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HomeMy WebLinkAboutResolution No. 6198 RESOLUTION NO. 6198 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 AND RESCINDING RESOLUTION NO. 5989 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 Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. 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 hearings to conform to amendments in the Political Reform Act; and WHEREAS, designated employees shall file Statements of Economic Interests with the agency who will make the Statements available for public inspection and reproduction (Government Code Section 81008); 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 Cal. Code of Regs., Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendices in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Downey. SECTION 2. Persons holding designated positions shall file Statements of Economic Interests pursuant to the Conflict of Interest Code, and all designated employees shall file their Statements with the City Clerk to whom the City Council hereby designates. SECTION 3. Resolution No. 5989 hereby is rescinded. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 22nd day of September , 1998. GARY P. CAUGHAN, - Mayor ATTEST: d / IUD 'TH E. MC DONNELL, City Clerk RESOLUTION NO. 6198 Page 2 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 22nd day of September , 1998, by the following vote, to wit: AYES: 5 Council Members: Brazelton, McCarthy, Riley, Lawrence, McCaughan NOES: 0 Council Members: None ABSENT: 0 Council Members: None ti ,1 JO ITH E. MC DONNELL, City Clerk H:\CCLERK\SCONTE\ELECTION\RESOS\CONFLICT.W PD r-• RESOLUTION NO. 6198 APPENDIX "A" CITY DEPARTMENTS DEPARTMENT DESIGNATED POSITION DISCLOSURE CATEGORIES Assistant City Manager 1, 2, 3, 4, 5, 6 Public Works Director 1, 2, 3, 4, 6 City Engineer 1, 3, 4, 6 Traffic Engineer 1, 3, 4, 6 Civil Engineer of Capital Improvements 1, 3, 4, 6 Fire Fire Chief 1, 2, 3, 4, 6 Community Development Director 1, 2, 3, 4, 6 Building Official 1, 2, 3, 4, 5, 6 City Planner 1, 2, 4, 5, 6 Housing Manager 1, 4, 5, 6 Police Police Chief 1, 2, 3, 4 City Clerk-Treasurer City Clerk-Treasurer 1, 2, 3, 5 Community Services Director 1, 4, 6 City Librarian 4 Administrative Services Finance Director 4, 5 Personnel Director 3, 4 Risk Manager 3, 4 Purchasing Manager 4 Outside Legal Counsel Outside Legal Counsel 1, 2, 3, 4, 5, 6 PAGE 1 OF 2 RESOLUTION NO. 6198 APPENDIX "A" DEPARTMENT DESIGNATED POSITION DISCLOSURE CATEGORIES City Prosecutor City Prosecutor 1, 2, 3, 6 Recreation& Community Services Commission Members 1, 4, 6 Board of Building Appeals/ Design Review Board (DRB) Members 1, 4, 6 Assistant to City Manager 1, 2, 3, 4, 5, 6 Redevelopment Project Area Committee (PAC) Members 1, 2, 3, 4, 5, 6 Redevelopment Consultant* 1, 2, 3, 4, 5, 6 All Departments Consultant* 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. H:\CCLERK\SCONTE\ELECTION\RESOS\APPNDXA.WPD PAGE 2 OF 2 1 RESOLUTION NO. 6198 APPENDIX `B" CITY OF DOWNEY DESCRIPTIVE CATEGORIES FOR CONFLICT OF INTEREST CODE 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 interest or greater. PAGE 1 OF 2 RESOLUTION NO. 6198 APPENDIX `B" 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. H:\CCLERK\SCONTE\ELECTION\RESOS\APPNDXB.WPD PAGE 2 OF 2