HomeMy WebLinkAboutAgenda Report - November 3, 2010 D-08i
AGENDA ITEM D 48
&h CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt a Resolution Approving Year 2010 ,kmendments to Conflict of Interest Code
(Government Code Section 87306.5)
MEETING DATE: November 3,2 010
PREPARED BY: Janice D. Magdich, Deputy City Attorney
RECOMMENDED ACTION: Adopt a Resolution approving Year 2010 Amendments to Conflict of
Interest Code (Government Code Section 87306.5).
BACKGROUND INFORMATION: The City Council, must, periodically review, and if necessary, update
the City's Conflict of Interest Code pursuant to California Government Code Section 87306.5.. The
attached resolution makes changes based on conditions occurring since the last update adopted by the
Council in 2008. The attached resolution was published in draft form to begin the 45 -day public comment
period on the proposed changes. The majority of the changes made since 2008 reflect little more than
title changes of positions, the addition of new positions or deletion of abolished positions, and comments
received from staff; no comments to the proposed resolution were received from members of the public.
The following additional changes have been made to the draft resolution approved by Council on
September 1, 2010.
• Addition of Supervising Budget Analyst position to Internal Services/Financial Services &
Budget Department (this new position was approved by Council Resolution No. 2010-176
on October 6, 2010).
• Transfer a Senior Programmer/Analyst position to the City Manager's Departmentfrom the
Internal Services/Information Systems Department.
• Transfer the Senior Storekeeper and Buyer positions to the Electric Utility Department
from the Internal Services/Financial Services & Budget Department.
• Addition of Animal Services Supervisor position as a reporting position within the Police
Department.
• Delete NAFFA International and Precision Inspection Company, Inc. as Community
Development Department Consultants.
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.
Jan- ce g ich
Deputy City Attorney
Konradf-Bartlam, Interim City Manager
RESOLUTION NO. 2010-185
A RESOLUTION OF THE LODI CITY COUNCIL
REPEALING RESOLUTION NO. 2008-210
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 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. 2008-210 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 3, 2010.
Dated: November 3, 2010
hereby certify that Resolution No. 2010-185 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held November 3, 2010, by the
following vote:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Mounce,
and Mayor Katzakian
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS— None
Rai ohl
City Clerk
2010-185
APPENDIX A
DESIGNATED OFFICIALSAND EMPLOYEES
The following is a listing of those personswho are required to submit Statements of
Economic Interests pursuantto the Political Reform Act of 1974, as amended:
List of designated positions required to file Form 700:
Department:
'osition:
Asclosure Category:
;ity Manager
',ity Manager
)eputy City Manager/Internal Services
I
Director
danagementAnalyst/Communications
1
Specialist
vlanagementAnalyst/Risk Manager
1
Senior Programmer/Analyst
?, 3, 4
,ity Attorney
3ity Attorney
k
)eputy City Attorney
1
"ity Clerk
-ity Clerk
1
Nssistant City Clerk
1
;ommunity Center
:,ommunity Center Director
1
Youth Commission Coordinator
2,5
Stage Technician
2,5
Ort & Events Manager
2,5
Building Services/Event Coordinator
2,5
,ommunity Development
Community Development Director
1
Planning Manager
1
Junior\Assistant\Associate Planner
1
Building Official
1
Building Inspector fill
2,3,5,7
Neighborhood Services Manager
1
Electric Utility
Electric Utility Director
1
Assistant Electric Utility Director
1
Utility Operations Supervisor
5
Manager, Customer Services
& Programs
1
Distribution Planning Supervisor
5
Senior Power Engineer
2,3,5
Electric Utility Rate Analyst
2,3,5
Senior Storekeeper
2, 3, 4
Buyer
2, 3, 4
Fire
Fire Chief
1
Fire Division Chief \ Operations
1
Fire Battalion Chief \ Training
5
Fire Battalion Chief
5
Fire Marshall
1
Fire Inspector
1
Internal Services/Human
Human Resources Manager
1
Resources
Management Analyst
2,8
Internal Services/Financial
Financial Services Manager
2,3,4,8
Services & Budget
Accountant
2,3,4
Supervising Accountant
2,3,4
Budget Manager
2,3,4,8
Management Analyst
2,3,4,8
Purchasing Technician
¢
Internal
Information Systems Manager
1
Services/Information
Information Systems Coordinator
2,3,4
Systems
Network Administrator
5
Senior Programmer/Analyst
2,3,4
Library
Library Services Director
1
Supervising Librarian
5
Parks and Recreation
Parks and Recreation Director
1
Parks Superintendent
1
Parks Project Coordinator
2,3,5
Recreation Superintendent
2,3,5
Recreation Manager
2,3,5
Police
Police Chief
1
Police Captains
1
Management Analyst
2,3,4
Community Improvement Officer
2,3,5,7
Supervising Community Improvement
2,3,5,7
Officer
Animal Services Supervisor
2,5
Public Works
Public Works Director
1
City Engineer/Deputy Public Works Dir.
