HomeMy WebLinkAbout6657RESOLUTION NO. 6657
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 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 5, 2006, incompliance with
the Act; 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 of the 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 of the Code 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 of the Code at a regular meeting of the City Council on December 2, 2008,
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 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 which shall remain on file with the City Clerk together with a
complete copy of the City's Conflict of Interest Code and which shall remain available
to the public for inspection and copying during regular business hours.
SECTION 2. The amended Appendix to the City's Conflict of Interest
Code shall become effective thirty (30) days after the date of its adoption and approval.
SECTION 3. The City Clerk shall certify to the adoption of this
Resolution.
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Passed, approved and adopted this zna day of December , 2008.
~~~~~~
Mayor of the City of Arcadia
ATTEST:
~~
ity Clerk o `the City of Arcadia
APPROVED AS TO FORM:
~~~ ~.
Stephen P. Deitsch
City Attorney
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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. 6657 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 2nd day of December, 2008 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Kovacic, Wuo and Harbicht
NOES: None
ABSENT: None
ity Clerk of the City of Arcadia
4
LAW OFFICES OF
BEST BEST S. KRIEG ER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF ARCADIA
(Amended December 2, 2008)
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 s~ce .). [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
s 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.
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L4W OFFICES OF
BEST BEST S. KRIEG ER LLP
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Accounting Supervisor 5
Administrative Assistant, Sr. (ALL) 6
Administrative Services Director 5
Assistant Engineer (ALL) 2, 3, 7
Assistant Planner 2, 3, 6, 7
Associate Civil Engineer (ALL) 2, 3, 6
Associate Planner 2, 3, 6, 7
Building Official 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
City Clerk 6
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
Community Development Administrator 1, 2
Deputy City Clerk 6
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LAW OFFlOES OF
BE5r BEST & KRIEGER LLP
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Deputy Director of Development Services/City Engineer 1, 2
Deputy Fire Chief 2, 3, 6, 7
Deputy Fire Marshal 6, 7
Deputy Public Works Services Director 1, 2
Development Services Director 1, 2
Director of Library and Museum Services 6
Director of Recreation and Community Services 2, 3, 6
Economic Development Manager 1, 2
Engineering Assistant (ALL) 3, 7
Fire Administrative Specialist 6
Fire Battalion Chief (ALL) 6
Fire Captain 6, 7
Fire Chief 2, 3, 6, 7
Fire Inspector 6, 7
Fire Marshal 6, 7
General Services Superintendent 6
Historical Museum Curator 6
Human Resources Administrator 6
Human Resources Analyst 6
Human Resources Technician 6
Information Systems Manager 6
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LAW OFFICES OF
BEST BEST S KRIEGER LLP
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
Library Services Manager (ALL)
Maintenance Contract Officer
Management Aide
Management Analyst (ALL)
Police Captain (ALL)
Police Lieutenant (ALL)
Police Records Manager
Principal Civil Engineer
Principal Librarian (ALL)
Public Works Inspector
Public Works Services Director
Public Works Coordinator
Purchasing Officer
Recreation Coordinator
Recreation Supervisor
Revenue Collection Specialist
Senior Citizens Supervisor
Senior Civil Engineer
Senior Planner
Storekeeper/Buyer
Streets Superintendent
DISCLOSURE CATEGORIES
ASSIGNED
6
6
6
6
6, 7
6, 7
6
1, 2
6
2, 3, 7
1, 2
6, 7
5
6
6
1, 2
6
2, 3, 6, 7
2,3,6,7
6
6
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LAW OFFICES OF
BEST BEST S KRIEG ER LLP
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
Transportation Manager
Utilities Superintendent
Warehouse Manager
Water Quality/Backflow Inspector
Youth Services Supervisor
DISCLOSURE CATEGORIES
ASSIGNED
6
2,3,7
6
6
6
MEMBERS OF BOARDS,
COMMISSIONS AND COMMITTEES
Homeowners Assn. Architectural Review Board
Library Board of Trustees
1.2
2, 3, 6
Consultant°
° 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.
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L4W OFFICES OF
BEST BEST S 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.
Categorv 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.
Categorv 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.
Categorv 4: All investments and business positions in, and sources of
income from, business entities that are banking, savings and loan, or other financial
institutions.
Categorv 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.
Categorv 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.
Categorv 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.
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