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Res 20-074RESOLUTION NO. 20-074 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. 18-067 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 attached hereto as "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 for 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. Resolution No. 20-074 Page 2 SECTION 2: That the standard FPPC Conflict of Interest Code, as set forth in Title 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 2020 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. 18-067 is hereby repealed. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 1st day of September, 2020 by the following vote, to wit: AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: /(444/3 CALLAV Carrie Gallagher, CMC, Interco City Clerk Resolution No. 20-074 Page 3 EXHIBIT A APPENDIX TO THE CITY OF POWAY CONFLICT OF INTEREST CODE: DESIGNATED POSITIONS City Employees Position/Title Disclosure Category Accountant 1, 2 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 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 Chief 1, 2 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 Resolution No. 20-074 Page 4 City Employees Position/Title Disclosure Category Principal Civil Engineer - Utilities 2, 3, 4, 5 Public Works Operations Manager 2, 3, 4, 6 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 Special Projects Engineer 2, 3, 4, 5 Utilities Administrator 2, 3, 4, 6 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. 20-074 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 of each year 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. 20-074 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.