1
Senior Civil Engineer
2,3,5,7
Fleet& Facilities Manager
2,3,5,7
Water\Wastewater Superintendent
2,3,5,7
Transportation Manager
2,3,5, 7
Transportation Planner
2,3,5,7
Fleet Services Supervisor
2,3,5,7
Management Analyst
2,3,5,7
Construction Project Manager
2,3,5,7
Deputy Public Works Director— Utilities
1
Streets and Drainage Superintendent
2,3,5,7
Wastewater Treatment Superintendent
2,3,5,7
3oards and Commissions
Members of the Planning Commission
k
Members of the Recreation
2,3,4,6,7,8
Commission
Members of the Site Plan and
2,3,4,6,7,8
Architectural Review Committee
Members of the Library Board of
2,3,4,6,7,8
Trustees
Members of the Lodi Improvement
2,3,4,6,7,8
Committee
Members of the Lodi Arts Commission
2,3,4,6,7,8
Members of the Lodi Budget/Finance
2,3,4,6,7,8
Committee
Members of the Lodi Animal Advisory
2,3,4,6,7,8
Committee
Members of the Lodi Senior Citizens
2,3,4,6,7,8
Commission
Consultants
Community Development
CDBG Program Administration
2,3,4
(Contract Consultant— PMC)
Interwest Consulting Group (Contract
2,3,4
Plan Check Services)
Bureau Veritas (Contract Plan Check
2,3,4
Services)
Dyett & Bhatia
1
nternal Services/Human
York Insurance Service Group
2,3,4,8
Resources
DB Claims Services Group, Inc.
2,3,4,8
3ublic Works
West Yost & Associates
1
Treadwell & Rollo
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.
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 Who Manaae Public Investments (Specified in Government Code
Section 87200):
The positions listed below manage public investments and shall file a statement of
economic interests pursuant to Government Code Section 87200. These positions are
listed for informational purposes only.
1. Members of the Lodi City Council
2. City Manager
3. City Attorney
4. Finance Director
5. Members of the Lodi Planning Commission
An individual holding one of the above -listed positions may contact the Fair Political
Practices Commission for assistance or written advice regarding their filing obligations if
they believe that their position has been categorized incorrectly. The Fair Political
Practices Commission makes the final determination whether a position is covered by
Government Code section 87200.
0
APPENDIX B
DISCLOSURE CATEGORIES
Individuals holding designated positions must report their interests according to their
assigned disclosure category(ies).
DISCLOSURE CATEGORIES
All investments and business positions in business entities, sources of income,
including loans, gifts, and travel payments, from all sources wherever located; and
interests in real property located within the jurisdiction of the City of Lodi or within
two (2) miles of the boundaries of the City of Lodi or within two (2) miles of any land
owned or used by the City of Lodi.
2. Investments and business positions in business entities, and all sources of income,
including loans, gifts, and travel payments, from all sources.
3. Interests in real property located within the jurisdiction of the City of Lodi or within
two (2) miles of the boundaries of the City of Lodi or within two (2) miles of any land
owned or used by the City of Lodi.
4. Investments and business positions in business entities, and income from entities,
including loans, gifts, and travel payments, from sources providing supplies,
services, materials, equipment or machinery of the type used by the City of Lodi.
5. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources providing supplies, services,
materials, equipment or machinery of the type used by the designated position's
division or department.
6. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources, that filed a claim against the City of
Lodi during the previous two (2) years, or have a claim pending with the City of Lodi.
7. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources of the type to request an entitlement
to use agency property or facilities, including, but not limited to: licenses, utility
permits, and vendor permits.
8. 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 involving the City of Lodi.
7
CITY COUNCIL
PHIL KATZAKIAN, Mayor
SUSAN HITCHCOCK,
Mayor Pro Tempore
LARRY D.HANSEN
BOBJOHNSON
JOANNE MOUNCE
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-67021 FAX (209) 333-6807
www.lodi.gov cityclerk _lodi.gov
November 8,20 10
Fair Political Practices Commission
428 J Street, Suite 620
Sacramento, CA 95814
RE: UPDATED CONFLICT OF INTEREST CODE
KONRADTBARTLAM
Interim City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER
City Attorney
Please find enclosed a certified copy of the resolution amending the City of Lodi
Conflict of Interest Code, which was adopted by the Lodi City Council at its
November 3, 2010, City Council meeting.
Should you have any questions regarding this matter, please feel free to contact
my office.
i--
ndi
City Clerk
RJ/JMR
Enclosure
N:\Admin istration\CLERK\Conflict\TEM PLATES\lCodeUpdate.doc