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HomeMy WebLinkAboutAgenda Report - August 17, 2016 C-10CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: AGENDA ITEM Gio Accept the Notice of Draft Amendments to Conflict of Interest Code for the 2016 Calendar Year per Government Code Section 87306.5. MEETING DATE: August 17, 2016 PREPARED BY: City Attorney RE COMMENDATION: Accept the Notice of Draft Amendments to Conflict of Interest Code for the 2016 Calendar Year per Government Code Section 87306.5. BACKGROUND: The City Council must, as the Code reviewing body under the California Political Reform Act, review the City's Conflict of Interest Code biennially to determine whether or not an amendment to the Code is necessary. The attached Resolution makes draft changes to the Code based on conditions occurring since the last update in 2014. The attached resolution is in draft form and must be published by Council to begin the 45 -day public comment period on the proposed changes. A final version will be brought back to the Council for approval on October 19, 2016. The majority of the changes reflect little more than title changes of positions, the addition of new positions or the deletion of positions eliminated in the 2014/2015 and 2015/2016 budgets. The most significant change is the addition of positions within the City that use a Cal -Card (the City credit card) to make purchases of supplies, services, materials, equipment or machinery for the City. For Council's convenience, the changes to the Code are reflected in underline/strikeout form in the draft resolution attached to this Council Communication. FUNDING: Not applicable FISCAL IMPACT: Not applicable. APPROVED: J nice D. cy'llgdich City Attorney RESOLUTION NO. 2016- A RESOLUTION OF THE LODI CITY COUNCIL REPEALING RESOLUTION NO. 2014-212 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. 2014-212 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 , 2016. Dated: , 2016 I hereby certify that Resolution No. 2016- was passed and adopted by the City Council of the City of Lodi in a regular meeting held , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — JENNIFER M. FERRAIOLO City Clerk 2016- APPENDIX A DESIGNATED OFFICIALS AND EMPLOYEES The following is a listing of those persons who are required to submit Statements of Economic 1 Interests (Form 700) pursuant to the Political Reform Act of 1974, as amended: 1 1 List of designated positions required to file Form 700: Department: Position: Disclosure Category: City Manager City Manager Deputy City Manager/Internal Services Director 1 Business Development Manager 1 Management Analyst/Risk Manager 1 City Attorney City Attorney * Deputy City Attorney 1 City Clerk City Clerk 1 Deputy City Clerk 1 Community Development Community Development Director 1 Junior\Assistant\Associate\SeniorCity Planner 1 Building Official 1 Building Inspector1\11 2, 3, 6, 7 Neighborhood Services Manager 1 Assistant Engineer/ Plans Examiner 1 Electric Utility Electric Utility Director ir--i- tirN ori ori Lri cri co co Cl co rS C co- — LO L6 LO L61 JJ c,I cnf l Vl Electric Utility Superintendent Engineering & Operations Manager Distribution Planner Senior Power Engineer Electrical Engineer Senior Electrical Engineering Technician Electrical Engineering Technician Substation/Metering Supervisor Rates & Resources Manager Electric Utility Rate Analyst Construction/Maintenance Supervisor Electric Materials Technician Electric Distribution Operations Supervisor Electric Utility Resources Analyst Troubleshooting Supervisor Field Services Supervisor Fire Fire Chief 1 Fire Division Chief \ Operations 1 Fire Battalion Chief \ Training 5 Fire Battalion Chief 5 Management Analyst 2, 3, 4 Fire Captain ** 5 2 3 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 Internal Information Systems Manager 1 Services/Information Network Administrator 5 Systems Senior Programmer/Analyst 3,4,6 Library Library Services Director 1 Librarian 2,3,5,7 Literacy & Volunteer Manager 2,3,5,7 Senior Library Assistant 2,3,5,7 Parks, Recreation and Parks, Recreation and Cultural Services Director 1 Cultural Services Park Superintendent 1 Park Project Coordinator 2,3,5 Recreation Superintendent 2,3,5,7 Recreation Manager 2,3,5,7 Stage Technician 5 Building