Res 18-067RESOLUTION NO. 18-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ADOPTING AN AMENDED CONFLICT
OF INTEREST CODE UPDATING DESIGNATED EMPLOYEES
AND OFFICERS AND REPEALING RESOLUTION NO. 16-055
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
designating employees and what financial interests must be disclosed by those employees, and
prohibiting the participation by such employees in decisions in which they have a financial
interest;
WHEREAS, the Fair Political Practices Commission has adopted a regulation (2
California Code of Regulations Section 18730) that contains the terms of a standard conflict of
interest code, which can be incorporated by reference in an agency's code. After public notice
and hearing, the standard code may be amended by the Fair Political Practices Commission to
conform to amendments in the Political Reform Act;
WHEREAS, the City Council has heretofore adopted, as the Conflict of Interest Code of
the City of Poway (the "City Code"). the model conflict of interest code set forth in California
Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political
Practices Commission;
WHEREAS, the Appendix to the City Code includes Exhibit "A" (in which officials and
employees are designated) and Exhibit "B" (in which disclosure categories are set forth), which
may be modified by City Council from time to time, and all of which together does constitute the
Conflict of Interest Code of the City of Poway;
WHEREAS, individuals holding designated positions shall file their statements of
economic interests with the City Clerk, which will make the statements available for public
inspection and reproduction (Gov. Code Sec. 81008). Upon receipt of the statements for the
Mayor, Councilmembers, City Manager, City Treasurer and the City Attorney, the City Clerk shall
make and retain copies and forward the originals to the Fair Political Practices Commission. All
other statements will be retained by the City Clerk;
WHEREAS, the City Council has designated those positions that are subject to the
reporting requirements of the Code;
WHEREAS, the Political Reform Act requires the City 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 is necessary to amend the City's Conflict of Interest Code to reflect the
deletion and addition of certain City positions.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Poway as follows:
Section 1: That the above recitals are true and correct.
Section 2: That the standard FPPC Conflict of Interest Code, as set forth in Title 2
Resolution No. 18-067
Page 2
California Code of Regulations Section 18730, and as may be amended from time to time by the
Fair Political Practices Commission, is incorporated by reference and constitutes the Conflict of
Interest Code for the City of Poway.
Section 3: That the list of designated positions subject to the requirements of the
Conflict of Interest Code are amended as set forth in Exhibit "A" and their respective disclosure
categories are set forth in Exhibit "B".
Section 4: That the City of Poway has conducted the 2018 Biennial review of its
Conflict of Interest Code, as required by the Political Reform Act, and as a result of the biennial
review determined the need for an amended Conflict of Interest Code as presented in this
resolution.
Section 5: That Resolution No. 16-055 is hereby repealed.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 7th day of November 2018.
Q
teve Vaus, Mayor
ATTEST:
ZVI
an N ,ufela, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. 18 -067 was duly adopted by the City Council
at a meeting of said City Council held on the 7th day of November 2018, and that it was so adopted
by the following vote:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Na cy a fel ,CMC, City Clerk
City o Poway
Resolution No. 18-067
Page 3
APPENDIX TO THE CITY OF POWAY CONFLICT OF INTEREST CODE:
DESIGNATED POSITIONS
EXHIBIT A
City Employees Position/Title
Disclosure Category
Assistant City Manager
1,2
Assistant Director of Public Works - Operations
1,2
Assistant Director of Public Works - Utilities
1, 2
Assistant Engineer
2, 3, 4, 5
Assistant Planner
2, 3, 4, 5
Associate Civil Engineer
2, 3, 4, 5
Associate Planner
2, 3, 4, 5
Budget Administrator
1, 2
City Clerk
1, 2
City Engineer
1, 2
City Planner
2, 3, 4, 5
Code Compliance Officer
2, 3, 4, 5
Community Outreach Coordinator
2, 3, 4,6
Community Services Manager
2, 3, 4, 6
Construction Maintenance Supervisor
2, 3, 4, 6
Contract Specialist/Inspector
2, 3, 4, 6
Customer Services Supervisor
3, 6
Deputy City Attorney
1, 2
Deputy Fire Chief
2, 3, 4, 5
Director of Community Services
1, 2
Director of Development Services
1,2
Director of Finance / Treasurer
Unlimited Disclosure
Director of Human Resources & Risk Management
1,2
Director of Public Works
1, 2
Director of Safety Services
1, 2
Economic Development Administrator
1, 2
Facilities Maintenance and Special Districts Supervisor
2, 3, 4, 6
Finance Manager
1,2
Fire Battalion Chief
2, 3, 4, 5
Fire Safety Inspector
2, 3, 4, 5
Fleet Maintenance Supervisor
3, 6
GIS Analyst
4,6
Information Technology Analyst
3, 4, 6
Information Technology Manager
3, 4, 6
Management Analyst
2, 3, 4, 6
Network and Computer Systems Administrator
3, 4, 6
Parks Maintenance Supervisor
4,6
Public Works Operations Manager
2, 3, 4, 6
Resolution No. 18-067
Page 4
City Employees Position/Title
Disclosure Category
Recreation Supervisor
3, 6
Senior Accountant
1, 2
Senior Civil Engineer
2, 3, 4, 5
Senior Code Compliance Officer
2, 3, 4, 5
Senior Fire Safety Inspector
2, 3, 4, 5
Senior Human Resources Analyst
2, 3, 4, 6
Senior Management Analyst
