HomeMy WebLinkAboutItem 2d: Resolution 6750 - Amending Conflict of Interest Code OF A'
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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
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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:
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Stephen P. Deitsch
City Attorney
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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)
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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 _
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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.]
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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.
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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
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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
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LAW OFFICES OF
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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
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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.
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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.
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