Services Supervisor 5,7 Event Coordinator 5 7 Park Maintenance Worker III ** 5 Park Supervisor ** 5 Senior Facilities Maintenance Worker ** 5 Police Police Chief 1 Police Captain 1 Management Analyst 2,3,4 Community Improvement Officer I/II 2,3,5,7 Animal Services Supervisor 5 Administrative Secretary 5 Senior Administrative Clerk 5 Public Works Public Works Director 1 Public Works Management Analyst 2,3,5,7 Transportation Manager/Senior Traffic Engineer 1 Junior\Assistant\Associate Planner (Transportation) 2,3,5,7 City Engineer/Deputy Public Works Director 1 Compliance Engineer 2,3,5,7 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 Public Works Inspector 2,3,5,7 3 1 1 4 Deputy Public Works Director Utilities Manager 1 Utilities Superintendent - PW 2,3,5,7 Wastewater Plant Superintendent 2,3,5,7 Water Plant Superintendent 2,3,5,7 Chief Wastewater Plant Operator 2,3,5,7 Electrician ** 2,3,5,7 Laboratory Services Supervisor 2,3,5,7 Parts Clerk 2,3,5,7 Plant & Equipment Mechanic ** 2,3,5,7 Senior Engineering Technician ** 2,3,5,7 Senior Storekeeper 2,3,5,7 Street Maintenance Worker III ** 2,3,5,7 Street Supervisor ** 2,3,5,7 Water Plant Operator III ** 2,3,5,7 Water Services Technician I ** 2,3,5,7 Water/Wastewater Maintenance Worker III ** 2,3,5,7 Water/Wastewater Supervisor ** 2,3,5,7 Watershed Program Coordinator 2,3,5,7 Traffic & Sign Making Worker ** 2,3,5,7 Wastewater Plant Operator 2,3,5,7 Environmental Compliance Inspector 2,3,5,7 Boards and Commissions Members of the Planning Commission * Members of the Recreation Commission 2,3,4,6,7,8 Members of the Site Plan and Architectural Review 2,3,4,6,7,8 Committee Members of the Library Board of Trustees 2,3,4,6,7,8 Members of the Lodi Improvement Committee 2,3,4,6,7,8 Members of the Lodi Arts Commission 2,3,4,6,7,8 Members of the Lodi Animal Advisory Commission 2,3,4,6,7,8 Members of the Art Advisory Board 2,3,4,6,7,8 Consultants Community Development CDBG Program Administration(Contract 3,4,6 Consultant PMC Michael Baker International) Interwest Consulting Group (Contract 3,4,6 Plan Check Services) Bureau Veritas (Contract Plan Check 3,4,6 Services) 4 Electric Utility Internal Services/Human Resources Police Public Works Flynn Resource Consulting, Inc. Robertson Bryan, Inc. York Insurance Service Group DB Claims Services Group, Inc. People Assisting the Lodi Shelter (PALS)Lodi Shelter Pals West Yost & Associates Langan Treadwell & Rollo RMC Water and Environment WGR Southwest Stantec Mark Thomas and Company Terracon MV Transportation 1 1- 3,4,6,8 3,4,6,8 3,4,6,8 2,5 3,4,6 3,4,6 3,4,6 3,4,6 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. ** Applicable only to those employees in the position issued a Cal -Card Visa. 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. 5 Public Officials Who Manage 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. 6 APPENDIX B DISCLOSURE CATEGORIES Individuals holding designated positions must report their interests according to their assigned disclosure category(ies). DISCLOSURE CATEGORIES 1. 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. 7 Jennifer Ferraiolo From: Jennifer Ferraiolo Sent:. Thursday, August 18, 2016 12:19 PM To: Management Team - Executive; Jennifer Winn; Dean Gualco; Joseph Wood; Kari Chadwick; Jeff Hood Cc: Department Secretaries; Janice Magdich; Peggy Nicolini; Pamela Farris Subject: 2016 Conflict of Interest Code Attachments: noticeofintention.pdf Attached please find Notice of Intention that the City of Lodi proposes to amend its Conflict of Interest Code to include positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest. Specifically, the proposed amendments will add positions that are newly created by the agency, delete positions that are no longer used by the agency, and amend position titles. The City Council will consider the amendments at its meeting of October 19, 2016. Please forward this message to the designated filers in your department (refer to the attachment for a list of designated positions). Designated filers may include employees, board or commission members, and/or contractors. The 45 -day written comment period will be conducted through October 10, 2016; comments should be sent to the City Clerk's Office. Jennifer M. Ferraiolo, CMC City Clerk P.O. Box 3006 Lodi, CA 