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Res 12-022RESOLUTION NO. 12 -022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING AN AMENDED CONFLICT OF INTEREST CODE UPDATING DESIGNATED EMPLOYEES AND OFFICERS AND RESCINDING RESOLUTION NO. 10 -064 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, which 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; and WHEREAS, the City Council has heretofore adopted, as the Conflict of Interest Code of the City of Poway (the "City Code "), the model conflict of interest code set forth in 2 California Code of Regulations Section 18730 and any amendments to its duly adopted by the Fair Political Practices Commission; and WHEREAS, Exhibit "A" (in which officials and employees are designated) and Exhibit "B" (in which disclosure categories are set forth), which may be modified by City Council from time to time, and all of which together 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, it is necessary to amend the City's Conflict of Interest Code to add the Housing Authority, the Successor Agency of the Poway Redevelopment Agency, the Successor Agency Oversight Board and revise City positions; and WHEREAS, the Political Reform Act requires the City to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively that the code must be amended. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Poway as follows: Resolution No. 12 -022 Page 2 Section 1: That the above recitals are true and correct. Section 2: That the standard FPPC Conflict of Interest Code, as set forth in 2 California Code of regulations Section 18730, 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 the City of Poway has conducted the 2012 biennial review of its Conflict of Interest Code, as required by the Political Reform Act, and as a result of the biennial review determined the need for an amended Conflict of Interest Code as presented in this resolution. Section 5: That Resolution No. 10 -064 is hereby rescinded. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 5th day of June, 2012. 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. 12 -022 was duly adopted by the City Council at a meeting of said City Council held on the 5th day of June, 2012, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON. NOES: NONE. ABSENT: NONE. DISQUALIFIED: NONE. d A. Troyan, MMC, City Clerk City f Poway Resolution No. 12 -022 Page 3 EXHIBIT A CITY OF POWAY CONFLICT OF INTEREST CODE 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 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. 12 -022 Page 4 POSITION DISCLOSURE CATEGORIES COMMITTEES /BOARDS /COMMISSIONS Budget Review 3,6 Parks & Recreation 3, 4, 6 Redevelopment & Housing Advisory 3, 4, 6 Successor Agency of the Poway Redevelopment Agency Unlimited disclosure Oversight Board to the Successor Agency of the Poway Redevelopment Agency Unlimited disclosure Public Finance Authority Unlimited disclosure LEGISLATIVE SERVICES City Manager (File org. w /FPPC 87200 Filer) Unlimited disclosure Assistant City Manager 1,2 Legislative Services Administrator 2, 3, 4, 6 City Attorney (File org. w /FPPC 87200 Filer) Unlimited disclosure Deputy City Attorney 1,2 City Clerk 1,2 ADMINISTRATIVE SERVICES Director of Administrative Services/ Treasurer File org. w /FPPC 87200 Filer Unlimited disclosure Assistant Director of Administrative Services 1,2 Finance Manager 3,7 Human Resources Manager 3,7 Customer Services Supervisor 3,7 Information Technology Manager 6,7 Senior Accountant 1,2 Senior Management Analyst 6,7 Network Administrator (inadvertently removed in 2010) 6,7 Information Technology Analyst 6,7 COMMUNITY SERVICES Community Services Director 1,2 Community Services Manager 2, 3, 4, 6 Senior Recreation Supervisor 3,7 Recreation Supervisor 3,71 Senior Management Analyst 2, 3, 4, 7 Resolution No. 12 -022 Page 5 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 Special Projects Engineer 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 Management Analyst 2, 3, 4, 7 Management Analyst 2, 3, 4, 7 Construction Coordinator 2, 3, 4, 7 Associate Civil Engineer 2, 3, 4, 7 Development Services Technician 2, 3, 4, 6 Senior Redevelopment Analyst 2, 3, 4, 7 PUBLIC WORKS Public Works Director 1,2 Public Works Operations Manager 2, 3, 4, 6 Fleet 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 Specialist/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 Warehouse Associate 2, 3, 4, 6 Parks Maintenance Supervisor 2, 3, 4, 6 Public Works Supervisor 2, 3, 4, 6 Utility Systems Supervisor 2, 3, 4, 6 Public Works Utilities Manager 2, 3, 4, 6 Utilities Administrator 2, 3, 4, 6 SAFETY SERVICES Safety Services Director 1,2- Fire Division Chief 3,7 Senior Fire Safety Inspector 2, 3, 4, 6 Resolution No. 12 -022 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 City Manager City Attorney City Treasurer Exhibit B General Provisions Resolution No. 12 -022 Page 7 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.