HomeMy WebLinkAboutCA Agency Report of Public Officials 2020Agenda Item No: 5.b
Meeting Date: December 7, 2020
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney
Prepared by: Lisa Goldfien, Assistant City Attorney City Manager Approval: ______
TOPIC: AGENCY REPORT OF PUBLIC OFFICIALS 2020
SUBJECT: ADOPTION OF AGENCY REPORT OF PUBLIC OFFICIAL APPOINTMENTS
(FPPC FORM 806)
RECOMMENDATION:
Adopt Form 806, Agency Report of Public Official Appointments, and direct staff to publish it to
the City website.
BACKGROUND:
In 2011, the Fair Political Practices Commission (FPPC) initiated enforcement actions in some
cities against certain City Councilmembers who had participated in City Council decisions to
appoint themselves to paid positions on the boards of external entities (e.g., a Jo int Powers
Authority governing board), where the compensation they received as a result of their
appointment equaled or exceeded $250 (now $500) within a 12-month period. Under then-
existing FPPC Regulation 18702.5, these decisions resulted in a material financial effect on the
personal finances of the appointees and the councilmembers should not have participated in the
votes.
To avoid this type of inadvertent violation of conflict of interest rules in the future, a number of
cities petitioned the FPPC to amend Regulation 18702.5 to provide a mechanism that would
provide disclosure of such interests to the public while still allowing councilmembers to participate
in the vote on appointments.
In March 2012, the FPPC amended the regulation to state that councilmembers may participate
in a decision to appoint themselves to a position on a public agency board, commission or JPA
that will result in additional compensation to them, subject to conditions stated in the regulation.
One of these conditions is that the City Council must first have adopted and posted on the city’s
website a form, now designated as Form 806 (Attachment 1).
ANALYSIS:
Under the current regulation, City Council adoption and posting of a proper Form 806 will avoid
possible conflicts of interest for City Councilmembers when they participate in appointing
themselves to board positions for which a stipend is paid that will equal or exceed $500 within
any 12-month period. If the form is properly approved and published, all City Councilmembers
can participate in the appointment, even those who are being appointed and will receive the
stipend.
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: December 7, 2020
Disposition: Approved Staff Recommendation
Form 806 identifies each position the City Council appoints for which compensation is paid, the
salary or stipend for each position, and the name of each official who has been appointed as the
agency’s representative, or alternate. Because the purpose of the new regulation is to address
the issue of councilmembers voting to give themselves additional compensation, Form 806 is
intended to include only those appointments to boards and commissions that are made by the
City Council itself.
There is only one board appointment the San Rafael City Council makes for which a stipend is
paid that will equal or exceed $500 within any 12-month period. The appointees to the San Rafael
Sanitation District Board each receive a stipend of $100 per meeting attended, for meetings
scheduled 12 times per year. Staff has prepared the attached Form 806 showing the City Council
appointees and alternate.
Form 806 must be posted on the City’s website and would have to be amended and reposted if
there is any change in the compensation or number of meetings, or if a new appointment is made
to the San Rafael Sanitation District Board, or to any other board or commission position for which
qualifying compensation is to be paid. When a new appointment is made that would require Form
806 to be amended, members of the City Council notify the City Clerk’s Office of the change, and
the City Clerk’s office amends and reposts the Form 806 on the City’s website.
Staff is completing the City Council Appointments list for 2021 and will bring the final draft to the
City Council for review on Monday, December 21, 2020. The appointments to the San Rafael
Sanitation District Board will need to be changed due to the reorganization of the San Rafael City
Council.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDED ACTION:
Adopt Form 806, Agency Report of Public Official Appointments, and direct staff to publish it to
the City’s website.
ATTACHMENTS:
1. Form 806
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Comment:
A Public Document
Appt Date and
Length of Term
Agency Report of:
Public Official Appointments
2. Appointments
3. Verification
I have read and understand FPPC Regulation 18702.5. I have verified that the appointment and information identified above is true to the best of my information and belief.
Signature of Agency Head or Designee Print Name Title (Month, Day, Year)
Agency Boards and
Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Name
Name
Name
Name
$0-$1,000
$0-$1,000
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
Other
Other
Other
Other
California
Form
1.Agency Name
Designated Agency Contact (Name,Title)
E-mail
Division, Department, or Region (If Applicable)
806
For Official Use Only
Area Code/Phone Number
(Month, Day, Year)
____/____/____
Appt Date
____/____/____
Appt Date
____/____/____
Appt Date
____/____/____
Appt Date
Length of Term
Length of Term
Length of Term
Length of Term
Estimated Annual:
Estimated Annual:
Estimated Annual:
Estimated Annual:
$ Per Meeting:
$ Per Meeting:
$ Per Meeting:
$ Per Meeting:
Page _____ of _____
Date Posted:
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FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Background
This form is used to report additional compensation that officials
receive when appointing themselves to positions on committees,
boards, or commissions of another public agency or to a
committee or position of the agency of which the public official is
a member.
