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HomeMy WebLinkAboutAgenda Report - October 6, 2004 E-16AGENDA ITEM C040 AM CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Accept Notice of Draft Year 2004 Amendments to Conflict of Interest Code MEETING DATE: October 6, 2004 PREPARED BY: D. Stephen Schwabauer RECOMMENDED ACTION: Council accept filing of draft Resolution Amending the List of Boards, Commissions, City Employees, and Officers subject to Conflict of Interest Reporting Requirements for publication and public comment. BACKGROUND INFORMATION: The City Council, as the Code reviewing body, under the Political Reform Act must pursuant to California Government Code §87306.5 periodically review and possibly update the City's Conflict of Interest Code. The attached Resolution makes draft changes based on conditions occurring since the last update in 2002. The attached resolution is in draft form and must be published by Council to begin the thirty -day public comment period on the proposed changes. A final version will be brought to Council for approval on the second meeting in November. The majority of the changes reflect little more than title changes of positions, addition of new positions or deletion of abolished positions. For Council's convenience, the changes are reflected in underline/strikeout form in a draft resolution attached to this council communication. FUNDING: None required. Wro� 0 NJ APPROVED: Janet Keeter, Interim City Manager RESOLUTION NO.ZQQ4--,. C—R,l, E•T.,RESOLt_ITION OF THE LODI CITY COUNCIL REPEALING RESOLUTION NO. 2000-2010 THEREBY AMENDING CITY OF LODI CONFLICT OF INTEREST CODE Deleted: 2002 Deleted: 235 - Deleted: ~Deleted: A The Political Reform Act of 1974 CGoyernment Cade section 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 Gal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code. After public notice and a hearing it may be amended by the Fair Political Practices Commission to conform to amendments to the Political Reform Act. Therefore, the terms of 2 California Code of Regulations 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached appendices designating officials and employees and establishing disclosure categorie4 shall constitute the conflict of interest code of the City of Lodi. Designated officials and employees shall file their statements with the City Clerk of the City of Lodi and such statements shall be open for public inspection and reproduction pursuant to Government Code section 81008. Statements for all designated officials and employees will be retained by the City of Lodi. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. Resolution No.t1W 2a� €s hereby repealed in its entirety.. 2. The terms of 2 California Code of Regulations lection 18730 and any, amendments duly adopted by the Fair Political Practices Commission along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of Lodi. 1 Persons holding designated positions shall file statements of economic interest pursuant to the provisions of this code. 4. All designated officials and employees shall file their statements of economic interests with the City Clerk of the City of Lodi to whom the City Council hereby delegates the authority to carry out the duties of filing officer. 5. Failure to file the required statement in a timely fashion may result in the imposition of administrative, criminal and civil sanctions as provided in Government Code sections 81000-91014, 0. The effective date of this Resolution shall beMyernber 17,g• q4. Dated: NovemberFIZ, ggp ------------ .._....................._.............................. _..... Deleted: Deleted: 1 Deleted Deleted- ------------------------- I _ --- ------.-.- Deleted ----- ` Deleted: 2000 yet:.. _.. _ ... .__ eted: 200 i Deleted: s ssr rrrl Deleted: November :: Deleted 213 .. Deleted 2002 Deleted: 20 ...... _-: _ _ Deleted 2002 -- I hereby certify that Resolution No. 2C7�?4.. was passed and adopted by the City Council of the City of Lodi in a regular meeting held November, 17,;�.- {QO mby the following vote: AYES: COUNCIL MEMBERS—_Hitchcock Land eckman and Ma or Hansen NOES: COUNCIL MEMBERS — Mone ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None Susan J. Blackston City Clerk 2 Deleted 2002 Deleted: 235 Deleted: Deleted 20 Deleted 2002 Deleted: Nakanishi Deleted:.Pennino Deleted: 2002 Deleted. 235 Deleted:.._._._____ APPENDIX A DESIGNATED OFFICIALS AND EMPLOYEES The following is a listing of those persons who are required to submit Statements of Economic Interests pursuant to the Political Reform Act of 1974, as amended: List of desictnated pasitions regu€red to file Farm 7010: Deleted: Admin. Assistant to City LManager ------- --- �G-Feied. Economic De,,4.pm-nl iCoordinator Position. Disclosure Category: City Manager City Manager Deputy City Manager I Management Analyst I . ........... Information Systems Manager ...... 