Cal. Code Regs. tit. 2 § 1142

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 1142 - General Provisions

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. Codes of Regs., Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Codes of Regs., Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix 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 of the State Controller, except as provided below.

Designated employees shall file statements of economic interests with the agency. With regard to the statement filed by the Deputy State Controller, the agency shall make and retain a copy and forward the original to the Fair Political Practices Commission.Appendix

Designated Positions

Disclosure Category

Division of Administration & Disbursements
..........................Assistant Deputy State Controller, Administrative ..........................I
..........................Chief, Human Resources ..........................I
..........................Data Processing Manager III ..........................V
..........................CEA, Level I ..........................I
Division of Accounting & Reporting
..........................Chief, Division of Accounting & Reporting, SCO ..........................I
..........................Chief, Accounting ..........................I
..........................Assistant Chief, Division of Accounting ..........................I
Division of Audits
..........................Chief Division of Audits, SCO ..........................I
..........................Special Liaison, Division of Audits, SCO ..........................I
..........................Supervising Management Auditor, Financial Related Audits ..........................I
..........................Supervising Management Auditor, Operations ..........................I
..........................Supervising Management Auditor, Compliance Audits ..........................I
..........................Supervising Management Auditor, Quality Control and Training ..........................I
..........................Supervising Management Auditor, Management Analysis and Technical Support ..........................I
..........................Supervising Management Auditor, Financial Audits ..........................I
Personnel/Payroll Services Division
..........................Chief, Personnel/Payroll Services Division ..........................I
..........................Bureau Chief, Personnel/Payroll Operations ..........................I
..........................Bureau Chief, Program Management Analysis Section, SCO ..........................I
..........................Bureau Chief, Special Projects ..........................I
Information Systems Division
..........................Chief, Information Systems Division, SCO ..........................I
..........................Data Processing Manager III ..........................V
..........................Data Processing Manager IV ..........................V
Division of Collections
..........................Chief, Division of Collections, SCO ..........................I
..........................Bureau Chief, Bureau of Unclaimed Property, SCO ..........................I
..........................Bureau Chief, Bureau of Tax Administration, SCO ..........................I
Executive Office
..........................Chief Deputy State Controller, Finance & Reporting ..........................I
..........................Chief, Deputy State Controller (Exempt) ..........................I
..........................Chief Deputy State Controller, Administrative ..........................I
..........................Deputy State Controller (Trail Court Funding) ..........................I
..........................Deputy State Controller, Taxation ..........................I
..........................Deputy State Controller, Legislation ..........................I
..........................Special Assistant to the State Controller, CEA ..........................I
..........................Assistant to the Controller, Public Affairs ..........................I
..........................Assistant Deputy State Controller (Exempt) ..........................I
..........................Chief Legal Counsel ..........................I
..........................Chief, Communications, SCO ..........................I
..........................Supervising Special Investigator II ..........................I
..........................Assistant Deputy State Controller, State Services ..........................I
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 State Controller 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. This determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

Disclosure Categories

Statement of Designated Employees in Category I shall include:

All interests in real property in the State of California, as well as investments, business positions and sources of income, including gifts, loans, and travel payments.

Statement of Designated Employees in Category II shall include:

Investments and business positions in, and income, including gifts, loans, and travel payments from any business entity which is a bank, savings and loan company, or other institution which serves or may serve as a depository for state, state agency, or local government funds.

Statement of Designated Employees in Category III shall include:

Income, including gifts, loans, and travel payments but excluding salary, reimbursement for expenses and per diem, from any local government agency.

Statement of Designated Employees in Category IV shall include:

Investments and business positions in and income, including gifts, loans, and travel payments from any business entity which is subject to the taxes and/or assessments administered in whole or in part by the Tax Collection and Refund Unit of the Division of Collections.

Statement of Designated Employees in Category V shall include:

Investments and business positions in and income, including gifts, loans, and travel payments from any business entity that provides equipment or services which is of the type utilized by the division or office in which they are employed.

Statement of Designated Employees in Category VI shall include:

All interests in real property in the State of California and investments and business positions in and income, including gifts, loans and travel payments from any source which engages in land development or construction or the acquisition, sale, or lease of real property.

Cal. Code Regs. Tit. 2, § 1142

1. New subchapter 7.5 (sections 1142-1149, 1149.1, and Exhibits A and B) filed 4-8-77; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 3-15-77 (Register 77, No. 15).
2. Repealer of subchapter 7.5 (sections 1142-1149.1 and Exhibits A and B) and new subchapter 7.5 (section 1142 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Editorial correction of misprinted section number (Register 81, No. 14).
4. Amendment of Appendix filed 2-3-83; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-21-82 (Register 83, No. 6).
5. Amendment filed 12-1-83; effective thirtieth day thereafter. Approved by the Fair Political Practices Commission 10-4-83 (Register 83, No. 49).
6. Amendment filed 2-28-85; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 1-8-85 (Register 85, No. 9).
7. Amendment of Appendix filed 3-21-86; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 2-4-86 (Register 86, No. 12).
8. Amendment of Appendix filed 10-7-92 and submitted to OAL for printing only. Approved by Fair Political Practices Commission 8-7-92 (Register 92, No. 41).
9. Amendment of section and Appendix filed 4-22-2004; operative 5-22-2004. Approved by Fair Political Practices Commission 5-23-2003 (Register 2004, No. 17).

Note: Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300, et seq., Government Code.