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HomeMy WebLinkAboutAgenda Report - December 21, 1988 (103)CO3.-ICI L C 0 M M U N I CAT_3N TO: THE CITY COUNCIL FROM: THE CITY MANAGES OFFICE COUNCIL MEETING DATE: DECEMBER 21, 1988 SUBJECT: ADOPT RESOLUTION AMENDING CITY OF LSI CUNFIEr OF IlVIII2DSr CODE FOR VARICUS C[TY BOARDS AND CnN Vf NM AND DESIGNATED EMPLOYEES RECOMMENDED ACTION: That the City Council adopt Resolution No. 88-171 entitled "Resolution Amending City of Lodi conflict of Interest Code for Various City Boards and Commission members and Designated In-# oyees" . In reviewing the City's Conflict of Interest Code for various City boards and Commission members and designated employees, vie find that in order to comply with Fair Political Practices Commission regulations, vc need to modify the list of designated employees in the City of Lodi who are required to file. The modifications include the addition of the following employees: Personnel Director Community Center Director Manager, Rates and Resources Senior Buyer/Storekeeper Buyer Fire Shift Supervisor Recreation Superintendent ,ft� I --,- RESOLUTION NO. 88-171 RESOLUTION AMENDING CITY OF LODI CONFLICT OF INTEREST CODE FOR VARIOUS CITY BOARDS AND CI N2VUSS S 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 rnade in Conflict of Interest Codes adopted and promulgated pursuant to its provisions; and 0EREAS, the Fair Political Practices Commission 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 commission 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; 3. Persons holding designated positions shall fife 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 delegates the authority to carry out the duties of filing officer. 5. Failure to file the required statement in a timely fashion pray result in the imposition of monetary sanctions under Government Code §91013(a). 4 J^ Zz= §;"�•.� N ��,`�,f � .,..�oa t .,,�,`" �.G_.� ... EXHISIT "A" # DESIGNATED POSITIONS OR DESIGNATED EMPLOYEES MEMBERS OF CITY BOARDS AND COMMISSIONS Designated Positions or Designated Employees Disclosure Category ADIN ISI I STRAT ION A. B City Manager's Office 1. City Manager (must file under provisions of Governinent Code 87000) 2. Assistant City Manager 1, 2, & 3 3. Administrative Ass't - City Manager 4. Personnel Director 5. Community Center Director City Attorney's Office 1, 2, & 3 1, 2, & 3 1, & 3 COMMUNITY DEVELOPMENT .2, .& 3 1. City Attorney {must file under provisions of Government Code 87000) C. City C1erk's.Office " 1. y''Clerk l 2: & 3 COMMUNITY DEVELOPMENT A. Community Development Department 1: Community Development Director 1, 2, & 3 2. Junior/Assistant/Associate Planner 1; 2, & 3 w3. Chief Building Inspector 4, 'Buildi`ng Inspector IjFI i' 2, ELECTRIC'UTILITy A. Electric Utility Department 1. 'Electric Utility Director 1 —2, & 3 2. Assistant Electric Utility Director 1, 2,`& 3 3.. ElectricalEngineer 2. & 3: 4."Manager; Rates and Resources 2`& 3 l r Designated Post ----, or Designated Employees Di;"-`osure Category FINANCE A. Finance Department I. Finance Director 1, 2, &3 Assistant Fi oance D� ; ec for 1 2, & 3 3 . Accountant 1/11 I , 2, & 3 4. Purchasing Officer 2 & 3 5. Data Processing Supervisor 2 & 3 6. Field Services Supervisor ., 2 & 3 7. Senior Buyer/Storekeeper 2 & 3 8. Buyer 2 & 3 FI`:E DEPARTMENT. ,. A. Fire Department 1. Fire Chief 2.& 3 t 2. Fire Administrative Officer` 2 & 3 . 3. Fire Shift Sup ervisor 2.& 3 LIBRARY A Library Department 1 Librarian I, 2 & 3 . WKS .AND,RCCREATION A Parks and Recreation Departrient 1.. Director of Parks and Recreation 1, 2, &-3': 2z Park Superintendent, 2-& 3" 3 Recreation Superintendent 2 &_3 Desipnated Positions or Designated Employees Disclosure Category PUBLIC VkM A, Public Works Department 1. Public Works Director 1, 2 & 3 Assistant City Engineer 1 2 & 3 3. Senior Civil Engineer 2 & 3 4. Building/Equipment Maintenance Superintendent 2 & 3 5. Street Superintendent 2 & 3 6. Water/Wastewater Superintendent 2 & 3 MEMBERS - CITY BOARDS AND COMMISSIONS Members of the Lodi City Planning Commission 1, 2, &-3 Members of the Recreation Commission 1, 2, & 3 ��Members ofhe Szte�Ptan and:<Archl;.teEtcirai "Review'tommittee ,Members of the Library Board of Trustees 1, 2 & 3 Members of the Lodi Arts Commission 1, 2, & 3 3 E. DESIGEMP.1 ' TXTA-02D 7 EXHIBIT "B" DISCLOSURE CATEGORIES An investment, interest in real property, or income is reportable if the business entity i n which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee's position, Designated employees 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 $1,000.00. (Interests in real property of an individual include the share or interests in real property of a business 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 f rem persons or business entities engaged in the business of acquisition or disposal of real