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HomeMy WebLinkAboutResolutions - No. 2008-210RESOLUTION NO. 2008-210 A RESOLUTION OF THE LODI CITY COUNCIL REPEALING RESOLUTION NO. 2006-208 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 Resolution No. 2006-208 is hereby repealed in its entirety. 2.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 5, 2008. Dated: November5, 2008 1 hereby certify that Resolution No. 2008-210 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November5, 2008, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Hansen, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None City Clerk 2008-210 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 reauired to file Form 700: Department: City Manager Position: Disclosure Category: City Manager Deputy City Manager/Internal Services 1 Director Management Analyst 1 City Attorney City Attorney Deputy City Attorney 1 City Clerk City Clerk 1 Assistant 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 Youth Commission Coordinator 2,3,4, 6,7,10,11,16,17 Sr. Facil. Maint. Worker 2,3,4, 6,7,10,11,16,17 Stage Technician 2,3,4, 6, 7,10,11,16,17 Community Development Community Development Director 1 Planning Manager 1 Senior Planner 1 Junior\Assistant\Associate Planner 1 Community Improvement Manager 1 Building Official 1 Building Inspector)\II\Senior 2,3,4,5,6,7,8,9,10,11,15,1 Electric Utility Fire Electric Utility Director 1 Assistant Electric Utility Director 1 Utility Operations Supervisor 4 6 Senior Electric Utility Rate Analyst 1 Manager, Customer Services 1 & Programs Distribution Planning Supervisor 4,6 Senior Power Engineer 2,3,4,6,7,8,9,10,15, Electric Utility Rate Analyst 2,3,4,6,7,8,9,10,15 Fire Chief 1 Fire Division Chief \ Operations 1 Fire Battalion Chief\ Training 4,10,11,12,19 Fire Battalion Chief 4,10,11,12,19 Fire Division Chief\ Fire Marshall 1 Fire Inspector 1 3 nternal Services/Human 3esources nternal Services/Financial services & Budget nternal 3ervices/I nformation systems _ibrary 'arks and Recreation Human Resources Manager Risk Manager Management Analyst Financial Services Manager Accountant 1111 Senior Accountant Budget Manager Management Analyst Senior Storekeeper Buyer Purchasing Technician Information Systems Manager Senior Information Systems Analyst Information Systems Coordinator Network Administrator Library Services Director Supervising Librarian Parks and Recreation Director Parks Superintendent Project Coordinator 'olice Police Chief Police Captains Management Analyst Community Improvement Officer Supervising Community Improvement Officer 'ublic Works Public Works Director City Engineer/Deputy Public Works Dir. Senior Civil Engineer Fleet & Facilities Manager Streets and Drainage Manager Assistant Streets & Drainage Manager Water Services Manager Water\Wastewater Superintendent Transportation Manager Transportation Planner Fleet Services Supervisor Tree Operations Supervisor/Arborist Management Analyst Senior Traffic Engineer Construction Project Manager 4 1 2, 4,14,17,18 2,4,14,17,18 2,3,4,5,13,18,20 2,3,4,5,15 2,3,4,5,15 2,3,4,5,13,18,20 2,4,14,17,18 2, 3,4,5,10,12,16 2,3,4,5,10,12,16 4,5,15,16 1 2,3,4,5,8,10,11,15,16 2,3,4,5,8,10,11,15,16 15,16 1 4,5,11,15 1 1 2,3,4,6,7,8,1 0,16 1 1 4,5,12 2,3,4,5,6,7,8, 9,10,11,15,16 2,3,4,5,6,7,8,9,10,11,15,16 1 1 2,3,4,6,7,8,9,10,15,16 2,3,4,6,6,9,10,15,16 2,3,4,6,7,8,9,10,15,16 2,3,4,6,7,8,9,10,15,16 2,3,4,5,6,7,8, 9,10,11,15,16 2,3,4,5,7,8,9,10,15,16 2,3,4,10,11,15,16 2,3,4,10,11,15,16 2,4,9, 11,16 2,4,6,7,8,9, 11,16 2,3,4,6,7,8,9,10,15,16 2,3,4,6,7,8,9,10,15,16 2,3,6,7,8,9.10,1 6 Boards and Commissions Members of the Planning Commission Consultants Community Development nternal Services/Human Resources ublic Works Members cf the Recreation Commission Members cf the Site Plan and Architectural Review Committee Members of the Library Board of Trustees Members of the Lodi Improvement Committee Members of the Lodi Arts Commission Members of the Lodi Budget/Finance Committee Members of the Lodi Animal Advisory Committee Members of the Lodi Senior Citizens Commission CDBG ProgramAdministration(Contract Consultant— PMC) Interwest Consulting Group (Contract Plan Check Services) Bureau Veritas (Contract Plan Check Services) NAFFA International (Contract Plan Check Services) Precision Inspection Company, Inc. (Contract Plan Check Services) Rad Bartlam Dyett & Bhatia Bragg & Associates DB Claims Services Group, Inc, West Yost & Associates Treadwell & Rollo • 2,3,4,6,7,8,9,10,16 2,3,4,6,7,8,9,10,1 6 2,3,4,6,7,8,9,10,1 6 2,3,4,6,7,8,9,10,1 6 2,3,4,5,7,8,9,10,1 6 2,3,4,5,7,8,9,10,16 2,3,4,5,7,8,9,10,16 2,3,4,5,7,8,9,10,16 1 2,3,4,5,6,7,8,9,10,11,15,16 2,3,4,5,6,7,8,9,10,11,1 5,16 2,3,4,5,6,7,8,9,10,11,15,16 2,3,4,5,6,7,8,9,10,11,15,16 2,3,4,5,6,7,8,9,1 0,11,15,16 1 1 2,4,5,11,13,14,17,18,19 2,4, 5,10,11,13,14,16,18,18 1 1 Exempted from Political Reform Act cf 1974, but required to file a statement of :conomic interests pursuant to Government Code section 87200. Desianated Employees are those positions within the city who may exercise independentjudgment 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 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 6 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 1. All investments and business positions in business entities, sources of income and interests in real property. 2. 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. 6. 7. 8. 9. Investments and business positions in and income from entities which are book outlets, vendors or providers of business services. 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. Investment and business positions in and income from sources engaged in the construction of public works projects. 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 cf negotiations involving monetary settlements of employer-employee memorandums. 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. 7 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. 20. All investments and business positions in business entities, sources of income, and interests in real property of the type which municipalities are permitted to invest under the California Government Code. 8