HomeMy WebLinkAboutResolution No. 10-7227 - Amend Conflict of Interest Code
RESOLUTION NO. 10 – 7227
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 Resolution No. 08 - 7083, adopted October 14, 2008 is hereby rescinded.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.
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APPROVED AND ADOPTED
this 12 day of October, 2010.
ANNE M. BAYER
ANNE M. BAYER, Mayor
ATTEST:
KATHLEEN L. MIDSTOKKE________________
KATHLEEN L. MIDSTOKKE, City Clerk
RESOLUTION NO. 10 – 7227
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: Brossmer, Gafin, Guerra, Marquez, Mayor Bayer
NOES: Council Member: None
ABSENT: Council Member: None
ABSTAIN: Council Member: None
KATHLEEN L. MIDSTOKKE____________
KATHLEEN L. MIDSTOKKE, City Clerk
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RESOLUTION NO. 10 – 7227
PAGE THREE
APPENDIX “A”
DESIGNATION OF OFFICIALS AND EMPLOYEES
DEPARTMENT DESIGNATED POSITION DISCLOSURE
CATEGORY
Administration Deputy City Manager/Sp. Projects 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
Community & Economic Asst. Community Dev. Director 1, 2, 3, 4, 5, 6
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 – 7228
PAGE FOUR
APPENDIX “A” – con’t.
DEPARTMENT DESIGNATED POSITION DISCLOSURE
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 Members 1, 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 – 7227
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.
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RESOLUTION NO. 10 – 7227
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.
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