Res 10-064RESOLUTION NO. 10 -064
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 THE AMENDED
LIST OF DESIGNATED POSITIONS SUBJECT TO THE REPORTING
REQUIREMENTS OF THE AGENCY'S CONFLICT OF INTEREST CODE AND
RESCINDING RESOLUTION NO. 08 -078
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 Exhibit "A" in
which officials and employees are designated and Exhibit "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 reclassification of other employees and the dissolution of the
Housing Commission 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. 10 -064
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 Exhibit "A"
and their respective disclosure categories are set forth in Exhibit "B ".
Section 4 : That Resolution No. 08 -078 is hereby rescinded.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 9th day of November 2010.
�C3y� �t nom
Don Higginson, May r
ATT ST:
as l royan, MMC, City Clerk
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. 10 -064 was duly adopted by the City
Council at a meeting of said City Council held on the 9th day of November 2010, and that
it was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, MULLIN, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
A. Troyan, MMC
'Poway
Resolution No. 10 -064
Page 3
CITY OF POWAY CONFLICT OF INTEREST CODE
Exhibit 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 1 st 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. 10-064
Page 4
POSITIOW'
.'-DlSCLOSURE*.-
'CATEG61RIES"'
COMMITTEES/COMMISSIONS/TASK ES
APPOINTEDBY THE CITY COUNCIL ..."�.
Budget Review
3,6
Parks & Recreation
3, 4, 6
Redevelopment & Housing Advisory
3,4,6
Tree Committee
3,6
LEGISEATIVE SERVICES"'
City Manager (File or g. w/FPPC 87200 Filer)
Unlimited disclosure
Assistant City Manager
1,2
Legislative Administrator
2,3,4,6
Management Analyst
2, 3,4,6
City Attorney (File or g. w/FPPC 87200 Filer)
Unlimited disclosure
Deputy City Attorney
1,2
City Clerk
1,2
.;ADMINISTRATIVE SERVICES'"= *"', -
Director of Administrative Services/
Treasurer (File or g. w/FPPC 87200 Filer)
Unlimited disclosure
Assistant Director of Administrative Services
1, 2
Finance Manager
3,7
Human Resources Manager
3,7
Information Technology Manager
6,7
Senior Accountant
1,2
Senior Management Analyst
6,7
Information Technology Analyst
6,7
COMMUNITY, SERVIC ES`
Community Services Director
1,2
Assistant Director of Community Services
1,2
Community Services Manager
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. 10 -064
Page 5
'POSITION:';
;. '•r r ," '' "` ;�'
DISCLOSURE ::
s y.�, CATEGORIES ;.-
DEVELOPMENT SERVICES: :'
Development Services Director
1, 2
City Engineer
1,2
Principal Civil Engineer
2, 3, 4, 6
Senior Traffic Engineer
2, 3, 4, 6
Special Projects Engineer
2, 3, 4, 6
Assistant Engineer
2, 3, 4, 6
Engineering Inspection Supervisor
2, 3, 4, 6
City Planner
2, 3, 4, 7
Senior Planner
2, 3, 4, 7
Associate Planner
2, 3, 4, 7
Code Compliance Officer
2, 3, 4, 7
Senior Code Compliance Officer
2, 3, 4, 7
Senior Management Analyst
2, 3, 4, 7
Stormwater Program Administrator
2, 3, 4, 7
NPDES Management Analyst
2, 3, 4, 7
Construction Coordinator
2, 3, 4, 7
Associate Civil Engineer
2, 3, 4, 7
Technician
'2, 3, 4, 6
WORKS,i
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
Construction Maintenance Supervisor
2, 3, 4, 6
Water Treatment Plant Supervisor
2, 3, 4, 6
Water Utilities Supervisor
2, 3, 4, 6
Contract Special ist/1 ns ector
2, 3, 4, 6
Senior Management Analyst
2, 3, 4, 6
Management Analyst
2, 3, 4, 6
Assessment District Specialist
2, 3, 4, 6
Public Works Shop Specialist
2, 3, 4, 6
Warehouse Associate
2, 3, 4, 6
Parks Maintenance Supervisor
2, 3, 4, 6
Public Works Program & Contracts Coordinator
2, 3, 4, 6
Utility Systems Supervisor
2, 3, 4, 6
Public Works Utilities Manager
2, 3, 4, 6
Water Conservation Administrator
2, 3, 4, 6
Resolution No. 10 -064
Page 6
s _ " POSITIOWk rx":,:•q , ;., ° t'• ,`:
" DISCLOSURE;i .
,
_ -,.;_
CATEGORIES,'
r
Safety Services Director
1,2
Fire Division Chief
3,7
Senior Fire Safety Inspector
2, 3, 4, 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. 10 -064
Page 7
Exhibit 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 Exhibit 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.