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Home My WebLink About14. Adopt Reso Amending the City's Conflict of Interest CodeF APPROVED, TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAC FROM: OFFICE OF THE CITY MANAGER BY: M. ALICIA DUARTE, CMC, CITY CLERK YVETTE ABICH GARCIA, CITY ATTORNEY DATE: NOVEMBER 27, 2018 ;Jl;x6jjdjd 0 1 0 .7.3 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 As directed by the City Council on June 26, 2018, and as required by State Law, the City Clerk and the City Attorney have conducted a biennial review of the City of Downey's Conflict of Interest Code which designates positions and categories of reportable financial interests for certain officers and employees of the City. The disclosure categories in the amended Conflict of Interest Code have been revised to reflect changes made by the Fair Political Practices Commission, as well as adding Category 7, requiring disclosure of gifts, honoraria, loans and travel payments for certain designated positions. The changes below are suggested to reflect the current positions of the City. Positions Added Library Director Human Resources Manager Management Analyst (Parks & Recreation) Water Facilities Corporation Changes to Position Titles Assistant to the City Manager Public Works Director/City Engineer Recreatio-i otf-iiu-iitv Seiijces C6uujssLQL AMENDMENTS TO THE CITY OF DOWNEY'S CONFLICT OF INTEREST CODE DATE -NOVEMBER 27, 2018 PAGE 2 Positions Removed Finance Manager Junior Accountant Principal Building Inspector Building Inspector Fiscal Responsibility FISCAL IMPACT There is no fiscal i=act to this amendment - ATTACHMENTS K RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DO EY 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 Fair Political Practices Commission has adopted California Code of Regulations, Title 2, 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, 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 updated; and, WHEREAS, it has been determined that the City's Conflict of Interest Code needs to be updated with respect to disclosure categories, incorporation of designated positions, revisions of titles of existing positions and deletion of titles of previous positions; and, WHEREAS, the City Council 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 HEREBY RESOLVE AS FOLLOWS: SECTION 1. The terms of Title 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. Appendix A to this Resolution identifies which officials and employees are designated to report economic interests with reference to the disclosure categories for that position. Appendix B to this Resolution describes each of the disclosure categories and the type of economic interest that must be disclosed. Persons holding designated positions shall file a Statement of Economic Interest (Form 700) and disclose those interests, if any, for their position. SECTION 3. The City Council hereby designates the City Clerk as the person to whom all officials and employees are required to submit a Statement of Economic Interest (Form 700) pursuant to this Conflict of Interest Code. In the alternative, the City Clerk may require that all officials and employees file their Form 700 electronically pursuant to the Secretary of State's online portal. The City Clerk shall retain the originals of said statements, which shall be available for public inspection and reproduction pursuant to Government Code Section 81008. SECTION 4. Resolution No. 16-7669, adopted September 27, 2016, is hereby rescinded. Atachment A ADDDC)%/=n AND ADOPTED fkim07th,4o%, -; 7!1122\ — —.V �1 I9-1 Lgll� L1 MQy W1 I 1L.%j 1W. SEAN ASHTON, Mayor MARIA ALICIA DUARTE� CIVIC 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 27 th day of November, 2018 by the following vote, to wit: AYES4 Council Members: NOES: Council Member: None. ABSENT: Council Member: None. ABSTAIN: Council Member: None. MARIA ALICIA DUARTE, CIVIC City Clerk RESOLUTION NO. PAGE 3 Ue UJIDWOU The following positions shall disclose those economic interests noted in the disclosure category for that position and as fully described in Appendix B as follows: ADMINISTRATION City Clerk 1, 2, 31 4, 5, 6, 7 Deputy City Clerk 1,2,3,4,7 Executive Director of the Columbia 1, 2, 3, 4, 5, 6, 7 Memorial Space Science Learning Center Assistant to the City Manager 1, 2, 3, 4, 5, 6, 7 Administrative Aide 1,2,3,4 Management Analyst 1,2,3,4 Library Director 1, 2, 3, 4, 5, 6, 7 Senior Librarian 3,4,7 Human Resources Director 3,4,7 Senior Human Resources Analyst 3,4,7 Human Resources Analyst 3,4 Human Resources Manager 3,4 -FINANCE & INFORMATION TECHNOLOGY Finance Directo_g- Assistant Director of Finance 1, 2, 3, 4, 5, 6, 7 Senior Accountant 1, 2, 3, 4, 5, 6, 7 Accounting Coordinator 1, 2, 3, 4, 5, 6 Principal Accountant 1, 2, 3, 4, 5, 6 Computer Systems Manager 3,4 =0 I :I_ILcl =K • Development Director 1, 2, 3, 4, 5, • City Planner 1, 213, 41 5� 61 7 Building Official 1, 2, 3, 4, 5, 6, 7 Senior Code Enforcement Officer 21 3, 6j 7 Management Analyst 2,3,6 PARKS & RECREATION Parks & Recreation Director 1, 2, 3, 4, 5, 6, 7 Recreation Program Supervisor 4,6 Management Analyst 4,6 FIRE Fire Chief 1, 2, 3, 4, 5, 6, 7 Assistant Fire Chief/Fire Marshall 1, 2, 3, 4, 5, 6, 7 Fire Inspector 1, 2, 3, 4, 5, 6, 7 Emergency Preparedness Coordinator 1, 2, 3, 4, 5, 6, 7 POLICE Police Chief 1, 2, 3, 4, 5, 6, 7 MR&WE= 1, 2, 3, 4, 5, 6, 7 PUBLIC WORKS