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.