Res 94-119RESOLUTION NO. 94-119
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 NOS. 90-012, 91-015,
92-015, 93-013 AND 94-011
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. (Government Code Section 81008) Upon receipt of the
statements of the Mayor, Councilmembers, City Manager 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.
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:
1. that the above recitations are true;
2. that the standard Conflict of Interest Code, is incorporated by
reference and constitutes the Conflict of Interest Code for the City
of Poway;
Resolution No. 94-119
Page 2
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";
4. that Resolution Nos. 90-012, 91-015, 92-015, 93-013 and 94-011 are
hereby rescinded.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 29th day of November, 1994.
Don Higginson, May(~x~
ATTEST:
Marjorie I~. Wahlsten, City Clerk
STATE OF CALIFORNIA )
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. 94-119
was duly adopted by the City Council at a meeting of said City Council held on
the 29th day of November, 1994, and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
Marjorie.~. Wahlsten, City Clerk
City o~ Poway
3\wp\conf [ i ct \c i ty. res
ATTACHMENT A
COMMITTEES/COMMISSIONS/TASK FORCES
APPOINTED BY THE CITY COUNCIL
Budget Review
Housing Commission
Library Advisory
Parks & Recreation
Performing Arts Advisory
Poway Road Specific Plan Advisory
Redevelopment & Housing Advisory
Senior Issues
LEGISLATIVE/ADMINISTRATIVE
Assistant City Manager
Assistant to the City Manager
Deputy City Attorney
Assistant City Attorney
Senior Management Analyst
Management Analyst
Management Assistant
ADMINISTRATIVE SERVICES
Deputy Director
Personnel Manager
General Services Manager
Customer Services Manager
Accountant
3,6
3, 4, 6
3,4,6
3,4,6
3,6
3, 4, 6
3,4,6
3,6
1,2
2, 3, 4, 6
1,2
1,2
2, 3, 4, 6
2,3,4,6
2,3,4,6
1,2
3,7
1,2
3, 7
1,2
COMMUNITY SERVICES
Community Services Director
Community Services Manager
Performing Arts Manager
Recreation Supervisor
Senior Management Analyst
Management Analyst
Management Assistant
ENGINEERING SERVICES
Engineering Services Director
Senior Civil Engineer
Engineering Services Inspection, Supervisor
PLANNING SERVICES
Planning Services Director
Principal Planner
Senior Planner
Associate Planner
Assistant Planner
Code Compliance Officer
Senior Management Analyst
Management Analyst
Management Assistant
1,2
2, 3, 4, 6
3,7
3,7
3, 4, 7
3, 4, 7
3, 4, 7
1,2
2,3,4,6
2, 3, 4, 6
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
2,3,4,7
2,3,4,6
Public Services Director
Assist. Public Services Operations Manager
Park and Landscape Manager
Equipment Maintenance Supervisor
REDEVELOPMENT SERVICES
1,2
2,3,4,6
2,3,4,6
3,7
Redevelopment Services Director
Redevelopment Manager
Housing Program Coordinator
Redevelopment Project Administrator
Redevelopment Coordinator
SAFETY SERVICES
Safety Services Director
Battalion Chief
1,2
1,2
2, 3, 4, 7
2,3,4,7
2, 3, 4, 7
1,2
3,7
CONSULTANTS. Consultants shall be included in the list of designated employees
and shall disclose pursuant to the broadest disclosure category in the code subject to the
following limitation:
The City Manager may determine in writing that a particular consultant, although 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 written determination shall include a description of the consultant's duties
and, based upon that description, a statement of the extent of disclosure requirements.
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 and will file the Form 721 Statement of
Economic Interests:
City Clerk/City Treasurer
Director of Administrative Services
Finance Manager
Senior Accountant
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 Appendix A.
Disclosure Categories
Category 1:
All investments and sources of income.
Category 2:
Category 3:
All interests in real property.
All investments, interests in real property and sources of income subject to the
regulatory, permit or licensing authority of the department, board of commission.
Category 4:
Investments and business positions in business entities and sources of income which
engage in land development, construction or the acquisition or sale of real property.
Category 5:
Interests and business positions in real property located within two miles of any land
owned or used by the City of Poway.
Category 6:
Investments and business positions 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 and business positions in business entities and sources of income of the type
which, within the past two years have contracted with the designated employee's
department or board or commission, to provide services, supplies, materials, machinery
or equipment.
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