HomeMy WebLinkAboutAgenda Report - October 19, 2016 C-17CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C4 7
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AGENDA TITLE: Adopt a Resolution Approving Year 2016 Amendments to Conflict of Interest Code
(Government Code Section 87306.5)
MEETING DATE: October 19, 2016
PREPARED BY: City Attorney's Office
RECOMMENDED ACTION: Adopt a resolution approving Year 2016 Amendments to Conflict of
Interest Code (Government Code Section 87306.5).
BACKGROUND INFORMATION: The City Council must periodically review and, if necessary, update
the City's Conflict of Interest 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 2014. The
attached resolution was published in draft form on August 24, 2016, to begin the 45 -day public comment
period on the proposed changes. The majority of the changes made since 2014 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, 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 August 17, 2016:
Lodi Public Library:
• Addition: Library Technician
Police Department:
• Delete/Replace: Community I-mprevernent Officer 1/11 Code Enforcement Officer
Public Works:
• Addition: Lead Electrician (scheduled to be presented to Council November 2016)
As required by statute, the final version of the resolution is now brought back to the City Council for final
approval.
FISCAL IMPACT: None.
FUNDING: None required.
Janice D.,Nlagdich
City Attorney
APPROVED:G- .�✓��
i_6( Stephen Schwabauer, City nager
RESOLUTION NO. 2016-186
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 October 19, 2016.
Dated: October 19, 2016
I hereby certify that Resolution No. 2016-186 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held October 19, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mayor Chandler
ABSTAIN: COUNCIL MEMBERS — None
2016-186
NNIFE? M. FERRAIOLO
City Clerk
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: I Position:
City Manager
City Attorney
City Manager
Deputy City Manager/Internal Services Director
Business Development Manager
Management Analyst/Risk Manager
City Attorney
Deputy City Attorney
City Clerk
Community Development
Electric Utility
Fire
City Clerk
Deputy City Clerk
Disclosure
Category:
1
1
1
*
Community Development Director
Junior\Assistant\Associate\City Planner
Building Official
Building Inspector I\II
Neighborhood Services Manager
Assistant Engineer/ Plans Examiner
Electric Utility Director
Electric Utility Superintendent
Engineering & Operations Manager
1
1
1
1
2, 3, 6, 7
1
1
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 Chief
Fire Division Chief \ Operations
Fire Battalion Chief
Management Analyst
Fire Captain **
Internal Services/Human
Resources
Human Resources Manager
Management Analyst
1
1
1
3,5,7
3,5,7
3, 5, 7
3,5,7
5, 6
1
5
5, 6
5
5,6
5
5,6
2,5
1
1
5
2, 3, 4
5
1
2,8
2
Internal Services/Financial Financial Services Manager
Services Accountant
Supervising Accountant
Internal Services/Budget Supervising Budget Analyst
Management Analyst
f 2,3,4,8
2,3,4
2,3,4
2,3,4,8
2,3,4,8
Internal
Services/Information
Systems
Library
Information Systems Manager
Network Administrator
Senior Programmer/Analyst
Parks, Recreation and
Cultural Services
Police
Public Works
1
5
3,4,6
Library Services Director
Librarian
Literacy & Volunteer Manager
Senior Library Assistant
Library Technician
Parks, Recreation and Cultural Services Director
Park Superintendent
Park Project Coordinator
Recreation Superintendent
Recreation Manager
Stage Technician
Building Services Supervisor
Event Coordinator
Park Maintenance Worker III **
Park Supervisor **
Senior Facilities Maintenance Worker **
1
2,3,5,7
2,3,5,7
2,3,5,7
2,3,5;7
1
1
2,3,5
2,3,5,7
2,3,5,7
5
5,7
5,7
5
5
5
Police Chief
Police Captain
Management Analyst
Code Enforcement Officer
Animal Services Supervisor
Administrative Secretary
Senior Administrative Clerk
Public Works Director
Public Works Management Analyst
Transportation Manager/Senior Traffic Engineer
Junior\Assistant'Associate Planner (Transportation)
City Engineer/Deputy Public Works Director
Compliance Engineer
Construction Project Manager
Senior Civil Engineer
Fleet Services Supervisor
Facilities Supervisor
Public Works Inspector
Utilities Manager
Utilities Superintendent - PW
Wastewater Plant Superintendent
1
1
2. 3,4
2,3,5,7
5
5
5
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
2,3,5,7
1
2,3,5,7
2,3,5,7
2,3,5,7
3
Boards and Commissions
Consultants
Community Development
Electric Utility
Internal Services/Human
Resources
Water Plant Superintendent
Chief Wastewater Plant Operator
Lead Electrician***
Electrician **
Laboratory Services Supervisor
Parts Clerk
Plant & Equipment Mechanic **
Senior Engineering Technician **
Senior Storekeeper
Street Maintenance Worker III **
Street Supervisor **
Water Plant Operator III **
Water Services Technician I **
Water/Wastewater Maintenance Worker III **
Water/Wastewater Supervisor **
Watershed Program Coordinator
Traffic & Sign Making Worker**
Wastewater Plant Operator
Environmental Compliance Inspector
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
CDBG Program Administration(Contract
Consultant — Michael Baker International)
Interwest Consulting Group (Contract
Plan Check Services)
Bureau Veritas (Contract Plan Check
Services)
Flynn Resource Consulting, Inc.
