Conflict of Interest Code

PURPOSE

The purpose of this policy is to establish the Conflict of Interest Code for the Sacramento County Employees’ Retirement System (SCERS) as required by the Political Reform Act of 1974, California Government Code Section 81000 et seq.

POLICY

The Fair Political Practices Commission (FPPC) has adopted a regulation that contains the terms of a standard conflict of interest code. The terms of that regulation and any amendments thereto adopted by the FPPC are hereby incorporated by reference and, along with the attached Appendix A – Designated Positions, Appendix B – Disclosure Categories, and Appendix C – Agency Positions that Manage Public Investments for the Purpose of Government Code Section 87200, constitute the SCERS Conflict of Interest Code (Code).

APPLICATION

Designated employees identified in Appendices A and C shall file Statements of Economic Interest (Form 700) with the FPPC and the Sacramento County Clerk of the Board’s office as required by the Code. Appendix C – Agency Positions that Manage Public Investments for the Purpose of Government Code Section 87200 – shall remain posted on SCERS website in a manner that is easily identifiable and accessible.

Responsibility for accurately reporting disclosable interests rests solely with the person(s) required to file pursuant to statute or this Code, not with SCERS.

AUTHORITY

California Government Code Section 81000 et seq.

California Government Code Section 87200

California Government Code Section 87314

California Code of Regulations Title 2, Section 18700.3

California Code of Regulations Title 2, Section 18730

RESPONSIBILITIES

Executive Owner: General Counsel

POLICY HISTORY

APPENDIX A

DESIGNATED POSITIONS

Persons occupying the following positions are designated as persons who must disclose economic interests as specified under categories described in Appendix B.

* The Chief Executive Officer may determine that a particular consultant performs a type or range of duties that would cause the consultant to be subject to comply with the disclosure requirements described in this Code.  Such determination shall be made in the sole discretion of the Chief Executive Officer in writing and include a description of the consultant’s duties upon which the requirement and extent of disclosure is based. The determination is a public record and shall be retained for public inspection in the same manner and location as this Code.

NOTE: The following positions, although not designated under this Code, are required to file Form 700 as “public officials who manage public investments” under Government Code Section 87200:

Retirement Board Members
Chief Executive Officer (Retirement Administrator)
Chief Investment Officer (Chief Investment Officer – Retirement)
Deputy Chief Investment Officer (Asst. Retirement Administrator – Investments)
General Counsel (Retirement General Counsel)

APPENDIX B

DISCLOSURE CATEGORIES¹

CATEGORY 1

Investments in any business, entity, or real estate venture of the type which the Retirement Board is legally authorized to invest, or in any type of entity that provides services or supplies of the type used by SCERS (currently Schedules A-1 and/or A-2 of Form 700)

CATEGORY 2

Interests in Real Property that could be affected by any decision made or participated in by the designated individual (currently Schedules B and/or C of Form 700).  If the designated individual is a trustee or SCERS employee, disclosure is only required on real property located in the County of Sacramento.

CATEGORY 3

Income from any source of the type in which the Retirement Board is legally authorized to invest, or from any person or entity that provides services or supplies of the type used by SCERS (currently Schedules, C, D, E, and/or F of Form 700).

CATEGORY 4

Any Position Held as a director, officer, partner, trustee, or any position of management in any business entity that offers or holds investments of the type in which the Retirement Board is legally authorized to invest, or in any type of entity that provides services or supplies of the type used by SCERS (currently Schedule C of Form 700).

¹ Only investments in and sources of income from business entities, and sources of income which do business in the geographic area of SCERS, or real property interests located in the County of Sacramento need to be reported.

APPENDIX C

Agency Positions that Manage Public Investments for Purposes of Section 87200 of the Government Code

Retirement Board Members
Chief Executive Officer (Retirement Administrator)
Chief Investment Officer (Chief Investment Officer – Retirement)
Deputy Chief Investment Officer (Asst. Retirement Administrator – Investments)
General Counsel (Retirement Counsel)

SCERS Policy No. 027