Res 08-078
RESOLUTION NO 08-078
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 06-082
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, 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, personnel changes in the City and the dissolution of the Performing
Arts Advisory Committee 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 08-078
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 06-082 is hereby rescinded.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 14th day of October 2008
A TTES . ~
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No 08-078 was duly adopted by the City
Council at a meeting of said City Council held on the 14th day of October 2008, and that it
was so adopted by the following vote
AYES BOYACK, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN' NONE
ABSENT EMERY
DISQUALIFIED' NONE
Resolution No 08-078
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 15t 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 08-078
Page 4
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Budget Review 3, 6
Community Fine Arts Advisory 3, 6
Housing Commission 3,4,6
Parks & Recreation 3,4,6
Redevelopment & Housing Advisorv 3,4,6
Tree Committee 3, 6
LEGISLA'TiIVE SERVICES
City Manager (File org. w/FPPC 87200 Filer) Unlimited disclosure
Assistant City Manager 1,2
Senior Management Analyst 2,3,4,6
City Attorney (File orq w/FPPC 87200 Filer) Unlimited disclosure
Deputy City Attorney 1,2
City Clerk (File org w/FPPC 87200 Filer) Unlimited disclosure
ADMINISTRATIVE SERVICES
Director of Administrative Services/ Unlimited disclosure
Treasurer (File org w/FPPC 87200 Filer)
Assistant Director of Administrative Services 1,2
Finance Manager 3, 7
Human Resources Manager 3, 7
Information Systems Manager 6, 7
Revenue and Business Activity Manager 3, 7
Senior Accountant 1,2
Senior Management Analyst 6, 7
Network Administrator 6, 7
Computer Applications Coordinator 6, 7
Multimedia Specialist 6, 7
COMMUNITY SERVICES
Community Services Director 1,2
Community Services Manager 2,3,4,6
Senior Recreation Supervisor 3, 7
Recreation Supervisor 3, 7
Senior Management Analyst 3,4,7
Assistant Director of Community Services 1,2
Resolution No 08-078
Page 5
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Development Services Director 1, 2
City Engineer 1, 2
Principal Civil Engineer 2, 3, 4, 7
Senior Civil Engineer 2, 3, 4, 6
Senior Traffic Engineer 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
Senior Code Compliance Officer 2, 3, 4, 6
Code Compliance Officer 2, 3, 4, 7
Senior Management Analyst 2, 3, 4, 7
NPDES Management Assistant 2, 3, 4, 7
Construction Manager 2, 3,4, 7
Associate Civil Enqineer 2, 3, 4, 7
Technician 2, 3,4,6
PUBLIC WORKS
Public Works Director 1, 2
Assistant Public Works Director 1, 2
Public Works Operation Manager 2, 3, 4, 6
Fleet and Facility Maintenance Supervisor 3, 7
Streets and Drainage Supervisor 2, 3, 4, 6
Water Treatment Plant Supervisor 2, 3, 4, 6
Water Utilities Supervisor 2, 3, 4, 6
Public Works Program Coordinator 2, 3, 4, 6
Contract Inspector 2, 3, 4, 6
Senior Management Analyst 2, 3, 4, 6
Management Analyst 2, 3, 4, 6
Assessment District Specialist 2, 3,4,6
Shop Assistant 2, 3, 4, 6
Warehouse Assistant 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
Senior Fire Inspector 2, 3.4, 6
Resolution No 08-078
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.
Consultants 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 ARE STATUTORY FILERS OR 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) or
are otherwise required by statute to disclose economic interests, 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 08-078
Page 7
ATTACHMENT B
General Provisions
When a designated employee is required to disclose investments and sources of
income, the employee 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, the employee need only disclose real property other than his
or her 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, stlpplies, materials, machinery, or
equipment.
7 Business positions