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HomeMy WebLinkAbout09/21/2010, C2 CONFLICT OF INTEREST CODEcounci l AQEnOa i epoi t P/,OMeetingOno Item K,aibt. C .~ C I T Y O F S A N L U I S O B I S P O FROM : Elaina Cano, City Clerk O-Al''> SUBJECT :AMENDMENTS TO THE CITY'S CONFLICT OF INTEREST COD E RECOMMENDATION : Adopt a resolution amending the City's Conflict of Interest Code . DISCUSSION Backgroun d The Political Reform Act (PRA) requires local government agencies to adopt and implement a Conflict of Interest Code, and designate positions that are required to file Statements o f Economic Interests (Form 700) with the City Clerk . In addition, the PRA requires that the Cit y Council review its Conflict of Interest Code biennially and to make amendments, if required . A Conflict of Interest Code must contain the following three basic components : •Language incorporating the Fair Political Practices Commission (FPPC) Regulations (Title 2 , Division 6, California Code of Regulations § 18730), or the basic provisions set forth i n Government Code §87302 . •A list of the designated positions that either make or participate in making governmenta l decisions . •Disclosure categories specifying financial interests that designated positions must disclose . The City's Conflict of Interest Code was first adopted in 1983 by Resolution No . 5044 an d incorporated, by reference, the FPPC's, standard model code (Attachment 1). The State ha s made minor amendments to its standard model code since the City last updated its Conflict o f Interest Code in 2008, including FPPC Regulation 18734, effective January 1, 2010 . This regulation requires an individual hired for a position not yet covered under the City's conflict-of- interest code to file Form 700 if the individual serves in a position that makes or participates i n making governmental decisions . Proposed Modification s Staff recently conducted a review of the City's Conflict of Interest Code in accordance with Stat e law . During this review, it became evident that amendments were warranted . Positions have been added or deleted as a result of reclassifications, titles have changed, or disclosure categorie s have been modified to more appropriately reflect the responsibilities of the position . Council Agenda Report-Conflict of Interest Code Update Page 2 These amendments are reflected in the Legislative Draft of the Appendix (Attachment 1) and th e resolution with Appendix amending the City's Conflict of Interest Code (Attachment 2). The Appendix does not include the Mayor and Council Members, Planning Commissioners, Cit y Manager, City Attorney, or City Finance Director since these officials are required to fil e Statements of Economic Interests pursuant to Government Code §87200 . CONCURRENCE S The City Attorney's Office and Department Heads concur with the proposed amendments . FISCAL IMPACT S None. ATTACHMENTS : 1.Legislative Draft of the Appendi x 2.Resolution and Appendi x COUNCIL READING FIL E Complete Copy of the Fair Political Practice's Commission Model Cod e T :ICouncil Agenda ReportslCity Clerk CAR109-21-10 Agenda Report COI Code ATTACHMENT 1 LEGISLATIVE DRAF T LIST OF DESIGNATED POSITION S AND DISCLOSURE CATEGORIE S POSITION DISCLOSURE CATEGORY Administrative Office : Assistant City Manager 1 Economic Development Manager 3 Natural Resources Manager 3 Principal Administrative Analyst 1 City Attorney : Assistant City Attorney 1 City Clerk : City Clerk Community Development : Assistant Chief Building Official 3 Assistant Planner(s)3 Associate Planner(s)3 Building Inspector(s)3 Building Permit Coordinator 3 Chief Building Official 3 Code Enforcement Officer I/II 3 Community Development Director 3 Contract Planner(s)1 Deputy Community Development Director, Development Review 3 Deputy Community Development Director, Long Range Planning 3 Housing Programs Manager 3 Plan Examiner 2 Planning Technician 3 Senior Planner(s)3 Supervising Administrative Assistant 2 Finance & Information Technology Department : Accounting Supervisor 2 Revenue Supervisor 2 Finance Manager 2 Information Technology Manager 2 Telecommunications Supervisor 2 Network Services Supervisor 2 Administrative Analyst 2 `The Mayor