Cal. Code Regs. tit. 2 § 599.885

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 599.885 - Conflict of Interest Code

The Political Reform Act (Government Code [GC] sections 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (FPPC) has adopted a regulation (Title 2, Division 6, of the California Code of Regulations (CCR), 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 FPPC to conform to amendments in the Political Reform Act. Therefore, the terms of Title 2, Division 6, of the CCR, section 18730, and any amendments thereto duly adopted by the FPPC 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 California Department of Human Resources (CalHR).

Individuals holding designated positions shall file their statements of economic interests with CalHR, which will make the statements available for inspection and reproduction (GC section 81008.) Upon receipt of the statements of the Executive Director, the Savings Plus Administrator, the members of the Investment Committee and Alternates, and the consultants who manage public investments, CalHR shall make and retain a copy, and forward the original of these statements to the FPPC. Statements for all other designated positions will be retained by CalHR.

CALIFORNIA DEPARTMENT OF HUMAN RESOURCES (CalHR) CONFLICT OF INTEREST CODE

APPENDIX A

DESIGNATED POSITIONS

Designated Positions

Disclosure Category

Executive

Chief Deputy Director

1, 2, 3, 4, 5, 6, 7, 8

Administrative Law Judge

1, 2, 3, 4, 5, 6, 7, 8

Legislative Director

1, 2, 3, 4, 5, 6, 7, 8

Legislative Coordinator

1, 2, 3, 4, 5, 6, 7, 8

Communications Director

1, 2, 3, 4, 5, 6, 7, 8

Equal Employment Opportunity Officer

1, 2, 4, 7

Statewide Policy and CA Leads Initiative Director

1, 2, 3, 4, 5, 6, 7, 8

Diversity, Equity, and Inclusion Managers

1, 2, 4, 7

California Payroll System (CSPS) Director

1, 2, 3, 4, 5, 6, 7, 8

CSPS Managers (SSM II and III)

1, 2, 3, 4, 5, 6, 7, 8

Staff Services Manager II

1, 2, 4, 7

Civil Rights

Civil Rights Director

1, 2, 4, 7

Civil Rights Managers (SSM II and III)

1, 2, 4, 7

Labor Relations

Deputy Director, Labor Relations

1, 2, 3, 4, 5, 6, 7, 8

Assistant Deputy Director, Labor Relations

1, 2, 3, 4, 5, 6, 7, 8

Principal Labor Relations Officer

1, 2, 3, 4, 5, 6, 7, 8

Senior Labor Relations Officer

1, 2, 3, 4, 5, 6, 7, 8

Labor Relations Officer

1, 2, 3, 4, 5, 6, 7, 8

Labor Relations Manager

1, 2, 3, 4, 5, 6

Medical and Psychological Screening Division

Division Chief

1, 2, 3, 4, 5, 6, 7, 8

Medical Officer

1, 2

Medical Consultant

1, 2

Chief Psychologists

1, 2, 7

Psychologist

1, 2

Support Manager

1

Financial Management

Deputy Director, Fiscal & Data Management

1, 2, 3, 4, 5, 6, 7, 8

Division Chief

1, 2, 3, 4, 5, 6, 7, 8

Economic Research Manager (PPM II)

1, 2, 3, 4, 5, 6, 7, 8

Fiscal Program Manager (SSM III)

1, 2, 3, 4, 5, 6, 7, 8

Key Data Manager

1, 3, 5, 6

Administrative Services

Chief Operating Officer

1, 2, 3, 4, 5, 6, 7, 8

Chief of Human Resources

1, 2, 3, 4, 5, 6, 7, 8

Human Resources Lead

1, 2, 4, 7

Fiscal Officer

1, 2, 4, 7

Business Operations Manager (Budget Officer)

1, 2, 4, 7

Budget Analyst

1, 2, 4, 7

Accounting Administrator (All Levels)

