HomeMy WebLinkAboutAgenda Report - November 15, 2006 E-17AGENDA ITRM E V 107
ift' CITY OF LgDI
MNCIL COMMUNICATION
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AGENDO1 TITLE: Adopt�esolutian Approving Year 2006 Amendments to Conflict of In*mt Code
(Gove meet Code §873£6.5)
MEETING GATE: Nover4ber 15, 2006
PREP ED BY: Janice . Magdlch, Deputy City Attorney
RECOWAENDED ACTION: Adopt Resolution amending the list of Boards, Commissions, C#ty
Employees, and Officers subject to Conflict of Interest I4epg
Requirements for publication and public comment.
BACKGROUND INFORMATION: The City Council, as the Code reviewing body, under the Pc*ti$al
Reform Act must pursuant to California Government Code §873041.5
periodically review and possibly update the City's Conflict of lnterost
Code. The attached Resolution makes changes based on conditions occurring since the last update in
2004. The attached resolu#on was published in draft form to begin the forty -five-day public comment
period on the proposed chainges. With the exception of the changes noted below, the majority of ilhe
changes made since 2004, reflect little more than title changes of positions, the addition of new posftions
or deletion of abolished positions. Changes since the revision approved by Council on September 20,
2006, are as follows:
• Revisions to disclosure categories for Fire Division Chief/Operations, Fire Battalion
C hief/Traininand Fire Battalion Chief;
• Correction
Ola
and Recreation job title from Management Analyst Trainee to
Management Analyst
As regred by statute, the fiat version of the resolution is now brought back to the City Council for final
approval.
Fly: Norge required.
Janice Magch
City Attorney ye
*PPRO ED: 1
Mair King, Iar�ager
RESOLUTION NO. 2006-208
A RESOLUTION OF THE LODI CITY COUNCIL
REPEALING RESOLUTION NO. 2004-268
THEREBY 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 statemerrts 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. 2004-968 is hereby repealed in its entirety.
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.
6. The effective date of this Resolution shall be November 15, 2006.
1/1
Ill
111
Dated: November 15, 2006
I hereby certify that Resolution No. 2006-208 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 15, 2006, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hansen, Johnson, Mounce, and
Mayor Hitchcock
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
Ra i Johl
City Clerk
01
Ui 1 0 KV -1
PESIGNATED OFFrAALS AND EMPLOYEES
Thofo*mbV is a listing of those persons who are required to submit Statements of Economic
Int ests pursuant to thiPPolitical Deform Act of 1974, as amended:
• u' is • -. 7- .T. :s , 7711! co
S Ci
Ci*Uanager
City Manager
•
Deputy City Merger
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
CitClerk
City Clerk
i
Deputy City Clerk
1
Cooknurty Center
Community Center Director
1
Seng 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. Pacil. 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
CoOrnunity Devebpmerd
Comrnunity Development Director
1
City Planner
1
Senior Planner
1
Junkw\AssistantlAssocate Planner
1
Community Imprownent mer
1
Buil+hg Official
1
Building Inspector 1\11\Senior
2,3,4,5,6,7,8,9,10,11,15,:16
Cornmunity Improvement Officer
2,3,4,5,6,7,8,9,10,11,15,10
Linhart Petersen Powers Associate
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 Programs
1
Manager, Electric Services
1
MMner, Business Planning &
Marieting
1
Mlaner, Engineering & Operations
1
Eac1ft 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
Margger, Rates & Resources
1
Manager, Power & Rates
1
Senior Electrical Estimator
4,6
Senior Power Engineer
2,3,4,6,7,8,9,10,15,
Electric Utility Rate Analyst
2,3,4,6,7,8,9,10,15
Finance
Financial Services Manager
2,3,4,5,13,18,20
Accountant IIII
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,
19
Senior Storekeeper
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 1 Operations
1
Fire Battalion Chief 1 Training
4,10,11,12,19
Fire Battalion Chief
4,10,11,12,19
Fire Division Chief 1 Fire Marshall
1
Fire Inspector
1
Human Resources
Human Resources Manager
1
Risk Manager
2,4,14,17,18
Management Analyst Trainee VII
2,4,14,17,18
ABD Insurance & Financial Services
2,4,5,11,13,14,18,19
Bragg & Associates
12,4,5,11,13,14,17,18,19
DB Claims Services Group, Inc.
2,4,5,10,11,13,14,16,18,18
Library
Library Services Director
1
Supervising Librarian
4,5,11,15
Paas and Recreation
Parks and Recreation Director
1
Parks Superintendent
1
Project Coordinator
2,3,4,6,7,8,10,16
Management Analyst
4,5,10,11,15
Police
Police Chief
1
Police Captains
1
Management Analyst
4,5,12
Pubfiic 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
WaterlWastewater Superintendent
2,3,4,5,7,8,9,10,15,16
Assistant WaterlWastewater
2,3,4,6,7,8,9,10,15,16
Superintendent
Trans ortation Manager
2,3,4,19,1_1,15116
"ExsmpW from Political Reform Act of 1974, but required to file a statement of economic interests
purArart to Govemrnent Code section 872W.
