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HomeMy WebLinkAbout12. Receive and File 2020 Local Agency Biennial Noticemill 10 CITY MANAGE1 TO* HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY CLERK BY: M. ALICIA DUARTE, CMC, CITY CLERK YVETTE ABICH GARCIA, CITY ATTORNEY That the City Council receive and file the 2020 Local Agency Biennial Notice. The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially (each even numbered year) and notify the City Council by October 1st, as to whether or not the code needs to be amended. An amendment may be required in order to include new positions; revise disclosure categories; revise the titles of existing positons; and, delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions. After review of the City's current Conflict of Interest Code by the City Clerk and City Attorney, it has been determined that 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, 2020. Fiscal Responsibility Efficiency & Adaptability FISCAL IMPACT There is no fiscal impact. ATTACHMENTS Attachment A: 2020 Local Agency Biennial Notice Attachment B: City of Downey Conflict of Interest Code — Resolution No. 19-7871 Name of Agency, City of Downey Mailing Address: 11111 Brookshire Ave. Downey CA 90241 Contact Person: M. Alicia Duarte ''I'll Phone No. (562) 904-7280 Email, aduarte@downeyca.org Alternate Email: F4ccurate 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) 13 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 E Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions El Other (describe) E3 The code is currently under review by the code reviewing body. U 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, into t in real property, and sources of income that may foreseeably be affected materially by the decisions m those holding design ed positions are reported. The code includes all other provisions required by o entC eS -n 302. ianatumeW Cgief Executive Officer 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, 2020, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) www.fppc.ca.gov Page 1 of 1 RESOLUTION OF THE CITY COUNCILOF THE CITY OF DOWNEY AMENDING• OF - CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL • •N'S STANDARD MODEL• OF INTEREST•r 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 PoliticalPractices Commission adopted • Code of Regulations, Title 2, Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated • reference • may be amended by the Fair Political rf .:'! Practices Commission afterpublic noticeand hearing to conform i • amendments Political or ` f 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 •. reportable '... ': interest. WHEREAS, the City Council herby amends the Conflict of Interest Code to include the Board of Building Appeals. NOW, THEREFORE,• OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: Downey.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 SECTION 2. Appendix ` to this Resolution i ,' i is• •-. .... which officials and employees -. designated to report economic interests with reference to the disclosure categories for that position.Appendix • this Resolution describes each •: the disclosure -r• and the type of economic a ` •- disclosed. Persons holding designated positions file a Statement of Economic•; 00• disclose sfor their position. SECTION 3. The City Councilhereby 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• reproduction pursuant to Government Code Section 81008. PAGE 2 SECTION 4. Resolution No. 18-7855, adopted November 27, 2018, is hereby rescinded. Agqj!qertify to the adoption of this Resolution. APPROVED AND ADOPTED this 26th day of February, 2019. RIC )4DWGUEZ, Mayor ATTEST: 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 26�6 day of FObruary, 2019 by the following vote, to wit: AYES: Council Members: Ashton, Fro eta, Saab, Pacheco, Mayor Rodriguez NOES: Council Member: one. ABSENT: Council Member: one. ABSTAIN: Council Member: one. A LICI DUARTE, CIVIC City Clerk PAGE 3 APPENDIX A DESIGNATION • QFFI!9IALSAND, EMf!LQYEEA T-�,c40iWh-,j for that position and as fully described in Appendix B as follows: DEPARTMENTIDESIGNATED POSITION DISCLOSURE CATEGORY 0 City Clerk 1, 2,3,4,5,6,7 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 I Senior Librariar Human Resources Director Senior Human Resources Analysl Human Resources Analyst Human Resources Manager I 2, 3, 4, 5, 6, 3,4,7 3,4,7 3,4,7 3,4 3,4 Finance Director/Risk Manager 1, 2, 3, 4, 5, 6, 7 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 11wkqNAi]rA. PAGE 4 COMMUNITY DEVELOPMENT, PLANNING, & CODE ENFORCEMENT Community - -D ... e-veio-p City Planner 1, 2,3,4,5,6,7 Building Official 1, 2.3,4,5,6,7 Economic Development & Housing Manager 1, 2, 3, 4, 5,6,7 Senior Code Enforcement Officer 2,3,6,7 Management Analyst 2,3,6 2-TXX�F.' U40k a" Parks & Recreation Director 1, 2, 3, 4,5,6,7 Recreation Manager 4,6 Program Supervisor 4,6 Management Analyst 4,6 JTZ4 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 TSTWR-= Police Chief 1, 2, 3, 4, 5, 6, 7 Police Captain 1, 2, 3, 4, 5. 6, 7 Police Lieutenant 1, 2, 3, 4, 5, 6, 7 City Prosecutor 1, 2, 3, 4, 5, 6, 7 PUBLIC WORKS/ Public Works Director/City Engineer 1, 2, 3, 4, 5, 6, 7 Deputy Director of Public Works 1, 2, 3, 4, 5, 6, 7 Management Analyst 1, 2, 3, 4, 5, 6 Principal Engineer 1, 2, 3, 4, 5, 6, 7 RESOLUTION NO. 19-7871 PAGE 5 Senior Civil Engineer 1, 2A 4,5, 6,7 Superintendent of Maintenance & Facilities 1, 2, , 5, 6,7 Superintendent of Utilities 1, 2, 3,4, 5, 6, 7 ALL DEPARTMENTS Consultants/Special Legal Counsel* *Consultants/Special Legal Counsel shall disclose pursuant to the broadest disclosure category in the City's Conflict of Interest Code if: (a) The Consultant/Special 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 i87200 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 Board of Building6, 7 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 AUfiF*rOTfU" V i:. G7 i nips,. •..,: ` dtocorna This category _ disclosure ofall gross exceeding 10i1 or • - received from any • - located in, doing businessplanning Y do business in or hasdone business during the previous tw• years in the City of Downey. • ` in this category includes salary, wages, per diem, expense reimbursement, profits, incentive compensation, • rinvestments,• property - - [% of 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 `overnment agency need not be disclosed. iom Financia 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. PAGE 7