Conflict of Interest Code

Conflict of Interest Code and the Statement of Economic Interests / FPPC Form 700

No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. ~ California Government Code § 87100. Public Officials; State and Local.
What is the Form 700?  
The Fair Political Practices Commission (FPPC) of the State of California requires designated individuals to disclose their economic interests within their jurisdiction by filing a Statement of Economic Interests (SEI), also known as the Form 700.  The Form 700 is used to determine what, if any, conflicts of interest the filer may have.  Once filed, the form becomes a public document.  

Who must file Form 700?  
State law (CA Gov. Code 87200 et seq.) requires the Form 700 be filed by the City of Monterey's Mayor, City Council, City Manager, City Attorney, Finance Director, and candidates for any of these offices at any election.  The City of Monterey's Conflict of Interest Code, as adopted by City Council most recently via Resolution 20-140 C.S. (PDF), defines and designates additional individuals required to file the Form 700.  All elected officials, candidates for political office, boardmembers, commissioners, committee members, designated staff members, and certain consultants serving the City must file the form.  Copies of the statements of economic interests filed by elected officers and candidates for elected office may be obtained by visiting the FPPC website (where these documents are accessible digitally on demand), or in the office of the City Clerk (by appointment only, call 831-646-3935 or email cityclerk@monterey.org) at 580 Pacific St., Monterey, CA 93940.  

For more on the filing requirement for consultants, please read "Why do Consultants Need to File Form 700?"
 
How do I file Form 700?  
Filers are encouraged to file the Form 700 electronically using the City's e-filing vendor, NetFile. Log in at https://netfile.com/filer.

  • If you are new to NetFile, please click the "New User? Request a Password" link to create your account.
  • You will need to use the email address at which you received the notification email.
  • If you have an existing NetFile account with a different agency and would like to link your accounts, or otherwise need assistance, please call the City Clerk's office at (831) 646-3935 or email cityclerk@monterey.org.
If you prefer to file a paper form, the form and instructions are available at the FPPC's Form 700 page. "Wet" (original) signatures are required on paper forms. Please mail or hand-deliver to the City Clerk's Office at 580 Pacific St., Monterey, CA 93940.  If hand-delivering, please use the secure drop-box located directly outside the Council Chamber.

Instructions are included for each page of both the NetFile electronic form and the FPPC PDF.

What must be disclosed?
On the various schedules, designated filers must report all economic interests within the jurisdiction of the City of Monterey at the level required for the individual's disclosure category. The Conflict of Interest Code, Exhibit A, lists positions and designates the disclosure category for each.

When is the Form 700 due?
The FPPC deadline for filing annual forms is April 1 in most years, but if it is adjusted due to falling on a weekend, will be communicated by the filing officer in routine communications. Assuming and leaving office forms must be filed within 30 days of assuming or leaving office.

How can I get help?
The FPPC's Form 700 page has instructions, blank forms, a Form 700 Reference Pamphlet, fact sheets, etc.
  • The FPPC gives specific guidelines about reporting Gifts, Honoraria, Travel, or Loans.  There is also a new app offered by the FPPC that will track gifts received throughout the year.
  • The City Clerk's Office can assist with basic questions but cannot give legal advice, so if you have further questions about the form or filing requirements, please contact your legal counsel or take advantage of the FPPC's free advice, available by email anytime at advice@fppc.ca.gov or by telephone (toll-free) at 1-866-ASK-FPPC (1-866-275-3772), Mondays through Thursdays from 9:00am - 11:30am.
Why do consultants need to file the Form 700?
The City of Monterey's Conflict of Interest Code, as adopted by City Council most recently via Resolution 20-140 C.S. (PDF), defines and designates the individuals required to file the Form 700.   Consultants are categorized as Disclosure Category 1, as outlined in Exhibit A of the Conflict of Interest Code:  "An appointed board, committee, or commission member, or a designated City employee or consultant in this category must report all investments, business positions, interests in real property, and sources of income, including gifts, loans, and travel payments from third parties (not the City) within the City of Monterey's jurisdiction."  Many consultant contracts with the City explicitly require filing the Form 700.