property within the City. c.q.,� .. .. .. - _ Designated `employees° in Groc-.p It 211 must report: (a) Investments in any business entity which, within the last two years, has contracted, or in the future forseeably may contract with the City of Lodi to provide services, supplies, materials, machinery or equipment to the City of Lodi. (b) Income from any sourcelwhich, 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 coritrac"t with the City of Lodi to provide services, supplies, materials, machinery or equipment to the City of Lodi. Investments and income otherwise reportable under Paragraphs (a) and (b) of Category 'T' above, shall not be reported unless the total amount of all contracts by the business entity to provide services, supplies, materials, machinery or equipment 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 equipment to the City of Lodi will be more than $1,000.00 in the next calendar year. Designated employees in Group 113" 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 income prt,vided that the income was furnished by or on beMdlf 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, emplcyee or any position of managernent in any business entity which with n the last calendar year has been regulated by the..C}tyof [odi, or foreseeably may be v.�reglatedbytheGi_ty kof Codt n the next calendar year y Regulations of the Fair Political Practices Commission (Title 2, Division 6 of the California Administrative Code) 18730. Provisions of Conflict of Interest Codes (Gov. Code Sections 87300 - 87302) (;l) 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 promulgation 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 tha terms of this regulation are substituted for terms of a Conflict of Interest Code already in effect. A code so amended o r adopted and promulgated requires the reporting of reportabIr items in a manner substantially eq"4""-9t to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 81000, Ott spec . TV requirements of a Conflict of Interest Code are in additio'f F to other requirements of the Political Reform Act; such as ' the general prohibition against conflicts df interest in Government Code Section 87100, . and to 'other i l: state or local laws pertaining to conflicts of interest. (b) ' The terms of a Conflict of Interest Code amen or adopted and promulgated pwsuant to this rega4lation are as follows: . (i) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Pol i ti eat Practices Commission (2 Cal. Ad -m. Code Sections 18100 et _ 1) , and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. (2) Section 2. Designated Employees. Government Cie Sections 87200, et ser / 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 App-ndi x 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 her office. (4) Section 4.. Statements of Economic Interests: Place of Firing. 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 1/ Designated employees who are :required to file statements of econcmic.interests .under any other agency's Conflict of Interest Code, ;or under Article 2 for a different.:dur,isdiction, may expand :.their.'.,z. statement of economic interests to cover...reportable interests in"both jurisdictions, and file copies of this expanded statement with both " entities in lieu of' separate a:nd distinct statements; provided £. :.. that...each copy of such expanded -statement filed in place of"an original , is signed and verified by the designa'ted'employee as �f.it were. an v, original `: see Government:Code Section 81004. t i :kVs } F k the `ollowing procedures:" (A) All designated employees shall file statements of economic interests with the agency. Upon receipt of the statements of economic interests of the head of the agency and members of boards or commissions 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 the code reviewing body, which shall be the filing officer with respect to these statements. Such statements shall be forwarded to the code re V i ewi n g body within five days a ft e r the filing deadline or five days after receipt in the case of statements filed late. (B) All designated employees shall file statements of economic - interests with the agency, which shall rnake and retain a (5) Section 5. Statements of Economic Interests: Time o f Filing. (A) Initial Statements. All designated employees eiiiployed by the agency on the effective date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements 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. (C) Annual Statements. All designated employees shall file statements no later than April 1. (J) T eaving Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. ( g) Section --F— C-t�r. tents of and Period Covered by Statements of Econor5 i c 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 (S) � �f H1M�in �1f�fit�� si e!f,�t : Assuming offiee statements shall disciose any reportable investments, interests in .real property and business positions held on the date of assuming office or, if ;subject to State or.appointment, on the date of.: Senate confirmation ' nomination:; (C).. Contents of.