HomeMy WebLinkAbout11/16/2004, C2 - BIENNIAL REVIEW AND AMENDMENT OF THE CITY'S CONFLICT OF INTEREST CODE 2004 council MSD. 1,
j acEnaa Report
CITY OF SAN LUI ,S� �OBISPO
FROM: Audrey Hooper, City Clerk( '
SUBJECT: BIENNIAL REVIEW AND AMENDMENT OF THE CITY'S CONFLICT OF
INTEREST CODE 2004
CAO RECOMMENDATION
Adopt a resolution amending the City's Conflict of Interest Code.
DISCUSSION
The Political Reform Act (PRA) requires state and local government agencies to adopt and
promulgate a Conflict of Interest Code and designate positions that are required to file
Statements of Economic Interests with the City Clerk. In addition, the PRA requires that the City
Council review its conflict of interest code biennially to determine if it is accurate or must be
amended. A Conflict of Interest Code must contain the following three basic components:
1. Language incorporating the Fair Political Practices Commission (FPPC) Regulations; or the
basic provisions required in Government Code § 87302.
2. A list of the designated positions that make and/or participate in making governmental
decisions.
3. Disclosure categories specifying financial interests that designated positions must disclose.
Resolution No. 5044 was adopted in 1983 incorporating by reference the FPPC's standard model
code. Conflict of interest regulations are found in Chapter 7 of Title 2, Division 6 of the
California Code of Regulations. The current FPPC standard model code is available for review in
the Council Office.
The City's Conflict of Interest Code has been updated regularly, primarily to reflect changes in
job titles, positions and classifications. In .addition, certain advisory bodies are on the list of
designated positions. Recently staff conducted a review of the Code, as required by State law,
and determined that revisions are needed to make the Code consistent with current job titles,
positions and classifications.
Note: The list of designated positions does not include the Mayor and Council
Members, Planning Commissioners, City Administrative Officer, City Attorney
and City Finance Director. These officials are required to file statements of
economic interests pursuant to Government Code § 87200, and are therefore not
included in the List of Designated Positions required to file pursuant to the City's
Conflict of Interest Code.
ATTACHMENTS
Resolution and Appendix
FPPC Model Code is available for review in the Council Office
RESOLUTION NO. (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AMENDING
THE CITY'S CONFLICT OF INTEREST CODE
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 California
Code of Regulations) and updating the list of designated positions required to file a Statement of
Economic Interests; and
WHEREAS, the Political Reform Act requires that the City Council review its Conflict
of Interest Code biennially to determine if it is accurate or must be amended; and
WHEREAS,Resolution No. 9393 (2002 Series) adopted on December 3, 2002, amended
the Code by updating the Appendix (List of Designated Positions);and
WHEREAS, a review of the Appendix indicates that amendments are necessary to 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 Luis
Obispo as follows:
SECTION 1. Resolution No. 9393 (2002 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, along
with the List of Designated Positions and Disclosure Categories in the Appendix constitute the
City of San Luis Obispo's Conflict of Interest Code.
Upon motion by seconded by and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 16`h day of November 2004.
