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HomeMy WebLinkAboutr10392cityofsloamendingthecitysconflictofinterestcodeRESOLUTION NO . 10392 (2012 Series ) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDIN G THE CITY'S CONFLICT OF INTEREST COD E WHEREAS,the City Council adopted Resolution No . 5044 (1983 Series) amending th e City's Conflict of Interest Code by incorporating by reference the Fair Political Practice s 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 ; and 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 . 10218 (2010 Series) adopted on September 21, 201 0 amended the City's Conflict of Interest Code by updating the Appendix (List of Designate d 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 ad d 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by the Council of the City of San Lui s Obispo as follows : SECTION 1 .Resolution No . 10218 (2010 Series) is hereby rescinded . SECTION 2 .The Fair Political Practices Commission's standard model Conflict o f 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 Council Member Smith, seconded by Council Member Carter and on th e following roll call vote : AYES : Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpente r and Mayor Marx NOES : None ABSENT : None ABSTAIN : None R 10392 Resolution No . 10392 (2012 Series ) Page 2 The foregoing resolution was adopted this 4 th day of September 2012 . ATTEST : City Clerk APPROVED AS TO ~:1•M : istine Dietric k City Attorney 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 Attorney 1 City Clerk : City Clerk 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 3 Housing Programs Manager 3 Plan Examiner 2 Planning Technician 3 Senior Planner(s) 3 Supervising Administrative Assistant 2 Finance & Information Technology Department : Accounting Supervisor 2 Revenue Supervisor 2 Finance Manager 2 Information Technology Manager 2 Telecommunications Supervisor 2 Network Services Supervisor 2 Administrative Analyst 2 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 EXHIBIT A Parking Manager 2 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 1 Housing Authority Executive Director 1 Temporary Positions3 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 . 2 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 . 3 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 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 th e 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 .