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HomeMy WebLinkAboutAgenda Report - November 19, 2014 C-16AGENDA ITEM c-lb Crry or Lour CouNcrL CoMMUNTcATToN TM AGENDA TITLE MEETING DATE: PREPARED BY: Adopt a Resolution Approving Year 2014 Amendments to Conflict of lnterest Code(Government Code Section 87306.5) November 19,2014 City Attorney's Office RECOMMENDED ACTION: Adopt a resolution approving Year 20'14 Amendments to Conflict of lnterest Code (Government Code Section g7306.S). BACKGROUND INFORMATION: The City Council must periodically review and, if necessary, update theCity's Conflict of lnterest Code pursuant to California -Government Code Section 87306.5. The attached resolution makes changes basedon conditions occurring since the last update adopted by the Council in 2012. The attached resojution waspublished in draft form to begin the 45-day public comment period on the proposed changes. The majority ofthe changes made since 2012 reflect little more than title changes of posiiions, the additjon of new fositionsor t!1e deletion of positions eliminated in the 201212019 and Z}lgt2Ot+ nudgets, and comments received fromstaff. No comments to the proposed resolution were received from mem-bers of the public. The followingadditional changes have been made to the draft resolution approved by Council on Augu'st 20,2014: Community Development Department: o Addition: Senior Planner.o Deletion: Junior Engineer. Electric Utilitv Department: o Addition: Three (3) recently approved positions - Electrical Engineering Technician, Senior ElectricalEngineering Technician, and substation/Metering supervisor. Public Works Department: o Addition: Senior Management Analyst (creation of the position is on the agenda for Council approvalat this meeting).o Deletion: Management Analyst.¡ Correction: Reinstated positions mistakenly stricken from Appendix A, namely: Compliance Engineer,WaterA/úastewater Superintendent, Wastewater Plant ' Superintendení, and Water plant Superintendent. As required by statute, the final version of the resolution is now brought back to the City Council for finalapproval. FISCAL IMPAGT: None.FUNDING: None required. agdich IAPPROVED rney nager RESOLUTION NO. 201 4-212 A RESOLUTION OF THE LODI CITY COUNCIL REPEALING RESOLUTION NO. 2012-160 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 Óommission hãs adopted a iegulation (2Cal. 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 theír statements with the City Clerk of the City of Lodi and éuch statements shall be open for public inspection and reproduction pursuant to Government Code section 81008. Statements for all designated offìcials and employees will be retained by the City of Lodi. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. Resolution No. 2012-160 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 añd employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of lnterest 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 Cleik 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 tñe 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 19,2014- Dated: November 19,2014 I hereby certify that Resolution No. 2014-212 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 19, 2014,by the following vote: AyES: COUNCIL MEMBERS - Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian NOES: ABSENT: ABSÏAIN COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS _ None None None NIFER 2014-212 City Clerk SON APPENDIX A DESIGNATED OFFICIALS AND EMPLOYEES The following is a listing of those persons who are required to submit Statements of Economic lnterests pursuant to the Political Reform Act of 1974, as amended: List of d nated reouired to file F orm 700: Department:Position:D ure Cateqory: City Manager City Manager Deputy City Manager/lnternal Services Director Business Development Manager Management Analyst/Risk Manager 1 1 1 City Attorney City Attorney Deputy City Attorney * 1 City Clerk City Clerk Deputy City Clerk 1 1 Community Development Community Development Director J unior\Assistant\Associate\Senior Plan ner Building Official Building lnspector l\ll Neighborhood Services Manager Assistant Engineer/ Plans Examiner 1 1 1 2,3,6,7 1 1 Electric Utility Electric Utility Director Electric Utility Superintendent Engineering & Operations Manager Distribution Planner Senior Power Engineer Electrical Engineer Senior Electrical Engineering Technician Electrical Engineering Technician Substation/Meteri ng Su Pervisor Rates & Resources Manager Electric Utility Rate AnalYst Construction/Maintenance Supervisor Electric Materials Technician I 1 1 3,5,7 3, 5,7 3, 5,7 3,5,7 3, 5,7 5,6 1 5 5,6 5 Fire Fire Chief Fire Division Chief \ OPerations Fire Battalion Chief \ Training Fire Battalion Chief Management Analyst 1 1 5 5 2 3 4 lnternal Services/H uman Resources Human Resources Manager Management Analyst 1 2,8 lnternal Services/Financial Services Financial Services Manager Accountant Supervising Accountant 2,3,4,8 2,3,4 2,3,4 I nternal Services/Budget Supervising Budget AnalYst Management Analyst 2, 2, 3 3 ,4, ,4, I I lnternal Services/lnformation Systems I nformation Systems Manager Network Administrator Senior Programmer/AnalYst 1 5 3 4,6 Library Library Services Director 1 Parks, Recreation and Cultural Services Parks, Recreation and Cultural Services Director Park Superintendent Park Project Coordinator Recreation Superintendent Recreation Manager Stage Technician Building Services Supervisor 1 1 2, 2, 2, 5 5, 3,5 3,5,7 3,5,7 7 Police Police