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HomeMy WebLinkAbout6334 RESOLUTION NO. 6334 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 seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Arcadia (the "City"), and requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code") which was amended on December 5, 2000, by Resolution No. 6206, in compliance with Government Code Section 81000 et seq.; 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 substantial 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 6334 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 each designated employee and publicly posted for review at the offices 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 17, 2002, at which all 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 1. The City Council does hereby approve and adopt the proposed amended Appendix to the City's Conflict of Interest Code, a copy of which is attached hereto and shall remain on file with the City Clerk together with the City's Conflict ofInterest Code and available for inspection by the public. SECTION 2. The amended Appendix to the City's Conflict ofInterest Code shall become effective thirty (30) days after the date of its adoption. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. 2 6334 Passed, approved and adopted this 17th day of December, 2002. ATTEST: . of Arcadia APPROVED AS TO FORM: ~r/~ City Attorney 3 6334 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6334 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 17th day of December, 2002 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chang, Kovacic, Segal, Wuo and Marshall NOES: None ABSENT: None 4 6334 APPENDIX , CONFLICT OF INTEREST CODE OF THE CITY OF ARCADIA ,- (Amended December 17,2002) 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 positions listed below are Other City Officials who manage public investmentsI'. These positions are listed here for informational purposes only. Financial Services Manager Financial Consultant '!!. ;t 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 9 87200. December 2002 20 DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED EMPLOYEES' TITLE OR FUNCTION DISCLOSURE CATEGORIES . ASSIGNED Accounting Supervisor Administrative Assistant, Sr. (ALL) Administrative Services Director Assistant City Librarian (ALL) Assistant City Manager/Development Services Director Assistant Director of Recreation and Community Services Assistant Engineer (Public Works) Assistant Engineer (Development Services) Assistant Human Resources and Risk Manager Assistant Planner Associate Civil Engineer (ALL) Associate Planner Building Official Business License Officer Chief of Police City Attorney (not filing under Gov. Code 387200) City Clerk City Librarian December 2002 21 5, 6 7 6 7 1 2h , 2,4,7 2,3,4 2,3,4 7 2,3,4,7 2,3,4 2,3,4,7 2,3,4,7 3, 7 3,4,7 1,2 7 7 DISCLOSURE CATEGORIES ASSIGNED 3 2,3,4,7 7 1,2 DESIGNATED EMPLOYEES' TITLE OR FUNCTION Code Services Officer Combination Inspector (ALL) Communications and Marketing Specialist (ALL) Communications, Marketing and Special Projects Manager Community Development Administrator Deputy City Clerk Deputy Fire Chief Deputy Fire Marshal Director of Recreation and Community Services Economic Development Administrator Engineering Assistant, Sr. Engineering Services Administrator/City Engineer Environmental Services Officer Field Services Manager Fire Administrative Specialist Fire Battalion Chief (ALL) Fire Battalion Chief/Fire Marshal Fire Captain Fire Chief Fire Division Chief Fire Inspector General Services Manager General Services Superintendent Historical Museum Curator Human Resources Analyst December 2002 22 1,2 7 2,3,4,7 3, 7 2,4,7 1,2 3, 4 2,3,4,7 7 2,4,7 7 7 3, 7 3, 7 2,3,4,7 7 3, 7 1,2 7 7 7 DISCLOSURE CATEGORIES ASSIGNED 7 7 7 7 7 7 7 2;3,4,7 3, 7 7 DESIGNATED EMPLOYEES' TITLE OR FUNCTION Human Resources and Risk Manager Human Resources Technician Information Systems Manager Legal Coordinator Maintenance Contract Officer Management Aide Management Analyst (ALL) Planning Services Manager Police Captain (ALL) Police Communications and Information Systems Specialist Principal Librarian Printing Services Specialist Public Works Inspector Public Works Services Director Purchasing Officer 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 Water Quality/Backflow Inspector December 2002 23 7 7 2,3,4 1,2, 6 7 1,2 7 2,3,4,7 2,3,4,7 1,2 7 7 7 7 DESIGNATED EMPLOYEES' TITLE OR FUNCTION Water Superintendent Youth Services Supervisor MEMBERS OF BOARDS, COMMISSIONS AND COMMITTEES Library Board of Trustees Parking Place Commission Redevelopment Commission December 2002 DISCLOSURE CATEGORIES ASSIGNED 7 7 2,4,7 7 1,2 24 DESIGNATED EMPLOYEES' TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED Consultantl 11 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. December 2002 25 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. Cateqorv 1 - All Business Entities Doinq Business in the City: All investments and business positions in, and sources of income from, business entities that do business or own real property within jurisdiction of the City, plan to do business or own real property within the jurisdiction of the City within the next year, or have done business or owned real property within the jurisdiction of the City within the past two (2) years. Cateqorv 2 - Real Property: All interest 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. Cateqorv 3 - Requlated 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, will be subject to such authority within the next year, or have been subject to such authority within the past two . (2) years. Cateqorv 4 - Construction and Real Estate: 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, plan to engage in such activities within the jurisdiction of the City within the next year, or have engaged in such activities within the jurisdiction of the City within the past two (2) years. Cateqorv 5 - 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. Cateqorv 6 - 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. Cateqorv 7 - Department 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 Designated Employee's Department. December 2002 26