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HomeMy WebLinkAbout09-04-2012 c3 resolution amending the city conflict of interest codeMeeting Date Sept . 4, 201 2 Item Numbe r C3 • FROM : Michael Codron, Assistant City Manage r Prepared By :Sheryll Schroeder, Interim City Cler k SUBJECT :A RESOLUTION AMENDING THE CITY'S CONFLICT OF INTEREST COD E RECOMMENDATIO N Adopt a Resolution amending the City's Conflict of Interest Code . DISCUSSIO N 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 of Economi c Interests (Form 700) with the City Clerk . In addition, the PRA requires that the City 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 in Government Code §87302 . • A list of the designated positions that either make or participate in makin g governmental decisions . Disclosure categories specifying financial interests that designated positions mus t disclose . The City's Conflict of Interest Code was first adopted in 1983 by Resolution No . 5044 and incorporated, by reference, the FPPC's, standard model code . Effective January 1, 2010, the Stat e made minor amendments to its standard model code, FPPC Regulation 18734, which requires an individual hired for a position not yet covered under the City's Conflict-of Interest Code to fil e Form 700 if the individual serves in a position that makes or participates in making governmenta l decisions . Proposed Modifications Staff recently conducted a review of the City's Conflict of Interest Code in accordance with Stat e Regulations . 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 disclosur e categories have been modified to more appropriately reflect the responsibilities of the position . These amendments are reflected in the Appendix A (Attachment 1) and the Resolution with Amending City's Conflict of Interest Code Page 2 Appendix A, amending the City's Conflict of Interest Code (Attachment 2). The Appendix does no t include the Mayor and Council Members, Planning Commissioners, City Manager, City Attorney , or City Finance Director since these officials are required to file Statements of Economic Interest s pursuant to Government Code §87200 . CONCURRENCE S The City Attorney's Office and Department Heads concur with the proposed amendments . FISCAL IMPAC T The recommended action to update the City's Conflict of Interest Code will have no fiscal impact . ALTERNATIVE S The City Council may make additional or other changes to the City's Conflict of Interest Code, o r may choose not to amend the code . The proposed changes are recommended to ensure complianc e with PRA requirements . ATTACHMENT S 1.New Amending Resolution and Exhibit A 2.Old Resolution No . 10218, with Exhibit A C3-2 Attachment .I RESOLUTION NO . (2012 Series ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISP O AMENDING THE CITY'S CONFLICT OF 'INTEREST COD E WHEREAS,the City Council adopted Resolution No . 5044 (1983 Series ) amending the City's Conflict of Interest Code by incorporating by reference the Fai r Political Practices Commission's standard model Conflict of Interest Code (Title 2 , Division 6 of the California Code of Regulations) and updating the list of designate d positions required to file a Statement of Economic Interests an d WHEREAS,the Political Reform Act requires that the City Council review it s Conflict of Interest Code biennially to determine whether amendments are required ; and WHEREAS,Resolution No . 10218 (2010 Series) adopted on September 21 , 2010 amended the City's Conflict of Interest Code by updating the Appendix (List o f Designated Positions and Disclosure Categories — Exhibit A); an d WHEREAS,a review of the Appendix indicates that amendments are necessar y to reflect changes in job titles, positions and classifications ; and further reveals the nee d to add disclosure categories specifying those financial interests that designate d 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 . 10218 (2010 Series) is hereby rescinded . SECTION 2 .The Fair Political Practices Commission's standard model Conflic t of Interest Code (Title 2, Division 6 of the California Code of Regulations), a s reorganized along with the List of Designated Positions and Disclosure Categories i n Exhibit A are adopted as the City of San Luis Obispo's Conflict of Interest Code . Upon motion of , seconded by and on the following vote : AYES : NOES : ABSENT : ABSTAIN : The foregoing resolution was adopted this day of September, 2012 . Mayor Jan Howell Marx C3-3 Attachment 1 ATTEST : Maeve Kennedy Grimes , City Clerk APPROVED AS TO FORM : J . Christine Dietrick J . Christine Dietric k City Attorney • Attachment 1 EXHIBIT A LIST OF DESIGNATED POSITION S AND DISCLOSURE CATEGORIES 1 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 Attorne y City Clerk: City Clerk 1 Community Development : 3 Assistant Chief Building Officia l Assistant Planner(s ) 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 Superviso r Revenue Supervisor Finance Manager 2 Information Technology Manager 2 Telecommunications Supervisor 2 Network Services Supervisor 2 Administrative Analyst 2 C3-5 Attachment 1 EXHIBIT A • Fire Department : Administrative Analyst 2 Fire Marshal 3 Deputy Fire Chief 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 Human Resources Manager 2 Parks & Recreation Department : Administrative Analyst 2 Director of Parks and Recreation 1 Golf Course Supervisor 2 Recreation Manager 2 Recreation Supervisor – Sports 2 Recreation Supervisor - Aquatics 2 Recreation Supervisor - Youth Services 2 Recreation Supervisor - Facilities 2 Recreation Supervisor – Ranger Service 2 Recreation Supervisor – Community Services & Events 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) 1 – 3 3 Facilities Maintenance Supervisor 2 City Traffic Engineer 2 Deputy Public Works Director 3 Director of Public Works 1 Engineer 1 - 3 3 Engineering Inspector 1-4 3 Fleet Maintenance Supervisor 2 Attachment 1 EXHIBIT A Parking Manage r Parks Maintenance Supervisor 2 Permit Technician 3 Principal Transportation Planner 