HomeMy WebLinkAboutAgenda Report - August 15, 2018 C-08TM
AGENDA ITEM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE:
Accept the Notice of Draft Amendments to Conflict of Interest Code
for the 2018 Calendar Year Pursuant to Government Code Section
87306.5
MEETING DATE: August 15, 2018
PREPARED BY: City Attorney
RECOMMENDED ACTION
Accept the Notice of Draft Amendments to Conflict of
Interest Code for the 2018 Calendar Year pursuant to
Government Code Section 87306.5.
BACKGROUND INFORMATION: The City Council must, as the 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 2016. 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 of the Code will be brought back to the Council for approval
at its October 17, 2018 meeting.
The majority of the changes in the Code reflect little more than title changes of positions, the
addition of new positions or the deletion of positions eliminated in the 2017/2018 and 2018/2019
budgets. For Council's convenience, the changes to the Code are reflected in underline/strikeout
form in the draft resolution attached to this Council Communication.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
Janice D. Magdich
City Attorney
Attachment: Resolution Amending City's Conflict of Interest Code
APPROVED:
vi -Stephen Schwabauer, City Manager
RESOLUTION NO. 2018-
A RESOLUTION OF THE LODI CITY COUNCIL REPEALING
RESOLUTION NO. 2016-186 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. 2016-186 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 17, 2018.
Dated: October 17, 2018
I hereby certify that Resolution No. 2018- was passed and adopted by the City Council
of the City of Lodi in a regular meeting held October 17, 2018, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
JENNIFER M. FERRAIOLO
City Clerk
2018-
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
1
Business Development Manager
1
Management Analyst/Risk Manager
4
Executive Administrative Assistant
2,3,4
City Attorney
City Attorney
*
Deputy City Attorney
1
Risk Manager
1
City Clerk
City Clerk
1
Deputy City Clerk
1
Community Development
Community Development Director
1
Junior\Assistant\Associate\City Planner
1
Building Official
1
Building Inspector1\11
2,-3,-6,-7
Neighbor Manager
4
-heed -Services
Assistant Engineer/ Plans Examiner
1
Electric Utility
Electric Utility Director
1
Electric Utility Superintendent
1
Engineering & Operations Manager
1
Administrative Secretary
5
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
Electric Utility Business 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 \ OperationsDeputy Fire Chief
1
Fire Battalion Chief
5
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
Services
Financial Services Manager
2,3,1,8
2,3,4,8
Accounting Manager
Revenue Manager
2,3,4,8
-Accountant
Supervising Accountant
Customer Service Supervisor
2,3,4
2,3,4
2,3,4
Internal Services/Budget
Supervising Budget Analyst
2,3,4,8
Budget Manager
2,3,4,8
Management Analyst
2,3,4,8
Internal
Information Systems Manager
1-
Services/Information
Services/Information
Information Technology Manager
1
Systems
Network Administrator
5
Senior Programmer/Analyst
3,4,6
Library
Library Sees Director
1
Librarian
2,3,5,7
Literacy & Volunteer Manager
2,3,5,7
Senior Library Assistant
2,3,5,7
Library Technician
2,3,5,7
Parks, Recreation and
Parks, Recreation and Cultural Services Director
1
Cultural Services
Parks, Recreation and Cultural Services
Deputy Director
1
Park Superintendent
4
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
Program Coordinator
5 7
Park Maintenance Worker III **
5
Park Supervisor **
5
Senior Facilities Maintenance Worker **
5
Administrative Secretary
5
Police
Police Chief
1
Police Captain
1
Management Analyst
2,3,4
Code Enforcement Officer
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
3
4
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
Fleet Services Supervisor
2,3,5,7
2,3,5,7
Fleet Superintendent
2,3,5,7
Facilities Supervisor
2,3,5,7
Public Works Inspector
2,3,5,7
Utilities Manager
Utilities Superintendent - PW
1
Wastewater Plant Superintendent
2,3,5,7
Water Plant Superintendent
2,3,5,7
Chief Wastewater Plant Operator
2,3,5,7
Lead Electrician
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 Maintenance Worker II**
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/Wasterwater Maintenance Worker II**
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
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 the Lodi Animal Advisory Commission}
2,3,4,6,7,8
of
Members of the Art Advisory Board
2,3,4,6,7,8
4
Consultants
Community Development
Michael Baker International (Contract CDBG
3,4,6
Program Administration, Neighborhood Services,
and Planning Services)(Contract
3,4,6
Interwest Consulting Group (Contract
Plan Check Services)
Bureau Veritas (Contract Plan Check
3,4,6
Services)
Stantec Consulting Services (Contract Management
3,4,6
Services re Brownfield Grant)
4Leaf, Inc. (Contract Plan Check Services)
3,4,6
Electric Utility
Flynn Resource Consulting, Inc.
1
Internal Services/Human
York Insurance Service Group
3,4,6,8
Resources
DB Claims Services Group, Inc.
3,4,6,8
Police
Lodi Shelter PatsPALS
2,5
Public Works
West Yost & Associates
3,4,6
Langan Treadwell & Rollo
3,4,6
3,4,6
RMC Water and Environment
WGR Southwest
3,4,6
Stantec
3,4,6
Mark Thomas and Company
3,4,6
Terracon
3,4,6
MV Transportation
3,4,6
3,4,6
HCS Engineering
3,4,6
KSN
3,4,6
Michael Baker International, Inc.
3,4,6
Petralogix
3,4,6
Siegfried
3,4,6
SNG & Associates
3,4,6
The Reed Group
3,4,6
WMB
3,4,6
Carollo Engineerinq, Inc.
3,4,6
Interwest Consulting Group, Inc.
3,4,6
Contractor Compliance and Monitoring, Inc.
* 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.
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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.
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.
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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.
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