Item 1.4 - Approval of the Amendment & Biennial Review of the Conflict of Interest CodeCity of Poway
COUNCIL AGENDA REPORT
Cn'f' IN THE GO
DATE:
TO:
FROM:
INITIATED BY:
SUBJECT:
Summary:
October 21, 2014
APPROVED a
APPROVED AS AMENDED ❑
(SEE MINUTES)
DENIED ❑
REMOVED ❑
CONTINUED
Resolution No. ' �S
Honorable Mayor and Members of the City Council
Daniel Singer, City Manager �Z
Sheila R. Cobian, CIVIC, City Clerk,
Amendment and Biennial Review of the City's Conflict of Interest
Code
Government Code Section 87300 et seq. requires local governments to review their Conflict of Interest
Code biennially to determine its accuracy and to make necessary or desired amendments. This
Resolution updates the City's Conflict of Interest Code to address personnel changes.
Recommended Action:
1. Adopt a Resolution amending the Conflict of Interest Code deleting positions that no longer exist
and including new City positions as designated employees.
2. Confirm the biennial review of the Conflict of Interest Code as required by the Political Reform
Act.
Background:
The Political Reform Act requires each local agency to review its Conflict of Interest Code biennially to
determine if it should be amended.
Findings:
State law requires that the City's Conflict of Interest Code be reviewed at least once every two years
and updated as necessary to reflect changes in designated positions and disclosure categories.
During this year's review, it was determined that due to reorganization resulting in changes in staff
positions, the list of designated positions must be updated and approved.
The City of Poway adopts the Fair Political Practices Commission's Conflict of Interest Code by
reference and, as such, the body of the Conflict of Interest Code is up to date.
Fiscal Impact:
None at this time.
Public Notification:
None.
Attachments:
A. Resolution Adopting Amended Conflict of Interest Code
1 of 8 October 21, 2014 Item # 1.4
RESOLUTION NO. 14-
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 RESCINDING RESOLUTION NO. 12 -022
WHEREAS, the Political Reform Act of 1974, Government Code Sections
81000, et seq., requires every City to adopt and promulgate a Conflict of Interest Code
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; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2
California Code of Regulations Section 18730, which contains the terms of a standard
Conflict of Interest Code, which can be incorporated by reference and may be amended by
the Fair Political Practices Commission after public notice and hearings to conform to
amendments in the Political Reform Act; and
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; and
WHEREAS,. 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; and
WHEREAS, designated employees shall file Statements of Economic Interests with
the City Clerk who will make the statements available for public inspection and
reproduction per Government Code Section 81008. Upon receipt of the statements of the
Mayor, Councilmembers, City Manager, City Treasurer and the City Attorney, the City
Clerk shall make and retain a copy and forward the original of these statements to the Fair
Political Practices Commission. Statements for all other designated employees will be
retained by the City Clerk; and
WHEREAS, the City Council has designated those positions that are subject to the
reporting requirements of the Code; and
WHEREAS, it is necessary to amend the City's Conflict of Interest Code to reflect the
deletion and addition of certain City positions; and
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.
Attachment A
2 of 8 October 21, 2014 Item # 1.4
Resolution No.
Page 2
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 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 2014 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. 12 -022 is hereby rescinded.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 21st day of October 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. was duly adopted by the City
Council at a meeting of said City Council held on the 21 st day of October 2014, and
that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CMC, City Clerk
City of Poway
3 of 8 October 21, 2014 Item # 1.4
Resolution No.
Page 3
EXHIBIT A
CITY OF POWAY CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS
General Provisions
1. 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.
2. 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 months prior to the date of
assuming office.
3. 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.
4. 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.
5. Any employee serving in dual roles may file a combined statement by reporting
according to their broadest range of disclosure.
6. Failure to file the required statement
imposition of administrative, criminal,
Government Code sections 81000 - 91014.
in a timely fashion may result in the
and civil sanctions as provided in
4 of 8 October 21, 2014 Item # 1.4
Resolution No.
Page 4
POSITION
DISCLOSURE
CATEGORIES
COMMITTEES /BOARDS /COMMISSIONS
Budget Review
3,6
Parks & Recreation
3, 4, 6
374—,6
*Successor Agency of the Poway Redevelopment Agency
Unlimited disclosure
Oversight Board to the Successor Agency of the Poway
Redevelopment Agency
Unlimited disclosure
*Public Financing Authority
Unlimited disclosure
*Poway Housing Authority
Unlimited disclosure
LEGISLATIVE SERVICES
City Manager (File org. w /FPPC 87200 Filer)
Unlimited disclosure
Assistant City Manager
1,2
Legislative ndVYllilistiratEA-F
2 � A 6
7 � TV
Management AssistantlAnalyst
- 2, 3, 4, 6
Economic Development. Manager
1,2
City Attorney (File org. w /FPPC 87200 Filer)
Unlimited disclosure
Deputy City Attorney
1,2
City Clerk
1,2
Deputy City Clerk
1,2
ADMINISTRATIVE SERVICES
Director of Administrative Services/ Treasurer
File org. w /FPPC 87200 Filer)
Unlimited disclosure
Assistant Director of Administrative Services
1,2
Finance Manager
3,7
Human Resources Manager
3,7
Customer Services Supervisor
3,7
Information-Technology Manager
6,7
Senior Accountant
1,2-
Senior Management Analyst
6,7
Network Administrator
g, 7
Information Technology Analyst
6,7
COMMUNITY SERVICES
Director of Community Services
1,2
Community Services Manager
2,3,4,-6
Senior Recreation Supervisor
3,7
Recreation Supervisor
3,7
Senior Management Analyst
2, 3, 4, 7
Mayor and Councilmembers hold the positions on the Authorities and Agency marked by *
5 of -8 - October 21, 2014 Item # 1.4
Resolution No.