Public Works Director/City Engineer 1, 2, 3, 4,-5,-6, 7 i-• Director of •l • Management Analyst 1, 2, 3, 4, 5, 6 Principal Engineer 1, 2, 3, 4, 5, 6, 7 c• Senior Civil Engineer 1, 2, 3, 4, 5, 6, 7 Superintendent of Maintenance & Facilities 1, 2, 3, 4, 5, 6, 7 Superintendent of Utilities 1, 2, 3, 4, 5, 6, 7 ALL DEPARTMENTS Consultants/Special Legal Counsel* 1, 2, 3, 4, 5, 6, 7 *Consultants/Special Legal Counsel shall disclose pursuant to the broadest disclosurecategory in the City's Conflict of Interest Code if: (a) The Consultant/Special Legal Counsel serves in a staff capacity withthe "City and in that capacity performs the same or substantially the same duties for the City that would otherwise be performed by a person holding the position specified or that should be specified in the City's Conflict of Interest Code; or (b) The Consultant/Special Counsel makes a government decision as set forth in 2 California Code of Regulations 19701(a)(2). GOVERNMENT CODE SECTION 87200 POSITIONS The following positions are subject to broadest disclosure pursuant to Government Code Section 87200: City Council Member City Council Candidate City Manager City Treasurer City Attorney Planning Commissioner Other Local Agency Boards • Successor Agency Board Member • Housing Successor Agency Member • Downey Public Financing Authority Board Member BOARDS &COMMISSIONS Public Facilities Financing Corporation 1,; 2, 3, 4, 5, 6, 7 Recreation & Community Services Commission 1, 2, 3, 4, 5, 6, 7 Water Facilities Corporation 1; 2, 3, 4, 5, 6, 7 FrA711lnIIl it nigi'.9 C»[]RF CATFQ) ®F Interests in Deal er ert : This category requires the disclosure of all interest in real property, including an ownership interest, deed of trust, easement, option or leasehold interest, within (in whole or in part) the City of Downey or not more than two miles outside the boundaries of the City of Downey if the real property interest has a value of two thousand dollars ($2,000) or more. Disclosure is not required for ownership of a principal residence. Note that this category also requires disclosure the filer's spouse's, registered domestic partner's or dependent children's interest in real property that meet the disclosure requirements in this category. Investments. This category requires the disclosure of investments in any business entity (including a consulting business or other independent contracting business) that is located in, doing business in, planning to do business in or which has done business during the previous two years in the City of Downey in which the filer, the filer's spouse or registered domestic partner or filer's dependent children have a direct, indirect or beneficial interest totaling $2,000 or more at any time during the reporting period . Investment in this category means investments in a business entity by way of stock, securities, bonds, debt instrument, options, or investments in a sole proprietorship, corporations, partnerships, business trusts, and if the filer, the filer's spouse or registered domestic partner and dependent children together had a 10% or greater ownership in a business entity or trust. CATEGORY 3 Sources of Income. This category requires the disclosure of all gross income exceeding $500.00 or more received from any source located in, doing business in, planning to do business in or has done business during the previous two years in the City of Downey. Income in this category includes salary, wages, per diem, expense reimbursement, profits, incentive compensation, income from investments, the filer's community property interest (50%) of his or her spouse's or registered domestic partner's income from such business, commission income and payments on loans made to others. Income also includes a pro rata share of any income of any business entity located in or doing business in the City of Downey in which the filer, and/or the filer's spouse or registered domestic partner owns, directly, indirectly or beneficially a 10% interest or greater. Income and reimbursement of expenses from a local, state or federal government agency need not be disclosed. CATEGORY 4 Income and Investments from Certain Manufacturina Businesses. This category requires the disclosure of all income from and investments in businesses which manufacture or sell supplies, equipment or servicesofthe 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 Income and Investments from Financial Institutions. This category requires the disclosure of 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. PAGE 7 Income and Investments in Construction Industry. This category requires the disclosure of all income from and investments in business entities in the construction or building industry located in, doing business in, planning to do business in or has done business during the previous two years in the City of Downey. Loans Honoraria Travel Pa rnents and Gutta. This category requires the disclosure of any loans, honoraria, travel payments, advances and reimbursements in any amount from non- governmental sources, located in, doing business in, planning to do business in, or has done business during the previous two years in the City of Downey. Gifts are reportable if the fair market value is $50 or more from a single source or multiple gifts totaling $50 or more from a single source in the reporting period. Gifts are reportable regardless where the donor is located,