2, 3, 4, 6
Senior Planner
2, 3, 4, 5
Senior Recreation Supervisor
3,6
Special Projects Engineer
2, 3, 4, 5
Utility Systems Supervisor
2, 3, 4, 6
Warehouse Associate
3, 5
Wastewater Utilities Supervisor
2, 3, 4, 6
Water Treatment Plant Supervisor
2, 3, 4, 6
Water Utilities Distribution Supervisor
2, 3, 4, 6
Boards, Committees, & Commissions
Disclosure Category
Budget Review Committee
1,2
Parks & Recreation Advisory Committee
1,2
`Poway Housing Authority
Unlimited disclosure
"Public Financing Authority
Unlimited disclosure
'Successor Agency to the Poway Redevelopment Agency
Unlimited disclosure
Mayor and Councilmembers hold the positions on the Authorities and Agency marked by'
Consultants
Consultants shall be included in the list of designated employees and shall disclose pursuant to
the broadest disclosure category in this Code subject to the following limitation:
The City Manager or his or her designee, may determine in writing that a particular consultant,
although a "designated position," is hired to perform a range of duties that are limited in scope
and thus not required to fully comply with the disclosure requirements described in this Section.
Such written determination shall include a description of the consultant's duties and, based upon
that description, a statement of the extent of disclosure requirements. The City Manager's
determination is a public record and shall be retained for public inspection in the same manner
and location as the Conflict of Interest Code.
Resolution No. 18-067
Page 5
Statutory Filers; Officials Who Manage Public Investments
It has been determined that the positions listed below are either officials specifically required to
file statements of economic interests or are officials who manage public investments, as that term
is defined in 2 California Code of Regulations, Section 18701(b). These officials will file a
Statement of Economic Interests (Form 700, all schedules) without any limitation as to disclosure
categories (GC § 87200 et seq.):
Mayor
Members of the City Council
City Manager
City Attorney
Treasurer
General Provisions
All designated employees required to submit an initial Statement of Financial Interest shall
file the original with the City Clerk within thirty (30) days after the effective date of this
Resolution. Initial statements shall cover the period of the twelve (12) months prior to the date
of the adoption of this Conflict of Interest Code.
All individuals appointed, promoted, or transferred to a designated position shall file statements
within thirty (30) days of assuming office. These "assuming office" statements cover the period
of the twelve (12) months prior to the date of assuming office.
Annual statements shall be filed with the City Clerk by April 1 by all designated employees.
Such statements shall cover the period of the preceding calendar year.
Every designated employee who leaves office shall file, within thirty (30) days of leaving office,
a statement disclosing financial interests held or received at any time during the period between
the closing date of the last statement required to be filed and the date of leaving office.
Any employee serving in dual roles may file a combined statement by reporting according to
their broadest range of disclosure.
Failure to file the required statement in a timely fashion may result in the imposition of
administrative, criminal, and civil sanctions as provided in Government Code sections 81000-
91014.
Resolution No. 18-067
Page 6
EXHIBIT B
When a designated employee is required to disclose investments, business positions and sources
of income, he or she need only disclose investments in business entities and sources of
income, which do business in the jurisdiction, plan to do business in the jurisdiction or have
done business in the jurisdiction within the past two years. In addition to other activities, a
business entity is doing business within the jurisdiction if it owns real property within the
jurisdiction. When a designated employee is required to disclose interests in real property, he
or she need only disclose real property other than his principal residence, which is located in
whole or in part within or not more than two miles outside the boundaries of the jurisdiction
or within two miles of any land owned or used by the local government agency.
Designated employees shall disclose their financial interests pursuant to the appropriate
disclosure category as indicated in Exhibit "A".
DISCLOSURE CATEGORIES
1. All investments, business positions and sources of income including gifts, loans
and travel payments.
2. All interests in real property within the jurisdiction of the City.
3. All investments, business positions and sources of income including gifts, loans and
travel payments subject to the regulatory, permit or licensing authority of the
Designated Employee's department, unit or division.
4. All investments, business positions and sources of income including gifts, loans and
travel payments that are engaged in land development, construction or the
acquisition or sale of real property within the jurisdiction of the City.
5. All investments, business positions and sources of income including gifts, loans and
travel payments that provide services, supplies, materials, machinery, vehicles or
equipment of a type purchased or leased by the City.
6. All investments, business positions and sources of income including gifts, loans and
travel payments that provide services, supplies, materials, machinery or equipment
of a type purchased or leased by the Designated Employee's department, unit or
division.