HomeMy WebLinkAboutResolution No. 20-7978 - Amending the City's Conflict of Interest CodeA 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.
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.
SECTIOR 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. 20-79,
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APPROVED AND ADOPTED this 24 th day of November, 2020.
Mayor
I 6EREB'i CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a Regular meeting held on the 24 th day of November, 2020 by the
following vote, to wit:
AYES:
Council Members:
Ashton, Rodriguez, Saab, Frometa, Mayor Pacheco
NOES:
Council Member:
None.
ABSENT:
Council Member:
None.
ABSTAIN:
Council Member:
None.
RESOLUTION NO. 20-791
PAGE 3
DESIGNATION OF OFFICIALS AND EMPLOYEES
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:
DE PARTM E NT/DESIG NATE D POSITION DISCLOSURE CATEGORY
ADMINISTRATION
City Clerk 1, 2, 3, 4, 5, 6, 7
Deputy City Clerk 1, 2, 3, 4, 5, 6, 7
Executive Director of the Columbia 1, 2, 3, 4, 5, 6, 7
Memorial Space Science Learning Center
Learning Center Supervisor 3,4,7
Assistant City Manager 1, 2, 3, 4, 5, 6, 7
Assistant to the City Manager 1, 2, 3, 4, 5, 6, 7
Management Analyst 1,2,3,4,7
Library Director 1, 2, 3, 4, 5, 6, 7
Library Administrator 3,4,7
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Human Resources Manager
1, 2, 3, 4, 5, 6, 7
Human Resources Analyst
2,3,4,5,7
Human Resources Specialist
3,4,5,7
-INANCE & INFORMATION TECHNOLOGY
inance Director/Risk Manager 1, 2, 3, 4, 5, 6, nz
Assistant Director of Finance 1, 2, 3, 4, 5, 6, 7
Senior Accountant 1, 2, 3, 4, 5, 6, 7
Purchasing Coordinator
1, 2, 3, 4, 5, 6, 7
Principal Accountant
1, 2, 3, 4, 5, 6, 7
Management Analyst
3, 4, 5, 7
RESOLUTION NO. 20-791
PAGE 4
Information Technology & Systems Manager 3,4,7
COMMUNITY DEVELOPMENT, PLANNING, & CODE ENFORCEMENT
Community Development Director 1, 2, 3, 7
City Planner 1, 2, 3, 4, 5, 6, 7
Building Official 1, 2, 3, 4, 5, 6, 7
Principal Building inspector 1,2,3,4, 5, 6, 7
Economic Development & Housing Manager 1, 2, 3, 4, 5, 6, 7
Code Enforcement Supervisor 2,3,6,7
Management Analyst 2,3,6,7
Parks & Recreation Director
1, 2, 3, 4, 5, 6, 7
Recreation Manager
4,6,7
Recreation Supervisor
4, 6,7
Program Supervisor
4, 6,7
Recreation Coordinator
4, 6,7
Management Analyst
4,6,7
4EN
Fire Chief 1, 2, 3, 4, 5, 6, 7
Assistant Fire Chief/Fire Marshall 1, 2, 3, 4, 5, 6, 7
Battalion Chief 1, 2, 3,4, 5, 6, 7
Fire Inspector 1, 2, 3,4, 5, 6, 7
Hazardous Materials Fire Inspector 1, 2, 3,4, 5,6, 7
Emergency Preparedness Program Manager 1, 2, 3, 4, 5, 6, 7
POLICE
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
RESOLUTION NO. 20-7978
PAGE 5
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
Deputy Director/Utilities Manager 1, 2, 3, 4, 5, 6, 7
Principal Civil Engineer 1, 2, 3, 4, 5, 6, 7
na i neer=-
GIS Manager 1, 2, 3, 4, 5, 6, 7
Superintendent of Maintenance & Facilities 1, 2, 3, 4, 5, 6, 7
Assistant Superintendent of Maintenance & Facilities 1, 2, 3, 4, 5, 6, 7
Superintendent of Utilities 1, 2, 3, 4, 5, 6, 7
Assistant Superintendent of Utilities 1, 2, 3, 4, 5, 6, 7
Management Analyst 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 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 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
'T'AGE 6
Successor Agency Board Member
Housing Successor Agency Member
Downey Public Financing Authority Board Member
Board of Building Appeals 415, 6, 7
Public Facilities Financing Corporation lj� 2, 3, 4, 5, 6, 7
Recreation & Community Services Commission 6, 7
Water Facilities Corporation 1, 2, 3, 4, 5, 6, 7
RESOLUTION NO. 20-7978
Interests in Reg/ Property, This category requires the disclosure of all interest in real
property, including an ownership intereat, deed of trust, easement, option or leasehold interest,
within (in whole or in part) the City of Downey or not more than two nni|ea 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 e9ouoe'n, registered donneoUo partner'n or dependent
chi|dren's interest in real property that meet the disclosure requirements in this category.
CATEGORY 2:
This category requires the disclosure of investments in any business entity
(including aconsulting business orother independent contracting business) that islocated in,
doing business in, planning todmbusiness inorwhich has done business during the previous
two years in the City ofDowney inwhich the filer, the filer's spouse or registered domestic
partner or filer's dependent children have a direot, indirect or beneficial interest totaling $2'000
ormore atany time during the reporting period . Investment inthis category means investments
in a business entity by way of stock, seouriUee, bonde, debt inotrumnent, opdono, or investments
in a sole proprietorship, corpmrationa, partnarahipa, business buats, and if the fi|er, the filer's
spouse or registered domestic partner and dependent children together had a 10% or greater
ownership inmbusiness entity ortrust.
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 inorhas done business during the previous two years inthe City ofDowney. Income
in this category includes salary, \megee, per diem, expense reimbunoement, profite, incentive
cornpensaUon, income from investments, the filer's community property interest (5096) of his or
her spouse's or registered domestic partner'o income from such buaineae, commission income
and payments onloans made toothers. Income also includes apro rata share ofany income of
any business entity located in or doing business in the City of Downey in which the filer, and/or
the filer's e9muee or registered dVnnesUo partner Vxvns, direoUy, indirectly or beneficially m 10Y6
interest or greater. Income and reimbursement of expenses from a |ooa|, state or federal
government agency need not be disclosed.
CATEGORY 4
Income and Investments from Certain ManufaLturing Businesses, This category
requires the disclosure of all income from and investments in businesses which manufacture or
sell supplies, equipment orservices ofthe type utilized bythe Department, inwhich the person
is employed or which is subject tothe jurisdiction of an appointed Commission or Board.
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Income and Investments from Financial InWutibI This category requires the
iisclosure 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.
Income and Investments in Construction Indus . This category requires the clisclosur�
tif 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.