This form is required pursuant to FPPC Regulation 18702.5.
Each agency must post on its website a single Form 806 which
lists all the paid appointed positions to which an official will vote
to appoint themselves. When there is a change in compensation
or a new appointment, the Form 806 is updated to reflect the
change. The form must be updated promptly as changes occur.
Instructions
This form must be posted prior to a vote (or consent item) to
appoint a governing board member if the appointee will participate
in the decision and the appointment results in additional
compensation to the appointee.
FPPC Regulation 18702.5 provides that as long as the public
is informed prior to a vote, an official may vote to hold another
position even when the vote results in additional compensation.
Part 1. Agency Identification
Identify the agency name and information on who should be
contacted for information.
Part 2. Appointments
Identify the name of the other agency, board or commission. List
the name of the official, and an alternate, if any.
List the appointment date and the length of term the agency
official will serve. Disclose the stipend provided per meeting and
the estimated annual payment. The annual salary is an estimate
as it will likely vary depending upon the number of meetings. It
is not necessary to revise the estimate at the end of the calendar
year.
Part 3. Verification
The agency head or his/her designee must sign the verification.
Frequently Asked Questions (FAQs)
1.When does an agency need to complete the Form 806?
A Form 806 is required when an agency’s board members
vote to appoint a board member to serve on another
governmental agency or position of the agency of which the
official is a member and will receive additional compensation.
2.The city council votes to serve as the city’s housing authority,
a separate entity. Will the Form 806 be required?
If the council members receive additional compensation for
serving on the housing authority, the Form 806 is required.
3.Are appointments made by a governing board to appoint
one of its members to serve as an officer of that board for
additional pay (e.g., mayor) required to be disclosed on Form
806?
No. FPPC Regulation 18702.5(b)(6) exempts from this
requirement decisions to fill a position on the body of which
the official is a member (such as a councilmember being
appointed as mayor) despite an increase in compensation.
4.In determining the income, must the agency include mileage
reimbursements, travel payments, health benefits, and other
compensation?
No. FPPC Regulation 18702.5 requires only the amount of
the stipend or salary to be reported.
5.Which agency must post the Form 806?
The agency that is voting to appoint a public official must post
the Form 806 on its website. The agency that the official will
serve as a member is not required to post the Form 806. The
form is not sent to the FPPC.
6.When must the Form 806 be updated?
The Form 806 should be amended promptly upon any of
the following circumstances: (1) the number of scheduled
meetings is changed, (2) there is a change in the
compensation paid to the members, (3) there is a change in
membership on the board or commission, or (4) there is a
new appointment to a new agency.
7.If officials choose to recuse themselves from the decision
and leave the room when a vote is taken to make an
appointment, must the Form 806 be completed?
No. The Form 806 is only required to identify those officials
that will vote on an appointment in which the official will also
receive additional compensation.
Privacy Information Notice
Information requested by the FPPC is used to administer and
enforce the Political Reform Act. Failure to provide information
may be a violation subject to penalties. All reports are public
records available for inspection and reproduction. Direct
questions to FPPC’s General Counsel, Fair Political Practices
Commission, 1102 Q Street, Suite 3000, Sacramento, CA
95811.
California
Form 806
A Public Document
Agency Report of:
Public Official Appointments
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
A Public Document
Appt Date and
Length of Term
Agency Report of:
Public Official Appointments
Continuation Sheet
2. Appointments
Agency Boards and
Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Name
Name
Name
Name
$0-$1,000
$0-$1,000
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
Other
Other
Other
Other
California
Form
1.Agency Name
806
(Month, Day, Year)Date Posted:
____/____/____
Appt Date
____/____/____
Appt Date
____/____/____
Appt Date
____/____/____
Appt Date
Length of Term
Length of Term
Length of Term
Length of Term
Estimated Annual:
Estimated Annual:
Estimated Annual:
Estimated Annual:
$ Per Meeting:
$ Per Meeting:
$ Per Meeting:
$ Per Meeting:
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
Name
Name
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
Other
Other
____/____/____
Appt Date
____/____/____
Appt Date
Length of Term
Length of Term
Estimated Annual:
Estimated Annual:
$ Per Meeting:
$ Per Meeting:
Page _____ of _____
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