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Res 90-012RESOLUTION NO. 90- 012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING CERTAIN CONFLICT OF INTEREST CODES FOR THE CITY PURSUANT TO THE PROVISIONS OF THE POLITICAL REFORM ACT INCLUDING SECTION 87303 OF THE CALIFORNIA GOVERNMENT CODE AND RESCINDING RESOLUTION NO. 89-106 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 desginating 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. NOW, THEREFORE, IT IS HEREBY RESOLVED THAT: The Conflict of Interest Code, which is attached hereto as Exhibit "A" and is incorporated herein by this reference, is adopted as the Conflict of Interest Code for the employees designated in such Code, and persons holding designated positions under said Code shall file statements of economic interest pursuant to said Code. 2. Resolution No. 89-106 is hereby rescinded. PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting thereof this 30th day of January, 1990. ATTEST: SIdlE OF C^LIFORNIA Don Higgi nso~,-M~T~ Wahlsten, City Clerk COUNTY OF SAN DIEGO I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 90- 012 was duly adopted by the City Council at a meeting of said City Council held on the 30th day of January, 1990, and that it was so adopted by the following vote: AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: KRUSE Marjorie ~ Wahlsten, City Clerk City or,way ML/RES/Conflict Resolution 90-012 Page 2 CONFLICT OF INTERL~T COOE FOR THE CITY OF PO~AY The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Adm. Code Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Poway. Pursuant to Section 4(A) of the standard Code, designated employees shall file statements of economic interests with the City Clerk. Upon receipt of the sta- tements of the Councilmembers, City Manager, and 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 agency. (Regulations of the Fair Political Practices Commission Title 2, Division 6 of the California Administrative Code) 18730. Provisions of Conflict of Interest Codes (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulatlon of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a Conflict of Interest Code within the meaning of Government Code Section 87300 or the amendment of a Confllct of Interest Code within the meaning of Government Code Section 87307 if the terms of this regulation are substituted for terms of a Conflict of Interest Code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items In a manner substan- tially equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 8100, et seq. The requirements of a Conflict of Interest Code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest con- tained in Government Code Section 87100, and to other state or local laws per- taining to conflicts of interest. (b) The terms of a Conflict of Interest Code amended or adopted and promulgated pursuant to this regulation are as follows: -1- Resolution 90-012 Page 3 (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regula- tions of the Fair Polltlcal Practices Commission (2 Cal. Adm. Code Sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or par- ticipate in the making of decisions which may foreseeable have a material effect on financial interests. (3) Section 3. Disclosure Categories. Thls Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are deslgnated in this Code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report thelr financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq. ~/ Such persons are covered by this Code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financlal interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. ~/ Designated employees who are required to file statements of econo- mic interests under any other agency's Conflict of Interest Code, or under Article 2 for a different jurisdiction, may expand their statement with both entities In lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Sectlon 81004. -2- Resolution 90-012 Page 4 (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the City Clerk. 2/ (5) Section 5. Statements of Economic Interests: Time of Filing. (6) (Al Initial Statements. All designated employees employed by the agency on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within thirty days after the effective date of this Code. Thereafter, each person already in a position when it is designated by an amendment to this Code shall file an initial statement within thirty days after the effective date of the amendment. (B) Assumin9 Office Statements. All persons assuming designated positions after the effective date of this Code shall file state- ments within thirty days after assuming the designated positions, or if subject to State Senate confirmation, thirty days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. Section 6. Contents of and Period Covered by Statements of Economic Interests. (Al Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the Code. [/ See Government Code Section 81010 and 2 Cal. Adm. Code Section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. -3- Resolution 90-012 Page 5 (B) Contents of Assuming Office Statements. Assuming office sta- tements shall disclose any reportable investments, Interests in real property and buslness positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received durlng the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the Code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office state- ments shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Falr Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Propertv Disclosure. When an investment or an interest in real property ~/ is required to be reported, ~/ the statement shall contain the following: 1. a statement of the nature of the investment or interest; ~/ For the purpose of dlsclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. ~/ Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests In real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or Interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneflcial interest of ten percent (10%) or greater. Resolution 90-012 Page 6 2. the name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. the address or other precise location of the real property; 4. a statement whether the fair market value of the invest- ment or interest in real property exceeds one thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). (B) Personal Income Disclosure. When personal income is required to be reported, ~/ the statement shall contain: 1. the name and address of each source of income aggre- gating two hundred fifty dollars ($250) or more in value or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. a statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); 3. a description of the consideration, if any, for which the income was received; 4. in the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. in the case of a loan, the annual interest rate and the security, if any, given for the loan. ~/ A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reim- bursement for expenses received from a state, local or federal government agency. Resolution 90-012 Page 7 (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, ~/ the statement shall contain: 1. the name, address and a general description of the business activity of the business entity; 2. the name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars {$10,000}. