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HomeMy WebLinkAboutItem 2d: Resolution 6750 - Amending Conflict of Interest Code OF A' �L1FOIti,, f C.' , F . 011, 1 1fil jr , i .„..,,... , An �u,l 5. 1fW C i °n,ty Oil" STAFF REPORT Office of the City Attorney Date: December 7, 2010 TO: HONORABLE MAYOR AND CITY COUNCIL n - FROM: STEPHEN P. DEITSCH, CITY ATTORNEY 5 ' "`7'"`'"' `+. PREPARED BY: LISA MUSSENDEN, CHIEF DEPUTY CITY CLERK/ RECORDS MANAGEn% SUBJECT: RESOLUTION NO. 6750 APPROVING 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 biennially to determine if it is accurate or, alternatively, if the code must be amended. The City has created, revised and reclassified various City employee positions. As a result, the City is required to revise the City's list of Designated Employees (Appendix — Exhibit "A ") contained in the City's Conflict of Interest Code in order to cover the revised and reclassified employee positions. The proposed amendment includes new positions that must be designated, revises titles of existing positions, deletes positions that have been abolished, revises disclosure categories and adopts FPPC standard provisions. A copy of the Legislative Version of the Appendix showing the changes being made is also attached. DISCUSSION Section 87306 of the Act requires that conflict of interest codes be amended 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 the requisite level of decision - making as set forth in the Political Reform Act. This Act requires each city to adopt a local conflict of interest code which designates city positions not designated in the Act itself, that are involved in making city decisions. 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. 6750 approving and adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. APPROVED: Donald Penman City Manager Attachment — Resolution No. 6750 RESOLUTION NO. 6750 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 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 2, 2008, 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 7, 2010, 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 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 said amended Conflict of Interest 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. Passed, approved and adopted this day of , 2010. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: geyFk n n 4e,,,,ad, Stephen P. Deitsch City Attorney -2- LAW OFFICES OF BEST BEST & KRIEGER LLP LEGISLATIVE VERSION SH WS CHANGES MAD CONFLICT OF INTEREST CODE FOR THE CITY OF ARCADIA Amended December 7.2010) - '•I' j _ R- •rm A •v. ..- ••• - -.. -• ' - - • local aovernment aaencie to ad • •t and promulgate conflict of interest codes. The Fair •'•1.. i - • • i '•n _ .••. -. r -• ..- • i -• • : • .•• • • .j h- - u • _ _ •. • • fli •f 'n - - ••- i1 1 _ • •• _ -• • r- -r-• - • -• .•- ' •.-. - • _• • • • - • '1. • 11- •- .11 -1•-• • h- F.ir P•I• -I 'r. • - •mmi '•n • •1•111 • - 1•u-1 it 1- •••• ;-f•ru A -r -f. - - - . .I' • 1 ..- • •-• ' •1 :7 • _ • . _ 1- •11- • • • _ .... -. • 1- t '• i' . I ' _ - •nu'_ ion .r- here. in •1 -• • -1 T i -• _ - i•. .n• - _ •-• �•• .: '•1 . •1. • - •1• • ,1• - • .' 1 _ - -•• 1. • _ - - • fl' • 1 = - •.- • 1 - i .f • ..'_ h -„ • „ All officials and designated employees required to submit a statement of •_ 1_ -' a = n w' • h- - - 1_ ' • - . Th- Fil'•• • i - 1,1 u- • - _'n _ •• •f .11 . -u- fil-• • .II Officials subiect to the A t, and forward the originals of such statements to the Fair Political Practices Commission. The Filina 0 icer shall retain the • ri • inals of the _ -• - fil-• • -II • h -r D- '•n. -• •I• -- . T - F'I'n• • j - will 1 _ - .II - _'n -. -u- .v.i .