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HomeMy WebLinkAbout10/04/1994, C-7 - REVISED CONFLICT OF INTEREST CODE '„ MEETING DI►7E:10/4/941 rim City 0� CJ� ` �� OB1S� "A- COUNCIL AGENDA REPORT RBN NUMBER: FROM: Diane R. Gladwell, City Clerk PREPARED BY: Kim Condon, Assistant City Clerk SUBJECT: Revised Conflict of Interest Code RECOMMENDATION: Adopt resolution updating list of designated employees and advisory body members required to file Conflict of Interest Statements and rescinding Resolution No. 8020 (1992 Series). BACKGROUND: On June 16, 1992, the City Council last considered and adopted an updated list of designated employees and advisory body members required to file Conflict of Interest Statements. Government Code Section 81000, et seq_ requires state and local government agencies to adopt and maintain a Conflict of Interest Code. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations, S18730, which contains the terms of a standard conflict of interest code. Generally, it must identify and require certain positions to disclose specified information regarding investments,interests and income. The Political Reform Act of 1974 directed that a Conflict of Interest Code identify all positions that take or authorize any official action on behalf of their agencies. This includes an official's participation by way of advising or making recommendations to a decision-maker, whether or not the decision-maker follows the official's advice. Conflict of Interest statements are public records and are kept on file in the City Clerk's Office. The code has been amended to reflect all changes in positions since the last code update, including those changes in the Community Development Department and Public Works Department. The City Council, City Administrative Officer, City Attorney, City Finance Director and the Planning Commission are required by State law to file Form 721 with the Secretary of State, and a copy with the City Clerk. CONCURRENCES: The City Administrative Officer and City Attorney have received the amended Conflict of I Interest Code and concur with the recommendation. 1 FISCAL IMPACT: None. Attachments: 1994 Resolution e 7A Resolution No. (1994 Serie.., A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING THE LIST OF CITY EMPLOYEES AND COMMISSION MEMBERS REQUIRED TO FILE A CONFLICT OF INTEREST STATEMENT AND RESCINDING RESOLUTION NO. 8020 (1992 SERIES) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Designated city employees and commission members listed on the attached Exhibit "A" shall be required to file a Conflict of Interest Statement (Form 730) with the City Clerk SECTION 2. The terms of 2 California Code of Regulations, $18730, are hereby incorporated by reference and, along with the attached Exhibit "A", constitute the conflict of interest code of the City of San Luis Obispo. SECTION 3. Resolution No. 8020 is rescinded upon adoption of this resolution. On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 1994. MAYOR PEG PINARD ATTEST: CITY CLERK DIANE R. GLADWELL Approved: City Atto ey DEPARTMENT POSITION TITLE EXHIBIT "A" Administrative Office: LEGISLATIVE DRAFT Assistant City Administrative Officer is l „...„„„:...a�.'.a::a>axa. Executive Secretary Cily Attorney Assistant City Attorney City Clerk's Office: City Clerk Assistant City Clerk Community Development Dept.: Community Development Director SenierFwmerr. Current Planning Manager ben Range Nome Associate Planner(s) Chief Building Official Pan Gheek Engineer Building Inspector(s) Administrative Analyst `._.. Permit Coordinator Zoning Finance Dgpartment: Revenue Manager Accounting Manager Accounting Supervisor Customer Services Supervisor Information Systems Coordinator Fire De ent: Fire Chief Battalion Chief(s) Battalion Chief (Fire Marshall) Fire ».yam �:n re Protection weer. .A :'; .'est Fire Plan Check Inspector C-7-� Fire Insp. _.)r Personnel D-Qartment: Personnel Director Personnel Analyst(s) Executive Secretary Police Department Chief of Police Police Captain(s) Police Lieutenant(s) Support Services Manager Public Works Department: Director of Public Works Administrative Analyst WejeetsMamger- Street Manager Streets Supervisor Parking Manager Parks Supervisor (s) Public Works Inspector City Engineer Field Engineering Assistant Supervising Civil Engineer G&A Ee&eef Engineering Assistant (s) Engineering Technician (s) Supervising Mechanic Arborist Golf Course Supervisor Building Maintenance Supervisor ; e tat c` Transportation Planner Recreation Department: Director of Recreation '.:♦h...i:iv.:v'^'. i WIC:n...:w.}}:v'nl(:..v.:2.:.: ..}v.3'1.i4}•np::{. ...xvx:.v.v. W:.yi}:v":v.K.%•i: 'ryn::i::}::v:. Utilities Department: Utilities Director Administrative Analyst Utilities Engineer Water Supply Supervisor (Whale Rock) Water `"a31tt Supervisor Wastewater Treatment Plant Supervisor Industrial Waste Coordinator Water Division Manager Wastewater Division Manager Water Distribution Supervisor Wastewater Collection Supervisor Water Conservation Coordinator Reclamation Coordinator (Contract) CommitteeslCommissions: Architectural Review Commissioners Housing Authority Commissioners. Housing Authority Executive Director BIA Administrator NOTE: Temporary positions may be required to file a Conflict of Interest Statement upon determination by the City Attorney that the temporary position is the function equivalent of a designated position. 