Cal. Code Regs. tit. 2 § 1194

Current through Register 2024 Notice Reg. No. 15, April 12, 2024
Section 1194 - Conflict-of-Interest Code

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 California Code of Regulations Section 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, 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 Department of General Services (Department).

Individuals holding designated positions shall file their statements of economic interests with the Department, which will make the statements available for public inspection and reproduction. (Gov. Code Sec. 81008.) Upon receipt of the statement for the Director, the Department shall make and retain copies and forward the original to the Fair Political Practices Commission. The Department shall forward copies of all other statements for appointed members of multi-member boards and commissions to the Fair Political Practices Commission. All other statements will be retained by the Department.Department of General Services Conflict-of-Interest Code Appendix A

List of Designated PositionsAssigned Disclosure Categories
EXECUTIVE ADMINISTRATION
Director, Department of General Services1
Chief Deputy Director, Department of General Services1
Deputy Director, Special Projects, Department of General Services1
Partner Business Executive, FI$Cal1
Office of Audit Services
Chief, Office of Audit Services1
Office of Legislation
Deputy Director, Legislation1
Legislative Coordinator1
Staff Services Manager (all levels)1
Research Analyst (all levels)1
Office of Public Affairs
Deputy Director, Office of Public Affairs1
Assistant Deputy Director, Office of Public Affairs1
Staff Services Manager (all levels)14
Information Officer (all levels)14
Equal Employment Office
Staff Services Manager (all levels)1
Office of Legal Services
Deputy Director, Office of Legal Services1
Assistant Deputy Director, Office of Legal Services1
Assistant Chief Counsel1
Staff Counsel (all levels)1
Legal Support Supervisor (all levels)11
Associate Governmental Program Analyst11
Office of Administrative Hearings
Director, Office of Administrative Hearings1
Deputy Director, Office of Administrative Hearings1
Presiding Administrative Law Judge1
Administrative Law Judge (all levels)1
Staff Counsel (all levels)1
Staff Services Manager (all levels)1
Legal Support Supervisor (all levels)1
Associate Governmental Program Analyst11
Public Works Arbitration Committee Member (no class, Gov appt.)1
Staff Services Analyst11
Pro Tem Administrative Law Judge1
Inmate Counsel1
ADMINISTRATION DIVISION
Deputy Director, Administration Division1
Enterprise Technology Solutions
Chief Information Officer, Enterprise Technology Solutions1
Chief Technology Officer2
Data Processing Manager III and IV12
Systems Software Specialist III12
Staff Services Manager (all levels)12
Senior Information Systems Analyst/Supervisor12
Associate Information Systems Analyst (buyer)12
Assistant Information Systems Analyst (buyer)12
Administration Section
Staff Services Manager (all levels)2
Associate Governmental Program Analyst (buyer)10
Office of Business Acquisition Services
Chief, Office of Business Acquisition Services1
Staff Services Manager (all levels)2
Associate Governmental Program Analyst2, 6 11
Staff Services Analyst2, 6, 11
Business Services Section
Chief, Business Services Section2
Staff Services Manager (all levels)2
Office of Fiscal Services
Chief, Office of Fiscal Services2
Accounting Administrator (all levels)2
Staff Services Manager (all levels)2
Office of Human Resources
Chief, Office of Human Resources4
Staff Services Manager (all levels)4
Labor Relations Manager (all levels)4
Labor Relations Specialist4
Office of Risk and Insurance Management
Chief, Office of Risk and Insurance Management9
Staff Risk Manager (all levels)9
Staff Services Manager (all levels)9
Associate Risk Analyst9
Office of Strategic Planning, Policy and Research
Chief, Office of Strategic Planning, Policy and Research1
INTERAGENCY SUPPORT DIVISION
Deputy Director, Interagency Support Division1
Office of Fleet and Asset Management
Chief, Office of Fleet Administration10
Associate Governmental Program Analyst10
Staff Services Manager (all levels)10
Automotive Pool Manager (all levels)10
Inspector of Automotive Equipment (all levels)10
Warehouse Manager (all levels)10
Staff Services Analyst10
Office of Public School Construction
Executive Officer, Office of Public School Construction1
Deputy Executive Officer, Office of Public School Construction1
Assistant Executive Officer, State Allocation Board1
Data Processing Manager (all levels)6, 15
Supervising Management Auditor6, 15
Management Auditor (all levels)6, 15
Staff Services Manager (all levels) -- Program Services6, 15
Staff Services Manager (all levels) -- Purchasing6, 11, 15
Associate Governmental Program Analyst -- Program Services6, 15
Associate Governmental Program Analyst -- Purchasing6, 11, 15
Office of State Publishing
State Printer, Office of State Publishing8
Assistant State Printer8
Staff Services Manager (all levels)8
Associate Governmental Program Analyst8
Industrial Hygienist (all levels)8
Program Manager (all levels)8
Staff Services Analyst8
Printing Plant Superintendent (all levels)8
Printing Mechanical Superintendent8
Mechanical Engineer8
Director of Television Communications8
PROCUREMENT DIVISION
Deputy Director, Procurement Division1
Business Development Program Manager2
Staff Services Analyst/Associate Governmental Program Analyst2
Human Resources and Finance Section
Staff Services Manager (all levels)2
Associate Governmental Program Analyst2
Research Program Specialist (all levels)2
Associate Materials Analyst2
