§ 10010. General Provisions - Incorporation by Reference of Standard Conflict of Interest Code.

The Political Reform Act (Government Code Sections 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. § 18730) which contains the terms of a standard Conflict of Interest Code which can be incorporated by reference into an agency's code. After public notice, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of California Code of Regulations, title 2, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, are incorporated herein by reference. This regulation and the attached Appendices designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Office of the Secretary for the California Environmental Protection Agency (Cal/EPA).

Designated employees shall file their statements with the agency, which will make the statements available for public inspection and reproduction. (Gov. Code § 81008). Upon receipt of the statement(s) for Agency Secretary, Undersecretary, Deputy Secretaries, Assistant Secretaries, and other Exempt or CEA positions, the agency shall make and retain a copy and forward the original of each statement to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency.

Appendix A

Disclosure Categories

Category 1

Every person in this Category must report: All interests in real property in the State of California, as well as investments, business positions in business entities, and sources of income, including gifts, loans and travel payments.

Category 2

Every person in this Category must report: Investments and business positions in business entities, and sources of income, including gifts, loans and travel payments that are subject to the regulatory authority of the California Environmental Protection Agency.

Category 3

Every person in this Category must report: Investments, business positions, and income, including gifts, loans and travel payments, from sources of the type that provide education or training services which courses or curricula are approved by the California Environmental Protection Agency.

Every person in this Category must report: Investments, business positions, and income, including gifts, loans and travel payments, if the source is of the type to receive grants, loans or scholarships, from or through the California Environmental Protection Agency.

Category 4

Every person in this Category must report: All investments, and business positions in business entities, and sources of income, including gifts, loans and travel payments, from sources of the type that which provide services, supplies, materials, machinery or equipment of the type utilized by the California Environmental Protection Agency.

Appendix B

List of Designated Positions

Position	Disclosure Category
Agency Secretary	1
Agency Information Officer	1
Air Pollution Specialists	1
Air Resources Supervisors	1
Associate Business Management Analysts	4
Associate Governmental Progam Analysts	4
(Facility Services)
Associate Governmental Progam Analysts	3
(Law Enforcement & Counsel)
Associate Governmental Progam Analysts	1
(Policy & Legislation)
Assistant Secretaries	1
Business Services Officers	4
Career Executive Assignment (CEA) Positions	1
Counsels	1
Chiefs	1
Deputy Secretaries	1
Directors	1
Environmental Program Managers	1
Environmental Scientists	2
Exempt Positions	1
Integrated Waste Management Specialists	2
Staff Environmental Scientists	2
Senior Integrated Waste Management Specialists	1
(California-Mexico Border Environmental Program)
Staff Programmer Analysts	4
Staff Services Analysts (Facility Services)	4
Staff Services Analysts (Fiscal & Administrative Programs)	4
Staff Services Analysts (Law Enforcement & Counsel)	3
Staff Services Managers (Facility Services)	4
Undersecretary	1
Water Resources Control Engineers	1
(California-Mexico Border Environmental Program)
Consultants	*

________

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

The Agency Secretary, or his designee, may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that are 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 Agency Secretary'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.

HISTORY

1. New subdivision 0.5, chapter 1 and section filed 1-10-96; operative 2-9-96. Approved by Fair Political Practices Commission 11-1-95 (Register 96, No. 2).

2. Repealer of section and new section and Appendix filed 7-23-2002; operative 8-22-2002. Approved by Fair Political Practices Commission 5-16-2002 (Register 2002, No. 30).

3. Repealer and new section and Appendix A and Appendix B filed 12-17-2009; operative 1-16-2010. Approved by Fair Political Practices Commission 11-16-2009 (Register 2009, No. 51).

Note

Note: Authority cited: Sections 87300 and 87306, Government Code. Reference: Sections 87300, 87301, 87302 and 87500, Government Code; and Section 18730 of Title 2, Division 6 of California Code of Regulations.