and Council Members, Planning Commissioners, City Manager, City Attorney and Finance & Information Technology Director/City Treasurer are required to file Statements of Economic Interests pursuant to Government Code Section 87200, and are therefore, not included in the List of Designate d Positions required to file pursuant to the City's Conflict of Interest Code . Ca-3 ATTACHMENT I Fire Department : Fire Marshal 3 Battalion Chief(s) 3 Fire Chief 1 Fire Inspector 3 Hazardous Materials Coordinator 3 Human Resources Department : Human Resources Analyst 2 Human Resources Director 1 Risk and Benefits Manager 2 Parks & Recreation Department: Director of Parks and Recreation 1 Golf Course Supervisor 2 Recreation Manager 2 Recreation Supervisor - Sports 2 Recreation Supervisor - Aquatics 2 Recreation Supervisor - Children's Services 2 Recreation Supervisor - Facilities 2 Recreation Supervisor - Ranger Service 2 Recreation Supervisor - Teens, Boomers, Seniors 2 Recreation Supervisor - Special Events, Skate Park 2 Police Department : Administrative Analyst 2 Chief of Police 1 Communications and Records Manager 2 Neighborhood Services Manager 2 Police Captain(s) 2 Police Lieutenant(s) 2 Public Works Department : Administrative Analyst 2 Administrative Services Manager 2 Engineering Technician(s) 1 - 3 3 Facilities Maintenance Supervisor 2 City Traffic Engineer 2 Construction Engineer Manager 2 Deputy Public Works Director 2 Director of Public Works 1 Engineer 1 - 3 3 Field Engineering Assistant 3 Engineering Inspector 1-4 3 Fleet Maintenance Supervisor 2 GIS Supervisor 2 Parking Manager 2 Parks Maintenance Supervisor 2 Permit Technician 3 Principal Transportation Planner 2 ATTACHMENT 1 Public Works In.spcctor(s ) Public Works Maintenance Supervisor 2 Senior Civil Engineer 2 Senior Construction Inspector 2 Stormwater Code Enforcement Officer 3 Stormwater Manager 2 Street Maintenance Supervisor 2 Supervising Administrative Assistant(s) 2 Supervising Civil Engineer 2 Transit Manager 2 Utilities Department : Deputy Director of Utilities - Wastewater 2 Deputy Director of Utilities - Water 2 Industrial Waste Coordinator Manager 1 Industrial Waste Inspector 1 Senior Administrative Analyst 2 Utilities Director 1 Utilities Conservation Coordinator Manager 3 Utilities Engineer 3 Utilities Projects Manager 3 Wastewater Collection Supervisor 2 Wastewater Treatment Plant Supervisor 2 Water Distribution Supervisor 2 Water Quality Laboratory Manager 2 Water Supply Supervisor (Whale Rock) 2 Water Treatment Supervisor 2 Committees/Commissions : Members of the Architectural Review Commission 3 Members of the Cultural Heritage Committee 3 Members of the Housing Authority 3 Members of the Promotional Coordinating Committee 2 Other Positions : Consultants2 1 Housing Authority Executive Director 1 Temporary Positions3 1 ATTACHMENT 1 DISCLOSURE CATEGORIE S Category Reportable Interests 1 Investments, business positions, income from sources located in or doing business i n the jurisdiction, interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City . 2 Investments, business positions, and sources of income of the type which provid e services, supplies, materials, machinery or equipment of the type utilized by th e City. 3 Investments, business positions, and sources of income of the type that engage i n land development, construction or the acquisition or sale of property . Interests in real property located within the jurisdiction, including property located within a two - mile radius of any property owned or used by the City . 2Consultants should be included in the list of designated employees and shall disclose pursuant to the broades t disclosure category in the code subject to the following limitation : The City Manager may determine (upon written application by the consultant) that a particular consultant , although a "designated position," is hired to perform a range of duties that is limited in scope and thus is no t required to fully comply with the disclosure requirements described in this section . Such written determinatio n shall include a description of the consultant's duties and, based upon that description, a statement of the exten t of disclosure requirements . The City Manager's determination is a public record and shall be retained fo r public inspection in the same manner and location as this Conflict of Interest Code . If a consultant believes he or she is exempt from disclosure requirements of law, prior to the application to th e City Manager, the consultant shall obtain opinion to that effect from an admitted attorney to practice in th e State of California, which opinion shall contain the information specified in the paragraph above . 