95241-1910 (209) 333-6702 (209) 333-6807 FAX 1 NOTICE OF INTENTION TO AMEND THE CONFLICT OF INTEREST CODE OF THE CITY OF LODI NOTICE IS HEREBY GIVEN that the City of Lodi, pursuant to the authority vested in it by Section 87306 of the California Government Code, proposes amendments to its Conflict of Interest Code. The purpose of these amendments is to implement the requirements of Section 87300 through 87302 and Section 87306 of the Government Code. The City of Lodi proposes to amend its Conflict of Interest Code to include positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (a) of the Section 87302 of the Government Code. Specifically, the proposed amendments will add positions that are newly created by the agency and delete positions that are no longer used by the agency. Copies of the proposed amended Conflict of Interest Code are available for public review and may be requested from the Lodi City Clerk's Office at (209) 333-6702. A 45 -day written comment period will be conducted through October 10, 2016. Comments must be received by the City Clerk on or before October 10, 2016, at 5:30 p.m. and may be hand - delivered to the City Clerk at City Hall, 221 W. Pine Street, Lodi, California, 95240; mailed to the City Clerk at P.O. Box 3006, Lodi, CA 95241; or e-mailed to the City Clerk at iferraioloccr�,lodii.2ov. The Lodi City Council will consider the adoption of a resolution approving Year 2016 Amendments to the Conflict of Interest Code at its regularly scheduled meeting on October 19, 2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Carnegie Forum, 305 West Pine Street, Lodi. Dated: August 18, 2016 JENNIFER M. FERRAIOLO City Clerk RESOLUTION NO. 2016- A RESOLUTION OF THE LODI CITY COUNCIL REPEALING RESOLUTION NO. 2014-212 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. 2014-212 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 , 2016. Dated: 2016 I hereby certify that Resolution No. 2016- was passed and adopted by the City Council of the City of Lodi in a regular meeting held , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — JENNIFER M. FERRAIOLO City Clerk 2016- APPENDIX A DESIGNATED OFFICIALS AND EMPLOYEES The following is a listing of those persons who are required to submit Statements of Economic 1 Interests (Form 700) pursuant to the Political Reform Act of 1974, as amended: List of designated positions required to file Form 700: Department: Position: Disclosure Category: City Manager City Manager Deputy City Manager/Internal Services Director 1 Business Development Manager 1 Management Analyst/Risk Manager 1 City Attorney City Attorney * Deputy City Attorney 1 City Clerk City Clerk 1 Deputy City Clerk 1 Community Development Community Development Director 1 Junior\Assistant\AssociatelSenirCity Planner 1 Building Official 1 Building Inspector I\II 2, 3, 6, 7 Neighborhood Services Manager 1 Assistant Engineer/ Plans Examiner 1 Electric Utility Electric Utility Director 1 Electric Utility Superintendent 1 Engineering & Operations Manager 1 D•str;ht t zi Planner 3, 5, 7 Senior Power Engineer 3, 5, 7 Electrical Engineer 3, 5, 7 Senior Electrical Engineering Technician 3, 5, 7 Electrical Engineering Technician 3, 5, 7 Substation/Metering Supervisor 5, 6 Rates & Resources Manager 1 Electric Utility Rate Analyst 5 Construction/Maintenance Supervisor 5, 6 Electric Materials Technician 5 Electric Distribution Operations Supervisor 5 6 Electric Utility Resources Analyst 5 Troubleshooting Supervisor 5,6 Field Services Supervisor 2,5 Fire Fire Chief 1 Fire Division Chief \ Operations 1 Fire Battalion Chief 1 Training 5 Fire Battalion Chief 5 Management Analyst 2, 3, 4 Fire Captain ** 5 2 3 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 Internal Information Systems Manager 1 Services/Information Network Administrator 5 Systems Senior Programmer/Analyst 3,4,6 Library Library Services Director 1 Librarian 2,3,5,7 Literacy & Volunteer Manager 2,3,5,7 Senior Library Assistant 2,3,5,7 Parks, Recreation and Parks, Recreation and Cultural Services Director 1 Cultural Services Park Superintendent 1 Park Project Coordinator 2,3,5 Recreation Superintendent 2,3,5,7 Recreation Manager 2,3,5,7 Stage Technician 5 Building Services Supervisor 5,7 Event Coordinator 5,7 Park Maintenance Worker III ** 