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HomeMy WebLinkAbout10/21/2008, C7 - AMENDMENT TO THE CITY'S CONFLICT OF INTEREST CODE council °;o z1O0c acEnoa uEpont c CITY O F SAN LUIS OBISPO FROM: Audrey Hooper, City Clerk SUBJECT: AMENDMENT TO THE CITY'S CONFLICT OF INTEREST CODE CAO RECOMMENDATION: Adopt a resolution amending the City's Conflict of Interest Code. DISCUSSION Background 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 Economic 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 making governmental 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 and incorporated, by reference, the FPPC's, standard model code (Attachment 1). The State has made minor amendments to its standard model code since the City last updated its Conflict of Interest Code in 2006, including an increase in the annual gift limit from$360 to $390. Proposed Modifications Staff recently conducted a review of the City's Conflict of Interest Code in accordance with State law. During this review, it became evident that amendments are warranted. Positions have been added or deleted as a result of reclassifications, titles have changed, or disclosure categories have been modified to more appropriately reflect the responsibilities of the position. In addition, because of the change in relationship between the City and the Downtown Association, the position of Downtown Association Administrator has been deleted. CII Council Agenda Report—Conflict of Interest Code Update Page 2 These amendments are reflected in the Legislative Draft of the Appendix (Attachment #1) and the 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, City Administrative Officer, City Attorney or City Finance Director since these officials are required to file Statements of Economic Interests pursuant to Government Code §87200. CONCURRENCES The City Attorney's Office and Department Heads concur with the proposed amendments. FISCAL E"ACTS None. ATTACHMENTS: 1. Legislative Draft of the Appendix 2. Resolution and Appendix COUNCIL READING FILE Complete Copy of the Fair Political Practice's Commission Model Code QW07 Statement of Economic Intuesfl2008 Conflict of Interesf Biennial Review 2008110-21-08 Agenda Report COI Code.doc ' I 1\ ATTACHMENT 1 LEGISLATIVE DRAFT 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 Chief Buildin¢Official 3 Assistant Planner(s) 3 Associate Planner(s) 3 Building Inspector(s) 3 Building Permit Coordinator 3 Chief Building Official 3 Code Enforcement4eeFd4iat�Officer VE 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 'The Mayor and Council Members, Planning Commissioners, City Administrative Officer, City Anomey 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. 01-3 Page 1 of 4 10/7/2008 ATTACHMENT 1 Finance& Information Technology Department: Accounting Supervisor 2 Revenue Supervisor 2 Finance Manager 2 Information Technology Manager 2 Telecommunications Supervisor 2 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 Parks &Recreation Department: Director of Parks and Recreation 1 Golf Course Supervisor 2 Ra gec 9-pi-vie-e- Admi4i,-Aster ?— Recreation Manager 2 Recreation Supervisor—Sports 2 Recreation Supervisor- Aquatics 2 Recreation Supervisor- Children's Services 2 Recreation Supervisor- Facilities 2 Recreation Supervisor— Ramer Service 2 Recreation Supervisor—Teens. Boomers. Seniors 2 Recreation Supervisor—Special Events. Skate Park Police Department: Administrative Analyst 2 � minstF4ive 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 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 / Page 2 of 4 10/7/2008 ATTACHMENT I Director of Public Works 1 Engineer 1 - 3 23 Field Engineering Assistant 3 Fleet Maintenance Supervisor 2 GIS Supervisor 2 Parking Manager 2 Parks Maintenance Supervisor 2 Parlas aild UFban FereSt SHperViSer Permit Technician 3 Principal Transportation Planner 2 Pregram and Pfefeet Geerdinater 3 Public Works Inspector(s) 3 Public Works Maintenance Supervisor 2 Senior Civil Engineer 32 Stormwater Code Enforcement Officer 3 Stonnwater Manager Street Maintenance Supervisor 2 Supervising Administrative Assistant(s) 2 Supervising Civil Engineer 2 Transit Manager 2 Utilities Department: A4dminis, native.knalyst 2 Deputy Director of Utilities—Wastewater 2 Deputy Director of Utilities—Water Industrial Waste ManagerGeeff4*ater 1 Industrial Waste Inspector 1 Senior Administrative Analyst 2 Utilities Director 1 Utilities Conservation ManagerGeerdipgtf 23 Utilities Engineer 23 Utilities Proiects Manager 23 Wastewater Collection Supervisor 2 Wa4ewater Divi;iet Manager ^_ Watster Reclamation Plant W T+ea6meRt DL...♦ Supervisor 2 Water Eenservatioig Caerdinater 1) Water Distribution Supervisor 2 Water Division Manager `x' Laboratory Manager 2 Wate•Pr-ejeet Manager 17 Water Supply Supervisor(Whale Rock) 2 Water Treatment Plant 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 ' Page 3 of 4 10/7/2008 \ _ ATTACHMENT 1 Other Positions: Consultants 1 De%4ite%%Asseeiatien Administrater- 1 Housing Authority Executive Director 1 Temporary Positions 1 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. 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. GA707 Statement of Economic Intaest\2008 Conflict of InteresAiliennial Review 2008\I0-21.08 Legislative Draft of COI Amendments.doc Page 4 of 4 10/7/2008 ATTACHMENT 2 RESOLUTION NO. (2008 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. 9845 (2006 Series) adopted on September 19, 2006, amended the City's Conflict of Interest Code by updating the Appendix (List of Designated Positions and Disclosure Categories); 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. 9845 (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 Exhibit constitute the City of San Luis Obispo's Conflict of Interest Code. Upon motion of seconded by and on the following vote: AYES: NOES: ABSENT: ATTACHMENT 2 The foregoing resolution was adopted this day of 2008. Mayor David F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: Jonathan P. Lowell City Attorney l.� ' O ATTACMMEMT 2 EXHIBIT 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 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 VII 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 '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. - � 1 �- ATTACHMENT 2 Finance& Information Technology Department: Accounting Supervisor 2 Revenue Supervisor 2 Finance Manager 2 Information Technology Manager 2 Telecommunications Supervisor 2 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 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 � �-lo ATTACHMENT 2 Deputy Public Works Director 2 Director of Public Works 1 Engineer 1 - 3 3 Field Engineering Assistant 3 Fleet Maintenance Supervisor 2 GIS Supervisor 2 Parking Manager 2 Parks Maintenance Supervisor 2 Permit Technician 3 Principal Transportation Planner 2 Public Works Inspector(s) 3 Public Works Maintenance Supervisor 2 Senior Civil Engineer 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 1 Industrial Waste Inspector 1 Senior Administrative Analyst 2 Utilities Director 1 Utilities Conservation Coordinator 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: ConsultantsZ 1 Housing Authority Executive Director 1 ATTACHMENT 2 Temporary Positions 1 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. 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. GA707 Statement of Economic Interest12008 Conflict of InteresA iennial Review 2008\DRAF r-Resolution doc