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HomeMy WebLinkAboutAgenda Report - December 17, 1986 (79)Uuurj rux rirritsO.�b' Ur VARIOUS CIT Y BOARDS AND C0*1ISSIONS AND DESIGNATED 111PLO= AF11IDE D 4 RES. NO. 86-182 CC -6 CC -34 Council adopted Resolution No. 86-182 - Resolution Amending Citv of Lodi Conflict of Interest Code to Incorporate by Reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code for Various City Boards and Commission Members and Designated Employees. COUNCILCOMMUNICATION TO! THE CITY COUNCIL DATE: FROM: THE CITY MANAGER'S OFFICE Decd 17, 1986 SUBJECT: AMEND CITY OF LODI, CONFZICT.OF INTEREST CODE FOR K BERS OF VARIOUS CITY BOARDS AND CONSIISSIONS AND DESIGNATED EMPLOYEES NO PDCOMMENDED ACTION: That t?:,?, City Council adopt Resolution No. 86-182 entitled "Resolution Amending City of Lodi Conflict of Interest Code to Incorporate by Reference the Fair Political Practices Commission's Standard NTodel Conflict of Interest Code for Various City Boards and Commission Members and Designated Employees". The City of Lodi last amended its Conflict of Interest Code for various city board and commission members and designated employees in 1985. The city's auditors, Ernst and Whinney, have suggested that the code be am-anded to include positions in the police department having the responsibility of administering the police department grant. Following a ccmplete review of the existing code it was determined that several other a.,iejidments needed to be made involving amended classification titles and added classifications. Also, recent amendments to the Political Reform Act sets forth that city mangers and city attorneys are subject to the same financial disclosure provisions as city council members and are therefore'not determined to be "designated employees". Alice M.-Reimche City Clerk RESOLUTION NO. 86-182 RESOLUTION AMENDING CITY OF LODI CONFLICT OF INTEREST CODE TO INCORPORATE BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE FOR VARIOUS CITY BOARDS AND COMMISSION MEMBERS AND, DESIGNATED EMPLOYEES WHEREAS, amendments to the Political Reform Act, Government Code Sections 81000, et seq., have in the past and foreseeably will in the future require conforming amendments to be made in Conflict of Interest Codes adopted and promulgated pursuant to its provisions; and WHEREAS, the Fair Political Practices Ccmaission has adopted a regulation, 2 Cal. Adm. Code Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after public notice and hearings conducted by the Fair Political Practices Ccmnission pursuant to the Administrative. Procedure Act, Government Code Section 11370, et seq.; and WHEREAS, incorporation by reference of the terms of the aforementioned regulation and amendments to it in Conflict of Interest Codes will save this body time and money by minimizing the actions required of this body to keep the Codes in conformity with the Political Reform Act; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. All previously adopted resolutions approving various separate Conflict of Interest Codes are hereby rescinded. 2. The terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Conmission 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 Codes for the following departm'nts and agencies: ADMINISTRATIVE DEPARTMENT CITY ATTORNEY'S OFFICE CITY CLERK'S OFFICE COMMUNITY DEVELOPMENT DEPARTPlEItII.' ELECTRIC UTILITY DEPARTMENT FINANCE DEPARTMENT FIRE DEPARTMENT LIBRARY RECREATION AND PARKS DEPARTMENT POLICE DEPARTMENT PUBLIC WORKS DEPARTMENT LIBRARY BOARD OF TRUSTEES LODI ARTS COMMISSION LODI SENIOR CITIZENS CCYHMISSION PLANNING COtl�[ESSION RECREATION COt-2�11SSION SITE PLAN AND ARCHITECTURAL REVIEW CCtKI= 86-182 3. Persoi holding designated positions s _1 file statements of economic interest pursuant to Section 4(C) of the Conflict of Interest Code. 4. Pursuant ,;to ,Section; 4(C) of the .Code, all designated employees: shall. file 'their°:statements >with. -the City Clerk to whom the City Council hereby delegate:."the authorityto carry out the duties of filing officer: 5. The effective date of this Resolution shall be January 1, 1987. Dated: December 17, 1986 I hereby certify that Resolution No. 86-182 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 17, 1986 by the following vote: Ayes: Councilmembers - Olson, Hinchman, Snider, Pinkerton and Reid (Mayor) Noes: Councilmembers - None Absent: Councilmembers - None Alice M. Reimche City Clerk EXHIBIT "A" ADMINISTRATION A. City Manager's Office 1. City Manager (must file under provisions of Government Code 87000) 2. Assistant City Manager 1, 2, & 3 3. Administrative Ass't City Manager 1, 2, & 3 B. City Attorney's Office 1. City Attorney (must file under provisions of Government Code 87000) C. City Clerk's Office 1. City Clerk 1, 2, & 3 Mg4UNITY DEVELOPMENT A. Community Development Department 1. Cnitv Development Director 1, 2, & 3 2. Assistant Planner 1, 2,,&.3 & 3 3. Associate Planner 1, 2, & 3 4. Chief Building Inspector 1, 2, & 3 5. Building Inspector I 1, 2, & 3 6. Building Inspector II 1, 2, & 3 ELECTRIC UTILITY r' A. Electric Utility Department 1.. Electric Utility Director 1, 2, & 3 2. Assistant Electric Utility Director 1, 2, & 3 3. Electrical Engineer 2 & 3 E 1 - FIRE DEPARMENT A. Fire Department 1. Fire Chief 2 & 3 2. Fire Administrative officer 2 & 3 LIBRARY A. Library Department 1. Librarian 1, 2 & 3 POLICE A. Police Department 1. Police Chief 1, 2 & 3 2. Police Captain 1, 2 & 3 3. Administrative Assistant - Police Dept. 1, 2 & 3 RECREATION AND PARKS A. Recreation and Parks Department 1. Director of Recreation and Parks 1, 2, & 3 Designated Posi )ns or Designated :lnRloyees L -,losura Category PUBLIC WORKS s A. Public Works Department 1. Public Works Director 1, 2, & 3 2. Assistant City Engineer 1, 2, & 3 3. Chief Civil Engineer 2 & 3 4. Building/Equipment Maintenance Superintendent 2 & 3 5. Street Superintendent 2 & 3 6. Water/Wastewater Superintendent 2 & 3 PEPMERS - CITY BOARDS AND CUAMISSIONS Members of the Lodi City Planning Ccnmission 