Page 5
POSITION
DISCLOSURE
CATEGORIES
DEVELOPMENT SERVICES
Director of Development Services
1,2
-City Engineer
1,2
Senior Civil Engineer
2, 3, 4, 6
SeniG Traffin Engineer
2
-Special Projects Engineer
2, 3, 4, 6
-City Planner
2, 3, 4, 7
Senior Planner
2, 3, 4, 7
Associate Planner
2, 3, 4, 7
Code Compliance Officer
2, 3, 4, 7
Senior Management Analyst
2, 3, 4, 7
-Management Analyst
2, 3, 4, 7
Construction Coordinator
2, 3, 4, 7
Associate Civil Engineer
2, 3, 4, 7
-Development Services Technician
2, 3, 4, 6
SenieF Redevelopment Analyst
3 , 4,, -
PUBLIC WORKS
Director of Public Works
1,2
Assistant Director of Public Works
1,2
Public Works Operations Manager
2, 3, 4, 6
Fleet Maintenance Supervisor
3,7
Construction Maintenance Supervisor
2, 3, 4, 6
Water Treatment Plant Supervisor
2, 3, 4, 6
Water Utilities Supervisor
2, 3, 4, 6
Contract Special ist/I ns ector
2, 3, 4, 6
Senior Management Analyst
2, 3, 4, 6
Management Analyst
2, 3, 4, 6
Assessment District Specialist
2,'3, 4, 6
Warehouse Associate
2, 3, 4, 6
Parks Maintenance Supervisor
2, 3, 4, 6
Public Works Supervisor
2, 3, 4, 6
Utility Systems Supervisor
2, 3, 4, 6
Public Works Utilities Manager
2, 3, 4, 6
Utilities Add nicn4�
2 ^ (^
=i^ t t
Public Works Administrator
2, 3, 4, 6
SAFETY SERVICES
Safety Services Director
1,2
Fire Division Chief
3,7
Senior Fire Safety Inspector
2, 3, 4, 6
Fire Safety Inspector
2, 3, 4, 6
6 of 8 October 21, 2014 Item # 1.4
Resolution No.
Page 6
CONSULTANTS. Consultants shall be included in the list of designated employees and
shall file economic statements when, pursuant to a contract with the City, the consultant
either: (a) makes government decisions, or (b) "serves in a staff capacity" performing the
same or substantially all the same duties for the City that would otherwise be performed
by an individual holding a designated position in this Conflict of Interest Code.
Consultant does not include a person who performs duties pursuant to a contract with
the City but possesses no authority with respect to any City_ decision beyond the
rendition of information, advice, recommendation or counsel.
Consultants who "serve in a staff capacity" as described in (b) above shall disclose
financial interests in the same manner as is required for the designated position the
duties for which are performed, in whole or part, by the consultant. .
Consultant who make government decisions pursuant to (a) above shall disclose financial
interests according to disclosure categories 1 -7, with the following limitation: The City
Manager or his or her designee, may determine that a particular consultant, although in a
"designated position ", is hired to perform a range of duties that is limited in scope and thus is
not required to fully comply with the disclosure requirements described in this section. Such
determination shall include a description of the consultant's duties and, based upon that
description, a statement of the extent of disclosure required. The determination shall be
included in the contract by which the consultant is hired by the City. The City Manager's
determination is a public record and shall be retained for public inspection in the same
manner and location as this Conflict of Interest Code.
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS. It has been determined that the
positions listed below manage public investments, as that term is defined in 2 Cal. Code of
Regulations, Section 18701(b) and will file a Statement of Economic Interests (Form 700, All
Schedules) without any limitation as to disclosure categories, pursuant to Government
Code Section 87200:
Mayor
Members of the City Council
City Manager
City Attorney
City Treasurer
7 of 8 October 21, 2014 Item # 1.4
Exhibit B
General Provisions
Resolution No.
Page 7
When a designated employee is required to disclose investments and sources of
income, he 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 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. Investments and sources of income.
2. Interests in real property.
3. Investments, interests in real property, and sources of income subject to
regulatory, permit or licensing authority of the department.
4. Investments in business entities and sources of income that engage in land
development, construction or the acquisition or sale of real property.
5. Investments in business entities and sources of income of the type which,
within the past two years, have contracted with the City of Poway to provide
services, supplies, materials, machinery or equipment.
6. Investments in business entities and sources of income of the type which,
within the past two years, have contracted with your department to provide
services, supplies, materials, machinery or equipment.
7. Business positions.
8 of 8 October 21, 2014 Item # 1.4