York Insurance Service Group
DB Claims Services Group, Inc.
4
3,4,6
3,4,6
3,4,6
1
3,4,6,8
3,4,6,8
Police
Public Works
Lodi Shelter Pals
West Yost & Associates
Langan Treadwell & Rollo
RMC Water and Environment
WGR Southwest
Stantec
Mark Thomas and Company
Terracon
MV Transportation
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.
***Position scheduled to be presented to City Council for Approval in November 2016.
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 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.
5
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
IFER F RRAI LO
Y CLER
PAMELA M. FARRIS
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
LNS
Emailed to the Sentinel at diaper@lodinews.com at (time) on (date) (pages)
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 iferraioloPlodi.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:
NIFER FERRAIOLO
Y CLER
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 jferraioloCc7lodi.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
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
Interests (Form 700) pursuant to the Political Reform Act of 1974, as amended:
List of designated positions required to file Form 700:
De • artment:
Position:
Disclosure
Category:
*
1
1
1
City Manager
City Manager
Deputy City Manager/Internal Services Director
Business Development Manager
Management Analyst/Risk Manager
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\SenierCity 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
1
Electric Utility Superintendent
1
Engineering & Operations Manager
1
Distribution
3, 5,
7
-Pa -prier
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
5
Management Analyst
2, 3,
4
Fire Captain **
5
2
Internal Services/Human
Resources
Human Resources Manager
Management Analyst
Internal Services/Financial
Services
1
2,8
Financial Services Manager
Accountant
Supervising Accountant
Internal Services/Budget
Internal
Services/Information
Systems
Library
2,3,4,8
2,3,4
2,3,4
Supervising Budget Analyst
Management Analyst
Information Systems Manager
Network Administrator
Senior Programmer/Analyst
2,3,4,8
2,3,4,8
Library Services Director
Librarian
Literacy & Volunteer Manager
Senior Library Assistant
Parks, Recreation and
Cultural Services
5
3,4,6
1
2,3,5,7
2,3,5,7
2,3,5,7
Parks, Recreation and Cultural Services Director
Park Superintendent
Park Project Coordinator
Recreation Superintendent
Recreation Manager
Stage Technician
Building Services Supervisor
Event Coordinator
Park Maintenance Worker III **
Park Supervisor **
Senior Facilities Maintenance Worker **
1
1
2,3,5
2,3,5,7
2,3,5,7
5
5,7
5,7
5
5
5
Police
Police Chief
Police Captain
Management Analyst
Community Improvement Officer I/II
Animal Services Supervisor
Administi anve Secretary
Senior Administrative Clerk
1
1
2,3,4
2,3,5,7
5
5
Public Works
Public Works Director
Public Works Management Analyst
Transportation Manager/Senior Traffic Engineer
Junior\AssistantWssociate Planner (Transportation
City Engineer/Deputy Public Works Director
Compliance Engineer
Construction Project Manager
Senior Civil Engineer
Fleet Services Supervisor
Facilities Supervisor
Public Works Inspector
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
2,3,5,7
3
4
leuty-Public-arks Diaster—Utilities Manager
1
Utilities Superintendent - PW
2,3,5,7
Wastewater Plant Superintendent
2,3,5,7
Water Plant Superintendent
2,3,5,7
Chef 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 111 **
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 – P-MG 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.
Roberkson-Brjan nO
York Insurance Service Group
DB Claims Services Group, Inc.
People-Assisting•the-Loci-Shel-te-(PALS)Lodi
Shelter Pals
West Yost & Associates
Langan Treadwell & Rollo
RMC Water and Environment
WGR Southwest
Sta ntec
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 Manacle 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:
Sent:
To:
Cc:
Subject:
Attachments:
Jennifer Ferraiolo
Thursday, August 18, 2016 12:19 PM
Management Team - Executive; Jennifer Winn; Dean Gualco; Joseph Wood; Kari
Chadwick; Jeff Hood
Department Secretaries; Janice Magdich; Peggy Nicolini; Pamela Farris
2016 Conflict of Interest Code
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 jferraioloRlodi.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
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
Interests (Form 700) pursuant to the Political Reform Act of 1974, as amended:
List of designated positions required to file Form 700:
De ' artment:
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
1
Electric Utility Superintendent
1
Engineering & Operations Manager
1
i tribe tion Planner
3,57
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
5
Fire Battalion Chief
Management Analyst
2, 3, 4
Fire Captain **
5
2
3
Internal Services/Human
Resources
Human Resources Manager
Management Analyst
1
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
4
Deputy-126114liG 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 ill *k
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 - RMC Michael Baker International)
lnterwest 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-lnr;.
York Insurance Service Group
DB Claims Services Group, Inc.
•
Shelter Pals
West Yost & Associates
Langan Treadwell & Rollo
RMC Water and Environment
WGR Southwest
Stantec
Mark Thomas and Company
Terracon
MV Transjportation
Lodi
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
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
1
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.
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