Chief Police Captain Management Analyst Community lmprovement Officer l/ll Animal Services Supervisor 1 1 2,3,4 2,3,5,7 5 Public Works Public Works Director Management Analyst Transportation Manager J u n i o r\Ass istant\Associ ate P I a n ne r (Tra n s po rtati on) City Engineer/Deputy Public Works Director Compliance Engineer Construction Project Manager Senior Civil Engineer Fleet Services Supervisor Facilities Supervisor Deputy Public Works Director - Utilities Utilities Superintendent - PW Wastewater Plant Superintendent Water Plant Superintendent 1 2,3,5,7 1 2,3,5,7 1 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 1 2,3,5,7 2,3,5,7 2,3,5,7 Boards and Commissions Members of the Planning Commission Members of the Recreation Commission Members of the Site Plan and Architectural Review Committee Members of the Library Board of Trustees Members of the Lodi lmprovement Committee Members of the Lodi Arts Commission Members of the Lodi Animal Advisory Commission * 2,3,4,6,7,8 2,3,4,6,7,8 2,3,4,6,7,8 2,3,4,6,7,8 2,3,4,6,7,8 2,3,4,6,7,8 Consultants Community Development Electric Utility I nternal Services/Human Resources Police Public Works CDBG Program Administration(Contract Consultant - PMC) lntenryest Consulting Group (Contract Plan Check Services) Bureau Veritas (Contract Plan Check Services) Flynn Resource Consulting, lnc Robertson-Bryan, lnc. York lnsurance Service Group DB Claims Services Group, lnc. People Assisting the Lodi Shelter (PALS) West Yost & Associates Langan Treadwell & Rollo RMC Water and Environment WGR Southwest Stantec Mark Thomas and Company 3,4,6 3,4,6 3,4,6 1 1 3,4,6,8 3,4,6,8 2, 3, 3, 3, 3, 3, 3, 5 4,6 4,6 4,6 4,6 4,6 4,6 * 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. auihorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; S. grani 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, ór grânt agency approval of policies, standards, or guidelines for the agency, or for any subdivision thereof; or B. Serves inã staff capacity with the agency and in that capacity performs the same or substantially the same duties for the agency that would otheruvise be performed by an individual holding a position specified in the agencies Conflict of lnterest Code' The City Manager or his designee may determine in writing that a particular consultant, although a "designated position" is hirãd to perform a range of duties that are limited in scope and thus is not req-uired 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 lnterest Code. Who cti 8720ù: 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. tJ 1 2 3 APPENDIX B DISCLOSURE CATEGORIES lndividuals 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 interestð 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. lnvestments and business positions in business entities, and all sources of income, including loans, gifts, and travel payments, from allsources. lnterests 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. lnvestments 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. lnvestments 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. lnvestments 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. lnvestments 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. lnvestments 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. 4 5 6 7 I e-l bAGENDA ITEM Crrv or Lonr Couucu, CovrMUNrcATIoN TM AGENDA TITLE MEETING DATE: November 19,2014 PREPARED BY: City Attorney's Office Adopt a Resolution Approving Year 2014 Amendments to Conflict of lnterest Code (Government Code Section 87306.5) RECOMMENDED AGTION:Adopt a resolution approving Year 2014 Amendments to Conflict of lnterest Code (Government Code Section 87306.5). BACKGROUND INFORMATION: The City Council must periodically review and, if necessary, update the City's Conflict of lnterest Code pursuant to California Government Code Section 87306.5. The attached resolution makes changes based on conditions occurring since the last update adopted by the Council in 2012. The attached resolution was published in draft form to begin the 45-day public comment period on the proposed changes. The majority of the changes made since 2012 reflect little more than title changes of positions, the addition of new positions or the deletion of positions eliminated in the 201212013 and 201312014 budgets, and comments received from staff. No comments to the proposed resolution were received from members of the public. The following additional changes have been made to the draft resolution approved by Council on Augusl20,2014. Community Development Department: . Addition: Senior Planner.¡ Deletion: Junior Engineer. Electric Utility Department: 1-Addition: Three (3) recently approved positions - Electrical Engineering Technician, Senior Electrical Engineering Technician, and Substation/Metering Supervisor.o Addition: Reinstated two Disclosure cateqories for Distribution Planner Public Works Department: a++n++meet¡ngÞ ¡ Correction: Reinstated positions mistakenly stricken from Appendix A, na mely: Compliance Engineer, Wastewater Plant Superintendent, and Water Plant Superintendent. As required by statute, the final version of the resolution is now brought back to the City Council for final approval FISCAL IMPAGT: FUNDING: None. None required Magdich n APPROVED Ja Manager RESOLUTION NO. 2014- A RESOLUTION OF THE LODI CITY COUNCIL REPEALING RESOLUTION NO. 2012-160 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. 201 2-160 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 lnterest 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 October 15,2014. 