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 Administrative Officer 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 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 Administrative Officer'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. If a consultant believes he or she is exempt from disclosure requirements of law, prior to the application to the City Administrative Officer,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. DEPARTMENT POSITION T= EXHIBIT "A" Administrative Office: Assistant City Administrative Officer Assistant to the City Administrative Officer Executive Secretary City Attorney Assistant City Attorney f. y_Clerk's Office: City Clerk Assistant City Clerk Communily Development Dept.: Community Development Director Current Planning Manager Long Range Planning Manager Associate Planner(s) Chief Building Official Building Inspector(s) Administrative Analyst Building Permit Coordinator Zoning Investigator Finance Department: Revenue Manager Accounting Manager Accounting Supervisor Customer Services Supervisor Information Systems Coordinator Fire Doartment: Fire Chief Battalion Chief(s) Battalion Chief (Fire Marshall) Fire Protection Specialist Fire Plan Check Inspector Fire Inspector Personnel Department.. Personnel Director Personnel Analyst(s) Executive Secretary Police Dent: Chief of Police Police Captain(s) Police Lieutenant(s) Support Services Manager Public Works Department: Director of Public Works Administrative Analyst Street Manager Streets Supervisor Parking Manager Parks Supervisor (s) Public Works Inspector City Engineer Field Engineering Assistant Supervising Civil Engineer Engineering Assistant (s) Engineering Technician (s) Supervising Mechanic Arborist Golf Course Supervisor Building Maintenance Supervisor Transit Manager Principal Transportation Planner Recreation Department: Director of Recreation Principal Recreation Supervisor Recreation Supervisor Utilities Department: Utilities Director Administrative Analyst Utilities Engineer Water Supply Supervisor (Whale Rock) Water Maintenance Supervisor Wastewater Treatment Plant Supervisor Industrial Waste Coordinator Water Division Manager C-7�8 Wastew4wr Division Manager Water Distribution Supervisor Wastewater Collection Supervisor Water Conservation Coordinator Reclamation Coordinator (Contract) Solid Waste Coordinator.(Contract)' Committees/Commissions: Architectural Review Commissioners Housing Authority Commissioners Housing Authority Executive Director BIA Administrator NOTE: Temporary positions may be required to file a Conflict of Interest Statement upon determination by the City Attorney that the temporary position is the function equivalent of a designated position. 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 Administrative Officer 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 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 Administrative Officer'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. If a consultant believes he or she is exempt from disclosure requirements of law, prior to the application to the City Administrative Officer, 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. City Councilmembers, Planning Commissioners, City Administrative Officer, City Attorney and City Finance Director are required to file Form 721 with the Secretary of State and are, therefore, not shown as designated positions by the City. E MEETI►l"" AGENDA DATE ITEM # C" CITY CLERK MEMORANDUM October 4, 1994 TO: City Council FROM: Kim Condon, Assistant City Cler VIA: Diane Gladwell, City Clerk A SUBJECT: CONSENT ITEM C-7 - OCTOBER 4. 1994 COUNCIL MEETING Please note the attached minor changes to Exhibit "A" to the Conflict of Interest resolution: • Under Community Development: Zoning Investigations Coordinator, not Zoning Investigator (C-7-7). • The Golf Course Supervisor should be listed under the Recreation Department, not Public Works (C-7-8). :klc OUNCIL CjD'R 13 CAO ❑ FICAO ❑ FI�(4A' EY O P.CLERKIORIG ❑ PO€� ❑ MGVT TEAL' ❑ RE,q ❑ C READ FILE 0 LIM❑ PE f 4 DEPARTMENT POSITION TITLE EXHIBIT "A" Administrative Office: Assistant City Administrative Officer Assistant to the City Administrative Officer Executive Secretary City Attorney: Assistant City Attorney City Clerk's Office: City Clerk Assistant City Clerk Community Development Dent.: Community Development Director Current Planning Manager Long Range Planning Manager Associate Planner(s) Chief Building Official Building Inspector(s) Administrative Analyst Building Permit Coordinator Zoning Investigations Coordinator Finance Department: Revenue Manager Accounting Manager Accounting Supervisor Customer Services Supervisor Information Systems Coordinator Fire Department: Fire Chief Battalion Chief(s) Battalion Chief (Fire Marshall) Fire Protection Specialist Fire Plan Check Inspector Fire Inspector CT• 1 Personnel Department: Personnel Director Personnel Analyst(s) Executive Secretary Police Department: Chief of Police Police Captain(s) Police Lieutenant(s) Support Services Manager Public Works Department: Director of Public Works Administrative Analyst Street Manager Streets Supervisor Parking Manager Parks Supervisor (s) Public Works Inspector City Engineer Field Engineering Assistant Supervising Civil Engineer Engineering Assistant (s) Engineering Technician (s) Supervising Mechanic Arborist Building Maintenance Supervisor Transit Manager Principal Transportation Planner Recreation Department Director of Recreation Principal Recreation Supervisor Recreation Supervisor Golf Course Supervisor Utilities Department: Utilities Director Administrative Analyst Utilities Engineer Water Supply Supervisor (Whale Rock) Water Maintenance Supervisor Wastewater Treatment Plant Supervisor Industrial Waste Coordinator Water Division Manager Wastewater Division Manager e•7•Q