HomeMy WebLinkAboutAgenda Report - September 16, 1998 (50)GENDA TITLE: Resolution Amending City Conflict of Interest Code for
Various City Boards, Commissions and Designated
Employees
MEETING DATE: September 16, 1998
PREPARED BY: City Attorney
RECOMMENDATION: Council consideration and possible adoption of Resolution
Amending the List of Boards, Commissions and City
Employees and Officers subject to Conflict of Interest
Reporting Requirements.
BACKGROUND: The City Council, as the Code reviewing body, under the Political
Reform Act must pursuant to California Government Code §87306.5
periodically review and possibly update the City's Conflict of Interest
Code. The attached Resolution makes certain changes based on conditions occurring since the last
update.
The most significant change that is obvious in looking at the proposed Resolution is that the number of
disclosure categories has substantially increased over the previous Code. The reason for the increased
number of categories is that while the number of categories have increased, the level of disclosure has
decreased since the categories are more discreet in what is to be disclosed. The Fair Political Practices
Commission has recommended strongly that the increased number of disclosure categories be
incorporated into local Conflict of Interest Codes. Additionally, there have been several title changes due
to job descriptions or job titles being altered since the Council adopted the last Code. Examples of that are
the Personnel Director is now called the Human Resources Director, the Information Systems Coordinator
is now called the Information Systems Manager, and the Libradan is now called the Library Services
Director. Additionally, due to the reorganization in the Electric Utility, additional positions have been added
to the list of those who must provide disclosure statements.
FUNDING: None required.
Respectfully submitted,
Randall A. Hays, City Attorne
APPROVED:
H. D' on Flynn -- City Manager
RESOLUTION NO. 98-138
A RESOLUTION OF THE LODI CITY COUNCIL REPEALING
RESOLUTION NO. 94-151 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. 94-151 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 September 16, 1998.
Dated: September 16, 1998
I hereby certify that Resolution No. 98-138 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held September 16, 1998 by the following vote:
Ayes: Council Members — Johnson, Land, Mann, Pennino and Sieglock (Mayor)
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — None
�'�"`
Alice M. Rei the
City Clerk
98-138
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 730:
Department:
Position:
Disclosure Cateaorv:
City Manager
City Manager
Deputy City Manager
1
Assistant to City Manager
1
Economic Development Coordinator
1
Downtown Coordinator
1
Information Systems Manager
1
Information Systems Coordinator
2,3,4,5,8,10,11,15,16
City Attorney
City Attorney
Deputy City Attorney
1
City Clerk
City Clerk
1
Deputy City Clerk
1
Community Center
Community Center Director
1
Senior Services Coordinator
2,3,4,10,11,16
Arts Coordinator
2,3,4,10,11,16
Community Development
Community Development Director
1
Senior Planner
1
Junior\AssistantlAssociate Planner
1
Community Improvement Manager
1
Chief Building Inspector
1
Building Inspector 1111
1
Community Improvement Officer
2,3,4,6,10,16
Electric Utility
Electric Utility Director
1
Electric Utility Management
1
Administrator
1
Director Electric Services
1
Director Business Planning & Marketing
1
Director Engineering & Operations
1
Electric Utility Superintendent
2,3,4,6,7,8,9,10,15,16
Technical Services Manager
Finance
Finance Director
Accounting Manager
2,3,4,5,13,18
Accountant 1111
2,3,4,5,15
Purchasing Officer
2,3,4,5,6,10,11,12,15,16,1
Revenue Manager
9
Senior Storekeeper\Buyer
2,3,4,5,13,18
Buyer
2,3,10,12,16
Data Processing Manager
2,3,4,10,12,16
2, 3,4,5, 8,10,11,15,16
Fire
Fire Chief
1
Fire Division Chief\ Operations
2,3,4,6,10,11,12,14,19
Fire Division Chief \ Training
2,3,4,6,10,11,12,14,19
Fire Battalion Chief
2,3,4,6,10,11,12,14,19
Fire Marshall
1
Fire Inspector
1
Human Resources
Human Resources Director
1
Risk Manager
1
Human Resources Analyst
2,4,14,17,18
Library
Library Services Director
1
Parks and Recreation
Parks and Recreation Director
1
Parks Superintendent
1
Project Coordinator
2,3,4,6,7,8,10,16
Police
Police Chief
1
Police Captain
1
Public Works
Public Works Director
1
City Engineer
1
Senior Civil Engineer
2,3,4,6,7,8,9,10,15,16
Building\Equipment Maintenance
Superintendent
2,3,4,6,8,9,10,15,16
Street Superintendent
2,3,4,6,7,8,9,10,15,16
Water\Wastewater Superintendent
2,3,4,6,7,8,9,10,15,16
Assistant Water\Wastewater
2,3,4,6,7,8,9,10,15,16
Superintendent
2,3,4,10.11.15,16
Transportation Manager
2,3,4,10,11,15,16
Equipment Maintenance Supervisor
2,3,4,9,10,11,15,16
Tree Operations Supervisor
Boards and Commissions
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
2,3,4,6,7,8,9,10,16
Members of the Library Board of
Trustees
2,3,4,5,10,11
Members of the Gang Alternative
Project [ GAP ]
2,3,4,5,10,11
Members of the Lodi Eastside
Improvement Committee
2,3,4,5,7,8,9,10,16
Members of the Lodi Arts Commission
Consultants
11
" 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.
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
A
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
All investments and business positions in business entities, sources of income and
interests in real property.
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 income from
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.
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 monetary settlements of
employer-employee memorandums.
7
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.
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.
CITY COUNCIL
JACK A. SIEGLOCK, Mayor
KEITH LAND.
Mayor Pro Tempore
ROBERT J. JOHNSON
STEPHEN J. MANN
PHILLIP A. PENNINO
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6702
FAX (209) 333-6807
September 17, 1998
Fair Political Practices Commission
P.O. Box 807
Sacramento, CA 95804
Re: Updated Conflict of Interest Code
H. DIXON FLYNN
City Manager
ALICE M. REIMCHE
City Clerk
RANDALL A. HAYS
City Attorney
Please find attached certified copy of Resolution No. 98-138 entitled, "A
Resolution Of The Lodi City Council Repealing Resolution No. 94-151 Thereby
Amending City Of Lodi Conflict Of Interest Code".
This Resolution will become effective September 16, 1998.
Should you have any questions regarding this matter, please feel free to contact
my office.
Very truly yours,
izC) / 6&-/
Alice M. Rethe
City Clerk
AMR/JMP
Attachment
conflict\cottesp\I code. doc