c� -a
Resolution No. (2004 Series)
Page 2
Mayor David F. Romero
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
Jonaha well, City Attorney
�J l
Resolution No. (2004 Series)
Page 3
APPENDIX
AMENDED LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES'
POSITION DISCLOSURE CATEGORY
Administrative Office:
Assistant City Administrative Officer 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:
Associate Planner(s) 3
Building Inspector(s) 3
Building Permit Coordinator 3
Chief Building Official 3
Code Enforcement Coordinator 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 1
Plan Examiner 2
Planning Technician 3
Senior Planner(s) 2
Finance&Information Finance&Information Technology Department:
Accounting Supervisor 2
Customer Services Supervisor 2
Finance Manager 2
Information Technology Manager 2
Telecommunications Supervisor 2
'The Mayor and Council Members, Planning Commissioners, City Administrative Officer, City Attorney
and City Finance Director are required to file Statements of Economic Interests pursuant to Government
Code Section 87200, and are therefore, not included in the List of Designated Positions required to file
pursuant to the City's Conflict of Interest Code. n Q e 1 (,
Resolution No. (2004 Series)
Page 4
Appendix,page 2
POSITION DISCLOSURE CATEGORY
Fire Department:
Battalion Chief(Fire Marshall) 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 Manager 2
Police Department:
Administrative Analyst 2
Administrative Assistant 2
Chief of Police 1
Communications Manager 2
Neighborhood Services Manager 2
Police Captain(s) 2
Police Lieutenant(s) 2
Public Works Department:
Administrative Services Manager 2
Building Maintenance Supervisor 2
Construction Engineer Manager 2
Deputy Public Works Director 2
Director of Public Works 1
Engineering Assistant(s) 2
Field Engineering Assistant 3
Fleet Supervisor 2
Parking Manager 2
Parks and Urban Forest Supervisor 2
Principal Transportation Planner 2
Program and Project Coordinator 3
Public Works Inspector(s) 3
Streets Supervisor 2
Supervising Civil Engineer 2
Transit Manager 2
Resolution No. (2004 Series)
Page 5
Appendix,page 3
POSITION DISCLOSURE CATEGORY
Parks &Recreation Department:
Director of Recreation 1
Golf Course Supervisor 2
Range Service Administrator 2
Recreation Manager 11 2
Recreation Supervisor—Adult Sports/Special Classes 2
Recreation Supervisor-Aquatics 2
Recreation Supervisor-Child Care 2
Recreation Supervisor- Youth Athletics/Special Events 2
Utilities Department:
Administrative Analyst 2
Industrial Waste Coordinator 2
Industrial Waste Inspector 3
Utilities Director 1
Utilities Engineer 2
Wastewater Collection Supervisor 2
Wastewater Division Manager 2
Wastewater Treatment Plant Supervisor 2
Water Conservation Coordinator 2
Water Distribution Supervisor 2
Water Division Manager 2
Water Projects 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
Ca -Cn
Resolution No. (2004 Series)
Page 6
Appendix, page 4
Other Positions:
Consultants2 1
Downtown Association Administrator 1
Housing Authority Executive Director 1
Temporary Positions 1
2Consultants 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.
3Temporary positions may be required to file a Statement of Economic Interests upon determination by the City
Attorney that the temporary position is the functional equivalent of a designated position.
Resolution No. (2004 Series)
Page 7
Appendix,page 5
DISCLOSURE CATEGORIES
Cate o Reportable Interests
1 Investments, business positions, income from sources located in or doing business
in 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 provide
services, supplies, materials,machinery or equipment of the type utilized by the
City.
3 Investments,business positions,and sources of income of the type that engage in
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.
council m c m o Ra n d u m
RED FILE -
DIF-5--TING A05NDA _
November 10, 2004 DASTEd ITEM 4teZ
TO: Mayor and Members of the City Council
FROM: Audrey Hooper,City Clerl
0,1
VIA: Ken Hampian, CAO
SUBJECT: Revision to Consent Item#2—Biennial Review and Amendment of the City's
Conflict of Interest Code 2004
The position of Housing Programs Manager was designated in the Appendix under Disclosure Category
1. The position of Senior Planner was designated in Disclosure Category 2. Upon further review, it was
determined that both positions are more appropriately classified in Disclosure Category 3:
The amended Appendix (page C2-4) is attached.
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Red File Revised Appendix
Resolution No. (2004 Series)
Page 3
APPENDIX
AMENDED LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES'
POSITION DISCLOSURE CATEGORY
Administrative Office:
Assistant City Administrative Officer 1
Economic Development Manager 3
Natural Resources Manager 3
Principal Administrative Analyst 1
City Attomey:
Assistant City Attomey 1
City Clerk:
City Clerk 1
Community Development:
Associate Planner(s) 3
Building Inspector(s) 3
Building Permit Coordinator 3
Chief Building Official 3
Code Enforcement Coordinator 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(§)_ .. 3 ........ ._
Finance&Information Technology Department:
Accounting Supervisor 2
Customer Services Supervisor 2
Finance Manager 2
Information Technology Manager 2
Telecommunications Supervisor 2
'The Mayor and Council Members, Planning Commissioners, City Administrative Officer, City Attorney
and City Finance Director are required to file Statements of Economic Interests pursuant to Government
Code Section 87200, and are therefore, not included in the List of Designated Positions required to file
pursuant to the City's Conflict of Interest Code.
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