De n n yeas dare those positions within the city who may exerc�e indapenderrt
Te t aid make o participate in the making of governmental decisions which may
forsoeably have a mate*l effect on any financial interest.
Cgou t means an in4lividual who, pursuant to a contract with a state or local governmental
agcy:
A. Makes gover . ntal decisions whether to
1. appy a rate, rule or regulation;
2. adopt enforce a law;
3. issue, Merry, suspend, or revoke any permit, license, ap Wication, certificate,
appr 1, order or similar authorization or entitlement;
4. autl7 a the agency to enter into, modify, or renew a contract provided it is
the ty"e of contract which requires agency approval;
5. grant #gency approval to a contract which requires agency approval and in
which the agency is a party or to the specifications for such a contra;
6. grant *gency 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 st*ff 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 Ids designee may determine in writing that a particular consultant,
although a "designated Oosition" 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 c termination 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
Manger 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.
5
Fleet Services Supervisor
Tree Operations Supervisor
Management Analyst
Senior Traffic Engineer
Construction Project Manager
2,4,9, '11,16
2,4,6,7,8,9, 11,16
2,3,4,6,7,8,9,10,15,16
2,3,4,8,7,8,9,10,15,16
2,3,6,7,8,9.10,16
Bouds and Commissior*
Members of the Planning Commission
'
Members of the Recreation
2,3,4,6,7,8,9,10,16
Cornmission
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 Eastside
2,3,4,6,10,11
Improvement Committee
Members of the Lodi Arts Commission
2,3,4,5,7,8,9,10,16
Co . ults
1
"ExsmpW from Political Reform Act of 1974, but required to file a statement of economic interests
purArart to Govemrnent Code section 872W.
De n n yeas dare those positions within the city who may exerc�e indapenderrt
Te t aid make o participate in the making of governmental decisions which may
forsoeably have a mate*l effect on any financial interest.
Cgou t means an in4lividual who, pursuant to a contract with a state or local governmental
agcy:
A. Makes gover . ntal decisions whether to
1. appy a rate, rule or regulation;
2. adopt enforce a law;
3. issue, Merry, suspend, or revoke any permit, license, ap Wication, certificate,
appr 1, order or similar authorization or entitlement;
4. autl7 a the agency to enter into, modify, or renew a contract provided it is
the ty"e of contract which requires agency approval;
5. grant #gency approval to a contract which requires agency approval and in
which the agency is a party or to the specifications for such a contra;
6. grant *gency 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 st*ff 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 Ids designee may determine in writing that a particular consultant,
although a "designated Oosition" 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 c termination 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
Manger 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.
5
PujAc Officials S�ecifie! in Ggvernment Code Section 87200: The following positions shall file
a sistement of economic interests pursuant to Government Code Section 87200:
1. Members of the Lodi City Council
2. City Manager
3. City Attorney
4. Finance Director
5. Members of the Lodi .f Planning Commission
51
APPENDIX B
/APPENDIX OF DISCLOSURE CATEGORIES
DEEVITION
'Unit" as used in this text means the particular department, board, commission, office or other
entity using the disclosures category.
DISMOSURE CATEGOHIE
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 aind business positions in and income from entities which are book
outlets, vendogs or providers of business services.
6. Investments and business positions in business entities and income from sources
engaged in colistruction, 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, servimes or facilities of the type utilized by the city.
12. Investments and business positions in business entities and sources of income
which provides 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
employe r- em;$oyee memorandums.
VA
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 Mmited 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. 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.
D
CITY COUNCIL
SUSAN HITCHCOCK, Mayor CITY OF L O D I
BOB JOHNSON,
Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET
JOHN BECKMAN P.O. BOX 3006
LARRY D. HANISEN LODI, CALIFORNIA 95241-1910
JOANNE MOACE (209) 333-6702 / FAX (209) 333-6807
www.lodi.gov cityclerkllogi.eOV
November 16, 2006
Fair Political Practices Commission
P.O. Box 807
S a,crameinto, CA 95004
RE: UPDATED FUCT OF INTEREST CODE
BLAIR KING, City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAVER
City Attorney
Please find enclosed a certified copy of the resolution amending the City of Lodi
Conflict of Interest lode, which was adopted by the Lodi City Council at its
November 15, 2006, City Council meeting.
Should you have any questions regarding this matter, please feel free to contact
Icy office.
Sincerely,
Q��
Randi Johl
City Clerk
FUJMP
Enclosure
mnfGctNconsp\hx de.doc