`Annual Statements. "Annual statements shall disclose any ,reportable`; investments, interests in real property, income ands' business 'positions.. held or `received during. the previous calendar year provided,.hoaaever, that the period covered by an employee's first annual statement x t 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. t. Statements of economic interests shall be made on forms t prescribed by the Fair Political Practices Commission and supplied by he agency, and.. shall..contain_ the .fol,lowing: A) Investment and Real Property Disclosure. When an investmennt an ntterestt in rea� �irooperi� 3/i�3 or 3/ For the purpose of disclosure only, (not disqualification), an interest in real property does not include the principal residence of the filer. requiy�' to be reported, 4/ the st., ment shall contain the following: ( i ) A statement of the nature of the investment or interest; (ii) The name of the business entity in which each investment i s 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 (6) Personal Income Disclosure. Wbm personal income is required to be reported, 5/ the s to terr t 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 m.cd to each Source, was one thousand 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 which the income was received; (iv) In the case of a gift, the name, address "afld business activity of the"donor:and :any intermediary through which atie gift was made; a description of the gift, the amount"or :v alue `of he .gift, and the 'date on wh#ch the "gift was received. 5/ A designated emO oyee..'.s ' i ncome -i ncl odes hi,s or her..,.community, P interest in the income of his" or her spouse but does not include salary...or.reimbursement -for xpenses received from .a...state; local or federal government agency. r _t a v (v) In the case of a loan, the annua interest rate and the security, if any, given for the loan. (C) Business Entity Income Disclosure. VOm incorne of a business e..tity, including income of a -sole proprietorship, is required to be reported, 6/ the statement shall contain: (i) The name, address, and a general description of the business activity of the business entity; (ii) The nam( of every person from whom the business 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). buss tress. t it y is reportable if the d rec ndirect or beneficial, interest of the filer and the filer's,.,spouse in the busi ness. :entity,, aggregates a 1 ercent n . 0 . p or greater interest addition, t .'. _ fi,e�ldisc os6r.e OT who are clients or of business e . n t, i t.V: is required. on y I 'd I H the clients o w r cis'-omers are'. i tM n� : t I es o,f the file :i,ca egoy r, onethe cisclosurd (D) Business Position Disclosure r-. NMm business positions are required to be reported, a designated employee sha' list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or i n which he or she holds any position of management, a description of the business activity i n which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the (A) Any business entity in which the designated employee has a direct or indirect investment worth more than one thousand dollars ($1,000); (8) 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 commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars (8250) or more in value provided to, received by or promised to the designated employee within '.twelve months prior to t he time when the decision is made; ,or.. (p) Any business entity in d. which the designateen ployee is a director, officer, partner, trustee, emplkoee, or holds .any position o f management. No designated employee shall: be. prevented:from mafcing'or participating_ in themaking of' any decision to the: extent his ,or `fter ;participation is legally :required for .t e decision to be made The fact that the vote of`::a designated employee ;who is on a' voting body is needed to.:break a-JIe ­ 'does dot make Iii s or herr partici pati on 1 egally ,required for purposes of this erection f •n (9) Section 9. .nner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because tie or she has a financial interest in it, the determination not to act must be accompanied by disclosure of the financial interest. In the case of a vcting body, this determination and disclosure shati 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 writing to the designated employee's supervisor. (10) Section 10. Assistance of the Commission and Counsel. C C, addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government Code Section 87100 has occurred may be set aside as void pursuant to Government Code Section, 91003.