HomeMy WebLinkAboutAgenda Report - September 20, 2006 E-11AGENDA ITEM C • I
mEam CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Accept Notice of Draft Amendments to Conflict of Interest Code for the Year 2006
(Government Code §87306.5)
MEETING DATE: September 20, 2006
PREPARED BY: Janice D. Magdich, Deputy City Attorney
RECOMMENDED ACTION: That City Council accept for filing a 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, review the City's Conflict of
Interest Code biennially to determine whether or not an amendment to the Code is necessary. The
attached Resolution makes draft changes to the Code based on conditions occurring since the last
update in 2004. The attached resolution is in draft form and must be published by Council to begin the
forty-five (45) day public comment period on the proposed changes. A final version will be brought back
to the Council for approval at 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 the draft resolution attached to this council communication.
FUNDING: None required.
( i kuc�ity
Magdich
Attorney
APPROVED:
�9�ing, City Manager
RESOLUTION NO. Deleted: 2004-268
DRAFT RESOLUTION OF THE LODI CITY COUNCIL
REPEALING RESOLUTION NO.00� 4.268 THEREBY Deleted: 2002-235
AMENDING CITY OF LODI CONFLICT OF INTEREST
CODE
The Political Reform Act of 1974 (Government Code 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 (2 Cal. 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 categories 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:
Deleted: 2002-235
1. Resolution No. 00z 4.268 is hereby repealed in its entiret r�
2. The terms of 2 California Code of Regulations Section 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.
3. 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.
Deleted: December 1, 2004
6. The effective date of this Resolution shall be November 15, 2006.
Dated: Bovember 15, 2006 Deleted: December 1, 2004
I hereby certify that Resolution No. 00Q6- wa passed and adMted by the Cites Deleted: 2004-268
Council of the City of Lodi in a regular meeting held.November 15 2006, by the following vote:_ Deleted: December 1, 2ooa
AYES: COUNCIL MEMBERS — , [De-
leted: Beckman, Hitchcock,
Howard, Land, and¶
NOES: COUNCIL MEMBERS — Mayor Hansen
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
2
Jennifer M. Perrin Deleted: Susan J. Blackston
Interim City Clerk
Deleted: 2004-268
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 designated positions required to file Form 700:
Department:
Position:
Disclosure Cateclorv:
City Manager
City Manager
Deputy City Manager
1
Management Analyst
1
Information Systems Manager
1
Information Systems Coordinator
2,3,4,5,8,10,11,15,16
Data Processing Manager
2,4,10,11,15,16
Network Administrator
15,16
City Attorney
City Attorney
Deputy City Attorney
1
City Clerk
City Clerk
1
Deputy City Clerk
1
Community Center
Community Center Director
1
Senior Services Coordinator
2,3,4,10,11,16
Arts Coordinator
2,3,4,10,11,16
Youth Commission Coordinator
2,3,4, 6, 7,10,11,16,17
Sr. Facil. Maint. Worker
2,3,4, 6, 7,10,11,16,17
Stage Technician
2,3,4, 6, 7,10,11,16,17
Administrative Secretary
2,3,4, 6, 7,10,11,16,17
Administrative Clerk (Arts Education
4
Assistant
Community Development
Community Development Director
1
Planning Manager
1
Senior Planner
1
Junior\Assistant\Associate Planner
1
Community Improvement Manager
1
Building Official
1
Building Inspector 1\II\Senior
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
Linhart Petersen Powers Associates
2,3,4,5,6,7,8,9,10,11,15,16
LSA
2,3,4,5,6,7,8,9,10,11,15,16
Pacific Municipal Consultants
Municipal Compliance Consultants
2,3,4,5,6,7,8,9,10,11,15,16
2,3,4,5,6,7,8,9,10,11,15,16
Electric Utility
Electric Utility Director
1
Senior Electric Utility Rate Analyst
1
Manager, Customer Service & Programs
1
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
Deleted: City Planner
Technical Services Manager
Manager, Rates & Resources
,Senior Electrical Estimator
Senior Power Engineer
Electric Utilitv Rate Analvst
2,3,4,6,7,8,9,10,15,16
,4 ,6 _
2,3,4,6,7,8,9,10,15,
2,3,4,6,7,8,9,10,15,
Finance
Zinancial Services Manager
?_L3,4,5,13,18,20
Accountant 1\II
2,3,4,5,15
Senior Accountant
2,3,4,5,15
Budget Manager
2,3,4,5,13.18.20
Purchasing Officer
2,3,4,5,6,10,11,12,15,16,
x
,Senior Storekeeper
19
2,3,4,5,10,12,16
Buyer
2,3,4,5,10,12,16
Purchasing Technician
4,5,15,16
Management Analyst
2 4 14 17 18
Fire
Fire Chief
1
Fire Division Chief \ Operations
2,3,4,6,10,11,12,14,19
Fire Battalion Chief \ 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 Manager
1
Risk Manager
2,4,14,17,18
Management Analyst Trainee 1/11
2,4,14,17,18
ADB Insurance & Financial Services
2,4,5,11,13,14,18,19
Bragg & Associates
2,4,5,11,13,14,17,18,19
2,4,5,10,11,13,14,16,18,19
DB Claims Services Group, Inc.
