HomeMy WebLinkAboutItem 1c - Resolution No. 7055 an amended Conflict of Interest CodeGPyIF0R'N
r
/� �lu6ust 5, 1903
-11p� -42 it, of v i j
DATE: December 2, 2014
TO: Honorable Mayor and City Council
STAFF REPORT
Office of the City Attorney
FROM: Stephen P. Deitsch, City Attorney
Prepared by: Lisa Mussenden, Chief Deputy City Clerk /Records Manager
SUBJECT: RESOLUTION NO. 7055 APPOVING AND ADOPTING AN AMENDED
CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL
REFORM ACT OF 1974
Recommended Action: Adopt
SUMMARY
The Political Reform Act of 1974, Government Code Section 81000, et seq., requires
every local agency to review its Conflict of Interest Code ( "Code ") biennially to
determine if it is accurate or, alternatively, if the Code must be amended. As a result of
the biennial review, it is recommended that the City Council adopt Resolution No. 7055
approving and adopting an amended Conflict of Interest Code pursuant to the Political
Reform Act of 1974.
BACKGROUND
Section 87306 of the Act requires that Conflict of Interest Codes be amended biennially
for changed circumstances such as the creation of new positions which must be
designated and relevant changes in the duties assigned to existing positions. The
primary effect of the Code is to establish conflict of interest disclosure and
disqualification requirements for various City positions that make or participate in the
making of decisions on behalf of the City as set forth in the Political Reform Act.
Positions which are identified under the City's Code must file a Statement of Economic
Interests (Form 700). This form is filed with the City Clerk's office on an annual basis
and made available for public inspection.
The City Council last updated the Conflict of Interest Code in December of 2012;
therefore it is time for the biennial review. In addition, since that time, changes have
occurred which necessitate the adoption of amendments to the Code. The proposed
amendments revise disclosure categories and adopt Fair Political Practices
Commission ( "FPPC ") standard provisions. A copy of the City's Conflict of Interest
Adoption of an Amended Conflict of Interest Code
December 2, 2014
Page 2 of 2
Code and Legislative version showing the changes being made are attached to
Resolution No. 7055.
FISCAL IMPACT
There is no fiscal impact as a result of adopting this Resolution.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 7055 approving and
adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of
1974.
Approved_
Dominic Lanza
CI y Manager
Attachment — Resolution No. 7055
Conflict of interest Code (blue line version)
Legislative Version (blue line version)
RESOLUTION NO, 7055
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING AND ADOPTING AN
AMENDED CONFLICT OF INTEREST CODE PURSUANT TO
THE POLITICAL REFORM ACT OF 1974
WHEREAS, 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 7, 2010, in compliance 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 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 Code was provided to each
affected designated employee and was publicly posted for review at the office of the City
Clerk; and
-1-
WHEREAS, a public meeting was held regarding the proposed amended
Code at a regular meeting of the City Council on December 2, 2034, at which all persons
present were given an opportunity to be heard on the proposed amended Code.
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 Conflict of Interest Code, a copy of which is attached hereto and which shall
remain on file with the City Clerk and which shall remain available to the public for
inspection and copying during regular business hours.
SECTION 2. The said amended Conflict of Interest Code shall become
effective immediately upon its adoption and approval.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this day of , 2014.
ATTEST:
City Clerk
APPROVED AS TO FORM:
1`.
Stephen P. Deitsch
City Attorney
-2-
Mayor of the City of Arcadia
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF ARCADIA
(Amended Derern #er7201GDecember 2, 2014)
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 disGiesure re,em&Rts rg{ the Act-.
{must file disclosure statements under Government Code Section 87200 et seq.
[Begs. § 18730(b)(3)j
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City
Officials who manage public investments'. These positions are listed here for
informational purposes only.
Financial Services Manager
Financial Consultant
' Individuals holding one of the above - fisted positions may contact the 1P-C Fair Political
Practices Commission for assistance or written advice regarding their filing obligations if they believe that
their position has been categorized incorrectly. The P—PC Fair Political Practices Commission makes the
final determination whether a position is covered by § 87200.
