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Home My WebLink About22. Biennial Review of City's Conflict of Interest CodeRUm1 . TO- HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER FROM: OFFICE OF THE CITY CLERK Y. M. ALICIA DUARTE, CMC, CITY CLERK DATE: JUNE 26, 2018 SUBJECT: BIENNIAL REVIEW OF THE CITY'S CONFLICT OF INTEREST CODE RECOMMENDATION That the City Council direct the City Clerk and City Attorney to conduct the biennial review of the City's Conflict of Interest Code. DISCUSSION The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially (each even numbered year) to determine if it is accurate, or, alternatively, that the code must be amended. An amendment may be required in order to include new positions and delete titles or positions that have been eliminated or to modify disclosure categories. This agenda item is to request that the City Council direct the City Clerk and the City Attorney to review the City's Conflict of Interest Code. By or before October 1, 2018, the City Clerk will file with the City Council a biennial notice indicating whether the code requires amendments and the nature of the amendments. All revisions to the City's Conflict of Interest Code must be approved by the City Council by December 31, 2018. FISCAL IMPACT ATTACHMENTS City of Downey Conflict of Interest Code — Resolution No. 16-7669 RESOLUTION NO. MODELA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDIN11 THE CITY'S CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD • OF •D _ PoliticalReform Act, Government••- Section 81000, et seq.,r'equirI State and local government agenciesto adopt.f • promulgate • of codes; • 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 r WHEREAS� this body has determined that the attached Appendices accurat- -forth RESOLVEthose designated positions and categories of reportable financial interest. NOW, THEREFOREO THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY •, • SECTION 1. The terms of 2 California Code of Regulations, Section 18730, and any amendments to duly adopted by ' Fair Political Practices • • are hereby incorporated • the conflict of - - id- of - City of Downey by - - - Downey.. This economic disclosure categories shall constitute the Conflict of Interest Code of the City of SECTION 2. The City Council hereby designates the City Clerk as the person to whom all officials • employees r-• -• to submit a Statementof • •rr Interest pursuant to this Conflict of Interest Code shall file their statements with. The City Clerk shall retain the originals ofsaidstatements, which shallbeavailablefor public •- :..oi isreproduction, SECTION 3. Resolution No. 14-7520, adopted October 14, 2014, is hereby rescinded. tg�� The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 27th day of September, 2016. ALEX SAAB, Mayor ATTEST: A RIA M. JIMENEEZ, MMC City Clerk IM I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 27th day of September, 2016 by the following vote, to wit: AYES: Council Members: Ashton, Brossmer, Marquez, Vasquez, Mayor Saab NOES: Council Member: None. ABSENT: Council Member: None. ABSTAIN: Council Member: None. ?'Lot A RIA M. IMENEZ, MMC CityC ty Clerkk DESIGNATION OF OFFICIALS AND t!#OL& DEPARTMENT/DESIGNATED POSITION DISCLOSURE CATEGOR] To, I rk Iffl T R "0 City Clerk 1,2,3,4,5,6 Deputy City Clerk 1,2,3,4 Executive Director of the Columbia 1,2,3,4,5,6 Memorial Space Science Learning Center Special Legal Counsel Assistant to the City Manager/City Librarian Administrative Aide Management Analyst Senior Librarian Human Resources Director Senior Human Resources Analyst Human Resources Analyst ilyl Loj -Aim MOAVMMI'Vil Fglj Assistant Director of Finance Finance Manager - 7,71wM11.7 Principal Accountant 1, 2, 3, 4, 5, 6 1. 2, 3, 4, 5, 6 1,2,3,4 1,2,3,4 3,4 M1 N 1, 2, 3, 4, 5, 6 1, 2, 3, 4, 5, 6 1, 2, 3, 4, 5, 6 1, 2, 3, 4, 5, 6 1, 2, 3, 4, 5, 6 1, 2, 3, 4, 5, 6 1, 2, 3, 4, 5,'6 3,4 • NO. 16-7661 PAGE 4 99[!ARTMENT1b81SldNkttb 9qMj!04 DISCLOSURE CATEGOR_ 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 Economic Development & Housing Manager 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 4,6 Recreation Manager 4,6 Program Supervisor 4,6 FIRE Fire Chief 1, 2, 3, 4,5,6 Assistant Fire Chief/Fire Marshall 1, 2, 3, 4,5, 6 Fire Inspector 919MUM Emergency Preparedness Coordinator 11 2� 3A 516 1 Police Chief 1, 2, 3, 4, 5, 6 Police Captain 1, 2, 3, 4, 5,6 Police Lieutenant 1, 2, 3, 4,5,6 City Prosecutor 1, 2, 3, 4,5, 6 RESOLUTION NO. 16-7669 PAGE 5 PUBLIC WORKS Director 1,2,3,4,5,6 Deputy Director of Public Works 1, 2,3,4,5, 6 Management Analyst 1, 2,3, 4,5, 6 Principal Engineer 1, 2, 3, 4, 5, 6 Senior Civil Engineer 1, 2, 3, 45, 6 Superintendent of Maintenance & Facilities 1, 2, 3, 4, 5, 6 Superintendent of Utilities 1. 2, 3, 4, 5, 6 ALL DEPARTMENTS Consultants* 1, 2, 3, 4, 5, 6 BOARDS& COMMISSIONS I'M11,12.71MY.0, M -MM.".. V. -... P-14 *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 RESOLUTION NO. PAGE 6 d� 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 itis within or not more than two miles outside the boundaries of the City. 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. 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. 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. �"Jlkice I :I_' JC7J =Jr • in this category shall disclose all income from and investments in • entities in the construction or building industry within the jurisdiction.