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HomeMy WebLinkAboutAgenda Report - November 7, 2018 C-20CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM Czo TM AGENDA TITLE: Adopt a Resolution Approving Year 2018 Amendments to Conflict of Interest Code (Government Code Section 87306.5) MEETING DATE: November 7, 2018 PREPARED BY: City Attorney RECOMMENDED ACTION: Adopt a resolution approving Year 2018 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 2016. The attached resolution was published in draft form on September 17, 2018, to begin the 45 -day public comment period on the proposed changes. The majority of the changes made since 2016 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, 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 September 17, 2018: PRCS: • Addition: • Addition: • Error: Management Analyst Welder/Mechanic (applicable only if employee is issued a Cal -Card Visa) Park Superintendent and Recreation Superintendent should not have been deleted from the Draft Resolution, although both positions are currently vacant due to budget constraints. Police: • Addition: Community Liaison Officer Public Works: • Addition: Senior Facilities Maintenance Worker (applicable if employee is issued a Cal -Card Visa) • Addition: Facilities Maintenance Worker (applicable if employee is issued a Cal -Card Visa) • Title Change: Transportation Manager/Senior Traffic Engineer is now Transportation Manager 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. Magdich City Attorney APPROVED: S ephen Sc'•auer, 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 November 7, 2018. Dated: November 7, 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 November 7, 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: City Manager City Manager Deputy City Manager/Internal Services Director Business Development Manager Managnt_ nalystiRick Man ger Executive Administrative Assistant City Attorney City Attorney Deputy City Attorney Risk Manager City Clerk City Clerk Deputy City Clerk Disclosure Category: 1 1 4 2.3,4 Community Development * 1 1 1 Community Development Director Junior\Assistant\Associate\City Planner Building Official Building Inspector1\11 1 ... . _ - r _ _ f -e- Assistant . Assistant Engineer/ Plans Examiner Electric Utility Fire 1 1 1 2,-3,-6,-7 4 1 Electric Utility Director Electric Utility Superintendent Engineering & Operations Manager Administrative Secretary Senior Power Engineer Electrical Engineer Senior Electrical Engineering Technician Electrical Engineering Technician Substation/Metering Supervisor Rates & Resources Manager Electric Utility Business Analyst Construction/Maintenance Supervisor Electric Materials Technician Electric Distribution Operations Supervisor Electric Utility Resources Analyst Troubleshooting Supervisor Field Services Supervisor 1 1 1 5 3, 5,-7 3, 5,-7 3, 5,-7 3, 5,-7 5, 6 1 a 5 5,-6 5 5,6 5 5,6 2,5 Fire Chief Fire Division Chief lOperatiaRsDeputy Fire Chief Fire Battalion Chief Management Analyst Fire Captain ** 2 1 1 5 2,-3,-4 5 Internal Services/Human Human Resources Manager Resources Management Analyst 1 2, 8 Internal Services/Financial Services FinancipI Seryinee Mana er Accounting Manager Revenue Manager -Accountant Supervising Accountant Customer Service Supervisor 2,3,4,8 2,3,4,8 2,3,4,8 2,3,4 2,3,4 2,3,4 Internal Services/Budget --- _.__ ► Budget Manager Management Analyst 8 2,3,4,8 2,3,4,8 Internal Services/Information Systems Library safe•-'_ - -- Information Technology Manager Network Administrator Senior Programmer/Analyst Library Services Director Librarian Literacy & Volunteer Manager Senior Library Assistant Library Technician 4 1 5 3,4,6 1 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 Parks, Recreation and Cultural Services Parks, Recreation and Cultural Services Director Parks, Recreation and Cultural Services Deputy Director Park Superintendent Park Project Coordinator Recreation Superintendent Recreation Manager Stage Technician Building Services Supervisor Event Coorrlinptor Program Coordinator Park Maintenance Worker III ** Park Supervisor ** Senior Facilities Maintenance Worker ** Administrative Secretary Management Analyst Welder/Mechanic** Police 1 1 1 2,3,5 2,3,5,7 2,3,5,7 5 5,7 7- 5,7 5 5 5 5 2,3,4 5 Police Chief Police Captain Management Analyst Community Liaison Officer Code Enforcement Officer Animal Services Supervisor Administrative Secretary Senior Administrative Clerk 3 1 1 2,3,4 