Library
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
Management AnalstTrainee
4,5,10,11,15
Police
Police Chief
1
Police Captain
1
Management Analst
4,5,12
Public Works
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
Assistant Street Superintendent
2,3,4,6,7,8,9,10,15,16
Water\Wastewater Superintendent
2,3,4,5,7,8,9,10,15,16
Assistant Water\Wastewater
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
2,4,6,7,8,9, 11,16
Deleted: Manager, Power & Rates¶
Deleted: 11
Deleted: Finance Director %
Accounting Manager
Deleted: *%
Deleted: ¶
Deleted: Revenue Manager%
Deleted: 20¶
Deleted: Human Resources Director
Management Analyst 2,3,4,6,7,8,9,10,15,16
Senior Traffic Engineer 2,3,4,6,7,8,9,10,15,16
Construction Project Manager 2,3,6,7,8,9.10,16
Boards and Commissions
Members of the Planning Commission
Members of the Recreation Commission
2,3,4,6,7,8,9,10,16
Members of the Site Plan and
Architectural Review Committee
2,3,4,6,7,8,9,10,16
Members of the Library Board of
Trustees
2,3,4,6,7,8,9,10,16
Members of the Lodijmprovement
Committee
2,3,4,5,10,11
Members of the Lodi Arts Commission
2,3,4,5,7,8,9,10,16
Members of the Budget/Finance
Committee
2,3,6,7,8,9,10,16
Members of the Grape Bowl Ad Hoc
Committee
2,3,6,7,8,9,10,16
Consultants
1
* Exempted from Political Reform Act of 1974, but required to file a statement of economic
interests pursuant to Government Code section 87200.
Designated Employees 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
1. 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.
Deleted: Page Break
Deleted: Eastside
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
designee'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 shall file
a statement of economic interests pursuant to Government Code Section 87200:
1. Members of the Lodi City Council
2. City Manager
3. City Attorney
members of the Lodi Planning Commission h
6
Deleted: ¶
Deleted: <#>Finance Director¶
Formatted: Bullets and Numbering
APPENDIX B
APPENDIX OF DISCLOSURE CATEGORIES
DEFINITION
'Unit" as used in this text means the particular department, board, commission, office or other
entity using the disclosure category.
DISCLOSURE CATEGORIES
1. 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.
13. 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
and\or 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. 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.
Fleet Services Supervisor
Tree Operations Supervisor
Management Analyst
Senior Traffic Engineer
Construction Project Manager
.Well Yost & Associates
2,4,9, 11,16
2,4,6,7,8,9, 11,16
2,3,4,6,7,8,9,10,15,16
2, 3,4, 6, 7,8, 9,10,15,16
2,3,6,7,8,9.10,16
2,14 6 7,8, 9,10,16
Boards and Commissions
Members of the Planning Commission
Members of the Recreation
2,3,4,6,7,8,9,10,16
Commission
Members of the Site Plan and
2,3,4,6,7,8,9,10,16
Architectural Review Committee
Members of the Library Board of
2,3,4,6,7,8,9,10,16
Trustees
Members of the Lodi Jmproyement
2,3,4,5,10,11
Committee
Members of the Lodi Arts Commission
2,3,4,5,7,8,9,10,16
Members of the Budge /Finance
2 3 6 7 8 9 10 16
Committee
Members of the Grape Bowl Ad Hoc
2,3,6,7.8,9,10,16
Committee
Consutants
1
Exempted from Political Reform Act of 1974, but required to file a statement of economic
interests pursuant to Government Code section 87200.
