authority under
California Government Code Section 81013 to impose additional requirements regarding conflicts of interest
and that the additional requirements imposed by this chapter do not prevent a person from complying with
the Act.
Exhibit 7
Sept. 27, 2022 Item #4 Page 86 of 90
Sept. 27, 2022Item #4 Page 87 of 901.14.020 Definitions. The words and phrases used in this chapter have the same meaning as defined in the Act. 1.14.030 Conflict of interest-Materiality standard: financial interest in real property. A. Section 87100 of the Act prohibits a public official from making, participating in making, or attempting to use the official's position to influence a governmental decision in which the official knows or has reason to know the official has a financial interest. Section 87103 provides that an official has a "financial interest" within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect on one or more of the official's interests as identified and distinguishable from the decision's effect on the public generally. B. The city council has determined it is reasonably foreseeable that a decision will have a material financial effect on a public official's interest in real property if the decision involves real property with a property line located within 600 feet or less of the official's property. This is a stricter standard than the 500 feet set forth in Regulation 18702.2(a)(7). C. Except as modified by this section, all public officials and designated employees in the city shall comply in all respects and with all provisions of the Act and the Regulations related to identifying a conflict of interest based on the material financial effect of a public official's interest in real property. 1.14.040 Penalties and enforcement. Violations of this chapter are subject to the enforcement and penalty provisions of California Government Code Sections 91000-91014. Any person who knowingly or willfully violates any provision of this chapter is guilty of a misdemeanor. The San Diego County District Attorney is the civil and criminal prosecutor for this chapter. 1.14.050 Rules of construction. The provisions of this chapter shall be construed liberally in order to accomplish the intent and purposes of this chapter and the Act. 1.14.060 Severability. If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter or the application of this chapter to persons or circumstances not similarly situated. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk's Office shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 27th
day of September, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Sept. 27, 2022 Item #4 Page 88 of 90
Exhibit 8
Chapter 1.14
DISQUALIFICATION FOR CONFLICT OF INTEREST
Sections:
1.14.010 Purpose and intent.
1.14.020 Definitions.
1.14.030 Conflict of interest—Materiality standard: Disqualifications financial interest in real
property.
1.14.040 Penalties and enforcement.
1.14.050 Rules of construction.
1.14.060 Severability.
1.14.010 Purpose and intent.
A.This chapter is to supplements the provisions of the Political Reform Act of 1974 (Act; Cal. Gov. Code,
Section 81000 et seq.) and its implementing regulations (Regulations; Cal. Code of Regs., Title 2,
Section 18110 et seq.) by imposing a stricter standard for determining whether a governmental
decision will have a material financial effect on a public official’s interest in real property.
B. The city council further finds that this chapter is enacted in recognition of the city council’s authority
under California Government Code Section 81013 to impose additional requirements regarding
conflicts of interest and regards a municipal affair, that there is nothing in this chapter that conflicts
with the general laws of the state, and that the additional requirements imposed by this chapter
pursuant to Government Code Section 81013 do not prevent a person from complying with said the
Act.
1.14.020 Definitions.
The words and phrases used in this chapter shall have the same meaning as defined in the ActPolitical
Reform Act, 1974, Title 9 of the Government Code of the state, as said Act now exists or may hereafter be
amended.
1.14.030 Conflict of interest—Materiality standard: financial interest Disqualificationsin real
property.
A.Section 87100 of the Act prohibits a public official from making, participating in making, or attempting
to use the official’s position to influence a governmental decision in which the official knows or has
reason to know the official has a financial interest. Section 87103 provides that an official has a
“financial interest” within the meaning of Section 87100 if it is reasonably foreseeable that the decision
will have a material financial effect on one or more of the official’s interests as identified and
distinguishable from the decision’s effect on the public generally.
B. The regulations adopted by the Fair Political Practices Commission provide that The city council has
determined that it is reasonably foreseeable that a decision will have a material financial effect on a
public official’s interest in real property if that may not participate in a governmental decision when
the official has an interest in real propertythe decision involves real property which is with a property
line located within a 500 within 600 feet or less of the official’s property. This is a stricter standard than
the 500 feet set forth in Regulation 18702.2(a)(7).foot radius of the boundaries or proposed
boundaries of a property which is the subject of a decision before the official unless that decision will
have no financial effect upon an official’s interest.
B. This section imposes a stricter standard for all public officials and designated employees in the city
who shall not participate in a decision when those public officials or designated employees have an
interest in real property located within a 600-foot radius of the boundaries of the property which is the
subject of a decision unless that decision will have no financial effect upon that interest.
Sept. 27, 2022 Item #4 Page 89 of 90
C.Except as modified by this section, all public officials and designated employees in the city shall
comply in all other respects and with all other provisions of the Act and the Regulations related to
identifying a conflict of interest based on the material financial effect of a public official’s interest in
real property rules in the Commission’s regulations.
1.14.040 Penalties and enforcement.
Violations of this chapter are subject to the The penalties and enforcement and penalty provisions of the
Political Reform Act of 1974,of California Government Code Sections 91000- through 91014 of the
Government Code of the state shall apply to any violation of the provisions of this chapter. Any person who
knowingly or wilfullywillfully violates any provision of this chapter is guilty of a misdemeanor. For purposes
of this chapter, the district attorney ofThe San Diego County District Attorney is the civil and criminal
prosecutor for this chapter.
1.14.050 Rules of construction.
The provisions of this chapter shall be construed liberally in order to accomplish the intent and purposes of
this chapter and the Political Reform Act of 1974.
1.14.060 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid
or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not affect the
validity of the remaining portions of this chapter or the application of this chapter to persons or
circumstances not similarly situated.
Sept. 27, 2022 Item #4 Page 90 of 90