1, 2, & 3 Members of the Recreation Commission 1, 2, & 3 Members of the Site Plan and Architectural, Review Committee 1, 2 & 3 Members of the Library Board of Trustees 1, 2 & 3 Members of the Lodi Arts Corattission 1, 2 & 3 Members of the Lodi Senior Citizens Committee 1, 2 & 3 EXHIBIT "B" DISCLOSURE CATEGORIES An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseebly be affected materially by any decision made or participated in by the designated, employee by virtue of the employee's position. Designated enployees in Group "I" must report: (a) Interests in real property, other than your residence, which is located in whole or in part either within the boundaries of the City, or within two miles of the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire such interest in real property, if the fair market value of the interest is greater than.S1,000.00. (Interests in real property of an individual include the share or .interests in real property of a busirass entity or trust in which the designated employee or his or her spouse owns, directly, indirectly, or beneficially, a ten per cent interest or greater.) (b) Investments in or income from persons or business entities engaged in the business of acquisition or disposal of real property within the City. Designated employees in Group "2" must report: (a) Investments in. any business entity which, within the last two years, has contracted, or in the future #orseeably may contract with the City of Lodi to provide services, supplies, materials, machinery or equipment to the City of Lodi. (b) Income from any source which, within the last two years. has contracted, or in the future foreseeably may contract with the City of Lodi to provide services, supplies, materials, machinery or equipment to the City of Lodi. (c) His or her status as a director, officer, sole owner, partner, trustee, employee, or holder of a position of management in any business entity which, within the last two years, has contracted or in the future foreseeably may contract with the City of Lodi to provide services, supplies, materials, machinery or equipment to the City of Lodi. Investments and incame otherwise, reportable under Paragraphs _(a) and (b) of Category "2" above,'shall not be reported unless the total amount of all contracts by the business entity to provide services, supplies, materials, machinery or equipuent to the City of Lodi was more than $1,000.00 in the prior calendar year, or unless the total amount of all foreseeable contracts by the business entity to provide services, supplies, materials, machinery or equignent to the City of Lodi will be more than $1,000.00 in the next calendar year. Designated emolovees in GrouA "3" must report: (a) Investments in any business entity which within the last calendar year has been regulated by the City of Lodi or foreseeably may be -regulated by the City of Lodi in the next calendar year. (b; Each source of incc!m provided that the income was furnished by or on behalf of any business entity which within the last calendar year has been regulated by the City of Lodi, or foreseeably may be regulated by the City of Lodi in the next calendar year. (c) His or her status as a director, officer, sole owner, partner, trustee, employee or any position of management in any business entity which within the last calendar year has been regulated by the City of Lodi, or foreseeably may be regulated by the City of Lodi in the next calendar year. Regulations of the Fair Political Practicies Commission (Title 2, Division 6 of the California Administrative Code) _ 18730. Provisions of Conflict of Interest Codes (Gov. Code Sections 87300 - 87302) - (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and prcoUlgation of a Conflict of Interest Code within the meaning of Government Code Section 87300 or• the amendment of a Conflict of Interest -' Code within the meaning of Government Code Section 87307 if the terms of this regulation are substituted for terms of a Conflict of Interest Code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to k�y the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 81000, et she . The requirements of a Conflict of Interest Code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code Section 87100, and to other state or designated employees. It has been determined that these persons make or Participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure Categories. _ .This Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this Code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et secr. 1/ Such persons are covered by this Code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or herr office. 1/ Designated employes who are required to file statements of economic interests under any other agency's Conflict of Interest. Code, or under Article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government, Code. Section 81004. (4) Section 4. Statements of Bconomic Interests: Place of Filing. The code reviewing body shall instruct all designated employees required to file statements of economic interests pursuant to this Conflict of Interest Code to file in accordance with one of the following t procedures: 2/ (A) A11 designated employees shall file statements of economic interests with Vie agency. Upon receipt of the statements of economic { interests of the head of the agency and members of boards or ccarmissions not under a department of state or local government, the agency shall make and retain a copy of each and forward the originals of these statements to F; the code reviewing body, which shall be the filing officer with respect to these statements. Such statements shall be forwarded to the code �= reviewing body within five days after the filing deadline or five days -'._. after receipt in the case of statements filed late. (B) All designated employees shall file statements of economic 1 ` interests with the agency, which shall make and retain a copy and forward i the originals to the code reviewing body, which shall