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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