Res 02-117RESOLUTION NO. 02-117
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. 02-103
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; and
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;
Resolution No. 02-117
Page 2
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. 02-103 is hereby rescinded.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 19th day of November, 2002.
Michael P. Ci
a, Mayor
ATTEST:
'Sherrie'D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 02- 117 was duly adopted by the City
Council at a meeting of said City Council held on the 19th day of November, 2002, and that it
was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Sherrie D. Worrell, Deputy City Clerk
City of Poway
Resolution No. 02-117
Page 3
A TTA CHMENT A
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
Revenue and Business Activity Manager 3, 7
Finance Manager 3, 7
Human Resources Manager 3, 7
Information Systems Manager 6, 7
Senior Accountant 1,2
Accountant 1, 2
Senior Management Analyst 6, 7
Management Analyst 6, 7
Network Administrator 6, 7
; :
Community Services Director 1,2
Community Services Manager 2, 3, 4, 6
Cultural Services Manager 3, 7
Senior Recreation Supervisor 3, 7
Recreation Supervisor 3, 7
Senior Management Analyst 3, 4, 7
Management Analyst 3, 4, 7
Multimedia Specialist 3, 4, 7
Resolution No. 02-117
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Development services Director 1,2
city Engineer 1,2
Senior Civil Engineer 2, $, 4, 6
Senior Traffic Engineer 2, 3, 4, 6
Assistant Engineer 2, 3, 4, 6
Associate Engineer 2, 3, 4, 6
Engineering Inspection SupervisodNPDES Coordinator 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
NPDES Management Assistant 2, 3, 4, 7
Construction Manager 2, 3, 4, 7
Public Works Director 1, 2
Assistant Public Works Director 1,2
Public Works Operations Manager 2, 3, 4, 6
Fleet and Facility Maintenance Supervisor 3, 7
Parks Maintenance Coordinator 3, 4, 7
Streets & Drainage Supervisor 2, 3, 4, 6
Utilities Manager 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
Assessment District Specialist 2, 3, 4, 6
Parks Maintenance Supervisor 2, 3, 4, 6
Public Works Program Coordinator 2, 3, 4, 6
Utility Systems Supervisor 2, 3, 4, 6
SAFETY SER¥1CES
Safety Services Director 1, 2
Fire Division Chief 3, 7
Fire Prevention Specialist 2, 3, 4, 6
Resolution No. 02-117
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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 disclosur~ 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 700 Statement of
Economic Interests:
Director of Administrative Services/City Treasurer
Finance Manager
Senior Accountant
Resolution No. 02-117
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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 business positions in business entities, and sources of
income.
Category 2:
All interests in real property.
Category 3:
All investments, and business positions in business entities, 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.