Res 03-082 RESOLUTION NO. 03-082
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ADOPTING THROUGH INCORPORATION BY
REFERENCE THE FAIR POLITICAL PRACTICES
COMMISSION'S STANDARD CONFLICT OF INTEREST CODE
2 CALIFORNIA CODE OF REGULATIONS SECTION 18730
AND RESCINDING RESOLUTION NO. 02-117
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. It can be incorporated by reference and may be amended by
the Fair Politica~ Practices Commission after public notice and hearings to conform to
amendments in the Political Reform Act. Therefore, the terms of 2 California Code of
Regulations Section 18730 and any amendments to it duly adopted by the Fair Political
Practices Commission are hereby incorporated by reference and, along with Attachment
"A" in which officials and employees are designated and Attachment "B" in which
disclosure categories are set forth, 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, a revision to the Commission's Standard Conflict of Interest Code
regarding officials who manage public investments and reclassification of other
employees make it necessary to amend the list of positions subject to the reporting
requirements of the Political Reform Act.
Resolution No. 03-082
Page 2
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Poway as follows:
Section 1: That the above recitations are true.
Section2: That the standard Conflict of Interest Code 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 Attachment
"A" and their respective disclosure categories are set forth in
Attachment "B".
Section 4: That Resolution No. 02-117 is hereby rescinded.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 21st day of October 2003.
Be'~y- eF~oi'd, Deity Mayor
ATTEST:
Lon onne ~eop~es, City Clerk F
t
Resolution No. 03-082
Page 3
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Lcd Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 03-082 was duly adopted by the
City Council at a meeting of said City Council held on the 21st day of October 2003, and
that it was so adopted by the following vote:
AYES: EMERY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: GOLDBY, CAFAGNA
~tr~o~l~eowPae~)Ples, CityCzerkF -
Resolution No. 03-082
Page 4
ATTACHMENT A
POSITION DISCLOSU RE
CATEGORIES
COMMITTEES/COMMISSIONS/TASK FORCES
APPOINTED BY THE CITY COUNCIL
-Budget Review 3, 6
Housing Commission 3, 4, 6
Parks & Recreation 3, 4, 6
Performing Arts Advisory 3, 6
Redevelopment & Housing Advisory 3, 4, 6
Senior Issues 3, 6
Teen Issues 3, 6
Tree Committee 3, 6
LEGISLATIVBADMINISTRATIVE
Deputy City Manager 1, 2
Assistant City Attorney 1, 2
Deputy City Attorney 11 2
City Clerk 1, 2
Deputy City Clerk 1, 2
Senior Management Analyst 2, 3, 4, 6
Management Analyst 2, 3, 4, 6
ADMINISTRATIVE SERVICES
Deputy Director 1, 2
Revenue and Business Activity Manager 3, 7
Finance Manager 3, 7
Human Resources Manager 3, 7
Information Systems Manager 6, 7
Senior Accountant 1, 2
Accountant 1, 2
Senior Management Analyst 6, 7
Management Analyst 6, 7
Network Administrator 6, 7
Computer Applications Coordinator 6, 7
COMMUNITY SERVICES
Community Services Director 1,2
Community Services Manager 2, 3, 4, 6
Cultural Services Manager 3, 7
Senior Recreation Supervisor 3, 7
Recreation Supervisor 3, 7
Senior Management Analyst 3, 4, 7
Resolution No. 03-082
Page 5
POSITION DISCLOSURE
CATEGORIES
Management Analyst 3, 4, 7
Multimedia Specialist 3, 4, 7
DEVELOPMENT SERVICES
Development Services Director __ 1, 2
_City Engineer I 1,2
Senior Civil Engineer 2, 3, 4, 6
Senior Traffic Engineer 2, 3, 4, 6
Assistant City Engineer 2, 3, 4, 6
Assistant Engineer 2, 3, 4, 6
Associate Engineer _ 2, 3, 4, 6
Engineering Inspection Supervisor/NPDES Coordinator 2, 3, 4, 6
City Planner 2, 3, 4, 7
Senior Planner 2, 3, 4, 7
Associate Planner 2, 3, 4, 7
Assistant Planner 2, 3, 4, 7
Code Compliance Officer 2, 3, 4, 7
Development Services Technician 2, 3, 4, 7
Senior Management Analyst~ 2, 3, 4, 7
NPDES Management Assistant 2, 3, 4, 7
Assistant Traffic Engineer 2, 3, 4, 7
Lead Engineer Inspector 2, 3, 4, 7
Associate Civil Engineer 2, 3, 4, 7
Construction Manager 2, 3, 4, 7
PUBLIC WORKS
Public Works Director 1, 2
Assistant Public Works Director 1,2
PublicWorks Operations Manager -~, 3, 4, 6
Fleet and Facility Maintenance Supervisor 3, 4, 7
Parks Maintenance Coordinator 3, 4, 7
Streets Supervisor I 2, 3, 4, 6
Wastewater Utilities Supervisor 2, 3, 4, 6
Water Treatment Plant Supervisor 2, 3, 4, 6
Water Utilities Supervisor 2, 3, 4, 6
Senior Management Analyst 2, 3, 4, 6
Management Analyst 2, 3, 4, 6
Assessment District Specialist 2, 3, 4, 6
Parks Maintenance Supervisor 2, 3, 4, 6
Public Works Program Coordinator 2, 3, 4, 6
Utility Systems Supervisor 2, 3, 4, 6
Drainage Supervisor __ __ _ 2, 3, 4, 6
Resolution No. 03-082
Page 6
POSITION DISCLOSURE
CATEGORIES
Water Utilities Manager 2, 3, 4, 6
SAFETY SERVICES
Safety Services Director 1,2
Fire Division Chief 3, 7
__Fire Prevention Spe~cialist~ ....... ~ 2_,__4,_6__
CONSULTANTS. Consultants shall be included in the list of designated
employees and shall disclose pursuant to the broadest disclosure category in the
code subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although 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 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 this
Conflict of Interest Code.
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS. It has been determined
that the positions listed below manage public investments and will file the Form 700
Statement of Economic Interests:
Director of Administrative Services/City Treasurer
Finance Manager
Senior Accountant
Resolution No. 03-082
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ATTACHMENT B
General Provisions
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 iurisdiction 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
iurisdiction. 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 Appendix A.
Disclosure Categories
Category 1: All investments and business positions in business entities, and
sources of income.
Category 2: All interests in real property.
Category3: All investments, and business positions in business entities,
interests in real property and sources of income subject to the
regulatory, permit or licensing authority of the department, board of
commission.
Category4: Investments and business positions in business entities and
sources of income, which engage in land development,
construction or the acquisition or sale of real property.
Category 5: Interests and business positions in real property located within two
miles of any land owned or used by the City of Poway.
Category6: Investments and business positions 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.
Category7: Investments and business positions in business entities and
sources of income of the type which, within the past two years have
contracted with the designated employee's department or board or
commission, to provide services, supplies, materials, machinery or
equipment.