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Home My WebLink AboutResolution No. 12-7376 RESOLUTION NO. 12 -7376 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 Resolution No. 10 -7228, adopted October 12, 2010, is hereby rescinded. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 9 day of October, 2012. ....... %---Siem-te'V'Y' , ROG= ' C. BROSSMER, Mayor ATT ST: 1 C e C O. ADRIA M. JIMENEZ, CMC, City Clerk HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting thereof held on the 9th day of October 2012, by the following vote, to wit: AYES: Council Members: Guerra, Marquez, Vasquez, Gafin, Mayor Brossmer NOES: Council Members: None ABSTAIN: Council Members: None ABSENT: Council Members: None tit ADRIA M. JIMENEZ, CMC City Clerk APPENDIX A DESIGNATION OF OFFICIALS AND EMPLOYEES DEPARTMENT DESIGNATED POSITION DISCLOSURE CATEGORY Administration City Clerk 1, 2, 3, 4, 5, 6 Special Legal Counsel 1, 2, 3, 4, 5, 6 Assistant to the City Manager 1, 2, 3, 4, 5, 6 Administrative Aide 1, 2, 3, 4 Senior Librarian 3, 4 Administrative Services Finance Director /Risk Manager 1 2, 3, 4, 5, 6 Finance Manager 1 2, 3, 4, 5, 6 Human Resources Director 3 4 Junior Accountant 1 2, 3, 4, 5, 6 Computer Systems Manager 3 4 Community Development/Planning / Code Enforcement Community Development Director 1 2, 3, 4, 5, 6 City Planner 1 2, 3, 4, 5, 6 Building Official 1 2 3, 4, 5, 6 Principal Building Inspector 2 3 6 Building Inspector 2 3 6 Senior Code Enforcement Officer 2 3, 6 Parks & Recreation Parks & Recreation Director 1 3 4 Recreation Manager 4 Fire Fire Chief 1, 2, 3, 4, 6 Assistant Fire Chief /Fire Marshall 2, 3, 6 Fire Inspector 2, 3, 6 Police Police Chief 1 2, 3, 4 City Prosecutor 1 2, 3, 6 Public Works Director 1 2, 3, 4, 5, 6 Deputy Director of Public Works 1 2, 3, 4, 5, 6 Principal Engineer 1 3, 4, 6 Senior Civil Engineer 1 4, 6 All Departments Consultant* 1 2, 3, 4, 5, 6 BOARDS & COMMISSIONS 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 if consultant services agreement was approved by formal action of the City Council. 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 two thousand dollars ($2,000) 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 two thousand dollars ($2,000). 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; and, no longer includes certain exchange traded funds, closed -end funds, or funds held in an Internal Revenue Code qualified plan. These non - reportable investment funds (1) must be bona fide investment ,...�., funds that pool money from more than 100 investors, (2) must hold securities of more than 15 issuers, and (3) cannot have a stated policy of concentrating their holdings in the same industry or business ( "sector funds "). In addition, the filer may not influence or control the decision to purchase or sell the specific funds on behalf of his or her agency during the reporting period or influence or control the selection of any specific investment purchased or sold by the fund. Investments of any business entity or trust in which the individual or spouse owns, directly indirectly or beneficially, a 10% or greater interest. 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.