DesigaWd Employees are those positions within the city who may exercise independent
judgmeiillt and make or participate in the making of governmental decisions which may
forseeably have a material effect on apy financial interest.
Consu nt means an individual who, pursuant to a contract with a state or local governmental
agency:
A. Makes governmental decisions whether to
1. approve a rate, rule or regulation;
2. adopt or enforoe 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
i Formatted: Font: Bold
l Formatted: Font: Bold
Deleted: _. ------Page Break----_._._._....
Deleted: Eastside
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1914
ADVERTISING INSTRUCTIONS
SUBJECT: NOTICE OF INTENTION TO AMEND THE CONFLICT OF INTEREST CODE
OF THE CITY OF LODI
PUBLISH DATE: SATURDAY, SEPTEMBER 23, 2006
TEAR SHEETS WANTED: Three (3) please
SEND AFFIDAVIT AND BILL TO: JENNIFER M. PERRIN, INTERIM CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, SEPTEMBER 21, 2006
ORDERED BY:
IFER M. ERRIN, CMC
INTERIM CITY CLERK
JENNIFER M. PERRIN
INTERIM CITY CLERK
JACQUELINE L. TAYLOR, CMC
DEPUTY CITY CLERK
DANA R. CHAPMAN
ADMINISTRATIVE CLERK
Faxed to the Sentinel at 369.1084 at 1:5�..-.4time) on _`� M 2.+ 16 b (date) (pis)
LNS Phoned to confirm receipt of all Daws at (time) _.ILT —DFIG Ji P (initials .
fnrrnsladvins.doc
DECLARATION QF POSTING
NOTICE OF INTENTION TO AMEND THE CONFLICT OF INTEREST CODE
OF THE CITY OF LODI
On Friday, September 22, 2006, in the City of Lodi, San Joaquin County, California, a
Notice of intention to Amend the Conflict of Interest Code of the City of Lodi (attached
and marked as Exhibit A) was posted at the following locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 22, 2006, at Lodi, California.
•
1FER MDDERRIN, CMC
INTERIM CITY CLERK
DANA R. CHAPMAN
ADMINISTRATIVE CLERK
N:1Administration\CLERKXFormsWECPOST.DOC
ORDERED BY:
JENNIFER M. PERRIN
INTERIM CITY CLERK
JACQUELINE L. TAYLOR, CMC
DEPUTY CITY CLERK
NOTICE OF INTENTION
TO AMEND THE CONFLICT OF INTEREST CODE
OF THE CITY OF LODI
NOTICE IS HEREBY GIVEN that the City of Lodi, pursuant to the
authority vested in it by Section 87306 of the California Government Code,
proposes amendments to its Conflict of Interest Code. The purpose of these
amendments is to implement the requirements of Section 87300 through 87302
and Section 87306 of the Government Code.
The City of Lodi proposes to amend its Conflict of Interest Code to include
positions that involve the making or participation in the making of decisions that
may foreseeably have a material effect on any financial interest, as set forth in
subdivision (a) of the Section 87302 of the Government Code. Specifically, the
proposed amendments will add positions that are newly created by the agency
and delete positions that are no longer used by the agency.
Copies of the proposed amended Conflict of Interest Code are
available for public review and may be requested from the Lodi City Clerk's
Office (209) 333-6702. A 45 -day written comment period will be conducted
through November 6, 2006. Comments must be received by the City Clerk
of the City of Lodi on or before November 6, 2006, at 5:00 p.m. and may be
delivered to the City Clerk at City Hall, 221 W. Pine Street, Lodi, California,
95240 or mailed to the City Clerk at P.O. Box 3006, Lodi, CA 95241.
The Lodi City Council will consider the adoption of a resolution approving Year
2006 Amendments to the Conflict of Interest Code at its regularly scheduled
meeting on November 15, 2006, at 7:00 p.m., or as soon thereafter as the matter
may be heard, at the Carnegie Forum, 305 West Pine Street, Lodi.
Dated: September 21, 2006
JENNIFER M. PERRIN
INTERIM CITY CLERK