Resolution No. 6808220
RESOLUTION NO. 6808
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES
ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS
PREVIOUSLY ADOPTED
WHEREAS, the Political Reform Act of 1974, Government Code §§ 81000 et seq.,
requires every state or local government agency to adopt and promulgate a Conflict of
Interest Code and to amend the same on a regular basis; and
WHEREAS, the City of Cypress has previously adopted a Conflict of Interest Code,
and that Code now requires amendment; and
WHEREAS, the Fair Political Practices Commission ("FPPC") has adopted
Regulation 18730, of the California Code of Regulations (2 Cal. Code of Regulations, §
18730), which contains the terms of a standard or model conflict of interest code, which
can be incorporated by reference, and which will be amended to conform to amendments
in the Political Reform Act after public notice and hearings conducted by the Fair Political
Practices Commission pursuant to the Administrative Procedure Act; and
WHEREAS, incorporation by reference of the terms of the aforementioned
regulation and amendments to it will help clarify the Conflict of Interest Code requirements
and make compliance with such Code easier.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The attached Conflict of Interest Code incorporating by reference the
terms of Regulation 18730 of the California Code of Regulations, and any amendments
to it duly adopted by the Fair Political Practices Commission and the attached Appendices
"A" and "B" in which officials and employees are designated and disclosure categories
are set forth are hereby incorporated by reference and constitute the Conflict of Interest
Code for the City of Cypress, California.
SECTION 2. Persons holding designated positions shall file Statements of
Economic Interests pursuant to said Conflict of Interest Code.
SECTION 3. The provisions of all Conflict of Interest Codes and amendments
thereto previously adopted for the City of Cypress are hereby superseded.
SECTION 4. The provisions of this Conflict of Interest Code will become effective
upon approval of the City Council of the City of Cypress, California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cypress
at a regular meeting held on the 28th day of September, 2020.
MAYOR OF AW CITY OF CYPRESS
ATTEST:
CITY CL OF THE CI Y OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
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I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of the said City Council held
on the 28th day of September, 2020, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY K OF THE CITY OF CYPRESS
ER
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CONFLICT OF INTEREST CODE
OF THE CITY OF CYPRESS, CALIFORNIA
The Political Reform Act (Government Code §§ 87100 et seq.) requires state and
local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair
Political Practices Commission has adopted a Regulation 18730 that contains the terms
of a standard Conflict of Interest Code, which can be incorporated by reference in an
agency's code. After public notice and hearing, Regulation 18730 may be amended by
the Fair Political Practices Commission to conform to amendments in the Political Reform
Act. Therefore, Regulation 18730 (2 Cal. Code of Regs. § 18730), and any amendments
to it duly adopted by the Fair Political Practices Commission, is hereby incorporated
Regulation 18730 reference. This policy administrative regulation and exhibit designating
officials and employees shall constitute the Conflict of Interest Code of the City of
Cypress, California.
Designated employees and individuals shall file statements of economic interests
with this agency. Upon receipt of the statements of the City Council, City Manager, City
Attorney, and City Treasurer, who are required to file statements of economic interests
under Government Code § 87200, this agency shall make and retain copies and forward
the originals of these statements to the Fair Political Practices Commission. Statements
for all other designated employees, Assistant City Attorneys, City Commissioners, City
Board Members, and City Committee Members will be retained by this agency.
Designated employees and individuals who shall file statements of economic
interests with this agency are so designated in Appendix "A."