1, 2, 4, 7

Special Projects and Training Officer

1, 2, 4, 7

Manager of Business and Contract Services

1, 2, 4, 7

Contract Officers

1, 2, 7

Business Services Officer I

1

Benefits

Division Chief

1, 2, 3, 4, 5, 6, 7, 8

Assistant Chief

1, 2, 3, 4, 5, 6

Personnel Program Manager I & II

1, 2, 4, 5

Staff Services Manager II & III

1, 2, 4, 5

State Health Policy Analyst

1, 2, 4, 5

Benefit Program Manager

1, 5

Staff members* who are regularly assigned tasks involving the development, review, or award of bids/contracts, or grants, for services or products, and/or the research and development of alternatives, and recommendations for legislative policy and regulations and whose names and/or positions are listed on the contract decision-making and/or legislative and regulations decision-making list maintained by the California Department of Human Resources filing officer. Filing categories for these staff members are 1 and 5.

*Staff member classifications:

Personnel Program Advisor

1, 5

Staff Services Manager I

1, 5

Staff Personnel Program Analyst

1, 5

Associate Governmental Program Analyst

1, 5

Personnel Program Analyst

1, 5

Staff Services Analyst

1, 5

Savings Plus Program

Savings Plus Program Administrator

1, 2, 3, 4, 5, 6, 7, 8

Personnel Program Manager (All Levels)

1, 2, 3, 5, 8

Personnel Program Advisor (Procurement & Contracting)

1, 2, 3, 5, 8

Personnel Program Analyst (Procurement & Contracting)

1, 2, 3, 5, 8

Legal

Chief Counsel

1, 2, 3, 4, 5, 6, 7, 8

Deputy Chief Counsel

1, 2, 3, 4, 5, 6, 7, 8

Assistant Chief Counsel

1, 2, 3, 4, 5, 6, 7, 8

Labor Relations Counsel (All Levels)

1, 2, 3, 4, 5, 6, 7, 8

Legal Counsel

1, 2, 3, 4, 5, 6, 7, 8

Attorney V

1, 2, 3, 4, 5, 6, 7, 8

Office Manager

1

Selection

Division Chief

1, 2, 3, 4, 5, 6, 7, 8

Staff Services Manager III

1, 2, 3, 5, 8

Staff Services Manager II

1, 2, 3, 5, 8

Information Technology

Division Chief

1, 2, 3, 4, 5, 6, 7, 8

Information Technology Manager (I and II)

1, 2, 4, 7, 8

Information Technology Supervisor (I and II)

1, 2, 7

Information Technology Specialist (All Levels)

1, 2, 7

Information Technology Associate, Purchasing Agents

1, 2, 7

Personnel Management

Division Chief

1, 2, 3, 4, 5, 6, 7, 8

Personnel Program Manager (All Levels)

1, 2, 4, 5, 6

Staff Services Manager III

1, 2, 3, 4, 5, 6

Workforce Development Division

Division Chief

1, 2, 3, 4, 5, 6, 7, 8

Chief Learning Officer (SSM III)

1, 2, 3, 4, 5, 6, 7, 8

Staff Services Manager II and III

1, 2, 4, 6, 8

Operations Manager

1, 2, 4, 6, 8

Program Coordinator

1, 2, 4, 6, 8

Selection Program Consultant

1, 2, 4, 6, 8

Childcare Providers Labor Relations

Division Chief

1, 2, 3, 4, 5, 6, 7, 8

Labor Relations Manager (All Levels)

1, 2, 3, 4, 5, 6, 7, 8

Departmentwide

Consultants/New Positions

*

Note: Some designated positions may be filled by outside consultants who disclose according to the above list.

* Consultants/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 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 fully comply with the disclosure requirements 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 section 81008).

Public Officials Who Manage Public Investments:

It has been determined that the positions listed below manage public investments and will file a statement of economic interests pursuant to GC section 87200, and therefore, are listed for informational purposes only:

* Director

* Administrator of Savings Plus

* Investment Committee Members and Alternates

* Consultants who Manage Public Investments

An individual holding one of the above listed positions may contact the FPPC for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by GC section 87200.

CALIFORNIA DEPARTMENT OF HUMAN RESOURCES (CalHR) CONFLICT OF INTEREST CODE

APPENDIX B

DISCLOSURE CATEGORIES

Designated positions in this category must disclose, pursuant to instructions and forms prescribed by the FPPC, the following

Category 1

All investments and business positions in any business entity and income, including gifts, loans, and travel payments from any source of the type which within the last two years, has contracted with CalHR to provide services, supplies, materials, machinery, or equipment.

