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Home My WebLink About7237 RESOLUTION NO. 7237 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 amended on December 6, 2016, 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 4, 2018, 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 4th day of December 2018. Mayor of the City : Arcadia ATTEST: " Clerk APPROVED AS TO FORM: Rt-ph,t,‘ Stephen P. Deitsch City Attorney -2- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7237 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 4th day of December, 2018 and that said Resolution was adopted by the following vote, to wit: AYES: Amundson, Beck, Chandler, Verlato, and Tay NOES: None ABSENT: None y Clerk o City of Arcadia -3- LAW OFFICES OF BEST BEST & KRIEGER LLP CONFLICT OF INTEREST CODE FOR THE CITY OF ARCADIA (Amended December 64, 262018) 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 Regs. § 18730) 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 Regulation 18730 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, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Arcadia (the "City"). All officials and designated positions shall file their statements with the Deputy Chief City Clerk as the City's Filing Officer. The Deputy Chief City Clerk shall make and retain a copy of all statements filed by all Officials subject to Government Code section 87200, and forward the originals of such statements to the Fair Political Practices Commission. The Deputy Chief City Clerk shall retain the originals of the statements filed by all other designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) -1- BBK— October 2016 24347.00007\31581721.2 LAW OFFICES OF BEST BEST & KRIEGER LLP APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF ARCADIA (Amended December 64, 20442018) PART "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. § 18700.3(b), are NOT subject to the City's Code but must file disclosure statements under Government Code Section 87200 et seq. [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 Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by §87200. App. A-1- BBK— October 2016 24347.00007\31581721.2 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED 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 Assistant to the City Manager 5 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 App. A-2- BBK—October 2016 24347.00007\31581721.2 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Communications and Marketing Specialist (ALL) 5 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- BBK—October 2016 24347.00007\31581721.2 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS' 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- BBK—October 2016 24347.00007\31581721.2 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Senior Planner 2, 3, 5, 6 Storekeeper/Buyer 5 Streets Superintendent 5 Transportation Services Manager 5 Utilities Superintendent 2, 3, 6 Water Quality/Backflow Inspector 5 MEMBERS OF BOARDS, COMMISSIONS AND COMMITTEES Homeowners Assn. Architectural Review Board 1, 2 Library Board of Trustees 2, 3, 5 Consultants and New Positions2 2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) 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 disclosure category in this Code subject to the following limitation: 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-5- BBK— October 2016 24347.00007\31581721.2 LAW OFFICES OF BEST BEST & KRIEGER LLP PART "B" DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.3 "Investment" means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction 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, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City. Category 5: All investments and business positions and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated 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 designated position'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- BBK— October 2016 24347.00007\31581721.2