5 Park Supervisor ** 5 Senior Facilities Maintenance Worker ** 5 Police Police Chief 1 Police Captain 1 Management Analyst 2,3,4 Community Improvement Officer I/II 2,3,5,7 Animal Services Supervisor 5 Administrative Secretary 5 Senior Administrative Clerk 5 Public Works Public Works Director 1 Public Works Management Analyst 2,3,5,7 Transportation Manager/Senior Traffic Engineer 1 Junior\AssistantWssociate Planner (Transportation) 2,3,5,7 City Engineer/Deputy Public Works Director 1 Compliance Engineer 2,3,5,7 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 Public Works Inspector 2,3,5,7 3 4 Doputy Public Works Diroctor Utilities Manager 1 Utilities Superintendent - PW 2,3,5,7 Wastewater Plant Superintendent 2,3,5,7 Water Plant Superintendent 2,3,5,7 Chief Wastewater Plant Operator 2,3,5,7 Electrician ** 2,3,5,7 Laboratory Services Supervisor 2,3,5,7 Parts Clerk 2,3,5,7 Plant & Equipment Mechanic ** 2,3,5,7 Senior Engineering Technician ** 2,3,5,7 Senior Storekeeper 2,3,5,7 Street Maintenance Worker III ** 2,3,5,7 Street Supervisor ** 2,3,5,7 Water Plant Operator III ** 2,3,5,7 Water Services Technician I ** 2,3,5,7 Water/Wastewater Maintenance Worker III ** 2,3,5,7 WaterMlastewater Supervisor ** 2,3,5,7 Watershed Program Coordinator 2,3,5,7 Traffic & Sign Making Worker ** 2,3,5,7 Wastewater Plant Operator 2,3,5,7 Environmental Compliance Inspector 2,3,5,7 Boards and Commissions Members of the Planning Commission * Members of the Recreation Commission 2,3,4,6,7,8 Members of the Site Plan and Architectural Review 2,3,4,6,7,8 Committee Members of the Library Board of Trustees 2,3,4,6,7,8 Members of the Lodi Improvement Committee 2,3,4,6,7,8 Members of the Lodi Arts Commission 2,3,4,6,7,8 Members of the Lodi Animal Advisory Commission 2,3,4,6,7,8 Members of the Art Advisory Board 2,3,4,6,7,8 Consultants Community Development CDBG Program Administration(Contract 3,4,6 Consultant — PMC Michael Baker International) Interwest Consulting Group (Contract 3,4,6 Plan Check Services) Bureau Veritas (Contract Plan Check 3,4,6 Services) 4 Electric Utility Internal Services/Human Flynn Resource Consulting, Inc. Reb e rt so n -Bryan -l -pc—. York Insurance Service Group Resources DB Claims Services Group, Inc. Police Public Works People Assi&t+ng-the Lodi-Shelter-(-P-ALS-)Lodi Shelter Pals West Yost & Associates Langan Treadwell & Rollo RMC Water and Environment WGR Southwest Stantec Mark Thomas and Company Terracon MV Transportation 1 4 3,4,6,8 3,4,6,8 2,5 3,4,6 3,4,6 3,4,6 3,4,6 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. Applicable only to those employees in the position issued a Cal -Card Visa. 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. 5 I Public Officials Who Manage 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. 6 APPENDIX B DISCLOSURE CATEGORIES Individuals holding designated positions must report their interests according to their assigned disclosure category(ies). DISCLOSURE CATEGORIES 1. 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. 7 Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: NOTICE OF INTENTION TO AMEND THE CONFLICT OF INTEREST CODE OF THE CITY OF LODI PUBLISH DATE: WEDNESDAY, AUGUST 24, 2016 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, AUGUST 18, 2016 ORDERED BY: JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 m,- 4 IFER F RRAIOLO Y CLER PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File Emailed to the Sentinel at dianer@lodinews.com at (time) on (date) (pages) LNS Phoned to confirm receipt of all pages at (time) EB PMF (initials) forms\advins.doc NOTICE OF INTENTION TO AMEND THE CONFLICT OF INTEREST CODE OF THE CITY OF LODI NOTICE IS HEREBY GIVEN that the City of Lodi, pursuant to the authority vested in it by Section 87306 of the California Government Code, proposes amendments to its Conflict of Interest Code. The purpose of these amendments is to implement the requirements of Section 87300 through 87302 and Section 87306 of the Government Code. The City of Lodi proposes to amend its Conflict of Interest Code to include positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (a) of the Section 87302 of the Government Code. Specifically, the proposed amendments will add positions that are newly created by the agency and delete positions