Staff Services Analyst2
Strategic Sourcing and Acquisitions Branch
Purchasing Manager1
Pharmaceutical Program Consultant2
Pharmaceutical Consultant (all levels)2
Health Program Manager (all levels)2
Manager of EDP Acquisitions2
Senior EDP Acquisition Spec (Supervisor)2
Staff Services Manager II2
Health Program Spec (all levels)2
Staff EDP Acquisitions Spec2
Associate Materials Analyst2
Staff Services Analyst2
Associate Governmental Program Analyst2
Information Systems Analyst (all levels)12
Technology Acquisitions Branch
Purchasing Manager1
Senior EDP Acquisitions Spec2
Staff EDP Acquisitions Spec2
Associate Information Systems Analyst12
OSDS Branch
Purchasing Manager1
Staff Services Manager III1
Staff Services Manager I and II2
Small Business Officer (all levels)2
Associate Governmental Program Analyst2
Staff Services Analyst2
Graphic Designer (all levels)7
Engineering Branch
Standards & Quality Control Manager1
Senior Procurement Engineer2
Associate Procurement Engineer2
Associate Governmental Program Analyst2
Policy, Training and Customer Services Branch
CEA (Chief -- Policy, Training and Customer Services Branch)1
Manager, EDP Acquisitions2
Senior EDP Acquisitions Supervisor2
Staff Services Manager (all levels)1
Staff EDP Acquisitions Spec2
Associate Information Systems Analyst12
Associate Governmental Program Analyst2
Associate Materials Analyst2
REAL ESTATE SERVICES DIVISION
Deputy Director, Real Estate Services Division1
Assistant Deputy Director, Real Estate Services Division1
Associate Governmental Program Analyst11
Executive Assistant1
Asset Management Branch
Chief, Asset Management Branch1
Assistant Chief, Asset Management Branch1
Supervising Real Estate Officer1
Senior Real Estate Officer5, 6
Associate Real Estate Officer6
Associate Construction Analyst6
Staff Services Analyst6
Building and Property Management Branch
Chief, Building and Property Management Branch6
Assistant Chief, Building and Property Management Branch6
Office Building Manager (all levels)6
Staff Services Manager (all levels)6
Associate Governmental Program Analyst6
Staff Services Analyst6
Chief Engineer (all levels)6
Supervising Groundskeeper (all levels)6
Supervisor of Building Trades6
Custodian Supervisor II or III6
Construction Services Branch
Chief, Construction Services Branch1
Assistant Chief, Construction Services Branch1
Construction Supervisor III6, 11
Construction Supervisor I or II6, 11
Direct Construction Supervisor III6, 11
Direct Construction Supervisor I or II6, 11
Senior Electrical Engineer6, 11
Senior Mechanical Engineer6, 11
Senior Architect6, 11
Electrical Inspector (all levels)6, 11
Construction Inspector (all levels)6, 11
Supervisor of Building Trades6, 11
Senior Estimator of Building Construction6, 11
Staff Services Manager (all levels)6, 11
Associate Governmental Program Analyst6, 11
Staff Services Analyst6, 11
Project Management and Development Branch Chief, Project Management and Development Branch1
Project Management and Development Branch -- Architecture and Engineering Section
Principal Architect1
Supervising Architect6
Supervising Estimator of Building Construction6
Supervising Mechanical Engineer6
Supervising Engineer-CS-OAC6
Supervising Structural Engineer6
Senior Architect6
Senior Mechanical Engineer6
Senior Electrical Engineer6
Senior Civil Engineer6
Senior Structural Engineer6
Project Management and Development Branch -- Environmental Services Section
Supervising Environmental Planner1
Senior Environmental Planner6
Project Management and Development Branch -- Real Estate Leasing and Planning Section
Assistant Chief1
State Facilities Manager (all levels)6
Supervising Real Estate Officer6
Senior Real Estate Officer6
Associate Construction Analyst6
Staff Space Planner6
Associate Real Estate Officer6
Associate Space Planner6
Real Estate Officer6
Space Planner6
Staff Real Estate Officer6
Project Management and Development Branch -- Real Property Services Section
Assistant Chief1
Supervising Real Estate Officer6
Senior Real Estate Officer6
Associate Construction Analyst6
Real Estate Officer6
Staff Real Estate Officer6
Project Management and Development Branch -- Special Programs Section
Capital Outlay Program Manager1
Project Director (all levels)6
Associate Construction Analyst6
Supervising Architect6
Research Program Spec (all levels)6
Project Management and Development Branch -- Sections 3-6
Capital Outlay Program Manager1
Project Director III1
Project Director II6
Associate Construction Analyst6
Project Management and Development Branch -- Operations Section
Staff Services Manager (all levels)6
Staff Services Analyst6
DIVISION OF THE STATE ARCHITECT
State Architect1
Deputy to the State Architect3
Career Executive Assignment (all levels)3
Principal Architect3
Principal Structural Engineer3
Principal Fire and Life Safety Officer3
Staff Services Manager (all levels)3
Construction Supervisor (all levels)3
Supervising Architect3
Supervising Structural Engineer3
Supervising Program Technician (all levels)3
Senior Architect (Supervising)3
Senior Architect3
Senior Electrical Engineer3
Senior Structural Engineer3
Fire and Life Safety Officer (all levels)3
District Structural Engineer3
Associate Architect3
Architectural Associate3
Associate Mechanical Engineer3
Direct Construction Supervisor (all levels)3
CONSULTANTS/NEW POSITIONS*
____________
* With respect to consultants/new positions, the Director, Department of General Services 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 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 Director, Department of General Services' determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Government Code Section 81008.)

