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HomeMy WebLinkAbout6453 RESOLUTION NO. 6453 RESOLUTION OF THE CITY COUNcrL OF THE CrTY OF ARCADrA, 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 of the 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 2,2003, 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 ofth~ 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 of the Act may have been violated; and 6453 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 7, 2004, at which an persons present were given an opportunity to be heard on the proposed amended Appendix. NOW, THEREFORE, THE CITY COUNCIL OF THE CrTY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve and adopt the proposed amended Appendix to the City's Conflict ofInterest Code, a copy of which is attached hereto and which shan remain on file with the City Clerk together with the City's Conflict ofInterest Code and which shan remain available for inspection by the public. SECTION 2, The amended Appendix to the City's Conflict of rnterest Code shan become effective thirty (30) days after the date of its adoption. SECTION 3. The City Clerk shan certify to the adoption of this Resolution. 2 6453 Passed, approved and adopted this 7th day of December ,2004. ~Af(~' fM/r7.&~ yor f the CIty of Arcadia ATTEST: ~c M~ S- ity Clerk of the City of Arcadia APPROVED AS TO FORM: ~~~ City Attorney -3- 6453 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CrTY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby ce~ifies that the foregoing Resolution No, 6453 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 ih day of December, 2004 and that said Resolution was adopted by the fo]]owing vote, to wit: AYES: Council Member Chandler, Marsha]], Segal, Wuo and Kovacic NOES: None ABSENT: None ~ Ity Clerk of the City of Arcadia 4 6453 LAW OFFlCES or BEST BEST & KRIEGER LLP LEGISLATIVE VERSION {SHOWS CHANGES MADEl. APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF ARCADIA (Amended December 2, 200J December 7.2004) 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. ~ 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. ~ 18730(b)(3)] OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the positions listed below are Other City Officials who manage public investments3. These positions are listed here for informational purposes only. Financial Services Manager Financial Consultant 4 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 ~ 87200, -20- BBK - November JOOJ2004 RVPUBIDMV\683796.2 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES ASSIGNED DESIGNATED EMPLOYEES' TITLE OR FUNCTION Accounting Supervisor Administrative Assistant, Sr. (ALL) Administrative Services Director /\ssistant City Libr:lrianLibrarv Services Manaaer (ALL) Assistant City Manager/Development Services Director Assistant Director of Recreation and Community Services Assistant Engineer (Public 'Norks)IALL\ !\ssistant !;;R1linoor (Devolopment ii>ervices) .^.ssistant Human Rosol,lrees and Risk Manager Assistant Planner Associate Civil En~lineer (ALL) Associate Planner Building Official Business License Officer Chief Deputy City Clerk! Records Manager Chief of Police City Attorney (not filing under Gov. Code ~87200) City Clerk Code Services Officer -21- RVPUB\DMV\683796.2 5~ +~ e~ +~ 1,2 2,4;-+3.6 2,3,4Z 2, d, 4 7 2, 3,4~, 7 2,3,42 2,3,4~, 7 2, 3,4~, 7 3~,7 +~ 3;-4~, 7 1,2 +~ 3Z BBK - November ~2004 LAW OmCES Of BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED Combination InspHctor (ALL) 2,3,4~, 7 Communications and Marketing Specialist (ALL) +~ Communications, Marketing and Special Projects Manager 1, 2 Community Development Administrator 1, 2 Deputy City Clerk +~ Deputy Fire Chief 2. 3. 4~, 7 Deputy Fire Marshal dR, 7 Director of Library and Museum Services +2, Director of Recreation and Community Services 2, 4;-73. 6 Economic Development Administrator 1, 2 Engineering Assistant,.-Sf,IALU 3,4Z Engineering Services Administrator/City Engineer 2, 3, 4~, 7 Environmental Services Officer +~ Field Services Manager 2, 4;-73..Ji Fire Administrative Specialist +~ Fire Battalion Chief (ALL) +2, Fire Battalion Chief/Fire Marshal d~. 7 Fire Captain d~, 7 Fire Chief 2, 3, 4~, 7 Fire Division Chief +~ Fire Inspector d~, 7 RVPUBIDMV\683796.2 -22- BBK ~ November JOOJ2IJIJ4 LAW OFFlCES OF BEST BEST I). KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED General Services Manager 1,2 General Services Superintendent +~ Historical Museum Curator +R +~ Human Resources Analyst Human Resources and Risk MonogerAdministrator +2, Human Resources Technician +~ Information Systems Manager +8 Legal Coordinator +~ Maintenance Contract Officer +~ Management Aide +~ Management Analyst (ALL) +~ Planning Services Manager 2, 3, 48, 7 Police Captain (ALL) ~2" 7 Police COfRR'lunicotiEilns and Information Systems Spgcialist 7 Police Records Manaaer 6 Principal Librarian +~ Public Works Inspector 2,3, 4Z Public Works Services Director 1, 2, Public Works Technician ~R, 7 Purchasing Officer e~ Recreation Coordinator +R -23- BBK - November JOOJ2004 RVPUBIDMv\683796.2 LAW omcES or BEST BEST 1>. KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION Recreation Supervisor 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/Bacl<f1ow Inspector Youth Services Supervisor RVPUBIDMV\683796.2 -24- DISCLOSURE CATEGORIES ASSIGNED +~ 1,2 +~ 2, 3,4~, 7 2,3,4~, 7 1,2 +g, +~ +~ 2,4,73.7 +~ +~ +~ BBK - November oWOJ2004 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED MEMBERS OF BOARDS. COMMISSIONS AND COMMITTEES Homeowners Assn. Architectural Review Board Library Board of Trustees Parking Plaoe ComA'lission Redevelopment Commission 1,2 2,4,73.6 7 1, 2 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 posilion," is hired to perform a range of duties that are limited in scope and lhus is nol 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 delermination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interesl Code. -25- BBK - November JOOJ2004 RVPUBIDMV\683796.2 L.A,W 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, or real property which the Designated Employee must disclose for each disclosure category to which he or she is assigned. Cateaorv 1 ^,I Business Entities Doina Business in the City: All investments and business positions in business entities, and sources of income, fI:em, businocs entities that are located in. do business in or own real property within jurisdiction of the City, plun to do businoss or own roul property within the jurisdiction of tho City within tho noxt YOur, or hu'lo done business or ownod reul proporty 'Nithin the jurisdiction of the City within the pust w.'o (2) YOurs. Cateaorv 2 Reul Propert,,: All interost 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 &.-7 Reauluted Business: 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, 'IIill be subject to such ::Iuthority within the noxt yeur, or h::l'lo boen cubject to cuch authority within the p::lsttwo (2) yeurs. Cateaorv 4-3 Construction und Reul Estuto: 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, I3lun to enguge in cuch activities within the jurisdiction of the-Gily within the next year, or h::lve engugod in cuch uctivities within tho juricdiction of the City within the past r....o (2) yeurs. Cateaorv &-4 Financial Institutions: All investments and business positions in, and sources of income from, business entities that are banking, savings and loan, or other financial institutions. Cateaorv 6-5 City Suppliers: 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 7--6 Dep::lrtmont Suppliors: 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. -26- BBK - November ~2004 R VPUBIDMV\683 796.2