HomeMy WebLinkAboutResolution No. 19-7871 - Amending the Conflict of Interest CodeRESOLUTION NO. 19-7871
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 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.
WHEREAS, the City Council herby amends the Conflict of Interest Code to include the
Board of Building Appeals.
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.
RESOLUTION NO. 19-7871
PAGE2
SECTION 4. Resolution No. 18-7855, adopted November 27, 2018, is hereby
rescinded.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 25th day of February, 2019.
RIC
�
ATTEST:
�/l&A,(2-�ARtAALICIA DUART� City Clerk
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 26th day of February, 2019 by the following vote, to wit:
AYES: NOES: ABSENT:
ABSTAIN:
Council Members: Ashton, Frometa, Saab, Pacheco, Mayor Rodriguez Council Member: None. Council Member: None.
Council Member: None.
).;iad.�, a �MAR}A-AUCIA DUARTE� City Clerk
RESOLUTION NO. 19-7871
PAGE3
APPENDIX A
DESIGNATION OF OFFICIALS AND EMPLOYEES
The following positions shall disclose those economic interests noted in the disclosure categor y
for that position and as fully described in Appendix B as follows:
DEPARTMENT/DESIGNATED POSITION
ADMINISTRATION
City Clerk
Deputy City Clerk
Executive Director of the Columbia
Memorial Space Science Learning Center
Assistant to the City Manager
Administrative Aide
Management Analyst
Library Director
Senior Librarian
Human Resources Director
Senior Human Resources Analyst
Human Resources Analyst
Human Resources Manager
FINANCE & INFORMATION TECHNOLOGY
Finance Director/Risk Manager
Assistant Director of Finance
Senior Accountant
Accounting Coordinator
Principal Accountant
Computer Systems Manager
DISCLOSURE CATEGORY
1,2,3,4, 5,6, 7
1,2,3,4, 7
1,2, 3,4, 5,6, 7
1,2,3,4,5,6, 7
1,2,3,4
1, 2, 3, 4
1,2,3,4, 5,6, 7
3,4, 7
3,4, 7
3,4, 7
3,4
3,4
1,2,3,4, 5,6, 7
1,2, 3,4, 5, 6, 7
1,2,3,4,5,6, 7
1,2, 3,4, 5,6
1,2,3,4,5,6
3,4
RESOLUTION NO. 19-7871
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COMMUNITY DEVELOPMENT, PLANNING, & CODE ENFORCEMENT
Community Development Director 1, 2, 3, 4, 5, 6, 7
City Planner
Building Official
Economic Development & Housing Manager
Senior Code Enforcement Officer
Management Analyst
PARKS & RECREATION
Parks & Recreation Director
Recreation Manager
Program Supervisor
Management Analyst
FIRE
Fire Chief
Assistant Fire Chief/Fire Marshall
Fire Inspector
Emergency Preparedness Coordinator
POLICE
Police Chief
Police Captain
Police Lieutenant
City Prosecutor
PUBLIC WORKS1
Public Works Director/City Engineer
Deputy Director of Public Works
Management Analyst
Principal Engineer
1,2, 3,4, 5,6, 7
1, 2, 3,4, 5,6, 7
1,2, 3,4, 5,6, 7
2, 3,6, 7
2, 3,6
1, 2, 3,4, 5,6, 7
4,6
4,6
4,6
1,2, 3,4,5,6, 7
1,2, 3,4,5,6, 7
1,2,3,4, 5,6, 7
1,2, 3,4, 5,6, 7
1,2,3,4, 5,6, 7
1,2, 3,4, 5, 6, 7
1,2, 3,4, 5,6, 7
1,2, 3,4, 5,6, 7
1, 2, 3,4, 5, 6, 7
1,2,3,4, 5,6, 7
1,2, 3,4, 5, 6
1, 2,3,4, 5,6, 7
RESOLUTION NO. 19-7871
PAGES
Senior Civil Engineer
Super intendent of Maintenance & Facilities
Superintendent of Utilities
ALL DEPARTMENTS
Consultants/Special Legal Counsel*
1, 2, 3,4, 5, 6, 7
1, 2, 3,4, 5, 6, 7
1, 2, 3,4, 5,6, 7
1,2, 3,4, 5,6, 7
*Consultants/Special Legal Counsel shall disclose pursuant to the broadest disclosure category
in the City's Conflict of Interest Code if:
(a)The ConsultanVSpecial Legal Counsel serves in a staff capacity with the 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
Board of Building Appeals
Public Facilities Financing Corporation
Recreation & Community Services Commission
Water Facilities Corporation
1,2,3,4,5,6, 7 1,2,3,4, 5,6, 7 1,2,3,4,5,6, 7 1,2,3,4, 5,6, 7
RESOLUTION NO. 19-7871
PAGES
CATEGORY 1:
APPENDIX B
ECONOMIC DISCLOSURE CATEGORIES
Interests in Real Property. 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.
CATEGORY 2:
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 Manuf acturinq Businesses. This category
requires the disclosure of 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.
CATEGORY5
Income and Investments from Financial Institutions. This category requires the
disclosure of 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.
RESOLUTION NO. 19-7871
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CATEGORY6
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.
CATEGORY7
Loans, Honoraria, Travel Payments and Gifts. 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.