3 Temporary positions may be required to file a Statement of Economic Interests upon determination by the Cit y Attorney that the temporary position is the functional equivalent of a designated position . ATTACHMENT 2 RESOLUTION NO. (2010 Series) A RESOLUTION OF THE COUNCIL OF TH E CITY OF SAN LUIS OBISPO AMENDIN G THE CITY'S CONFLICT OF INTEREST COD E WHEREAS,the City Council adopted Resolution No . 5044 (1983 Series) amending th e City's Conflict of Interest Code by incorporating by reference the Fair Political Practice s Commission's standard model Conflict of Interest Code (Title 2, Division 6 of the Californi a Code of Regulations) and updating the list of designated positions required to file a Statement of Economic Interests ; an d WHEREAS,the Political Reform Act requires that the City Council review its Conflic t of Interest Code biennially to determine whether amendments are required ; and WHEREAS,Resolution No . 10032 (2008 Series) adopted on October 21, 2008 , amended the City's Conflict of Interest Code by updating the Appendix (List of Designate d Positions and Disclosure Categories - Exhibit A); and WHEREAS,a review of the Appendix indicates that amendments are necessary t o reflect changes in job titles, positions and classifications ; and further reveals the need to ad d disclosure categories specifying those financial interests that designated positions must disclose . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s Obispo as follows : SECTION 1 .Resolution No . 10032 (2008 Series) is hereby rescinded. SECTION 2 .The Fair Political Practices Commission's standard model Conflict o f Interest Code (Title 2, Division 6 of the California Code of Regulations), as reorganized, alon g with the List of Designated Positions and Disclosure Categories in Exhibit A are adopted as th e City of San Luis Obispo's Conflict of Interest Code . Upon motion of , seconded by , and on the following vote : AYES : NOES : ABSENT : The foregoing resolution was adopted this day of 2010 . ATTACHMENT 2 Mayor David F . Romero ATTEST : Elaina Cano City Clerk ATTACHMENT 2 EXHIBIT A LIST OF DESIGNATED POSITION S AND DISCLOSURE CATEGORIES ' POSITION DISCLOSURE CATEGOR Y Administrative Office : Assistant City Manager 1 Economic Development Manager 3 Natural Resources Manager 3 Principal Administrative Analyst 1 City Attorney : Assistant City Attorney 1 City Clerk : City Clerk 1 Community Development : Assistant Chief Building Official 3 Assistant Planner(s)3 Associate Planner(s)3 Building Inspector(s)3 Building Permit Coordinator 3 Chief Building Official 3 Code Enforcement Officer HI 3 Community Development Director 3 Contract Planner(s)1 Deputy Community Development Director, Development Review 3 Deputy Community Development Director, Long Range Planning 3 Housing Programs Manager 3 Plan Examiner 2 Planning Technician 3 Senior Planner(s)3 Supervising Administrative Assistant 2 Finance & Information Technology Department : Accounting Supervisor 2 Revenue Supervisor 2 Finance Manager 2 Information Technology Manager 2 Telecommunications Supervisor 2 Network Services Supervisor 2 Administrative Analyst 2 'The Mayor and Council Members, Planning Commissioners, City Manager, City Attorney and Finance & Information Technology Director/City Treasurer are required to file Statements of Economic Interest s pursuant to Government Code Section 87200, and are therefore, not included in the List of Designate d Positions required to file pursuant to . the City's Conflict of Interest Code . ATTACHMENT 2 Fire Department : EXHIBIT A Fire Marshal 3 Battalion Chief(s) 3 Fire Chief 1 Fire Inspector 3 Hazardous Materials Coordinator 3 Human Resources Department : Human Resources Analyst 2 Human Resources