Res 04-092
RESOLUTION NO. 04-092
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. 03-082
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 Political 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.
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.
Resolution No. 04- 092
Page 2
Section 2: 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. 03-082 is hereby rescinded.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 26th day of October 2004.
ATTEST:
~U'4.~ (1,)~
Sherrie D. Worrell, Deputy City Clerk
STATE OF CAliFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 04- 092 was duly adopted by
the City Council at a meeting of said City Council held on the 26th day of October 2004,
and that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
~lJn1.-J ~1.LLf
Sherrie D. Worrell, Deputy City Clerk
City of Poway
Resolution No. 04-092
Page 3
ATTACHMENT A
1~~~'''II~il _$<t~$~"
~~lIeG<>lItfl.$
COMMIT11EE$/~<>MM'$$loN$I1'A$KiF<>RCe$
APPOINiTEDBV THECJrrY'COUNCIL
Budaet Review 3, 6
Housina Commission 3, 4, 6
Parks & Recreation 3, 4, 6
Performina Arts Advisorv 3, 6
Redevelopment & Housina Advisorv 3, 4, 6
Senior Issues 3, 6
Teen Issues 3, 6
Tree Committee 3, 6
LE.GI.SI.ATIVE/ADMIINIISiTRATlve
Assistant Citv Manaaer 1, 2
Assistant Citv Attornev 1, 2
Deputv Citv Attorney 1, 2
City Clerk 1, 2
Deputy City Clerk 1, 2
Senior Manaaement Analvst 2, 3, 4, 6
Manaaement Analvst 2, 3, 4, 6
Manaaement Assistant 2, 3, 4, 6
ADMINISTRATIVE SERVICES
Director of Administrative Services (File org. w/FPPC) 1, 2
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 Manaaement Analvst 6, 7
Network Administrator 6, 7
Computer Applications Coordinator 6, 7
Multimedia Specialist 6, 7
COMMUNI'11YSERVICES
Communitv Services Director 1, 2
Communitv Services Manaaer 2, 3, 4, 6
Senior Recreation Supervisor 3, 7
Recreation Supervisor 3, 7
Senior Management Analyst 3, 4, 7
Management Analyst 3, 4, 7
Resolution No. 04-092
Page 4
POSITION DISCLOSURE
CATEGORIES
DEVELOPMENT SERVICES
Development Services Director 1,2
City Engineer 1,2
Senior Civil Engineer 2,3,4,6
Senior Traffic Engineer 2,3,4,6
Assistant Citv Enaineer 2,3,4,6
Assistant 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
Senior Manaaement Analyst 2,3,4,7
NPDES Manaaement Assistant 2,3,4,7
Assistant Traffic Engineer 2,3,4,7
Associate Civil Engineer 2,3,4,7
Construction Manaaer 2,3,4,7
PUBLIC WORKS
Public Works Director 1,2
Assistant Public Works Director 1,2
Public Works Operations Manager 2,3,4,6
Fleet and Facility Maintenance Supervisor 3,4,7
Parks Maintenance Coordinator 3,4,7
Streets and Drainage Supervisor 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 ManaQement Analvst 2,3,4,6
ManaQement 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
Utilities Manager 2,3,4,6
SAFETY SERVICES
Safety Services Director 1,2
Fire Division Chief 3,7
Resolution No. 04-092
Page 5
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. 04-092
Page 6
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 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 Appendix A.
Disclosure Categories
1.
Investments (A-1, A-2, C) and sources of income (A-2, C, D, E, F).
2.
Interests in real property (A-2, B, C).
3.
Investments (A-1, A-2, C), interests in real property (A-2, B, C), and
sources of income (A-2, C, D, E, F) subject to regulatory, permit or
licensing authority of the department.
4.
Investments (A-1, A-2, C) in business entities and sources of
income that engage in land development, construction or the
acquisition or sale of real property.
5.
Investments (A-1, A-2, C) 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 (A-1, A-2, C) in business entities and sources of
income (A-2, C, D, E, F) 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 (A-2, C).