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a direc- tor, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal Durin9 Reportin9 Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the state- ment shall contain the date of acquisition or disposal. {8) Section 8. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, disting- uishable from its effect on the public generally, on: (A) any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars {$1,000} OK more; ~/ Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a ten percent {10%} or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. Resolution 90-012 Page 8 (B) any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; (C) any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of busi- ness on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within twelve months prior to the time when the decision is made; (D) any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $250 or more in value provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participa- tion legally required for purposes of this section. (g) Section g. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this deter- mination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (10) Section 10. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this Code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. -7- Resolution 90-012 Page 9 (11) Section 11. Violations. This Code has the force and effect of law. Designated employees violating any provision of this Code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 8100 - 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003. (Gov. Code Sections 87300-87302) History: (1) New section filed 4/2/80 as an emergency; effective upon filing. {2) Editorial correction. {3} Amendment filed 1/9/81; effective 2/8/81. (4) Amendment filed 1/26/83; effective 2/25/83. {5) Amendment filed 11/10/83; effective 12/12/83. {6) Amendment filed 4/13/87; effective 5/13/87. 5-1/K/Code1-11/CP12 -8- Resolution 90-012 Page 10 APPENO~X A Position CONNITTEE$/CONNI$~IQH~ITA,~K FORCES APPOINTED BY CITY COUNCIL Business Advisory Migrant Worker Relations Old Poway Specific Plan Advisory Parks & Recreation Advisory Performing Arts Advisory Redevelopment Advisory Transportation Task Force Disclosure Categories 3, 6 3, 4, 6 3,6 3, 4, 6 3, 6 3, 4, 6 3, 4, 6 LEGISLATIVEIAI)NINISTRATIVE Assistant City Manager Assistant to the City Manager Deputy City Attorney Assistant City Attorney City Clerk Senior Management Analyst Management Analyst Management Assistant 1,2 2, 3, 4, 6 1,2 1,2 1,2 2, 3, 4, 6 2~ 3, 4, 6 2, 3, 4, 6 AONINISTR. ATIVE SERVICES Administrative Services Director Personnel Manager Finance Manager General Services Manager Customer Service Manager Senior Accountant Accountant Senior Management Analyst Management Analyst Management Assistant 1,2 3,7 1,2 1,2 3, 7 1,2 1,2 3, 4, 7 3, 4, 7 3, 4, 7 CONNUNITY SERVICES Community Services Director Community Services Manager Park and Landscape Manager Park and Landscape Supervisor Recreation Supervisor Senior Management Analyst Management Analyst Management Assistant Performing Arts Manager 2 3, 4, 6 7 3, 7 3, 7 3, 4, 7 3, 4, 7 3, 4, 7 3, 7 Resolution 90-012 Page 11 Position Disclosure Categories B4GIHEERZHG SERVICES Director of Engineering Services/City Engineer Senior Civil Engineer Senior Management Analyst Management Analyst Management Assistant Public Services Inspection, Supervisor 2, 3, 4, 6 2, 3, 4, 6 2, 3, 4, 6 2, 3, 4, 7 2, 3, 4, 7 2, 3, 4, 6 PLAHHIHG SERVICE~ Planning Services Director Assistant Planning Director Senior Planner Associate Planner Assistant Planner Code Compliance Officer Housing Program Coordinator 1,2 2, 3, 4, 7 2, 3, 4, 7 2, 3, 4, 7 2, 3, 4, 7 2, 3, 4, 7 2, 3, 4, 7 P~BLI: Public Services Director Public Services Operations Manager Assist. Public Services Operations Manager Park and Landscape Manager Park and Landscape Supervisor ~i, FETY SERVICES Safety Services Director Battalion Chief Code Compliance Officer 2, 3~ 4~ 6 2, 3, 4, 6 2, 3, 4, 6 3, 7 3, 7 1, 2 3, 7 3, 7 ~"(~ISULTAI~$, Any person employed by the City to provide consulting services shall be designated in the employment contract as a designated employee if the City determines that such person may reasonably be expected to make, participate in making, or in any way attempt to use his position as consultant to influence a City decision in which he has a financial interest. If the agency is unable to determine whether a consultant should be a designated employee, the consultant shall disclose pursuant to Title 9, Chapter 7 Article 2 of the Government Code. For the purpose of this section, a consultant shall include any natural person who provides under contract, information, advice, recommen- dation or counsel to an City, provided, however, that "consultant" not include a person who: __ a) Possesses no authority with respect to any City decisions beyond ren- dition of information, advice, recommendation or counsel. Resolution 90-012 Page 1 2 A~PEH~X ~ 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 juris- diction 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 boun- daries of the jurisdiction or within two miles of any land owned or used by the local government agency. For further explanations, see Section 7 of Conflict of Interest Code provisions attached hereto. Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A. Disclosure Categories Category 1: All investments and sources of income. Category 2: All interests in real property. Category 3: All investments, interests in real property and sources of income subject to the regulatory, permit or licensing authority of the department, board or commission. Category 4: Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. Category 5: Interests in real property located within two miles of any land owned or used by the City of Poway. Category 6: 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. Category 7: Investments in business entities and sources of income of the type which, within the past two years, have contract with the designated employee's department or board or commission, to provide services, supplies, materials, machinery or equipment.