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HomeMy WebLinkAbout6543 RESOLUTION NO. 6543 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED APPENDIX TO THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, the Legislature of the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et sea. (the "Act"), which contains provisions relating to conflicts of interest governing officers, employees and consultants ofthe City of Arcadia (the "City"), and which requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council has adopted a Conflict of Interest Code (the "Code") which was most recently amended on December 7,2004, in compliance with Government Code Section 81000, et sea.; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Appendix to the City's Code; and WHEREAS, the potential penalties for violation of the provisions of the Act are significant and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions ofthe Act may have been violated; and WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Appendix was provided to each affected designated employee and was publicly posted for review at the office of the City Clerk; and WHEREAS, a public meeting was held regarding the proposed amended Appendix at a regular meeting of the City Council on December 5,2006, at which all persons present were given an opportunity to be heard on the proposed amended Appendix. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve and adopt the proposed amended Appendix to the City's Conflict oflnterest Code, a copy of which is attached hereto and which shall remain on file with the City Clerk together with the City's Conflict ofInterest Code and which shall remain available for inspection by the public. SECTION 2. The said amended Appendix to the City's Conflict ofInterest Code shaIl become effective thirty (30) days after the date of its adoptioI). and approval. 2 6543 , , SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 5th day of December ,2006. ATTEST: ity Clerk of the City of Arcadia APPROVED AS TO FORM: 4~~ City Attorney -3- 6543 ~ . y STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6543 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 5th day of December, 2006 and that said Resolution was adopted by the following vote, to wit: A YES: Council Member Amundson, Harbicht, Segal, Wuo and Chandler NOES: None ABSENT: None ~=-M =-- ity Clerk of the City of Arcadia 4 6543 - . LA.W OFFICES OF BEST BEST 1> KRIEGER LLP APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF ARCADIA (Amended December 5, 2006) EXHIBIT "A" The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal, Code of Regs. 9 18701(b), are NOT subject to the City's Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et sea.). [Regs. 9 18730(b)(3)] OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the Officials who manage public investments3. informational purposes only. Financial Services Manager Financial Consultant positions listed below are Other City These positions are listed here for 3 Individuals 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 S 87200. -20- BBK - October 2006 RVPUBIOV ALDEZ1722228.3 6543 ".- Y WI - . ~ - , - , LAW OFFICES OF BEST BEST l5. KRIEGER LLP DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED EMPLOYEES' TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED Accounting Supervisor 5 Administrative Assistant, Sr. (ALL) 6 Administrative Services Director 5 Assistant City ManagerlDevelopment Services Director 1,2 Assistant Director of Recreation and Community Services 2,3,6 Assistant Engineer(ALL) 2, 3, 7 Assistant Planner 2, 3, 6, 7 Associate Civil Engineer (ALL) 2,3,6 Associate Planner Building Official 2, 3, 6, 7 2, 3, 6, 7 Business License Officer 6,7 Chief Deputy City Clerk! Records Manager 6 Chief of Police 6,7 City Attorney (not filing under Gov. Code ~87200) 1,2 6 City Clerk Code Services Officer (ALL) 6,7 Combination Inspector (ALL) 2, 3, 6, 7 Communications and Marketing Specialist (ALL) 6 Communications, Marketing and Special Projects Manager 1,2 -21- BBK - October 2006 R VPUB\DV ALDFZ\722228.3 6543 LAW omcES or BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED Community Development Administrator 1,2 Deputy City Clerk 6 Deputy Fire Chief 2,3,6,7 Deputy Fire Marshal Deputy Public Works Services Director 6,7 Director of Library and Museum Services 1,2 6 Director of Recreation and Community Services 2,3,6 Economic Development Administrator 1, 2 Economic Development Manager 1,2 Engineering Assistant (ALL) 3,7 Engineering Services Administrator/City Engineer 2,3,6,7 Environmental Services Officer 6 Field Services Manager 2,3,6 Fire Administrative Specialist 6 Fire Battalion Chief (ALL) 6 Fire Captain 6, 7 Fire Chief 2,3,6,7 6 Fire Division Chief Fire Inspector 6, 7 6, 7 6 Fire Marshal General Services Superintendent -22- BBK - October 2006 R VPUBIDV ALDEZ\722228.J 6543 . . . . LAW OFFlCES OF BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION Historical Museum Curator Human Resources Administrator Human Resources Analyst Human Resources Technician Information Systems Manager Legal Coordinator Library Services Manager (ALL) Maintenance Contract Officer Management Aide Management Analyst (ALL) Planning Services Manager Police Captain (ALL) Police Records Manager Principal Civil Engineer Principal Librarian Public Works Inspector Public Works Services Director Public Works Technician Purchasing Officer Recreation Coordinator Recreation Supervisor RVPUB\DV ALDEZ\122228.3 . - '. DISCLOSURE CATEGORIES ASSIGNED 6 6 6 6 6 6. 6 6 6 6 2, 3,6, 7 6, 7 6 1,2 6 2, 3, 7 1,2 6, 7 5 6 6 -23- BBK - October 2006 6543 . LAW OFFlCES OF BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION Revenue Collection Specialist Senior Citizens Supervisor Senior Civil Engineer Senior Planner Special Assistant to the City Manager Storekeeper/Buyer Streets Superintendent Transportation Services Officer Utilities Superintendent Warehouse Manager Water Quality/Backflow Inspector Youth Services Supervisor R VPUBIDV ALDEZI722228.3 . -24- DISCLOSURE CATEGORIES ASSIGNED 1,2 6 2,3,6,7 2, 3, 6, 7 1,2 6 6 6 2, 3, 7 6 6 6 BBK - October 2006 6543 LAW OFFlCES OF ElEST BEST 1;. KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED MEMBERS OF BOARDS. COMMISSIONS AND COMMITTEES Homeowners Assn. Architectural Review Board 1,2 Library Board of Trustees 2, 3, 6 Consultant4 4 Consultants shall be included in the list of Designated Employees and shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described 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. The City Manager'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. -25- BBK - October 2006 RVPUB\DV ALDFZ\722228,3 6543 LAW omCES OF BEST BEST &. KRIEGER LLP EXHIBIT "B" DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of investments, business entities, sources of income, including gifts, loans and travel payments, or real property which the Designated Employee must disclose for each disclosure category to which he or she is assigned. Cateaorv 1: All investments and business positions in business entities, and sources of income, that are located in, do business in or own real property within the jurisdiction of the City. Cateaorv 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, Cateaorv 3: All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City, Cateaorv 4: All investments and business positions in, and sources of income from, business entities that are banking, savings and loan, or other financial institutions. Cateaorv 5: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City. Cateaorv 6: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee's Department. Cateaorv 7: All investments and business positions in, and sources of income from, business entities subject to the regulatory, permit, or licensing authority of the Designated Employee's Department. -26- BBK - October 2006 R VPUB\DV ALDEZ\722228.3 6543