2,3,5,7 2,3,5,7 5 5 5 Public Works Public Works Director Public Works Management Analyst Transportation Manager/Senior Traffic Engineer JuniorWssistant\Associate Planner (Transportation) City Engineer/Deputy Public Works Director Compliance Engineer Construction Project Manager Senior Civil Engineer Fleet Services Supervisof Fleet Superintendent Facilities Supervisor Public Works Inspector Utilities Manager Utilities Superintendent - PW Wastewater Plant Superintendent 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 Maintenance Worker II** Street Supervisor ** Water Treatment Plant Operator III ** Water Services Technician I ** Water/Wastewater Maintenance Worker III ** Water/Wastewater Maintenance Worker II** Water/Wastewater Supervisor ** Watershed Program Coordinator Traffic & Sign Making Worker** Wastewater Plant Operator Environmental Compliance Inspector Senior Facilities Maintenance Worker** Facilities Maintenance Worker** 4 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 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 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 Boards and Commissions Consultants 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 tho Lodi Animal Advic^r,i Commission MemlaeFs* of the ❑rt Advisory Board Community Development Electric Utility Internal Services/Human Resources Police Public Works Michael Baker International (Contract CDBG Program Administration, Neighborhood Services, and Planning Services)(Contract Interwest Consulting Group (Contract Plan Check Services) Bureau Veritas (Contract Plan Check Services) Stantec Consulting Services (Contract Management Services re Brownfield Grant) 4Leaf, Inc. (Contract Plan Check Services) Flynn Resource Consulting, Inc. York Insurance Service Group DB Claims Services Group, Inc. Lodi Shelter PaI•sPALS West Yost & Associates Langan Treadwell & Rollo RMC Water and Environment WGR Southwest Stantec Mark Thomas and Company Terracon MV Transportation HCS Engineering 5 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 3,4,6 3,4,6 3,4,6 3,4,6 3,4,6 1 3,4.6,8 3,4,6,8 2,5 3,4,6 3T1176 3,4,6 3,4,6 3,4,6 3,4,6 3,4,6 3,4,6 3,4,6 KSN Michael Baker International Inc. Petralogix Siegfried SNG & Associates The Reed Group WMB Carollo Engineering, Inc. Interwest Consulting Group, Inc. Contractor Compliance and Monitoring, Inc. 3,4,6 3,4,6 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. 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. 6 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. 7 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. 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. 8 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 November 7, 2018. Dated: November 7, 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 November 7, 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 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 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 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 Deputy Fire Chief 1 Fire Battalion Chief 5 Management Analyst 2,3,4 Fire Captain ** 5 Internal Services/Human Human Resources Manager 1 Resources Management Analyst 2, 8 2 Internal Services/Financial Services Accounting Manager Revenue Manager Accountant Supervising Accountant Customer Service Supervisor 2,3,4,8 2,3,4,8 2,3,4 2,3,4 2,3,4 Internal Services/Budget Budget Manager 2,3,4,8 Management Analyst 2,3,4,8 Internal Information Technology Manager 1 Services/Information Network Administrator 5 Systems Senior Programmer/Analyst 3,4,6 Library Library 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 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 Program Coordinator 5,7 Park Maintenance Worker III ** 5 Park Supervisor ** 5 Senior Facilities Maintenance Worker ** 5 Administrative Secretary 5 Management Analyst 2,3,4 Welder/Mechanic** 5 Police Police Chief 1 Police Captain 1 Management Analyst 2,3,4 Community Liaison Officer 2,3,5,7 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 Transportation Manager 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 Superintendent 2,3,5,7 Facilities Supervisor 2,3,5,7 3 4 Public Works Inspector 2,3,5,7 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 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 Treatment 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 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 Senior Facilities Maintenance Worker** 2,3,5,7 