HomeMy WebLinkAboutAgenda Report - November 5, 2008 E-09�j�
AGENDA ITEM G� 1111
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Approving Year 2008 Amendments to Conflict of Interest Code
(Government Code §87306,5)
MEETING DATE: November 5, 2008
PREPARED BY: Janice D. Magdich, Deputy City Attorney
RECOMMENDED ACTION: Adopt Resolution approving the list of Boards, Commissions, City
Employees, and Ofticers subject to Conflict of Interest Reporting
Requirements pursuant to Government Code §87306.5.
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 if
necessary update the City's Conflict of Interest Code. The attached Resolution makes changes based
on conditions occurring since the last update adopted by the Council in 2006. The attached resolution
was published in draft form to begin the 45 -day public comment period on the proposed changes. With
the exception of the changes noted below, the majority of the changes made since 2004 reflect little more
than title changes of positions, the addition of new positions or deletion of abolished positions. Changes
since the revision of the resolution approved by Council on September 17, 2008, are as follows:
• Correction of job title from Deputy City Manager/Internal Services Manager to Deputy City
Manager/Internal Services Director.
• Correction of job title from Deputy City Clerk to Assistant City Clerk.
• Correction of Internal Services/Human Resources job title from Management Analyst
Trainee 1111 to Management Analyst.
• Correction of Internal Services/Information Systems job title from Information Systems
Analyst to Senior Information Systems Analyst.
• Deletion of ManagementAnalyst job title from Parks & Recreation Department.
• Deletion of ABD Insurance & Financial Services as a Consultant.
As required by statute, the final version of the resolution is now brought back to the City Council for final
approval.
FISCAL IMPACT: None
FUNDING: None required.
J nice D. M gdich
t C' Attorney
APPROVED:
Blair Ki , City Manager
�1ljlL���IZ�. I7
A RESOLUTION OF THE LODI CITY COUNCIL
REPEALING RESOLUTION NO. 2006-208
THEREBY AMENDING CITY OF LODI CONFLICT
OF INTERESTCODE
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 RESOLVEDAS FOLLOWS:
1. Resolution No. 2006-208 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
pursuantto 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
delegatesthe authorityto 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 5, 2008.
Dated: November5,2008
hereby certify that Resolution No. 2008-210 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 5, 2008, by the following
vote:
AYES: COUNCIL MEMBERS— Hitchcock, Hansen, Johnson, Katzakian,
and Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
an '
City Clerk
2008-210
2
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:
City Manager
City Attorney
City Clerk
Community Center
Community Developmen
Electric Utility
Fire
Position:
Disclosure Category:
City Manager
}
Deputy City Manager/internal Services
1
Director
Management Analyst
1
City Attornev
"
Deputy CityAttorney
1
City Clerk
1
Assistant City Clerk
1
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
Community Development Director
1
Planning Manager
1
Senior Planner
1
Junior\Assistant\Associate Planner
1
Community Improvement Manager
1
Building Official
1
Building Inspector)\I1\Senior
2,3,4,5,6,7,8,9,10,11,15,16
Electric Utility Director
1
Assistant Electric Utility Director
1
Utility Operations Supervisor
4,6
Senior Electric Utility Rate Analyst
1
Manager, Customer Services
1
& Programs
Distribution Planning Supervisor
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
Fire Chief
1
Fire Division Chief \ Operations
1
Fire Battalion Chief\Training
4,10,11,12,19
Fire Battalion Chief
4,10,11,12,19
Fire Division Chief \ Fire Marshall
1
Fire Inspector
1
nternal Services/Huma
resources
nternal Services/Finan(
Services & Budget
nternal
Services/information
Systems
_ibrary
'arks and Recreation
'olive
3ublic Works
Human Resources Manager
1
Risk Manager
2,4,14,17,18
Management Analyst
2,4,14,17,18
Financial Services Manager
2,3,4,5,13,18,20
Accountant 1111
2,3,4,5,15
Senior Accountant
2,3,4,5,15
Budget Manager
2,3,4,5,13,18,20
Management Analyst
2,4,14,17,18
Senior Storekeeper
2,3,4,5,10,12,16
Buyer
2,3,4,5,10,12,16
Purchasing Technician
4,5,15,16
Information Systems Manager
1
Senior Information Systems Analyst
2,3,4,5,8,10,11,15,16
Information Systems Coordinator
2,3,4,5,8,10,11,15,16
Network Administrator
15,16
Library Services Director
1
Supervising Librarian
4,5,11,15
Parks and Recreation Director
1
Parks Superintendent
1
Project Coordinator
2,3,4,6,7,8,10,16
Police Chief
1
Police Captains
1
Management Analyst
4,5,12
Community Improvement Officer
2,3,4,5,6,7,8,9,10,11,15,16
Supervising Community Improvement
2,3,4,5,6,7,8,9,10,11,15,16
Officer
Public Works Director
1
City Engineer/Deputy Public Works Dir.