Department Of General Services Conflict-of-Interest Code Appendix B

Category 1

A designated position in this category must report all investments, interests in real property, positions in business entities, and sources of income (including receipt of loans, gifts, and travel payments).

Category 2

A designated position in this category must report investments, positions in business entities, and sources of income (including receipt of loans, gifts, and travel payments) from sources that provide services, supplies, materials, machinery or equipment of the type utilized by the Department or procured by the Department on behalf of other state agencies.

Category 3

A designated position in this category must report investments, positions in business entities, and sources of income (including receipt of loans, gifts, and travel payments) from sources of the type that provide services, equipment, supplies, or training for or under the supervision of the Division of the State Architect.

Category 4

A designated position in this category must report investments, positions in business entities, and income (including receipt of loans, gifts, and travel payments) received from a department employee and from any of the following sources:

* Training and educational services

* Labor specialists

* Human resource management services

Category 5

A designated position in this category must report real property interests in the State of California.

Category 6

A designated position in this category must report investments, business positions in business entities, and sources of income (including receipt of loans, gifts and travel payments) from entities of the type that:

* provide construction related services, supplies, materials, machinery or equipment.

This includes, but is not limited to, entities that engage in architectural and engineering services, construction alteration, improvements and maintenance.

* engage in services and provide supplies that relate to land development, real property leasing and purchases.

A designated position in the Office of Public School Construction must also report sources that perform real property appraisals of the type utilized by the Office of Public School Construction.

Category 7

A designated position in this category must report investments, positions in business entities, and sources of income (including receipt of loans, gifts, and travel payments) from sources of the type that sell, rent, or service office machines, copiers, and reproduction equipment.

Category 8

A designated position in this category must report investments, positions in business entities, and sources of income, (including receipt of loans, gifts, and travel payments) from sources of the type that provide any of the following: graphic arts supplies, pressroom equipment, bindery equipment, trucking services, printing and machinery equipment, film projection, or any other paper or printing supplies.

