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HomeMy WebLinkAbout09/19/2006, C7 - AMENDMENT TO THE CITY'S CONFLICT OF INTEREST CODE 2006 council ""�°`D� 9r� oco j acEn& REpoRt CITY OF SAN LUIS O B 1 S P 0 FROM: Jonathan Lowell, City Attorney .l' SUBJECT: AMENDMENT TO THE CITY'S CONFLICT OF INTEREST CODE 2006 CAO RECOMMENDATION Adopt a resolution amending the City's Conflict of Interest Code to remove the Downtown Association from the List of Designated Positions and Disclosure Categories. DISCUSSION: The Political Reform Act requires cities to adopt and implement a Conflict of Interest Code and designate positions that are required to file Statements of Economic Interests (Form 700) with the City Clerk. State law directs that a review of a local Conflict of Interest Code be conducted every other year. On September 5, 2006 Council adopted Resolution No. 9837 (2006 Series) amending the Conflict of Interest Code. The amendments included the addition of the Downtown Association to the list of Committees and Commissions subject to filing requirements. Discussion with the Downtown Association Board of Directors revealed an inconsistency between the Political Reform Act and the Streets & Highways Code provisions governing Parking and Business Improvement Areas (under the Streets & Highways Code the Downtown Association advises the Council on our local downtown parking and business improvement area) in that: by virtue of the Downtown Association's purpose of promotion of retail trade activities, members of its Board of Directors will generally have financial interests in decisions in which they participate. In light of concerns raised by the Board of Directors, the City Attorney's Office will send a letter to the Fair Political Practices Commission seeking guidance on the applicability of the Political Reform Act to the Downtown Association and the necessity of inclusion of the Association in the City's Conflict of Interest Code. In the meantime, a revised amended Conflict of Interest Code that excludes the Downtown Association is presented to the City Council for adoption. By removing the Downtown Association from the list of required filers now (before the October 5 compliance date triggered by the Council's September 5, 2006 approval of the Conflict of Interest Code), it should ensure that none are in violation of the Political Reform Act for failure to file under the City's Conflict of Interest Code. FISCAL IMPACTS: None. ATTACHMENT: Resolution with Appendix G:\Agenda-Ordinances-Resol\Amend Conflict of Int Code 2006-Agenda Rpt.DOC /� ATTACHMENT I RESOLUTION NO. (2006 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 whether amendments are required; and WHEREAS,Resolution No. 9837 (2006 Series) adopted on September 5, 2006, amended the City's Conflict of Interest Code by updating the Appendix (List of Designated Positions and Disclosure Categories); and WHEREAS,further review of the Appendix indicates that a revision is necessary relating to the Downtown Association pending clarification of applicable provisions of the Streets &Highways Code vis-a-vis the Political Reform Act. NOW, THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 9837 (2006 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 hereto 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: Resolution No. (2006 Series) ATTACHMENT I Page 2 The foregoing resolution was adopted this day of 2006. Mayor David F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: onath . Lowell Ci y Attomey ATTACHMENT 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: Assistant Planner(s) 3 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(s) 3 Finance&Information Technology Department: Accounting Supervisor 2 Revenue 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 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 Designated Positions required to file pursuant to the City's Conflict of Interest Code. c� -y ATTACHMENT 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 Manager 2 Police Department: Administrative Analyst 2 Administrative Assistant 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 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 2 Field Engineering Assistant 3 Fleet Maintenance Supervisor 2 GIS Supervisor 2 Parking Manager 2 Parks and Urban Forest Supervisor 2 Permit Technician 3 Principal Transportation Planner 2 Program and Project Coordinator 3 Public Works Inspector(s) 3 Senior Civil Engineer 3 Street Maintenance Supervisor 2 Supervising Administrative Assistant(s) 2 Supervising Civil Engineer 2 Transit Manager 2 C �7 6— ATTACHMENT Parks &Recreation Department: Director of Parks and Recreation 1 Golf Course Supervisor 2 Ranger Service Administrator 2 Recreation Manager 2 Recreation Supervisor—Sports 2 Recreation Supervisor Aquatics 2 Recreation Supervisor-Children's