•I- f. • •li 1 •- ien .n• -.r.. _ i.n • ' • r -g business hours. (Gov. Code § 81008.) [All previous provisions deleted.] -1- BBK — December 20082010 24347.00007\5732875.2 LAW OFFICES OF BEST BEST & KRIEGER LLP APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF ARCADIA (Amended December 7, 2010) 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 seg.). [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 investments'. These positions are listed here for informational purposes only. Financial Services Manager Financial Consultant 1 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. Ann. - BBK — December 20082010 24347.00007 \5732875.2 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Accounting Supervisor 64 Administrative Assistant, Sr. (ALL) 65 Administrative Services Director 64 Assistant Engineer (ALL) 2, 3, 76 Assistant Planner 2, 3, 65, 76 Associate Civil Engineer (ALL) 2, 3, 65 Associate Planner 2, 3, 65, 76 Building Official 2, 3, 65, 76 Building Maintenance Crew Supervisor 5 Business License Officer Chief Deputy City Clerk/ Records Manager 65 Chief of Police 65, 76 City Attorney (not filing under Gov. Code §87200) 1, 2 City Clerk 65 Code Services Officer (ALL) 65, 76 Combination Inspector (ALL) 2, 3, 65, 76 Communications and Marketing Specialist (ALL) 65 Communications, Marketing and Special Projects Manager 1, 2 Community Development Administrator 1, 2 App. -2- BBK —December ?008?, 010 24347.00007\5732875.2 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Deputy City Clerk 65 Deputy Director of Development Services /City Engineer 1, 2 Deputy Fire Chief 2, 3, 65, 7-6 Doputy Firo Marshal 65, 76 Deputy Public Works Services Director 1, 2 Assistant pity Manager /Development Services Director 1, 2 Director of Library and Museum Services 65 Director of Recreation and Community Services 2, 3, 65 Economic Development Manager 1, 2 Engineering Assistant (ALL) 3, 7-6 Environmental Services Officer 2, 5, 6 Fire Administrative Specialist 65 Fire Battalion Chief (ALL) 65 Fire Captain 65, 7-6 Fire Chief 2, 3, 65, 76 Fire Inspector 65_, 7-6 Fire Marshal 65, 76 General Services Superintendent 65 Historical Museum Curator 65 Human Resources Administrator 65 Human Resources Analyst (ALL) 65 Ate.. -3- BBK— December 2008 010 24347.00007\5732875.2 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Human Resources Technician 65 Information Systems Manager 65 Library Services Manager (ALL) 65 Maintenance Contract Officer 65 Management Aide 65 Management Analyst (ALL) 65 Police Captain (ALL) 65, 75. Police Communications Coordinator Police Lieutenant (ALL) 65, . Police Records Manager 65 Principal Civil Engineer 1, 2 Principal Librarian (ALL) 65 Public Works Inspector 2, 3, 7 Public Works Services Director 1, 2 Public Works Coordinator 65, Purchasing Officer gq. Recreation Coordinator 65 Recreation Supervisor 65 Revenue Collection Specialist 1, 2 Senior Citizens Program Specialist 5 App. -4- BBK — December 20082010 24347.00007\5732875.2 LAW OFFICES OF BEST BEST & KRIEGER LLP • DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Senior Civil Engineer 2, 3, 65, 76 Senior Planner 2, 3, 65, n Storekeeper /Buyer 65 Streets Superintendent 65 Transportation Services Manager 65 Utilities Superintendent 2, 3, 6 Water Quality /Backflow Inspector 65 6 MEMBERS OF BOARDS, COMMISSIONS AND COMMITTEES Homeowners Assn. Architectural Review Board 1, 2 Library Board of Trustees 2, 3, 65 Consultant 2 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. App. - BBK — December 20082010 24347.00007 \5732875.2 LAW OFFICES OF BEST BEST & 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. Category 1: All investments and business positions-in-b.usiness-entities, 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 --in, 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. don& Category 64: All investments and business positions -in and sources of income, including gifts, loans and travel payments, that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City. Category 65: All investments and business positions --its and sources of income, including gifts, loans and travel payments, that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee's gdepartment, unit or division. Category 76: All investments and business positions --in, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the Designated Employee's Ddepartment unit or division. BBK — December 20082010 24347.00007\5732875.2