HomeMy WebLinkAbout7337 RESOLUTION NO. 7337
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 4, 2018, 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, a public meeting was held regarding the proposed amended
Code at a regular meeting of the City Council on October 6, 2020, at which all persons
present were given an opportunity to be heard on the proposed amended Code.
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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 6th day of October, 2020.
Ma •r of the City of Arcadia
ATTEST:
i
City Clerk of -'''' • Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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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. 7337 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 6th day of October, 2020 and that said Resolution was adopted by the
following vote, to wit:
AYES: Beck, Cheng, Verlato, and Tay
NOES: None
ABSENT: Chandler
f
ity Clerk of t'City of Arcadia
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LEGISLATIVE VERSION
(SHOWS CHANGES MADE)
CONFLICT OF INTEREST CODE FOR THE
CITY OF ARCADIA
(Amended December ^, 20l8October 6, 2020)
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").
The Mayor, Members of the City Council and Planning Commission, the
City Manager, the City Attorney and the City Treasurer, shall electronically file their
annual statements of economic interests directly with the Fair Political Practices
Commission. All other officials and designated positions required to submit a statement
of economic interests shall file their statements with the iefAssistant City
Clerk as the City's Filing Officer. -- e - : - • - - - - • - - . . - . - -
Eep -of alt statements filed by all Officials subject to Government Code section 87200,
The Assistant City Clerk shall retain the originals of the statements filed
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by all other designated positions and will make all retained statements available for
public inspection and reproduction during regular business hours. (Gov. Code § 81008.)
All officials and designated positions required to submit a statement of
economic interests shall receive ethics training as required pursuant to Government
Code section 53235 (AB 1234). The City's Filing Officer shall annually provide all filers
with information on training available to meet the requirements of Section 53235, and
maintain required records indicating the dates that filers satisfied the training
requirements and the entity that provided the training. These records shall be retained
for five years after the date of training and are public records subject to disclosure under
the California Public Records Act. (Gov. Code § 53235.2.)
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APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF ARCADIA
(Amended October 6, 2020)
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.
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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 thpDeputy 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
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DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Communications and Marketing Specialist (ALL) 5
Community Development Administrator 1, 2
Assistant/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
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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 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
Senior Planner 2, 3, 5, 6
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DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
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
statements 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.)
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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 in business 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, including
any leasehold, beneficial or ownership interest or option to acquire property.
Category 3: All investments and business positions in business entities,
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 in business entities,
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 in business entities,
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 in business entities,
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)
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