Conflict- of-Interest Code for the San Francisco Bay Conservation and Development Commission

The Political Reform Act (Government Code Section 81000, 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 (2 Cal. Code of Regs. Sec. 18730) that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency1 s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices designating positions and establishing disclosure categories shall constitute the conflict of interest code of the San Francisco Bay Conservation· and Development Commission (Commission).

Commissioners, Alternate Commissioners, and the Executive Director must file their statements of economic interests electronically with the Fair Political Practices Commission. All other individuals holding designated positions must file their statements with the Commission. All statements must be made available for public inspection and reproduction under Government Code Section 81008.

Appendix A

Designated PositionsDisclosure Categories
GOVERNING BODY
Commissioners and Alternates, All

1
ADVISORY BOARDS
Design Review Board, All members and Alternates
Engineering Criteria Review Board, All members

1
1
EXECUTIVE DIVISION
Executive Director
Career Executive Assignment (all levels)

1
1
PLANNING DIVISION
Career Executive Assignment (all levels)
Coastal Program Manager
Coastal Program Analyst (all levels)
Research Program Specialist
Research Analyst (all levels)
Environmental Scientist (all levels)

1
2,3
2,3
2,3
2,3
2,3
REGULATORY DIVISION
Career Executive Assignment (all levels)
Coastal Program Manager
Coastal Program Analyst (all levels)
Environmental Scientist (all levels)
Bay Development Design Analyst
Engineer (all levels)

1
2,3
2,3
2,3
2,3
2
LEGAL DIVISION
Chief Counsel I
Attorney (all levels)

1
1
ADMlNISTRATIVE SERVICES DIVISION
Staff Services Manager (all levels)
Associate Management Analyst
Information Technology (all levels)
Associate Governmental Program Analyst

2,3,4
2
4
2,3
CONSULTANT
Consultants
New Positions

*

* Consultants and new positions shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:

The Executive Director may determine in writing that a particular consultant or new position, although a "designated position," is hired to perform a range of duties that is limited in scope and thus, is not required to comply fully with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's or new position's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director'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. (GC 81008.)

Appendix B Disclosure Categories

The Commission has specific jurisdictional boundaries, which can be found in the McAteer-Petris Act, Chapter 2. Definition of San Francisco 66610-66611. Although the Commission is a state agency, only economic interests within the Commission's boundaries (and 2-mile radius) are reportable.

Category 1: Persons in this category must report:

  1. An interest in real property is reportable if the property, or any part of it, is located within or not more than two (2) miles outside the boundaries of the Commission's jurisdiction or within 2 miles of any land owned or used by the Commission.
  2. Investments, and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities located in or doing business within the Commission's jurisdiction.

Category 2: Persons in this category must report:

Investments and business positions in business entities and sources of income (including receipt of gifts, loans and travel payments) if the business entity or source is subject to the regulatory, permit or licensing authority of the Commission including, but not limited to:

  1. Entities that import or export goods or materials through a port, provides import or export services, or engages in maritime shipping, the loading or unloading of cargo, or any other commercial activity as a port;

  2. Engages in environmental planning, real estate, (sales, brokerage or investment) or construction

  3. Engages in energy research, development, facilities construction, transportation, or transmission within the Commission's jurisdiction; and

  4. Entities or sources of income from ocean-oriented commercial recreation or ocean-oriented public assembly facilities, including but not limited to restaurants, specialty shops, and hotels.

Category 3: Persons in this category must report:

Investments and business positions in business entities and sources of income (including receipt of gifts, loans and travel payments) if the business entity or source provides leased facilities, products, equipment, vehicles, machinery or services (including training or consulting services) of the type utilized by the Commission.

Category 4: Persons in this category must report:

Investments and business positions in business entities and sources of income (including receipt of gifts, loans and travel payments) if the business entity or source provides information technology or telecommunications goods, products or services including computer hardware or software companies, computer consultant services, IT training companies, data processing firms and media services.

This is the last page of the conflict of interest code for the San Francisco Bay Conservation and Development Commission.

Certification of FPPC Approval

Pursuant to Government Code Section 87303, the conflict of interest code for the San Francisco Bay Conservation and Development Commission was approved on 9/28/2018.

John M. Feser, Jr.
enior Commission Counsel
Fair Political Practices Commission

Pursuant to Government Code Section 11346.2: Secretary of State Filing Date: 10/30/2018

Effective: 11/29/2018