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Home My WebLink About05. Amend Local Conflict of Interest Code AGENDA MEMO DATE: October 12, 2010 TO: Mayor and Members of the City Council FROM: Kathleen L. Midstokke, City Clerk SUBJECT: AMENDING THE LOCAL CONFLICT OF INTEREST CODE RECOMMENDATION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF That the City Council adopt “ DOWNEY AMENDING THE CITY’S CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION’S STANDARD MODEL CONFLICT OF INTEREST CODE.” DISCUSSION: As required by State Law, a biennial review has been conducted of the City of Downey’s Conflict of Interest Code which designates positions and categories of reportable financial interests for certain officers and employees of the City. Minor changes are suggested to reflect the current positions of the City. The changes include: Adding: Assistant Community Development Director – new title Adding: Assistant Public Works Director – new title Adding: Deputy City Manager/Emergency Services – for clarification Adding: Computer Systems Manager – increased purchasing activities Deleting: Deputy City Manager/Community Development – position deleted Design Review Board – Board dissolved The proposed Resolution incorporates these changes. CITY OF DOWNEY, CALIFORNIA RESOLUTION NO. 10 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY’S CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION’S STANDARD MODEL CONFLICT OF INTEREST CODE. WHEREAS , the Political Reform Act, Government Code Section 81000, et seq., requires State and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS , the Political Reform Act requires every local government agency to review its conflict of interest code biennially to determine if it is accurate or, alternatively, that the code must be amended; and WHEREAS , it has been determined that the City’s Conflict of Interest Code needs to be amended to add positions and change position titles; and WHEREAS , the Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regulations Section 18730), which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearing to conform to amendments in the Political Reform Act; and WHEREAS , this body has determined that the attached Appendices accurately set forth those designated positions and categories of reportable financial interest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS : SECTION 1 . The terms of 2 California Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby incorporated into the conflict of interest code of the City of Downey by reference. This regulation and the attached Appendices designating officials and employees and establishing economic disclosure categories shall constitute the Conflict of Interest Code of the City of Downey. SECTION 2 . The City Council hereby designates the City Clerk as the person to whom all officials and employees required to submit a Statement of Economic Interest pursuant to this Conflict of Interest Code shall file their statements with. The City Clerk shall retain the originals of said statements, which shall be available for public inspection and reproduction. SECTION 3 . Resolution No. 08 - 7083, adopted October 14, 2008 is hereby rescinded. SECTION 4 . The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this day of October, 2010. ANNE M. BAYER, Mayor ATTEST: ___________________________________ KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 10 – PAGE TWO I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council th of the City of Downey at a regular meeting thereof held on the 12 day of October, 2010, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: _____________________________ KATHLEEN L. MIDSTOKKE, City Clerk /// /// RESOLUTION NO. 10 – PAGE THREE APPENDIX “A” DESIGNATION OF OFFICIALS AND EMPLOYEES DEPARTMENT DESIGNATED POSITIONDISCLOSURE CATEGORY Administration Deputy City Manager/Sp. Projects 1, 2, 3, 4, 5, 6 Deputy City Manager/ Community Development 1, 2, 3, 4, 5, 6 Deputy City Manager/ 1, 2, 3, 4, 5, 6 Emergency Services Assistant Deputy City Manager 1, 2, 3, 4, 5, 6 Assistant City Attorney 1, 2, 3, 4, 5, 6 City Clerk 1, 2, 3, 5 Special Legal Counsel 1, 2, 3, 4, 5, 6 Exec. Director Space Science 1, 4, 6 Learning Center Administrative Services Finance Director/Risk Manager 3, 4, 5 Finance Manager 3, 4, 5 Human Resources Director 3, 4 Purchasing Manager 4 Computer Systems Manager 4 Asst. Community Dev. Director 1, 2, 3, 4, 5, 6 Community & Economic Development Economic Development Director 1, 2, 3, 4, 6 Building Official 1, 2, 3, 4, 5, 6 Deputy Building Official 1, 2, 3, 4, 5, 6 City Planner 1, 2, 4, 5, 6 Housing Manager 1, 4, 5, 6 RESOLUTION NO. 10 – PAGE FOUR APPENDIX “A” – con’t. DEPARTMENT DESIGNATED POSITIONDISCLOSURE CATEGORY Community Services Director 1, 4, 6 City Librarian 4 Fire Fire Chief 1, 2, 3, 4, 6 Police Police Chief 1, 2, 3, 4 City Prosecutor 1, 2, 3, 6 Public Works Director 1, 2, 3, 4, 6 Assistant Public Works Director 1, 2, 3, 4, 6 Deputy Director of Public Works 1, 2, 3, 4, 6 City Engineer 1, 3, 4, 6 Principal Engineer 1, 3, 4, 6 All Departments Consultant* 1, 2, 3, 4, 5, 6 BOARDS & COMMISSIONS Board of Building Appeals/ Design Review Board (DRB)Members1, 4, 6 Recreation & Community Services Commission Members 1, 4, 6 Redevelopment Project Area Committee (PAC) Members 1, 2, 3, 4, 5, 6 *Consultants shall 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 in writing 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 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 Manager’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. RESOLUTION NO. 10 – PAGE FIVE APPENDIX “B” ECONOMIC DISCLOSURE CATEGORIES CATEGORY 1: Persons in this category shall disclose all interest in real property within the jurisdiction if the interest has a value of one thousand dollars ($1,000) or more. Real property shall be deemed to be within the jurisdiction if the property or any part of it is within or not more than two miles outside the boundaries of the City. CATEGORY 2: Persons in this category shall disclose all investments. Investment means any financial interest in or security issued by a business entity, including but not limited to common stock, preferred stock, rights, warrants, options, debt instruments and any partnership or other ownership interest, if the business entity or any parent, subsidiary or otherwise related business entity has an interest in real property in the jurisdiction, or has done business within the jurisdiction at any time during the two years prior to the time any statement or other action is required under this title. No asset shall be deemed an investment unless its fair market value exceeds one thousand dollars ($1,000). The term “investment” does not include a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, or any bond or other debt instrument issued by any government or government agency. Investments of any business entity or trust in which the individual or spouse owns, directly, indirectly, or beneficially, a ten percent or greater interest. /// /// RESOLUTION NO. 10 – PAGE SIX APPENDIX “B” - con’t. CATEGORY 3: Persons in this category shall disclose all income received from any source located or doing business within the jurisdiction or expecting to do business within the jurisdiction. Income received from a public agency need not be disclosed. Income of persons in this category also includes a pro rata share of any income of any business entity located or doing business within the jurisdiction in which the person or spouse owns, directly, indirectly or beneficially a 10% interest or greater. CATEGORY 4: Persons in this category shall disclose all income from and investments in businesses which manufacture or sell supplies, equipment or services of the type utilized by the Department, in which the person is employed or which is subject to the jurisdiction of an appointed Commission or Board. CATEGORY 5: Persons in this category shall disclose all investments in and income from all banks, savings and loan associations, insurance companies, investment companies, stockbrokers, title companies, financial consultants, data processing firms or consultants. CATEGORY 6: Persons in this category shall disclose all income from and investments in business entities in the construction or building industry within the jurisdiction. /// ///