that are no longer used by the agency. Copies of the proposed amended Conflict of Interest Code are available for public review and may be requested from the Lodi City Clerk's Office at (209) 333-6702. A 45 -day written comment period will be conducted through October 10, 2016. Comments must be received by the City Clerk on or before October 10, 2016, at 5:30 p.m. and may be hand - delivered to the City Clerk at City Hall, 221 W. Pine Street, Lodi, California, 95240; mailed to the City Clerk at P.O. Box 3006, Lodi, CA 95241; or e-mailed to the City Clerk at iferraioloModi.gov. The Lodi City Council will consider the adoption of a resolution approving Year 2016 Amendments to the Conflict of Interest Code at its regularly scheduled meeting on October 19, 2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Carnegie Forum, 305 West Pine Street, Lodi. Dated: August 18, 2016 JENNIFER M. FERRAIOLO City Clerk DECLARATION OF POSTING NOTICE OF INTENTION TO AMEND THE CONFLICT OF INTEREST CODE OF THE CITY OF LODI On Thursday, August 18, 2016, in the City of Lodi, San Joaquin County, California, a copy of a Notice of Intention to amend the Conflict of Interest Code of the City of Lodi (attached hereto, marked Exhibit "A') was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on August 18, 2016, at Lodi, California. ORDERED BY: Th 1FER ME - RAIOLO CLERK PAMELA FARRIS ELIZABETH BURGOS DEPUTY CITY CLERK ADMINISTRATIVE CLERK N:\Administration\CLERK\Public Hearings \AFFADAVITS\DECPOST1.DOC NOTICE OF INTENTION TO AMEND THE CONFLICT OF INTEREST CODE OF THE CITY OF LODI NOTICE IS HEREBY GIVEN that the City of Lodi, pursuant to the authority vested in it by Section 87306 of the California Government Code, proposes amendments to its Conflict of Interest Code. The purpose of these amendments is to implement the requirements of Section 87300 through 87302 and Section 87306 of the Government Code. The City of Lodi proposes to amend its Conflict of Interest Code to include positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (a) of the Section 87302 of the Government Code. Specifically, the proposed amendments will add positions that are newly created by the agency and delete positions that are no longer used by the agency. Copies of the proposed amended Conflict of Interest Code are available for public review and may be requested from the Lodi City Clerk's Office at (209) 333-6702. A 45 -day written comment period will be conducted through October 10, 2016. Comments must be received by the City Clerk on or before October 10, 2016, at 5:30 p.m. and may be hand - delivered to the City Clerk at City Hall, 221 W. Pine Street, Lodi, California, 95240; mailed to the City Clerk at P.O. Box 3006, Lodi, CA 95241; or e-mailed to the City Clerk at jferraioloCa7lodi.gov. The Lodi City Council will consider the adoption of a resolution approving Year 2016 Amendments to the Conflict of Interest Code at its regularly scheduled meeting on October 19, 2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Carnegie Forum, 305 West Pine Street, Lodi. Dated: August 18, 2016 JENNIFER M. FERRAIOLO City Clerk RESOLUTION NO. 2016- A RESOLUTION OF THE LODI CITY COUNCIL REPEALING RESOLUTION NO. 2014-212 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. 2014-212 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 , 2016. Dated: . 2016 hereby certify that Resolution No. 2016- was passed and adopted by the City Council of the City of Lodi in a regular meeting held 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — JENNIFER M. FERRAIOLO City Clerk 2016- APPENDIX A DESIGNATED OFFICIALS AND EMPLOYEES The following is a listing of those persons who are required to submit Statements of Economic Interests (Form 700) pursuant to the Political Reform Act of 1974, as amended: List of designated positions required to file Form 700: Department: Position: Disclosure Category: City Manager City Manager Deputy City Manager/Internal Services Director Business Development Manager Management Analyst/Risk Manager * 1 1 1 City Attorney City Attorney * Deputy City Attorney 1 City Clerk City Clerk 1 Deputy City Clerk 1 Community Development Community Development Director 1 Junior\Assistant\Associate\Seni©rCity Planner 1 Building Official 1 Building Inspector I\II 2, 3, 6, 