3 Public Works Maintenance Supervisor 2 Senior Civil Engineer 2 Senior Construction Inspector 2 Street Maintenance Supervisor 2 Supervising Administrative Assistant(s)2 Supervising Civil Engineer 3 Transit Manager 2 Utilities Department : Administrative Analyst 2 Deputy Director of Utilities - Wastewater 2 Deputy Director of Utilities — Water 2 Environmental Programs ager 1 Environmental Compliance Inspector 1 Utilities Business Manager 2 Utilities Director 1 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 : Consultants 2 Housing Authority Executive Director 1 Temporary Positions 3 C3-7 Attachment 1 EXHIBIT A DISCLOSURE CATEGORIE S Category Reportable Interests 1 Investments, business positions, income from sources located in or doing business i n the jurisdiction, and interests in real property located in the jurisdiction or i n property located within a two-mile radius of any property owned or used by the City . 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. Investments, business positions, and sources of income of the type that engage i n land development, construction or the acquisition or sale of property and interests i n real property located within the jurisdiction or property located within a two-mile radius of any property owned or used by the City. '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 . 2 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 extent 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 the 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 . C3-8 RESOLUTION NO . 10218 (2010 Series ) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY'S CONFLICT OF INTEREST COD E WHEREAS,the City Council adopted Resolution No . 5044 (1983 Series) amending the City's Conflict of Interest Code by incorporating by reference the Fair Political Practices 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 o f 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 amende d the City's Conflict of Interest Code by updating the Appendix (List of Designated 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 add 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 of 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 Vice Mayor Carter, seconded by Council Member Settle, and on th e following vote : AYES :Council Members Ashbaugh, Marx and Settle,Vice Mayor Carter and Mayor Romero NOES :None ABSENT: None R 1021 8 C3-9 Resolution No . 10218 (2010 Series ) Page 2 The foregoing resolution was adopted this 21 51 day of September 2010. ATTEST : Elaina Can o City Cler k APPROVED AS TO FORM : Mayo rMawr avid F .. RomeroRomero . Christine Dietric k City Attorney t1= 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 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 Housing Programs Manager Plan Examine r Planning Technician Senior Planner(s) Supervising Administrative Assistan t Finance& Information Technology Department : Accounting Supervisor Revenue Supervisor Finance Manager 2 Information Technology Manager 2 Telecommunications Supervisor 2 Network Services Supervisor 2 Administrative Analyst 2 Attachment 2 Fire Department :EXHIBIT A 2Administrative Analyst Fire Marshal 3 l)epL~t ;vl ize Chief 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 2•Human Resources Manage r Parks & Recreation Department : Administrative Analys t 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 Youth Services 2 Recreation Supervisor - Facilities 2 Recreation Supervisor — Ranger Service 2 Recreation Supervisor Events ; Skate l'ark—Special Community Services & Event s 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) 1 — 3 3 Facilities Maintenance Supervisor 2 City Traffic Engineer 2 Construction Engineer Manager 2 Deputy Public Works Director 23 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 C3-12 • Attachment 2 Permit Technician 3 Principal Transportation Planner 23 Public Works Maintenance Supervisor 2 Senior Civil Engineer 2 3 EXHIBIT A Senior Construction Inspector 2 Street Maintenance Supervisor 2 Supervising Administrative Assistant(s)2 Supervising Civil Engineer 23 Transit Manager 2 UtilitiesDepartment : Administrative Analyst 2 Deputy Director of Utilities – Wastewater 2 Deputy Director of Utilities – Water 2 IndustTial-WasteEnvironmental Programs Manager 1 InthstriaPoVasteEnvironmental Compliance Inspector Utilities Business Manager 2 : Utilities Directo r Utilities Conservation Manage r Utilities Projects Manager Wastewater Collection Superviso r Wastewater Treatment Plant Superviso r Water Distribution Superviso r Laboratory Manage r Water Supply Supervisor (Whale Rock) Water Treatment Superviso r Committees/Commissions : Members of the Architectural Review Commissio n Members of the Cultural Heritage Committe e Members of the Housing Authorit y Members of the Promotional Coordinating Committe e OtherPositions : Consultants 2 Housing Authority Executive Director Temporary Positions3 DISCLOSURE CATEGORIE S Category Reportable Interests 3 3 2 Attachment 2 Investments, business positions, income from sources located in or doing business i n the jurisdiction,andinterests in real property located in the jurisdiction or,including in property located within a two-mile radius of any property owned or used by th eCity. 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 . Investments, business positions, and sources of income of the type that engage i n land development, construction or the acquisition or sale of property and :i-Interests in EXHIBIT A real property located within the jurisdiction or,including property located within a two-mile radius of any property owned or used by the City . '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 . 2 Consultants should be included in the list of designated employees and shall disclose pursuant to the broadest 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 the State of California, which opinion shall contain the information specified in the paragraph above . 3Temporary 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 . • C3-14