Category 2

All investments and business positions in any business entity and income, including gifts, loans, and travel payments from any source of the type which within the last two years, has contracted with CalHR to provide instructional or consultative services or facilities for training programs.

Category 3

All investments and business positions in any business entity and income, including gifts, loans, and travel payments from any source of the type which within the last two years, has contracted with CalHR as an investment plan included in either the voluntary defined contribution plans and/or mandatory retirement plans.

Category 4

All investments and business positions in any business entity and income, including gifts, loans, and travel payments from any source of the type that provides employment or temporary personnel services.

Category 5

All investments and business positions in any business entity and income, including gifts, loans, and travel payments from any source of the type that provides services, insurance subsidies, or discounts as part of a benefit package for State employees.

Category 6

All income, including gifts, loans, and travel payments from any employee of the State of California who is covered by the provisions of the Ralph C. Dills Act (Act); any excluded employee; any "Employee organization" as defined in Government Code Section 3513, subdivision (a), or subgroup thereof; any supervisory or excluded employee organization as defined in Government Code section 3527.

All investments and business positions in and income, including gifts, loans, and travel payments from any lobbying firm or lobbyist employer that provides services for any employee organization.

Category 7

All investments and business positions in any business entity and income, including gifts, loans, and travel payments from any source of the type that contracts with CalHR to provide telecommunications equipment, computers, computer programming, or any other services or training or equipment related to such things as computers, software, automation, data processing, communication and telecommunication, information technology, and duplication services.

Category 8

All investments and business positions in business entities, and income, including receipt of loans, gifts, and travel payments, from sources, that filed a claim, or have a claim pending, against CalHR during the previous two years.

Cal. Code Regs. Tit. 2, § 599.885

1. New section and Appendix filed 2-26-87; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 1-13-87 (Register 87, No. 10).
2. Amendment of section and Appendix filed 12-5-90; operative 1-4-91. Submitted to OAL for printing only pursuant to Government Code section 11343.8. Approved by Fair Political Practices Commission 10-18-90 (Register 91, No. 5).
3. Amendment of section and Appendix filed 4-4-2003; operative 5-4-2003. Approved by Fair Political Practices Commission 2-3-2003 (Register 2003, No. 14).
4. Amendment of section and Appendix filed 9-20-2018; operative 10-20-2018 pursuant to Cal. Code Regs., tit. 2, section 18750(d). Approved by Fair Political Practices Commission 8-24-2018 and submitted to OAL for filing and printing only pursuant to Government Code section 87311 (Register 2018, No. 38).
5. Amendment of general provisions and Appendix filed 8-30-2023; operative 9-29-2023 pursuant to Cal. Code Regs., tit. 2, section 18750(d). Approved by Fair Political Practices Commission 8-2-2023 and submitted to OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section 18750(d) (Register 2023, No. 35).

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

1. New section and Appendix filed 2-26-87; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 1-13-87 (Register 87, No. 10).
2. Amendment of section and Appendix filed 12-5-90; operative 1-4-91. Submitted to OAL for printing only pursuant to Government Code section 11343.8. Approved by Fair Political Practices Commission 10-18-90 (Register 91, No. 5).
3. Amendment of section and Appendix filed 4-4-2003; operative 5-4-2003. Approved by Fair Political Practices Commission 2-3-2003 (Register 2003, No. 14).
4. Amendment of section and Appendix filed 9-20-2018; operative 10-20-2018 pursuant to Cal. Code Regs., tit. 2, section 18750(d). Approved by Fair Political Practices Commission 8-24-2018 and submitted to OAL for filing and printing only pursuant to Government Code section 87311 (Register 2018, No. 38).
5. Amendment of general provisions and Appendix filed 8-30-2023; operative 9/29/2023 pursuant to Cal. Code Regs., tit. 2, section 18750(d). Approved by Fair Political Practices Commission 8-2-2023 and submitted to OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section 18750(d) (Register 2023, No. 35).