HomeMy WebLinkAboutResolutions - No. 2012-160RESOLUTION NO. 2012-160
A RESOLUTION OF THE LODI CITY COUNCIL REPEALING
RESOLUTION NO. 2010-185 THEREBY AMENDING CITY
OF LODI CONFLICT OF INTEREST CODE
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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 interestcode 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 Resolution No. 2010-185 is hereby repealed in its entirety.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 cant' 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 October 3, 2012.
Dated: October 3, 2012
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hereby certify that Resolution No. 2012-160 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held October 3, 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Nakanishi, and
Mayor Mounce
COUNCIL MEMBERS — None
COUNCIL MEMBERS — None
COUNCIL MEMBERS—None
2012-160
Rani To -@
City Clerk
APPENDIX A
DESIGNATED OFFICIALS AND EMPLOYEES
The following is a listing of those personswho are required to submit Statements of Economic
Interests pursuantto the Political Reform Act of 1974,as amended:
List of designated positions required to file Form 700:
Department:
Position:
Disclosure Cate -gory:
City Manager
City Manager
Deputy City Manager/Internal Services
1
Director
Management Analyst/Communications
1
Specialist
ManagementAnalyst/Risk Manager
1
Senior Programmer/Analyst
3, 4, 6
City Attorney
City Attorney
Deputy City Attorney
1
City Clerk
City Clerk
1
Assistant City Clerk
1
Community Development
Community Development Director
1
Junior\Assistant\Associate Planner
1
Building Official
1
Building Inspector 1111
2,3, 6,7
Neighborhood Services Manager
1
Junior/Assistant Plans Examiner
1
/Engineer
Electric Utility
Electric Utility Director
1
Electric Operations Superintendent
1
Electric Engineering Manager
1
Customer Service & Program Manager
1
Distribution Planner
5
Senior Power Engineer
3,5,7
Rates and Resources Manager
1
Electric Utility Rate Analyst
5,7
Construction/Maintenance Supervisor
5
Electric Materials Technician
5
Fire
Fire Chief
1
Fire Division Chief\ Operations
1
Fire Battalion Chief\ Training
5
Fire Battalion Chief
5
Internal Services/Human
Human Resources Manager
1
Resources
Management Analyst
2,8
Internal Services/Financial
Financial Services Manager
2,3,4,8
Services
Accountant
2,3,4
Supervising Accountant
2,3,4
Internal Services/Budget
Supervising Budget Analyst
2,3,4,8
Management Analyst
2,3,4,8
Purchasing Technician
4
Internal
Information Systems Manager
1
Services/Information
Network Administrator
5
Systems
Senior Programmer/Analyst
3,4,6
Library
Library Services Director
1
Library Services Manager
5
Parks, Recreation and
Parks, Recreation and Cultural Services
1
Cultural Services
Director
Park Superintendent
1
Park Project Coordinator
2,3,5
Recreation Superintendent
2,3,5,7
Recreation Manager
2,3,5,7
Community Center Manager
2,3,5,7
Stage Technician
5
Building Services/Event Coordinator
5
Police
Police Chief
1
Police Captain
1
Management Analyst
2,3,4
Community Improvement Officer 1111
2,3,5,7
Animal Services Supervisor
5
Public Works
Public Works Director
1
ManagementAnalyst
2,3,5,7
Transportation Manager
1
Junior\Assistant\Associate Planner
2,3,5,7
(Transportation)
City Engineer/Deputy PublicWorks Dir.
1
Construction Project Manager
2,3,5,7
Senior Civil Engineer
2,3,5,7
Fleet Services Supervisor
2,3,5,7
Facilities Supervisor
2,3,5,7
Deputy Public Works Director— Utilities
1
Streets and Drainage Superintendent
2,3,5,7
Water\Wastewater Superintendent
2,3,5,7
Wastewater Plant Superintendent
2,3,5,7
Senior Storekeeper
2,3,5,7
Boards and Commissions
Members of the Planning Commission
k
Members of the Recreation
2,3,4,6,7,8
Commission
Members of the Site Plan and
2,3,4,6,7,8
Architectural Review Committee
Members of the Library Board of
2,3,4,6,7,8
Trustees
Members of the Lodi Improvement
2,3,4,6,7,8
Committee
Members of the Lodi Arts Commission
2,3,4,6,7,8
Members of the Lodi Animal Advisory
2,3,4,6,7,8
Commission
Consultants
Community Development
CDBG Program Ad m in istration (Contract
3,4,6
Consultant — PMC)
Interwest Consulting Group (Contract
3,4,6
Plan Check Services)
Bureau Veritas (Contract Plan Check
3,4,6
Services)
AECOM
3,4,6
Raney Planning and Management, Inc.
3,4,6
Electric Utility
Matt Foskett Consulting LLC
1
Internal Services/Human
York Insurance Service Group
3,4,6,8
Resources
DB Claims Services Group, Inc.
3,4,6,8
Police
PeopleAssisting the Lodi Shelter
2,5
(PALS)
Public Works
West Yost & Associates
1
Treadwell & Rollo
1
Harris& Associates
3,4,7
* Exempt from Political Reform Act of 1974, but required to file a statement of economic interest
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 Who Manaqe Public Investments (Specified in Government Code Section
87200):
The positions listed below manage public investments and shall file a statement of economic
interests pursuant to Government Code Section 87200. These positions are listed for
informational purposes only.
1. Members of the Lodi City Council
2. City Manager
3. City Attorney
4. Finance Director
5. Members of the Lodi Planning Commission
An individual holding one of the above -listed positions may contact the Fair Political Practices
Commission for assistance or written advice regarding their filing obligations if they believe that
their position has been categorized incorrectly. The Fair Political Practices Commission makes
the final determination whether a position is covered by Government Code section 87200.
APPENDIX B
DISCLOSURE CATEGORIES
Individuals holding designated positions must report their interests according to their assigned
disclosure category(ies).
DISCLOSURE CATEGORIES
All investments and business positions in business entities, sources of income,
including loans, gifts, and travel payments, from all sources wherever located; and
interests in real property located within the jurisdiction of the City of Lodi or within
two (2) miles of the boundaries of the City of Lodi or within two (2) miles of any land
owned or used by the City of Lodi.
2. Investments and business positions in business entities, and all sources of income,
including loans, gifts, and travel payments, from all sources.
3. Interests in real property located within the jurisdiction of the City of Lodi or within
two (2) miles of the boundaries of the City of Lodi or within two (2) miles of any land
owned or used by the City of Lodi.
4. Investments and business positions in business entities, and sources of income from
entities, including loans, gifts, and travel payments, from sources providing supplies,
services, materials, equipment or machinery of the type used by the City of Lodi.
5. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources providing supplies, services,
materials, equipment or machinery of the type used by the designated position's
division or department.
6. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources, that filed a claim against the City of
Lodi during the previous two (2) years, or have a claim pending with the City of Lodi.
7. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources of the type to request an entitlement
to use agency property or facilities, including, but not limited to: licenses, utility
permits, and vendor permits.
8. 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 involving the City of Lodi.