App. A-1- n„eemr,,,,. 2 n rnOclober 2014
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
f DESIGNATED EM 'POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION
ASSIGNED
Accounting Supervisor
4
Administrative Assistant, Sr. (ALL)
5
Administrative Services Director
4
Assistant City Manager /Development Services Director
1,2
Assistant Director of Recreation and Community Services
2,5
Assistant Engineer (ALL)
2, 3, 6
Assistant Planner
2, 3, 5, 6
Associate Civil Engineer (ALL)
2, 3, 5
Associate Planner
2, 3, 5, 6
Building Maintenance Crew Supervisor
5
Building Official
2, 3, 5, 6
Business License Officer
6
Chief Deputy City Clerk/ Records Manager
5
Chief of Police
5,6
City Attorney (not filing under Gov. Code §87200)
1,2
City Clerk
5
Code Services Officer (ALL)
5,6
Combination Inspector (ALL)
2, 3, 5, 6
Communications and Marketing Specialist (ALL)
5
I App. A -2-
Deeembew 2 October 2014
DESIGNATED €MPLOYE POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Communications, Marketing and Special Projects Manager
1,2
Community Development Administrator
1, 2
Deputy City Clerk
5
Deputy Director of Development Services /City Engineer
1,2
Deputy Fire Chief
2, 3, 5, 6
Deputy Public Works Services Director
1,2
Director of Library and Museum Services
5
Director of Recreation and Community Services
2, 3, 5
Economic Development Manager
1,2
Engineering Assistant (ALL)
3,6
Environmental Services Officer
2, 5, 6
Fire Administrative Specialist
5
Fire Battalion Chief (ALL)
5
Fire Captain
5,6
Fire Chief
2, 3, 5, 6
Fire Inspector
5,6
Fire Marshal
5, 6
General Services Superintendent
5
Historical Museum Curator
5
Human Resources Administrator
5
Human Resources Analyst (ALL)
5
App. A -3- n.,yeig r e, 2 October 201-1
DESIGNATED FE""�T€WPOSITIONS'
DISCLOSURE CATEGORIES
TITLE OR FUNCTION
ASSIGNED
Human Resources Technician
5
Information Systems Manager
5
Library Services Manager (ALL)
5
Maintenance Contract Officer
5
Management Aide
5
Management Analyst (ALL)
5
Police Captain (ALL)
5,6
Police Communications Coordinator
5
Police Lieutenant (ALL)
5,6
Police Records Manager
5
Principal Civil Engineer
1,2
Principal Librarian (ALL)
5
Public Works Coordinator
5,6
Public Works Inspector
2, 3, 6
Public Works Services Director
1,2
Purchasing Officer
4
Recreation Coordinator
5
Recreation Supervisor
5
Revenue Collection Specialist
1,2
Senior Citizens Program Specialist
5
Senior Civil Engineer
2, 3, 5, 6
App. A -4- Peeembe =-20 OOcloher 2014
DESIGNATED €MRLOY €€S'POSITIONS'
TITLE OR FUNCTION
Senior Planner
Storekeeper /Buyer
Streets Superintendent
Transportation Services Manager
Utilities Superintendent
Water Quality /Backflow Inspector
MEMBERS OF BOARDS
COMMISSIONS AND COMMITTEES
Homeowners Assn. Architectural Review Board
Library Board of Trustees
Consultants and New Positions2
DISCLOSURE CATEGORIES
ASSIGNED
2, 3, 5, 6
2, 3,
1,2
2, 3, 5
Consultants shall be included in try@, list of rlesirenated Cmnleyees and shall disrinse nUrs and
#1e- broadest diGslesare sateger=y -in this Code subje„+ to the f@119. ORg lirnotAtiAAAndividuals serving as a
consultant as defined in FPPC Reg 18701 or in a new position created since this Code was last approved
that makes or participates in making decisions must file pursuant to the broadest disclasur_e category in
this Code subject to the following limitation:
The City Manager may deteFrnine in writing that a r d
position," is hirers to perform a range of duties that are Nwited_ in .scope and thus is nn} rere irn ra_ t
GGRAPn'Y _gy �a,� i.i_"_rth the disGlesur°,-- tsr — deSGFibed ',TS Such written determinatie.p shall
nnl rt° a de6Griptinn of fher onsi eltant's duties and, based upon that nnri�tion a statement of thr-n °=e e cte Tt
of disclesu. The remit, ^nom r•Irct°cnq nation is n b4G reG9Fd and �. h 1o11 for
pubNG inspestie the sarn manneL and location as this r -f lnter°st Go The City Manager may
determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a
limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the
disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations
18219 and 18734.) 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. (Gov. Code Sec. 81008.)