3:91=I::Tlllilli1====================================================== I hereby certify that Resolution No. 2014--was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 19, 2014, by the following vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - JENNIFER M. ROBISON City Clerk 2014- APPENDIX A DESIGNATED OFFIC¡ALS AND EMPLOYEES The following is a listing of those persons who are required to submit Statements of Economic lnterests pursuant to the Political Reform Act of 1974, as amended: List of desisnated positions required to file Form 700: Department:Position:Disclosure Cateqorv: City Manager City Manager De puty City Ma nag er/l nternal Se rvi ces_Di rector Business Development Manaoer Management Analyst/Risk Manager @ rt 1 + L 1w City Attorney City Attorney Deputy City Attorney I City Clerk City Clerk 1 1 Community Development Community Development Director J unior\Assistant\Associate\Senior Planner Building Official Building lnspector l\ll Neighborhood Services Manager Junie#Assistant_!¡g!¡eer/ Pl ans Exa m i ne r Cngin€er 1 1 1 2 1 1 ,3,6,7 Electric Utility Electric Utility Director E lectric Operatienslli[ly Su peri ntende nt Eleetde-Engineeri ng & Operations Manager Distribution Planner Senior Power Engineer Electrical Enoineer Senior Electrical Enqineerino Technician Electrical Enqineerinq Technician Substation/Meterinq Supervisor Rates andg Resources Manager Electric Utility Rate Analyst Construction/Maintenance Supervisor Electric Materials Technician 1 1 1 5 +sf,_3,þl +3_3.1_ 3.5.7 3. 5.7 3.5.7tr 51 5 5-0 5 Fire Fire Chief Fire Division Chief \ Operations Fire Battalion Chief \ Training Fire Battalion Chief Manaqement Analvst 1 1 5 5 2.3.4 I nternal Services/Human Resources Human Resources Manager Management Analyst 1 2,8 I nternal Services/Financial Services Financial Services Manager Accountant Supervising Accountant 2, 2, 2, 3 3 3 ,4, ,4 ,4 I I nternal Services/Budget Supervising Budget Analyst Management Analyst Purenasins+e€hnt€ien 2,3,4,8 2,3,4,8 4 lnternal Services/lnformation Systems lnformation Systems Manager Network Administrator Senior Programmer/Analyst 1 5 3,4,6 Library Library Services Director @ 1 5 Parks, Recreation and Cultural Services Parks, Recreation and Cultural Services Director Park Superintendent Park Project Coordinator Recreation Superi ntendent Recreation Manager @ Stage TechnicianBuildingServices/@ 1 1 2,3,5 2,3,5,7 2,3,5,7 23þJ 55J Police Police Chief Police Captain Management Analyst Community lmprovement Officer l/ll Animal Services Supêrvisor 1 1 2,3,4 2,3,5,7 5 Public Works Public Works Director Senie+Ma nag e ment Analyst Transportation Manager Junior\Assistant\Associate Planner (Transportation) City Engineer/Deputy Public Works Director Compliance Enqineer Construction Project Manager Senior Civil Engineer Fleet Services Supervisor Facilities Supervisor Deputy Public Works Director - Utilities Water\Wastewater Superi ntenCen+ Utilities Superintendent - PW Wastewater Plant Superintendent SenieeSterekeeper Water Plant Superintendent 1 2,3,5,7 1 2,3,5,7 1 2.3.5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 1w 2,3,5,7 2,3,5,7W 2.3,5.7 Boards and Commissions Members of the Planning Commission Members of the Recreation Commission Members of the Site Plan and Architectural Review Committee Members of the Library Board of Trustees Members of the Lodi lmprovement Committee Members of the LodiArts Commission Members of the Lodi Animal Advisory Commission * 2,3,4,6,7,8 2,3,4,6,7,8 2,3,4,6,7,8 2,3,4,6,7,8 2,3,4,6,7,8 2,3,4,6,7,8 Consultants Community Development Electric Utility I nternal Services/Human Resources Police Public Works CDBG Prog ram Adm inistration(Contract Consultant - PMC) lntenruest Consulting Group (Contract Plan Check Services) Bureau Veritas (Contract Plan Check Services) AE€EM @ Flvnn Resource Consultino. lnc. Robertson-Brvan. lnc. York lnsurance Service Group DB Claims Services Group, lnc. People Assisting the Lodi Shelter (PALS) West Yost & Associates Lanqan Treadwell & Rollo Harris & Asseeiates RMC Water and Environment WGR uthwest Stantec Mark Thomas and Companv 3,4,6 3,4,6 3,4,6 34ß 34ß + Lt 3, 3, 4 4 ,6, 6, II 2,5 3.4, 6 +g-4$ +3,-1rc 3.4.6 3.4.6 3.4.6 3,4.6 * 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 pedorms the same or substantially the same duties for the agency that would othenryise be performed by an individual holding a position specified in the agencies Conflict of lnterest 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 lnterest Code. Public Officials Who Manaoe Public I (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. L Members of the Lodi Gity 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. 1 APPENDIX B DISCLOSURE CATEGORIES lndividuals holding designated positions must report their interests according to their assigned d isclosure 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. lnvestments and business positions in business entities, and all sources of income, including loans, gifts, and travel payments, from all sources. lnterests 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. lnvestments 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. lnvestments 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. lnvestments 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. lnvestments 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. lnvestments 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. 2 3 4 5. o. 7 8.