1 Information Systems Coordinator 2,3,4,5,8,10,11115,16 Data Processing Manager 2,4,10,11,15,16 City Attorney Network Administrator City Attorney 15,16 Deputy City Attorney 1 City Clark City Clerk 1 Deputy City Clerk 1 Community Center Community Center Director Senior Services Coordinator 2,3,4,10,11,16 Arts Coordinator 2,3,4,10,11,16 Yoy1h Corrtmission Coordinator 2 3 4 6 �710 11 16 17 23 4 6 7 10 11 1617 �� Sr. Facil. Maint. Worker 2,3A 6, 7,10,11,16 1_7 Stage Technician 2,3 k 6. 7 1 �01 1 16 17 Admin. Assist,jo t3irector Community Development -Community Development Director 1 City Planner 1 Senior Planner 1 JuniorlAssistant\Associate Planner 1 Community Improvement Manager 1 Building Official I Building Inspector 11111Senior 2,3,4,5,6,7,8,9,10,11,15,16 Community Improvement Officer 2,3,4,5,6,7,8,9,10,11,15,16 Emhart Petersen Powers Associates23 4 5678910111516 � Electric Utility Electric Utility Director 1 Senior Electric Utility Rate Analyst 1 Manager, Customer Programs I Manager, Electric Services 1 Manager, Business Planning & Marketing 1 Manager, Engineering & Operations 1 Electric Utility Superintendent 2,3,4,6,7,8,9,10,15,16 Technical Services Manager 2,3,4,6,7,8,9,10,15,16 Manager, Rates & Resources 1 Deleted: Admin. Assistant to City LManager ------- --- �G-Feied. Economic De,,4.pm-nl iCoordinator manager, Power & Rates .......... 1 Deleted: tI Senior Electrical Estimator 4,6 Senior Power Engineer 2 3.4 6 88 9 10 15 Electric i -blit Bate Anal st _ 2.3.4,6,7,8,9,_1_0.5_ Finance Finance Director Accounting Manager 2,3,4,5,13,18 jAccountant Illi 2,3,4,5,15 j Purchasing Officer 2,3,4,5,6,10,11,12,15,16,1 Revenue Manager 20 Senior Storekeeper 2,3,4,5,10,12,16 Buyer 2,3,4,5,10,12,16 Purchasing Technician 4,5,15,16 Fire Fire Chief _ 1 Fire Division Chief 1 Operations 2,3,4,6,10,11,12,14,19 Fire Battalion Chief 1 Training 2,3,4,6,10,11,12,14,19 Fire Battalion Chief 2,3,4,6,10,11,12,14,19 Fire Division Chief Fire Marshall 1 -\ Fire Inspector 1 Human Resources Human Resources Director 1 . 2,4,14,17,18 Management Analyst Trainee 2,4,14,17,18 Library mm _ Library Services Director 1 Supervising Librarian 4,5,11,15 Parks and Recreation` Parks and Recreation Director 1 -- Parks Superintendent 1 Project Coordinator 2,3,4,6,7,8,10,16 Managerrrent Analyst Trainee 4,5,10,1115 police Police Chief mm 1 { Police Captain 1 Manaciement Anal st4,5,12 _. Public Works F- ___- Public Works Director 1 City Engineer 1 Senior Civil Engineer 2,3,4,6,7,8,9,10,15,16 Fleet & Facilities Manager 2,3,4,6,8,9,10,15,16 Street Superintendent 2,3,4,6,7,8,9,10,15,16 Street Contracts Administrator 2,3,4,6,7,8,9,10,15,16 WateAWastewater Superintendent 2,3,4,5,7,8,9,10,15,16 Assistant WatertWastewater 2,3,4,6,7,8,9,10,15,16 Superintendent Transportation Manager 2,3,4,10,11,15,16 Fleet Services Supervisor 2,4,9,_,11„16 Tree Operations Supervisor x4,6 78,9,_,11,16 Management Analyst 213,4,6,7,8,9,10,15,16 Senior Traffic Engineer 2,3,4,6,7,8,9,10,15,16 Construction Pro'ect Mann. er � 2,3 6,7 8.9,10 16 Deleted., Senior Human Resources Analyst Deleted. 1 o, Deleted: 15, Deleted 3 Deleted. 10, Boards and Commissions Members of the Planning Commission= Members of the Recreation 2,3,4,6,7,8,9,10,75 Commission Members of the Site Plan and 2,3,4,6,7,8,9,10,16 Architectural Review Committee j Members of the Library Board of 2,3,4,6,7,8,9,10,16 Trustees Members of the Lodi Eastside 2,3,4,5,10,11 Improvement Committee Members of the Lodi Arts Commission 2,3,4,5,7,8,9,10,16 Consultants 1 1111._. _... Deleted. Exempted from Political Reform Act of 1974, but required to file a statement of economic l interests pursuant to Government bode section 87200.i Deleted — � . ............ ..... Desi Hated Em to ees are those positions within the city who may exercise independent judgment and make or participate in the making of governmental decisions which may forseeably have a material effect on any financial interest. Consultant means an individual who, pursuant to a contract with a state or local governmental agency; A. Makes governmental decisions whether to 7. approve a rate, rule or regulation; 2. adopt or enforce a law; 3. issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; 4. authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; 5. grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; 6. grant agency approval to a plan, design, report, study or similar item; 7, adopt, or grant