Loading...
Res 16-055RESOLUTION ISO. 16-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITE' F P 11 A, CALIFORNIA ADOPTING G A AMENDED CONFLICT OF INTEREST CODE UPDATING DESIGNATED EMPLOYEES AND OFFICERS AND REPEALING G ES LUTI 11. 14-058 WHEREAS, the Political Reform Act of 1974, Government Coda Sections 81 000# 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; WHEREAS, EAS, the Fair Political Practices Commission FPPC 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; WHEREAS, EAS, 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; 11HEEASr the Ap pend ix 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, 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, Counoilrnember , City Manager, City Treasurer and the City Attorney, the City Clerk shall make and retain a copy and for ward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees 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, EAS, 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 revie w its Conflict of Interest Code biennially to determine if it is accurate or, alternatively that the code must be amended. Resolution No. 16-055 Page 2 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Poway as follows: -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 forthe 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". M w Section 4: That the City of'Poway has conducted the 2016 Biennial review 0 its Conflict of Interest Code, as required by the: Political Reform Act, and as a result o de a, the biennial review determined the need for an amended Conflict of Interest Cou 11 presented in this resolution. A�il le, PASSED, 'ADOPTED AND APPROVED by the City Council of the City of' Poway, California, at a regular meeting this 6th day of December 2016. e taus, Mayor Nancy Ofeuf MC, City Clerk Resolution No. 16-055 Page 3 STATE OF CALIFORNIA ) )SS COUNTY OFSAN DIEGO) e 1, Nancy Neufeld,, City Clerk of the City of Poway, California, do hereby certify under penalty of pe 'ury that the foregoing Resolution No. 16­055 was du]y adopted by ri the City Cou�ncil at" a meeting of said City Council held on the 6th day of December 2016, and that it was so adopted by e, vote: AYES.- LEONARD, GROSCH, MULLIN, CUNNINGHAM,, VAUS NOES: NONE ABSENT NONE Nancy,f4euield,"CMC, City Clerk City of Poway Resolution N . 16 -055 Page APPENDIX TO THE CITY OF P W Y CONFLICT OF INTEREST CODE EXHIBIT DESIGNATED POSITIONS General Provisions All designated employees required to submit an initial Statement of Financial Interest shall file the original with the City Clerk within thirty 3 days after the effective date of this Resolution. Initial statements shall cover the period of the twelve 1 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 3 days of assuming office. These "assurning office" statements cover the period of the twelve 12 months prior to the date of assuming office. 3. Annual statements shall be flied 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 filer within thirty 3 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 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. 1 -055 Page POSITION DISCLOSURE CATEGORIES COMMITTEES/BOARDS/COMMISSIONS Budget Review 3, Parks & Recreation 33 , `Successor Agency of the Poway Redevelopment Agency Unlimited disclosure Oversight Board to the Successor Agency of the Poway Redevelopment Ageng 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 Management Assistant Analyst 213, 4, Economic Development Manager 1 P 2 City Attorney (File org. w FPPC 87200 Filer) Unlimited disclosure Deputy City Attorney 112 City Clerk 1 , 2 Deputy City Clerk 13 ADMINISTRATIVE SERVICES Director of Administrative Services/ Treasurer (File org. wFPPC 87200 Filer Unlimited disclosure Assistant Director of Administrative Services 1, 2 Finance Manager 33 7 Human Resources Manager 3, 7 Customer Services Supervisor 3, 7 Information Technology Manager 617 Senior Accountant 112 Senior Management Analyst 61 Network Administrator 6371 Information Technology Analyst 617 COMMUNITY SERVICES Director of Community Services t Community Services Manager 2, 31 , 8 Senor Recreation Supervisor 32 7 Recreation Supervisor 3, 7 Senior Management Analyst 2, 31 4, 7 Mayor and Councilmembers hold the positions on the Authorities and Agency marked by Resolution 1. 16 -056 Page 6 POSITION DISCLOSURE CATEGORIES DEVELOPMENT SEF ICES Director of Development Services 12 City Engineer 112 Senior Civil Engineer 2, 3, 4, 6 Special Projects Engineer 2, 31 4, 6 City Planner 2, 31 4, Senior Planner 2r 31 41 Associate Planner 2, 3, 4, Code Compliance Officer 21 3, 41 7 Senior Management ement Anal st 213, 41 Management Anal st 2, 3, 41 7 anatrarr•#ian nnrd ;rh %tryr Conservation Administrator 29 39 41 Associate Civil Engineer 2, 31 4, Development Services Technician 2, 33 41 6 PUBLIC WORKS Director of Public Works 1, 2 Assistant Director of Public Works 1, 2 Public Works Operations Manager 2332 4, 6 Fleet Maintenance Supervisor 31 Construction Maintenance Supervisor 2, 31 4r 6 Water Treatment Plant Su ervis r 22 31 4r 6 Water Utilities Supervisor 2, 31 4, 6 Contract Special istlns ectr 2, 33436 Senior Management Analyst 2, 31 41 6 Management Analyst 21 3, 4, 6 Assessment District Specialist 2, 3, 4, 6 Warehouse use Associate 213, 4, 6 Perks Maintenance Supervisor 213, 4, 6 Public Works Supervisor 213, 4, 6 Utility Systems Supervisor 21 3, 4, 6 Public Works Utilities Manager 2, 3r 4r 6 Public Works Administrator 2, 31 41 6 SAFETY SERVICES Safety Services Director 1$2 1 Por-a-Dwir'monn- Deputy Fire Chief 31 Fire Baftalion Clef 3, Senor Fire Safety Inspector 233, 41 6 Fire Safety Inspector 21 3 , 41 Resolution No. 16-055 Page CONSULTANTS. NTS. 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, orb "serves in a staff capacity" performing the salve 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 "serge in a staff capacity" as described in b above shall disclose financial interests in the salve manner as is required for the designated position the duties for which are performed, in whole or part, by the consultant. Consultants who make government decisions pursuant to a above shall disclose financial interests according to disclosure categories 1-7t 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. STATUTORY Y FILERS; OFFICIALS WHO MANAGE PUBLIC INVESTMENTS TS. 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: Mayor Members of the City Council City Manager City Attorney Treasurer EXHIBIT GENERAL PROVISIONS, Resolution Igo. 16-055 Page 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 f the jurisdiction or within two mils 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 rears property. 3. Investments, interests in real property, and sources of income subject to regulatory, permit or licensing authority of th 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.