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
Streets and Drainage Manager
2,3,4,6,7,8,9,10,15,16
Assistant Streets& Drainage Manager
2,3,4,6,7,8,9,10,15,16
Water Services Manager
2,3,4,5,6,7,8,9,10,11,15,16
WaterlWastewater Superintendent
2,3,4,5,7,8,9,10,15,16
Transportation Manager
2,3,4,10,11,15,16
Transportation Planner
2,3,4,10,11,15,16
Fleet Services Supervisor
2,4,9, 11,16
Tree Operations Supervisor/Arborist
2,4,6,7,8,9, 11.16
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 I 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 Improvement 2,3,4,6,7,8,9,10,16
Committee
Members of the Lodi Arts Commission 1 2,3,4,5,7,8,9,10,16
Members of the Lodi Budget/Finance 2,3,4,5,7,8,9,10,16
Committee
Members of the Lodi Animal Advisory 2,3,4,5,7,8,9,10,16
Committee
Members of the Lodi Senior Citizens 2,3,4,5,7,8,9,10,16
Commission
Consultants
Community Development CDBG Program Ad min ist ration (Contract
Consultant— PMC)
Interwest Consulting Group (Contract
Plan Check Services)
Bureau Veritas (Contract Plan Check
Services)
NAFFA International (Contract Plan
Check Services)
Precision Inspection Company, Inc.
(Contract Plan Check Services)
Rad Bartlam
Dyett & Bhatia
Internal Services/Human Bragg & Associates
Resources DB Claims Services Group, Inc.
West Yost & Associates
Public Works Treadwell & Rollo
2,3,4,5,6,7,8,9,10,11,15,1 E
2,3,4,5,6,7,8,9,10,11,15,1 E
2,3,4,5,6,7,8,9,10,11,15,1 E
2,3,4,5,6,7,8,9,10,11,15,1 E
2, 3,4,5, 6,7,8,9,10,11,15,1 E
2,4,5,11,13,14,17,18,19
2,4, 5,10,11,13,14,16,18,1 f
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
independentjudgment and make or participate in the making of governmental decisions
which may forseeably have a material effect on any financial interest.
5
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.
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
4. Finance Director
5. Members of the Lodi Planning Commission
rl
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 incomefrom
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 monetafy settlements of
employer-employee memorandums.
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.
7
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. 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.
.11
CITY COUNCIL
JOANNE MOUNCE. Mayor
LARRY D. HANSEN,
Mayor Pro Tempore
SUSAN HITCHCOCK
BOB JOHNSON
PHILKATZAKIAN
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI. CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.aov cityclerkC ladi.auv
November 7,2008
Fair Political Practices Commission
P.O. Box 807
Sacramento. CA 95804
RE: UPDATED CONFLICT OF INTEREST CODE
BLAIR KING, City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER
City Atturney
Please find enclosed a certified copy cf the resolution amending the City of Lodi
Conflict of Interest Code, which was adopted by the Lodi City Council at its
November 5, 2008, City Council meeting.
Should you have any questions regarding this matter, please feel free to contact
my office.
Tan
,rely,
City Clerk
RJ/JMP
Enclosure
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