7 Neighborhood Services Manager 1 Assistant Engineer/ Plans Examiner 1 Electric Utility Electric Utility Director u7 uS 6' U LCD CO J J J 05 ri c�S rS cv 1.6 Lo LO in Ll LoiLI N -I Electric Utility Superintendent Engineering & Operations Manager Distribution Paner Senior Power Engineer Electrical Engineer Senior Electrical Engineering Technician Electrical Engineering Technician Substation/Metering Supervisor Rates & Resources Manager Electric Utility Rate Analyst Construction/Maintenance Supervisor Electric Materials Technician Electric Distribution Operations Supervisor Electric Utility Resources Analyst Troubleshooting Supervisor Field Services Supervisor Fire Fire Chief 1 Fire Division Chief \ Operations 1 Fire BattaIier,- Chici 1 Training 5 Fire Battalion Chief 5 Management Analyst 2, 3, 4 Fire Ca_atain ** 5 2 3 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 Internal Information Systems Manager 1 Services/Information Network Administrator 5 Systems Senior Programmer/Analyst 3,4,6 Library Library Services Director 1 Librarian 2,3,5,7 Literacy & Volunteer Manager 2,3,5,7 Senior Library Assistant 2,3,5,7 Parks, Recreation and Parks, Recreation and Cultural Services Director 1 Cultural Services Park Superintendent 1 Park Project Coordinator 2,3,5 Recreation Superintendent 2,3,5,7 Recreation Manager 2,3,5,7 Stage Technician 5 Building Services Supervisor 5,7 Event Coordinator 5 7 Park Maintenance Worker III ** 5 Park Supervisor ** 5 Senior Facilities Maintenance Worker ** 5 Police Police Chief 1 Police Captain 1 Management Analyst 2,3,4 Community Improvement Officer I/ll 2,3,5,7 Animal Services Supervisor 5 Administrative Secretary 5 Senior Administrative Cterk 5 Public Works Public Works Director 1 Public Works Management Analyst 2,3,5,7 Transportation Manager/Senior Traffic Engineer 1 Junior\Assistant\Associate Planner (Transportation) 2,3,5,7 City Engineer/Deputy Public Works Director 1 Compliance Engineer 2,3,5,7 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 Public Works Inspector 2,3,5,7 3 Boards and Commissions Deputy Public Works DiFeete—Utilities Manager Utilities Superintendent - PW Wastewater Plant Superintendent Water Plant Superintendent Chief Wastewater Plant Operator Electrician ** Laboratory Services Supervisor Parts Clerk Plant & Equipment Mechanic ** Senior Engineering Technician ** Senior Storekeeper Street Maintenance Worker III ** Street Supervisor ** Water Plant Operator 111 ** Water Services Technician I ** Water/Wastewater Maintenance Worker Ili ** Water/Wastewater Supervisor ** Watershed Program Coordinator Traffic & Sign Making Worker ** Wastewater Plant Operator Environmental Compliance Inspector 1 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 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 Improvement Committee Members of the Lodi Arts Commission Members of the Lodi Animal Advisory Commission Members of the Art Advisory Board 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 2,3.4,6,7,8 Consultants Community Development CDBG Program Administration(Contract Consultant – P -MG Michael Baker International) Interwest Consulting Group (Contract Plan Check Services) Bureau Veritas (Contract Plan Check Services) 3,4,6 3,4,6 3,4,6 4 1 Electric Utility Internal Services/Human Resources Police Public Works Flynn Resource Consulting, Inc. Rbe -Bryan tnG. York Insurance Service Group DB Claims Services Group, Inc. P-eeple-AssFsting-the--Lodi helto -(i ALS)Lodi Shelter Pals West Yost & Associates Langan Treadwell & Rollo RMC Water and Environment WGR Southwest Stantec Mark Thomas and Company Terracon MV Transportation 3,4,6,8 3,4,6,8 2,5 3,4,6 3,4,6 3,4,6 3,4,6 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. ** Applicable only to those employees in the position issued a Cal -Card Visa. 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. 5 Public Officials Who Manage 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. 6 APPENDIX B DISCLOSURE CATEGORIES Individuals holding designated positions must report their interests according to their assigned disclosure category(ies). DISCLOSURE CATEGORIES 1 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. 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. 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. 7