Res 97-095RESOLUTION NO. 97- 095
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. 96-105
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 odginal 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:
Resolution No. 97- 095
Page 2
1. that the above recitations are true;
that the standard Conflict of Interest Code, is incorporated by reference and
constitutes the Conflict of Interest Code for the City of Poway;
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 No. 96-105 is hereby rescinded.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 18th day of November, 1997
Don Higginson, Mayor
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. 97- 095was duly adopted by the City
Council at a meeting of said City Council held on the 18th day of November, 1997, and that
it was so adopted by the following vote:
AYES: CA~AGNA,
NOES: NONE
ABSTAIN: NONE
EMERY, GOLDBY, REXFORD, HIGGINSON
ABSENT: NONE
Marjorie K~ Wahlsten, City Clerk
City of Po~ay
A TTA CHMENT A
COMMITTEES/COMMISSIONS/TASK FORCES APPOINTED BY THE CITY COUNCIL
Budget Review
Housing Commission
Parks & Recreation
Performing Arts Advisory
Redevelopment & Housing Advisory
Senior Issues
LEGISLATIVE/ADMINISTRATIVE
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
Computer Services Manager
Accountant
Management Analyst
3,6
3,4,6
3,4,6
3,6
3,4,6
3,6
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
6,7
1,2
3,7
COMMUNITY SERVICES
Community Services Director
Community Services Manager
Performing Arts Manager
Recreation Supervisor
Senior Management Analyst
Management Analyst
1,2
2,3,4,6
3,7
3,7
4,7
4,7
3,
Management Assistant 3,
ENGINEERING SERVICES
4,7
Engineering Services Director
Senior Civil Engineer
Traffic Engineer
1,2
2,3,4,6
2,3,4,6
2,3,4,6
Engineering Services Inspection, Supervisor
PLANNING SERVICES
Planning Services Director 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
2,3,4,7
Principal Planner
Senior Planner
Associate Planner
Assistant Planner
Planning Technician
Code Compliance Officer
Senior Management Analyst
Management Analyst
Management Assistant
2,3,4,6
PUBLIC SERVICES
Public Services Director
Maintenance Operations Manager
Water Utilities Manager
Landscape Supervisor
Senior Management Analyst
Management Aide
Equipment Maintenance Supervisor
SAFETY SERVICES
Safety Services Director
Division Chief
1,2
2,3,4,6
2,3,4,6
3,4,7
2,3,4,6
3,4,7
3,7
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 detemdnation 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 dete~-ndnation 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 p art 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:
Category 2:
Category 3:
Category 4:
Category 5:
Category 6:
Category 7:
All investments and sources of income.
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.
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.
Interests and business positions in real property located within two miles of any land
owned or used by the City of Poway.
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.
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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