Category 9

A designated position in this category must report investments, positions in business entities and sources of income (including receipt of loans, gifts, and travel payments) from sources of the type to provide services to the Office of Risk and Insurance Management.

Category 10

A designated position in this category must report investments, positions in business entities, and income (including receipt of loans, gifts, and travel payments) of the type that provide vehicles (including fuel, parts, services and supplies), travel related products and services (e.g. rental car companies), as well as any type of product or service purchased by the Office of Fleet and Asset Management for its use or the use of any state or local agency.

Category 11

A designated position in this category must report investments and business positions in business entities, and sources of income (including receipt of loans, gifts, and travel payments) from sources of the type for which the employee's division, office, branch or section has purchasing authority.

Category 12

A designated position in this category must report investments and business positions in business entities, and sources of income (including receipt of gifts, loans, and travel payments) from information technology and telecommunications sources, including but not limited to, computer hardware or software companies, computer consultant services, training, data processing firms, microfilm, and media services.

Category 13

A designated position in this category must report investments and business positions in business entities, and sources of income (including receipt of gifts, loans, and travel payments) from sources that are, or were during the current legislative session, a "lobbyist," "lobbying firm," or "lobbyist employer."

Category 14

A designated position in this category must report investments, business positions in business entities, and sources of income (including receipt of gifts, loans, and travel payments) from sources of the type that submit bids to, or contract with, the Department including, but not limited to, leasing and real property. Such contracts include contracts for other state agencies that are reviewed or processed by the Department.

Category 15

A designated position in this category must report investments, business positions in business entities, and sources of income (including receipt of gifts, loans, and travel payments) from sources of the type that receive funding from or through the Office of Public School Construction or makes an appearance on behalf of an applicant for funding from or through Office of Public School Construction.

Cal. Code Regs. Tit. 2, § 1194

1. New Subchapter 1 (Articles 1-5, Sections 1194-1199) filed 7-11-77; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 2-15-77 (Register 77, No. 29).
2. Repealer of Subchapter 1 (Articles 1-5, Section 1194-1199) and new Subchapter 1 (Section 1194 and Appendix) filed 3-18-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 12).
3. Editorial correction providing correct addresses for the Department of General Services and the Fair Political Practices Commission and providing separate listing for appendices A and B (Register 96, No. 46).
4. Amendment of General Provisions and appendices A and B filed 11-13-96; operative 12-13-96. Approved by Fair Political Practices Commission 9-13-96 (Register 96, No. 46).
5. Amendment printing the conflict of interest code in full and amendment of Appendix A filed 1-11-2001; operative 2-10-2001. Approved by Fair Political Practices Commission 11-6-2000 (Register 2001, No. 2).
6. Repealer and new section and Appendices A and B filed 1-21-2014; operative 2-20-2014 pursuant to Cal. Code Regs., tit. 2, section 18750(l). Approved by Fair Political Practices Commission 11-18-2013 and submitted to OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section 18750(k) (Register 2014, No. 4).

Note: Authority cited: Sections 81008, 87300 and 87306, Government Code. Reference: Section 87302, Government Code.

1. New Subchapter 1 (Articles 1-5, Sections 1194-1199) filed 7-11-77; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 2-15-77 (Register 77, No. 29).
2. Repealer of Subchapter 1 (Articles 1-5, Section 1194-1199) and new Subchapter 1 (Section 1194 and Appendix) filed 3-18-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 12).
3. Editorial correction providing correct addresses for the Department of General Services and the Fair Political Practices Commission and providing separate listing for appendices A and B (Register 96, No. 46).
4. Amendment of General Provisions and appendices A and B filed 11-13-96; operative 12-13-96. Approved by Fair Political Practices Commission 9-13-96 (Register 96, No. 46).
5. Amendment printing the conflict of interest code in full and amendment of Appendix A filed 1-11-2001; operative 2-10-2001. Approved by Fair Political Practices Commission 11-6-2000 (Register 2001, No. 2).
6. Repealer and new section and Appendices A and B filed 1-21-2014; operative 2-20-2014 pursuant to Cal. Code Regs., tit. 2, section 18750(l). Approved by Fair Political Practices Commission 11-18-2013 and submitted to OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section 18750(k) (Register 2014, No. 4).