HomeMy WebLinkAbout6750 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 7th day of December, 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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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 6750 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 7th day of December, 2010 and that said Resolution was adopted by
the following vote, to wit:
AYES: Council Members Chandler, Harbicht, Kovacic, Segal and Amundson
NOES: None
ABSENT: None
City Clerk of the City of Arcadia
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LAW OFFICES OF
BEST BEST & KRIEGER
CONFLICT OF INTEREST CODE FOR THE
CITY OF ARCADIA
(Amended December 7, 2010)
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 of Regs. §
18730) which 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 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 regulation and the attached
Appendix designating officials and employees and establishing disclosure categories,
shall constitute the conflict of interest code of the City of Arcadia (the "City ").
All officials and designated employees required to submit a statement of
economic interests shall file their statements with the City Clerk as the City's Filing
Officer. The Filing Officer shall make and retain a copy of all statements filed by all
Officials subject to the Act, and forward the originals of such statements to the Fair
Political Practices Commission. The Filing Officer shall retain the originals of the
statements filed by all other Designated Employees. The Filing Officer will make all
retained statements available for public inspection and reproduction during regular
business hours. (Gov. Code § 81008.)
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LAW OFFICES OF
BEST BEST & KRIEGER
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 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 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
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES' 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 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
Communications, Marketing and Special Projects Manager 1, 2
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LAW OFFICES OF
BEST BEST & KRIEGER
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
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
Human Resources Technician 5
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LAW OFFICES OF
BEST BEST & KRIEGER
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
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
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LAW OFFICES OF
BEST BEST & KRIEGER
DESIGNATED EMPLOYEES' 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
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
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 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, supplies,
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, supplies,
materials, machinery, vehicles or equipment of a type purchased or leased by the
Designated Employee'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 Employee's department, unit or division.
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