Legal Reference:
EDUCATION CODE
1006 Prohibitions applicable to specified officers
GOVERNMENT CODE
1090-1097 Prohibitions applicable to specified officers
1125-1128 Incompatible activities
82028 Definitions "Gifts"
82030 Definitions "Income"
82033 Definitions "Interest in real property"
87100-87103.5 Conflicts of Interest
87200-87210 Disclosure
87300-87313 Conflict of interest code
87500 Statements of economic interests
91000-91015 Enforcement
CODE OF REGULATIONS, TITLE 2
18100 et seq. Regulations of the Fair Political Practices Commission
69 OPS. CAL. ATTY. GEN 225 (1986)
APPENDIX "A"
Designated Positions Disclosure Category
Assistant City Attorney 1,2,3,4,5,6
Building Official* 1,2,3,4,5,6
Chief of Police 1,2,3,4,5,6
City Attorney 1,2,3,4,5,6
City Clerk 1,2,3,4,5,6
City Council 1,2,3,4,5,6
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City Engineer 1,2,3,4,5,6
City Manager 1,2,3,4,5,6
City Planner 1,2,3,4,5,6
City Treasurer/Director of Finance and Administrative
Services 1,2,3,4,5,6
Consultants* 1,2,3,4,5,6
Deputy City Attorney 1,2,3,4,5,6
Director of Community Development/Planning 1,2,3,4,5,6
Director of Public Works 1,2,3,4,5,6
Director of Recreation and Community Services 1,2,3,4,5,6
Finance Manager/Assistant Director of Finance and
Administrative Services 1,2,3,4,5,6
Human Resources Administrator 1,2,3,4,5,6
Information Technology Manager 1,2,3,4,5,6
Maintenance Superintendent 1,2,3,4,5,6
Members of all City Commissions, Boards, and Committees 1,2,3,4,5,6
Police Captain 1,2,3,4,5,6
Recreation and Community Services Manager 1,2,3,4,5,6
Police Lieutenant 1,2,3,4,5,6
Senior Management Analyst 1,2,3,4,5,6
*Consultants shall disclose pursuant to the broadest disclosure category in the
Code subject to the following limitations: The City Manager may determine in
writing that a particular consultant, although a "designated position," is hired to
perform a range of duties that is limited in scope and thus is not required to fully
comply with the disclosure requirements in this Section. Such written
determination shall include a description of the consultant's duties and, based
upon that description, a statement of the extent of disclosure requirements. The
City Manager's determination is a public record and shall be retained for public
inspection in the same manner and location as this Conflict of Interest Code.
APPENDIX "B"
DISCLOSURE CATEGORIES
Designated Employees in Disclosure Category 1 Must Report:
All interest in real property, as defined in Government Code § 82033, within the
jurisdiction. Real property shall be deemed to be within the jurisdiction of the property or
any part of it is located within or not more than two miles outside the boundaries of the
City of Cypress, or within two miles of any land owned or used by the City of Cypress.
No disclosure need be made concerning the principal residence of the designated
employee.
Designated Employees in Disclosure Category 2 Must Report:
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All investments, as defined in Government Code § 87034. Financial interests are
reportable only if located within or subject to the jurisdiction of the City of Cypress, or if
the business entity is doing business or planning to do business in the City of Cypress,
or has done business within the City of Cypress at any time during the two years prior to
the filing of the statement.
Designated Employees in Disclosure Category 3 Must Report:
All income, as defined in Government Code § 82030, from any source located or
doing business within the jurisdiction or expecting to do business within the jurisdiction.
Income received from a public agency need not be disclosed.
Designated Employees in Disclosure Category 4 Must Report:
Employees whose duties involve contracting or purchasing:
Contracts or makes purchases for the entire City: Investments and business
positions in business entities and sources of income, which provide services, supplies,
materials, machinery or equipment of the type utilized by the City of Cypress.
Contracts or makes purchases for specific department: Investments and business
positions in business entities and sources of income, which provide services, supplies
materials, machinery or equipment of the type utilized by the designated employee's
department of division.
Designated Employees in Disclosure Category 5 Must Report: Investments and business
positions in business entities, and sources of income, which engage in land development,
construction or the acquisition or sale of real property, and all interests in real property.
Designated Employees in Disclosure Category 6 Must Report: All investments and
business positions in business entities, and sources of income, which are subject to the
regulatory, permit or licensing authority of the City of Cypress.