Director I Risk and Benefits Manager 2 Parks & Recreation Department : Director of Parks and Recreation 1 Golf Course Supervisor 2 Recreation Manager 2 Recreation Supervisor - Sports 2 Recreation Supervisor - Aquatics 2 Recreation Supervisor - Children's Services 2 Recreation Supervisor - Facilities 2 Recreation Supervisor - Ranger Service 2 Recreation Supervisor - Teens, Boomers, Seniors 2 Recreation Supervisor - Special Events, Skate Park 2 Police Department : Administrative Analyst 2 Chief of Police 1 Communications and Records Manager 2 Neighborhood Services Manager 2 Police Captain(s) 2 Police Lieutenant(s) 2 Public Works Department : Administrative Analyst 2 Engineering Technician(s) I - 3 3 Facilities Maintenance Supervisor 2 City Traffic Engineer 2 Construction Engineer Manager 2 Deputy Public Works Director 2 Director of Public Works 1 Engineer 1 - 3 3 Engineering Inspector 1-4 3 Fleet Maintenance Supervisor 2 Parking Manager 2 Parks Maintenance Supervisor 2 Permit Technician 3 Principal Transportation Planner 2 Public Works Maintenance Supervisor 2 ATTACHMENT 2 Senior Civil Engineer 2 EXHIBIT A Senior Construction Inspector 2 Street Maintenance Supervisor 2 Supervising Administrative Assistant(s)2 Supervising Civil Engineer 2 Transit Manager 2 Utilities Department: Deputy Director of Utilities - Wastewater 2 Deputy Director of Utilities - Water 2 Industrial Waste Manager 1 Industrial Waste Inspector 1 Senior Administrative Analyst 2 Utilities Director I Utilities Conservation Manager 3 Utilities Projects Manager 3 Wastewater Collection Supervisor 2 Wastewater Treatment Plant Supervisor 2 Water Distribution Supervisor 2 Laboratory Manager 2 Water Supply Supervisor (Whale Rock)2 Water Treatment Supervisor 2 Committees/Commissions : Members of the Architectural Review Commission 3 Members of the Cultural Heritage Committee 3 Members of the Housing Authority 3 Members of the Promotional Coordinating Committee 2 Other Positions : Consultants2 1 Housing Authority Executive Director 1 Temporary Positions 3 1 DISCLOSURE CATEGORIE S Category Reportable Interests 1 Investments, business positions, income from sources located in or doing business i n the jurisdiction, interests in real property located in the jurisdiction, includin g property located within a two-mile radius of any property owned or used by the City . 2 Investments, business positions, and sources of income of the type which provid e services, supplies, materials, machinery or equipment of the type utilized by th e City. 3 Investments, business positions, and sources of income of the type that engage i n land development, construction or the acquisition or sale of property . Interests i n ATTACHMENT 2 EXHIBIT A real property located within the jurisdiction, including property located within a two - mile radius of any property owned or used by the City . 'Consultants should be included in the list of designated employees and shall disclose pursuant to the broades t disclosure category in the code subject to the following limitation : The City Manager may determine (upon written application by the consultant) that a particular consultant , although a "designated position," is hired to perform a range of duties that is limited in scope and thus is no t required to fully comply with the disclosure requirements described in this section . Such written determinatio n shall include a description of the consultant's duties and, based upon that description, a statement of the exten t of disclosure requirements . The City Manager's determination is a public record and shall be retained fo r public inspection in the same manner and location as this Conflict of Interest Code . If a consultant believes he or she is exempt from disclosure requirements of law, prior to the application to th e City Manager, the consultant shall obtain opinion to that effect from an admitted attorney to practice in th e State of California, which opinion shall contain the information specified in the paragraph above . 3 Temporary positions may be required to file a Statement of Economic Interests upon determination by the Cit y Attorney that the temporary position is the functional equivalent of a designated position .