Res 01-086RESOLUTION NO. 01- 086
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. 00-100
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 per Government Code Section 81008. Upon receipt of the statements of the
Mayor, Councilmembers, City Manager, City Treasurer 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.
Resolution No. 01-086
Page 2
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;
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 No. 00-100 is hereby rescinded.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 2nd day of October, 2001.
/
ATTEST:
P~oples, City-Clerk -
Resolution No. 01-086
Page 3
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 01- 086 was duly adopted by the City
Council at a meeting of said City Council held on the 2nd day of October, 2001, and that it
was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
Lori JAnne Peoples, Cit~; Cle~-k
City of Poway
A TTA CHMENT A
Resolution No. 01-086
Page 4
Budget Review 3, 6
Housing Commission 3, 4, 6
Parks & Recreation 3, 4, 6
Performing Arts Advisory 3, 6
Redevelopment & Housing Advisory 3, 4, 6
Senior Issues 3, 6
Teen Issues 3, 6
Tree Committee 3, 6
Deputy City Manager 1,2
Assistant City Attorney 1,2
Deputy City Attorney 1,2
City Clerk 1,2
Deputy City Clerk 1,2
Senior Management Analyst 2, 3, 4, 6
Management Analyst 2, 3, 4, 6
Deputy Director 1, 2
Customer Services Manager 3, 7
Finance Manager 3, 7
Human Resources Manager 3, 7
Information Systems Manager
Senior Accountant
6,7
1,2
Accountant 1, 2
Senior Management Analyst 6, 7
Management Analyst
6,7
Community Services Director
1,2
Management Analyst
Multimedia Specialist
3,4,7
3,4,7
Community Services Manager 2, 3, 4, 6
Performing Arts Manager 3, 7
Senior Recreation Supervisor 3, 7
Recreation Supervisor 3, 7
Senior Management Analyst 3, 4, 7
Resolution No. 01-086
Page 5
Development Services Director 1,2
City Engineer 1, 2
Senior Civil Engineer 2, 3, 4, 6
Senior Traffic Engineer 2, 3, 4, 6
Assistant Engineer 2, 3, 4, 6
Associate Engineer 2, 3, 4, 6
Construction Manager 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
Assistant Planner 2, 3, 4, 7
Code Compliance Officer 2, 3, 4, 7
Development Services Technician 2, 3, 4, 7
Senior Management Analyst 2, 3, 4, 7
1,2
ssistant Public Works Director 1,2
Public Works Operations Manager 2, 3, 4, 6
Fleet and Facility Maintenance Supervisor 3, 7
Parks Maintenance Supervisor 3, 4, 7
Streets & Drainage Supervisor 2, 3, 4, 6
Utility Systems Supervisor 2, 3, 4, 6
Wastewater Utilities Supervisor 2, 3, 4, 6
Water Treatment Plant Supervisor 2, 3, 4, 6
Water Utilities Supervisor 2, 3, 4, 6
Senior Management Analyst 2, 3, 4, 6
Management Analyst 2, 3, 4, 6
Safety Services Director 1, 2
Fire Division Chief 3, 7
Resolution 01-086
Page 6
CONSULTANTS. Consultants shallbeincludedinthelistofdesignated employees and shalldisclose
pursuant to the broadest disclosure category in the code su~e~ to the following limitation:
The City Manager may determine in writing that a particular consultant, although a "designated position,"
s 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 positions listed
below manage public investments and will file the Form 700 Statement of Economic Interests:
Director of Administrative Services/City Treasurer
Finance Manager
Senior Accountant
ATTACHMENT B
Resolution 01-086
Page 7
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 Attachment A.
Disclosure Categories
Category 1:
All investments and sources of income.
Category 2:
All interests in real property.
Category 3:
Category 4:
All investments, interests in real property and sources of income subject to the regulatory,
permit or licensing authority of the department, board or 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.
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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