App, A -S- Deeembe - 20 Oclober 2014
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of
bus.ne-ss entities, sources of iRg gifts, 19aRS and travel paymeRtS, or real
prepeFty economic interests that the Ddesignated Emcee osition must disclose
for each disclosure category to which he or she is assigned. Such economic interests
are reportable if they are either located in or doin business in the Murisdiction are
planning to do business in the urisdiction or have done business during the previous
two Vears in the " urisdiction of the City.
Category 1: All investments and business positions and sources of
income, including gifts, loans and travel payments, that are located in, do business in or
own real property within the jurisdiction of the City.
Category 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.
Category 3: All investments and business positions and sources of
income, including gifts, loans and travel payments, that are engaged in land
development, construction, or the acquisition or sale of real property within the
jurisdiction of the City.
Category 4: All investments and business positions and sources of
income, including gifts, loans and travel payments, that provide services,
rproducts, materials, machinery, vehicles or equipment of a type purchased or
leased by the City.
Category b: All investments and business positions and sources of
income, including gifts, loans and travel payments, that provide services,
supptiesaLoducts, materials, machinery, vehicles or equipment of a type purchased or
leased by the Ddesignated ' position's department, unit or division.
Category 6: All investments and business positions and sources of
income, including gifts, loans and travel payments, subject to the regulatory, permit, or
licensing authority of the Ddesignated F=MP'Gyee's osition's department, unit or
division.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency's
jurisdiction if the source does not have some connection with or bearing upon the functions of the
position. (Reg. 18730.1)
App. B -1- Deems her- 2 October 2014
LEGISLATIVE VERSION
SHOWS CHANGES MADE
CONFLICT OF INTEREST CODE FOR THE
CITY OF ARCADIA
(Amended DeGe.Tbe r 7, 201Mecember 2, 2014)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and
local government agencies to adopt and promulgate conflict of interest codes. The Fair
Political Practices Commission has adopted a regulation (2 Cal. Code ofRegs. §
18730) wish -that contains the terms of a standard conflict of interest code, which can
be incorporated by reference in an agency's code. After public notice and hearing it
Regulation 1873G may be amended by the Fair Political Practices Commission to
conform to amendments in the Political Reform Act. Therefore, the terms of 2 California
Code of Regulations section 18730 and any amendments to it duly adopted by the Fair
Political Practices Commission are hereby incorporated by reference. This
incorporation page, rRegulation 18730 and the attached Appendix designating o is ol-�
and en;plo ee positions and establishing disclosure categories, shall constitute the
conflict of interest code of the City of Arcadia (the "City ").
All officials and designated eml^pvyee T�OSltlo ns required te submit a
stteMeRt Gf e^^ i-te shall file their statements with the Chief Deputy City
Clerk/Records Manager as the City's Filing Officer. The Chief Deputy
City Clerk/Records Manager shall make and retain a copy of all statements filed by all
Officials subject to the ActGovernment Code section 87200, and forward the originals of
such statements to the Fair Political Practices Commission. The Filing Qffi Chief
Deputy City Clerk/Records Manager shall retain the originals of the statements filed
by all other Odesignated mpleyeespositions ThA Fal -iRg O-f,;oer and will make all
retained statements available for public inspection and reproduction during regular
business hours. (Gov. Code § 81008.)
-1- DeeembeF 201 October 2014