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HomeMy WebLinkAboutResolutions - No. 85-13RESOLUTION NO. 85-13 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 AND ADDING DESIGNATED POSITIONS OR 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 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; 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 All previously adopted resolutions approving various separate Conflict of Interest Codes are hereby rescinded. 2.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 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 Codes for the following departments and agencies: ADMINISTRATIVE DEPARTMENT PUBLIC WORKS DEPARTMENT CITY ATTORNEY'S OFFICE CITY CLERK'S OFFICE FINANCE DEPARTMENT POLICE DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT RECREATION COMMISSION UTILITY DEPARTMENT PARI,[S AND RECREATION DEPARTMENT PLANNING C0IMISSION SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE 3. Persons holding designated positions shall file statements of economic interest pursuant to Section 4(C) of the Conflict of Interest Code. 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. 4. Resolution No. 84-087 is hereby rescinded. Dated: January 16, 1985 I hereby certify that Resolution No. 85-13 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 16, 1985 by the following vote: Ayes: Councilmen - Hinchman, Pinkerton, Reid, Olson & Snider (Mayor) Noes: Councilmen - None Absent: Councilmen - None Aw II1 ALICE M. EIMCHE City Clerk EXHIBIT "A" DESIGNATED POSITIONS OR DESIGNATED EMPLOYEES Designated Positions or Designated Employees_ Disclosure Category Public Works Director 1, 2, & 3 Assistant City Engineer 1, 2, & 3 Chief Civil Engineer 2 & 3 Equipment & Building Maintenance Superintendent 2 & 3 Street Superintendent 2 & 3 Water and Wastewater Superintendent 2 & 3 City Attorney 1, 2, & 3 Assistant City Attorney 1, 2, & 3 Administrative Assistant (City Manager's Office) 1, 2, & 3 City Clerk 1, 2, & 3 Finance Director 1, 2, & 3 Assistant Finance Director 2 & 3 Accountant II 2 & 3 Police Chief 2 Fire Chief 2 Fire Administrative Officer 2 & 3 Assistant City Manager 1, 2, & 3 Community Development Director 1, 2, & 3 Assistant Planner 1, 2, & 3 Junior Planner 1, 2, & 3 Associate Planner 1, 2, & 3 Chief Building Inspector 1, 2, & 3 Building Inspector 1, 2, & 3 -1- Exhibit "A" Continued Designated- Positions or Desi nated Employees — Disclosure—Category Utility Director 1, 2, & 3 Assistant Utility Director Electrical Engineer Director of Parks and Recreation Park Superintendent Members of the Lodi City Planning Commission Members of the Recreation Commission Members of the Site Plan and Architectural Review Committee Members of the Library Board of Trustees -2- 1, 2, & 3 2 & 3 1, 2, & 3 2 & 3 1, 2, & 3 1, 2, & 3 1, 2, & 3 1, 2, & 3 r ` EXHIBIT "B" l DISCLOSURE CATEGORIES Am investment, interest in real property, or income is reportable if the business entity in which the in;estrzient 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 em- ployee's position. Desi"nated employees.in Group "I" must report: (a) Interests in real property, other than your xzsidence, 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 xeaI property, if the fair market value of the interest is greater than $1, 000.00.- (interests in xeaI property of an individual in- clude thesinre or interest in real property of a business entity or trust in which the designated omployee or his or her spouse owns, directly, indirectly, car bene fidally, -r, icrt - -- per cent interest or greater-) (b) Investments in or income from parsons or busbicss esti--ties engaged in the business of acquisition or disposal of real property within the City. Designated e�loyees in Group "2" must report: (a) Investments in any business entity vinich, within the last two years, has contracted, or in the future foreseeably may contract with the City of Lodz to provide services, supplies, -materials, rnachinery 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_ A 18730. provisions of confl.ict of Interct Codes . (Gov_ Code Sections 87300 - 87302) (a) incorporation by reference of the terms of this regulation along with the designation of employees anis the formulation of disclosure categories in the Appe-radix referred to below constitute the adoption and promulgation of a Conflict of Interest Code within thQ 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 teras 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 equivalence to the requirements of• Article''2 :of Chapter 7 of the Po15_tical - Reform Act, Government Code Sections 81000, ei: seq. Tire requirements of a Conflict of Interest. Code are i_n ad%ars to other requirements of the Political Reform Act_, such cc the general prohibition against conflicts of interest can- tained .in Government Code Section 87100, and to other state • or local laws. pertaining to conflicts of interest.. = (b) The terms of a Conflict of Interest Code- amended odeamended or adopted and promulgated pursuant to this regulation are as follows.' (1) Section 1. Definitions. The *definitions contained in the Political Reform Act of 1974, regulations of the Fair• Political. Practices : the Appendi,- -.fy t-:hich }.inds of nant� al interests are reportable. ch a designated employe( 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 - 5-n the Appendix.. It has been determined that the financial ' interests set. forth in 'a designated employed' -s disclosure - - - categories are the kinds of financial interests which he car - . she. foreseeably 'can 'affect materially through the conduct of his' or her office. (4) Section 4.