be the filing officer. (C) All designated employees shall file stater,ents of economic interest with the code reviewing body. (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements 2/ See Government Code Section 81010 and 2 Cal. Adm. Code Section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. W within thirty days after the effective date of this Code. Thereafter, each person already in a position when it is designated by an amendment to this Code shall file an initial statement within thirty days after the effective date of the amendment. (B) Assuming Office Statements. (i) All persons assuming designated positions after the effective date of this Code which are civil service or merit system positions shall file statements within thirty days after assuming the designated positions. (ii) All other persons appointed, promoted or transferred to designated positions after the effective date of the Code shall file statements within ten days after assuming office, or if subject to State Senate confirmation, ten days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the Code. (B) Contents of Assuming Office Statements. Assuming office ` statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuring office or, if subject to State Senate confirmation or appointment, on the date of nomination. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, inccme and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual: statement shall begin on the effective date of the code or the date of assuming office, whichever is later. (D) Contents of Leaving office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property.Disclosure. When an investment or an interest in real property 3/ is requi- ed to be reportee,, 4/ the statement shall contain the following: (i) A statement of the nature of the investment or interest; 3/ For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4/ Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. z g (ii) The name of the business, entity in which each investment is held, and a general description of the business activity in which the " business entity is engaged; (iii) The -address or other precise location of the real Property; (iv) A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). (B) Personal Income Disclosure. When personal income is required to be reported, 5/ the statement shall contain: (i) The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or twenty-five dollars ($25) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; (ii) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thcusand dollars ($1,000) or less,.greater_than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); (iii) A description of the consideration, if any, for c:hich the income was received; (iv) In the case of a gift, the name, address and business ' activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received. 5/ A designated employee's inane includes his or, her canminity property interest in the income of his or her spouse but does not include salary or reimbursemr.t for expenses received from a state, local or federal onvernnwnt- acTPnrv_ (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, inccme and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office, whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property 3/is required to be reported, 4/ the statement shall, contain the following: (i) A statement of the nature of the investment or interest; 3/ For the purpose cf disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4/ Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as. well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 J percent or greater. i (v) In the case of a loan, the annual intertest rate and the s security, if zny, given for the loan. } (C) Business Entity Income Disclosure. When income of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. entity, including income of a sole proprietorship, is required to be 3 F reported, 6/ the statement shall contain: (i) The name, address, and a general description of the business activity of the business entity; (ii) The name of every person from whom the business entity received payment if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). '? (D) Business Position Disclosure. When business positions are ' required to be re equi ported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. e� (E) Acquisition or Disposal During Reporting Period. In the case 4 $ z' of an annual or leaving office statement ifaninvestment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. ` (8) Section 8. Disqualification. "-' No designated employee shall make, participate in making, or use 6/ Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. (B) Any real property in which the designated employee has a direct or indirect interest worth more than one thousand dollars ($1,000); (C) Any source of income, other than loans by a ccmnercial lending institution in the regular course of business on teams available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within twelve months prior to the time when the decision is made; or (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of . financial interest. In the case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in uAting to the designated m ployeea's supervisor. (10) Section 10. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this Codn may request assistance from the Fair Political Practices CrnmissiOn pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the ottorneay for the agency to issue any formal or informal opinion. (ll) Section 11. Violations. This code has the force and effect of law. Designated employees r violating any provision of this Code are subject to the administrative, cl'iminaal and civil sanctions provided in the Political Refozm Act, GOv rnment Code Sections 81000 - 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this CoCo or of Government Code Section 87100 has occurred may be set aside as void purstuant to Government Code Section 91003. f t