Services 2 Recreation Supervisor-Facilities 2 Utilities Department: Administrative Analyst 2 Industrial Waste Coordinator 1 Industrial Waste Inspector 1 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 MembeFs of the Dewnter>�ssee I Members of the Housing Authority 3 Members of the Promotional Coordinating Committee 2 Other Positions: Consultants2 1 Downtown Association Administrator 1 Housing Authority Executive Director 1 Temporary Positions 1 ATTACHMENT ZConsultants 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. DISCLOSURE CATEGORIES Category 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. J RECEIVED a� e SEP 19 2006 SLO CITY CLERK MEMORANDUM From the Office of the City Attorney September 19, 2006 To: Mayor and City Council From: Jonathan P. Lowell, City Attorney Subject: Amendment to the City's Conflict of Interest Code 2006 Careful review of the FPPC regulations has revealed an exception to the Political Reform Act that applies to members of the Downtown Association and exempts them from the Act if certain requirements are met. In light of this new information, Council should proceed with the recommended action to remove the Downtown Association from the City's Conflict of Interest Code. It is no longer necessary for the City Attorney to send a letter to the Fair Political Practices Commission, as section 18707.4 of Title 2 of the California Code of Regulations, as amended in 2002, addresses staff's concern about potential conflicts of interest. Attachment: 2 CCR §18707.4 Akeh .L 64 COUNCIL CDD DIR El CAO it, FIN DIR y{a1 ACO +Ga FIRE CHIEF RED FILE �7 AT70ANEY PW DIR 7 CLERK{ORIG POLICE CHF MEETING AGENDA ❑ DEPT HEADS E REC DIR - 4 Lf UTIL DIR DA 9 / TEM #� �� / R HR DIR 'P x,40 Q l l 1 Regulations of the Fair Political Practices Commission TITLE 2, DIVISION 6, CALIFORNIA CODE OF REGULATIONS FPPC Home Page p;Commission pjAgendas (Back to Regulations of the Fair Political Practices Commission) ®Interested Persons' Meetings (Regulations of the Fair Political Practices Commission,Title 2, Division 6 of the Candidates and California Code of Regulations.) Committees Lobbyists § 18707.4. Public Generally: Appointed Members of Boards and Restrictions on Commissions. Government Officials and Employees (a) For the purposes of Government Code section 87103, the"public generally" EEthics Orientation for exception applies to appointed members of boards and commissions who are State Officials appointed to represent a specific economic interest, as specified in section 87103 Conflicts of Interest/ (a)through (d), if all of the following apply: Form 700/COI Codes Enforcement (1)The statute, ordinance, or other provision of law which creates or authorizes EAudit Program the creation of the board or commission contains a finding and declaration that Workshops & Seminars the persons appointed to the board or commission are appointed to represent p1egislation and further the interests of the specific economic interest. Litigation Mailing Lists (2)The member is required to have the economic interest the member Links represents. FPPC Media Center Library and Publications (3) The board's or commission's decision does not have a reasonably ©The Political Reform foreseeable material financial effect on any other economic interest held by the Act member, other than the economic interest the member was appointed to Regulations of the represent. Fair Political Practices Commission (4) The decision of the board or commission will financially affect the member's >Newly Adopted or economic interest in a manner that is substantially the same or proportionately Amended the same as the decision will financial) affect a significant segment of the Regulations/ Y 9 g Proposed persons the member was appointed to represent. For purposes of this regulation, Regulations a significant segment constitutes fifty percent of the persons the member was bFPPC Opinions appointed to represent. ©FPPC Publications Advice Summaries/ (b) In the absence of an express finding and declaration or requirement of the Advice Letters types described in 2 Cal. Code Regs. section 18707.4(a)(1) and (2), the "public FPPC Resolutions generally" exception only applies if such a finding and declaration or requirement Proposition 34 is implicit,taking into account the language of the statute, ordinance, or other Archive provision of law creating or authorizing the creation of the board or commission, Internet Political P g g Practices the nature and purposes of the program, any applicable legislative history, and Phase 2 any other relevant circumstance. Forms&Manuals Privacy NOTE: Authority cited: Section 83112, Government Code. Contacting the FPPC Reference: Section 87103, Government Code. History (1) New section filed 11/23/98; effective upon filing. (2) Amendment filed 7/11/02; effective 8/10/02.