Res 06-082
RESOLUTION NO. 06-082
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. 04-092
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, City Clerk 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. 06-082
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. 04-092 is hereby rescinded.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 17th day of October 2006.
ATTEST: ~
L~~ Shea, City ClerK
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 06-082 was duly adopted by the City Council at
a meeting of said City Council held on the 17th day of October 2006, and that it was so
adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
~~~~~
City of Poway
Resolution No. 06-082
Page 3
CITY OF POWAY CONFLICT OF INTEREST CODE
ATTACHMENT A
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 1st 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 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. 06-082
Page 4
Bud et Review
Communit Fine Arts Adviso
Housin Commission
Parks & Recreation
Performin Arts Adyiso
Redevelo ment & Housin
Tree Committee
3,6
3,6
3,4,6
3,4,6
3,6
3,4,6
3,6
Unlimited disclosure
1,2
2,3,4,6
2,3,4,6
Unlimited disclosure
1,2
1,2
Unlimited disclosure
1,2
Director of Administrative Services/
Treasurer File or . w/FPPC 87200 Filer
Assistant Director of Administrative Services
Finance Mana er
Human Resources Mana er
Information S stems Mana er
Revenue and Business Activit
Senior Accountant
Senior Mana ement Anal st
Network Administrator
Com uter A Iications Coordinator
Multimedia S ecialist
1,2
3,7
3,7
6,7
3, 7
1,2
6, 7
6,7
6,7
6,7
1,2
2,3,4,6
3,7
3,7
3,4,7
3,4,7
Resolution No. 06-082
Page 5
1,2
1,2
2,3,4,6
2,3,4,6
2,3,4,6
2,3,4,6
2,3,4,7
2,3,4,7
2,3,4,7
2,3,4,7
2,3,4,7
2,3,4,7
2,3,4,7
2,3,4,7
2,3,4,7
2,3,4,6
ervisor
1,2
1,2
2,3,4,6
3,7
2,3,4,6
2,3,4,6
2,3,4,6
2,3,4,6
2,3,4,6
2,3,4,6
2,3,4,6
2,3,4,6
2,3,4,6
2,3,4,6
2,3,4,6
2,3,4,6
2,3,4,6
2,3,4,6
Safet Services Director
Fire Diyision Chief
Senior Fire Ins ector
1,2
3,7
2,3,4,6
Resolution No. 06-082
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/Redevelopment Agency/
Public Finance Authority
City Manager
City Clerk
City Attorney
City Treasurer
Resolution No. 06-082
Page 7
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 Attachment 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.