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HomeMy WebLinkAbout13. Receive and File - 2018 Local Agency Biennial NoticeIL 1rY TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL E� FROM: OFFICE OF THE CITY CLERK BY: M. ALICIA DUARTE, CMC, CITY CLERK DATE: SEPTEMBER 11, 2018 SUBJECT: 2018 LOCAL AGENCY BIENNIAL NOTICE RECOMMENDATION That the City Council receive and file the 2018 Local Agency Biennial Notice.. 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 inform the City Council that after review of the City's Conflict of Interest Code by the City Clerk and City Attorney an amendment to the Code is required to include new positions, revise disclosure categories, revise the titles of existing positions and delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions. The City Clerk and City Attorney will make the necessary revisions to the City's Conflict of Interest Code and will present the revised Code to the City Council for approval by or before December 31, 2018. FISCAL IMPACT There is no fiscal impact: ATTACHMENTS Attachment A: 2018 Local Agency Biennial Notice Attachment B: City of Downey Conflict of Interest Code — Resolution No. 16-7669 Name of Agency: nitv of Downev Mailing Address: jj], LJ_2jDgRShjrg--Ay e, Downey, Contact Person: X -AI i cia ,alauarte Phone No. (562)..-.904-Z23D-- Email: Alternate Email: Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one BOX): ZI An amendment is required. The following amendments are necessary: (Check all that apply.) * Include new positions • Revise disclosure categories • Revise the titles of existing positions • Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions • Other (describe) LJ The code is currently under review by the code reviewing o A LJ No amendment is required. (if your code is over five years old, amendments may be necessary.) Verification (to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions me those holding des' nated positions are reported. The code includes all other provisions required by i nt Code echo 87302. Signature of Chief Execu,6410fficer Date All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2018, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) MML1292—M-9—ov FPPC Advice: g��Cef2pq�,caov (866.275.3772) Page 1 of 1 ne�l(;Mj lip ME01*71 r• - ill I Ir. -4 11 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 G --mended to add positions and change position titles; and, WHEREAS, the Fair Political Practices Commission has adopted a regulation 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 WETEBY RESOLVE AS FOLLOWS: SEIPTION 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 zconomic 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. SECTIO44. The City Clerk shall certify to the adoption of this Resolution. liONUMMU APPROVED AND ADOPTED this 27"' day of September, 2016. ALEX SAAB, Mayor ATTEST: ZRIA M. JIMENE Z,[MMC City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting it 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. AIA AM.JlME1NiEZZ,MC11' City Clerk IM DESIGNATIONRESOLUTION NO. 16-7669 PAGE 3 1 EMPLOYEES DEPARTMENT/DESIGNATEQ.POSITION DISCLOSURE ADMINISTRATION 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 Administrative . i Senior Librarian Human Resources Director Senior Human Resources Analyst Human Resources Analyst 1, 2, 3, 4, 5, "6 1,2 3,4 1,2, 3,4 3,4 3,4 3,4 3,4 FINANCE& ADMINISTRATIVE SERVICES Finance Director/Risk Manager 1, 2, 3, 4, 5, 6 Assistant Director of Finance 1, 2,3, , 5, 6 Finance Manager 1, 2, 3, 4, 5, 6 Senior Accountant 1, 2, 3, 4, 5, 6 Junior Accountant 1, 2, 3, 4, 5, 6 Accounting Coordinator 1, 2, 3, 4, 5, 6 Principal Accountant 1, 2, 3, 4, 5, 6 Computer Systems Manager 3,4 'rr'A G E 4 COMMUNITY DEVELOPMENT, PLANNING, & CODE ENFORCEMENT Imel I a I a I IV [a I IVA mr-1,1-741.1 0111 r -I I I 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 �M on 4,6 FIRE Fire Chief 1, 2,3,4,5,6 Assistant Fire Chief/Fire Marshall 1, 2, 3, 4,5,6 Fire Inspector 1, 2,3,4,5,6 Emergency Preparedness Coordinator 1, 2, 3, 4,5,6 POLICE Police Chief 1, 2, 3, 4,5,6 Police Lieutenant 1, 2,3, 4,5,6 City Prosecutor 1, 2,3, 4, 5,6 1QU9109[s • . I:/At i DEPARTMENT/DESIGNATED POSITION PISCLOSURE CATEGORY 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, 4,5, 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 9 V .9 a ? MM M -1m IT, Im I I I ENMERIM *r' the broadest disclosure category in the Code if consultant services agreement was approved by formal action of the City Council. 0 r han:•': gm 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. 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 whichmanufacture 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 income from all banks, savings and loan associations, insurance companies, investment companies, stockbrokers, title companies, financial consultants, data processing firms or consultants. RESOLUTION NO.