- Statements of Economic'Ynterests - Place of Filing. . code reviewing bo3y shall instruct all desi5--- nated employees required to file statements of economic: interests pursuant to this Conflict of interest Cocie to file in accordance with one of the following procedui:es:f! (k.) All designated employees stZ:t.E:i.�c rst•s, of economic interests with the agency. Upon z.ec:cipt-of the- Statements -of economic interests• of the head of the-aS!ency and members of boards or * commissions not under a department. of state or local goverrimert, the' agency small make anC% ..retain a. copy c f each and forward the originals of these a statements to the code reviewing -body, which shall he the - 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 stzte ments and forward the originals to the filing officer. - o :ra..sferred to designate /p-oL ions after the effective date of the Code le statements within ten days after assuming offices or if subject to State Senate confirmation, ten days- after being - nominated or appointed- - (C) Annual Statements. All designated employees shall file statements no Jater than April 1_ • (D) Leaving Office Statements_ Ajj_ persons %-7 bo _ - leave designated positions shall file statements within - thirty days after leaving.office. - (6 ) Section 5. Contents 'of' and Period Covered by Statements of Econo;ttic Interests_ (A) Contents of Initial Statements. Zni_tial. - statements shall disclose -any reportable 3_nvestrttents,• interest; � in real property and business positions Beed on L•he. effeotti.vE - . date of the Code. (B) Contents of Assuming Office Statements_ Assuming office statements shall disclose Zany reportable - investments, interests. in real property and business positiOns _ held on the date of assuming office• or, if si-c— i_a State Senate confirmation or appointment, on the cIz to of no_miz3ution... (C) Contents of Annual Statements- Annuzl state menus shall disclose any reportable investments, interests in real property, income and business positi_c>ns held or received during the previous calendar year pr-ovided, however, - that the period covered by an employee's .first znnual statemen. (�, ) The name of the . Asir(, .s entity in wiiicT, each investment is held, and a general descz-ipt: - of the business activity in which the business entity is engaged; {iii) The address or other precise locatio-n of the real property; _ .• (iv) A statement whether the fair market_ • `.value of the investment or interest in real proparty exceeds one thousand dollars ($1,000), exceeds ten :thousand dollars ($10,000) , or exceeds one hundzrea _:thousand dollars ($100,OOp)_ ( ) Personal Income Disclosure. When. personal income is•requirec to 'be reported,V the statement shall contain: - - .The - � - • ( ) name and address of c-ach source of income aggregating ttYo hundred fifty dolIa_rs ($15tt) - or more in value, or twenty-five dollars ($25.) c -r • Wore in value if the income was a gift, and -I - - general description of the business activity, if- - any, of each source_ - - - 5� A designated enployeets income :includes his or her community property interest in the income of his or here spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. Dusint...s entity received ,-yment � if the filerY..J prk ata share of gross rece(pts from such person was equal to or greater than ten. thousand dollars (D) Business Position Disclosure_ 17he'n business positions are required to be reported, a designated aMployee shall - list the naive and address of each business entity in. which he or she is a director, officer, partner, trusteer - employee, or inwhich he or she holds any position of manage— .- = ' merit, a description.of the business activity in which the - business entity is engaged, and the designated erployee's position with the business entity. . (E) Acquisition or Disposal During Report.incg Period.' In the case of an annual or leaving- cffic_e• state;:ien if an,investment or an interest in xeal property tray p arti.al3y -or wholly acquired or disposed c�f: during- tbc: l�c.ri.acl c-t�:E=r c by . the statement, the statement shall contain the cies t -e cif acquisition or disposal.• {8). Section 8_ Disqualification. . _ No designated enployee shall make,- participate in - making, or'use his or her official positions to influezxce the making of any governmental decision which will foreseeably. have a material.financial effect, distinguishable from its, effect on the public generally, on. (A) : Any business entity in which the +designated employee has a direct or indirect investment worth mor}, than one thousand dollars .. 9 w - this determ at" 1 and disclosure sh 1 b -iade jLrn Wrl-ting to his or her ppointing` authority; an( in the case of other designated employees, this determination and disclosure r shall be made in writing to the designated employee's supervisor. (10) Section 10. Assistance of the Commisslon and Counsel. . Any designated. employee who is unsure of -his or her duties under this Code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section .83114 or from the attorney for his or her agency, provided 'that nothing in this section requires .the- attorney for the 'ag.ency to issue any formal or informal opinion - (11) -Section 11. :Violations. This Code has the force and effect of 1zn-7.- Designate employees violating any provision of this .Code z,7_ e suz'iect. C to the administrative, criminal and civil sanct_ionzcz pra:-3 ded in the -Political Reform Act, Government Code Sect ions SIC+C10 91014_ In addition, a decision'in 'relatzori. to Yoh 1ch zt vIoZati( of the disqualification provisions of this Code 0r of coverrf,aez ' Code Section. 8710.0 has occurred may be set asxdc- ris. void pursuant toGovernment Code Section 91003.