agency approval of policies, standards, or guidelines for the agency, or for any subdivision thereof; or B. Serves in a staff capacity with the agency and in that capacity performs the same or substantially the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agencies Conflict of Interest Code. The City Manager or his designee may determine in writing that a particular consultant, although a "designated position" is hired to perform a range of duties that are 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 the description, a statement of the extent of the disclosure requirements. The City Manager or his designe'e'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. Public Officials Specified in Government Code Section 87200: The following positions shailllle a statement of economic interests pursuant to Government Code fiction 87200: 1. Members of the Lodi City Council 2. City Manager 3, City Attorney 4. Finance Director 5. Members of the Lodi Planning Commission .. _........ ................ .Ddeted._._._................._........... Deleted: s .................................... ....................... DEFINITION 'Unit" as used in this text means the particular department, board, commission, office or other entity using the disclosure category. DISCLOSURE CATEGORIES All investments and business positions in business entities, sources of income and interests in real property. 2. Investments and business positions in business entities, and all sources of income. 3. Interests in real property. 4. Investments and business positions in business entities and sources of income from entities providing supplies, services, equipment or machinery of the type used by the designated employee's unit. 5. Investments and business positions in and income from entities which are book outlets, vendors or providers of business services. 6. Investments and business positions in business entities and income from sources engaged in construction, building, or material supply. 7. Investment and business positions in and income from sources engaged in construction or development. 8. Investment and business positions in and income from sources engaged in the construction of public works projects. 9. Investment and business positions in and income from construction firms involved in construction projects subject to acceptance by the City Council. 10. Investment and business positions in and income from business entities of the type to provide bids, supplies, vehicles and equipment. 11. Investment and business positions in and income from entities which provide training, services or facilities of the type utilized by the city. 12. Investments and business positions in business entities and sources of income which provide services and supplies of the type used in emergency services coordination and training activities. 11 Investments and business positions in and income from Union Pension funds that may be affected by the outcome of negotiations involving monetary settlements of employer-employee memorandums. 7 14. Investments and business positions in business entities and sources of income which provide medical services or facilities of the type used by the city. 15. Investments and business positions in and income from business entities supplying or manufacturing electronic equipment, supplies or services of the type utilized by the employee's unit. 16. Investments and business positions in and income from business entities providing supplies, services, equipment or machinery of the type used by the city. 17. Investments and business positions in and income from employment agencies or entities which provide employment or pre-employment services. Services include, but are not limited to, testing, training, consulting, recruiting, job classification studies and salary surveys. 18. Investments and business positions in and income from business entities which are of the type to provide any of the various types of employee insurance coverage andlor actuarial services. 19. Investments and business positions in business entities and income from sources which supply or manufacture firefighting or medical equipment or supplies. 20. Ail investments_@nd business positions in lousiness entities sou urges of incorneLand interests in rea! ra ert of the t which municipalities are permitted to invest under the California Government Code. Deleted: 74. - .. .. 8 pagi ] DeIeWd joerlin 11 IP20621"Q.1 UO AM 20. All investments and business positions in business entities, sources of income, and interests in real property of the type which municipalities are permitted to invest under the California Government Code.