Facilities Maintenance Worker** 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 Consultants Community Development Michael Baker International (Contract CDBG 3,4,6 Program Administration, Neighborhood Services, and Planning Services) Interwest Consulting Group (Contract 3,4,6 Plan Check Services) 4 Electric Utility Internal Services/Human Resources Police Public Works Bureau Veritas (Contract Plan Check Services) Stantec Consulting Services (Contract Management Services re Brownfield Grant) 4Leaf, Inc. (Contract Plan Check Services) Flynn Resource Consulting, Inc. York Insurance Service Group DB Claims Services Group, Inc. Lodi Shelter PALS West Yost & Associates RMC Water and Environment WGR Southwest Stantec Mark Thomas and Company Terracon MV Transportation HCS Engineering KSN Michael Baker International, Inc. Petralogix Siegfried SNG & Associates The Reed Group WMB Carollo Engineering, Inc. Interwest Consulting Group, Inc. Contractor Compliance and Monitoring, Inc. 3,4,6 3,4,6 3,4,6 1 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 3,4,6 3,4,6 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; 5 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. 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 RESOLUTION NO. 2018-211 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 November 7, 2018. Dated: November 7, 2018 I hereby certify that Resolution No. 2018-211 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 7, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None 1► I.Pi-'‘A" J NNIFE t� 1(10 ❑ City Clerk 2018-211 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 Fora 70Q: Department: Position: City Manager City Manager Deputy City Manager/Internal Services Director Business Development Manager Executive Administrative Assistant City Attorney City Attorney Deputy City Attorney Risk Manager Disclosure Category: 1 1 2,3,4 * 1 1 City Clerk City Clerk Deputy City Clerk 1 1 Community Development Electric Utility Community Development Director Junior\Assistant\Associate\City Planner Building Official Building Inspector I\II Assistant Engineer/ Plans Examiner Electric Utility Director Electric Utility Superintendent Engineering & Operations Manager Administrative Secretary Senior Power Engineer Electrical Engineer Senior Electrical Engineering Technician Electrical Engineering Technician Substation/Metering Supervisor Rates & Resources Manager Electric Utility Business Analyst Construction/Maintenance Supervisor Electric Materials Technician Electric Distribution Operations Supervisor Electric Utility Resources Analyst Troubleshooting Supervisor Field Services Supervisor 1 1 1 2,3,6,7 1 1 1 1 5 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 Fire Fire Chief Deputy Fire Chief Fire Battalion Chief Management Analyst Fire Captain ** Internal Services/Human Resources 1 1 5 2,3,4 5 Human Resources Manager Management Analyst 1 2, 8 2 Internal Services/Financial Services Accounting Manager Revenue Manager Accountant Supervising Accountant Customer Service Supervisor Internal Services/Budget Budget Manager Management Analyst Internal Services/Information Systems Library Information Technology Manager Network Administrator Senior Programmer/Analyst Library Director Librarian Literacy & Volunteer Manager Senior Library Assistant Library Technician Parks, Recreation and Cultural Services 2,3,4,8 2,3,4,8 2,3,4 2,3,4 2,3,4 2,3,4,8 2,3,4,8 1 5 3,4,6 1 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 Parks, Recreation and Cultural Services Director Parks, Recreation and Cultural Services Deputy Director Park Superintendent Park Project Coordinator Recreation Superintendent Recreation Manager Stage Technician Building Services Supervisor Program Coordinator Park Maintenance Worker III ** Park Supervisor ** Senior Facilities Maintenance Worker ** Administrative Secretary Management Analyst Welder/Mechanic** Police Public Works Police Chief Police Captain Management Analyst Community Liaison Officer Code Enforcement Officer Animal Services Supervisor Administrative Secretary Senior Administrative Clerk 1 2,3,5 2,3,5,7 2,3,5,7 5 5,7 5,7 5 5 5 5 2,3,4 5 1 2,3,4 2,3,5,7 2,3,5,7 5 5 Public Works Director Public Works Management Analyst Transportation Manager JuniorWssistant\Associate Planner (Transportation) City Engineer/Deputy Public Works Director Compliance Engineer Construction Project Manager Senior Civil Engineer Fleet Superintendent 1 2,3,5,7 1 2,3,5,7 1 2,3,5,7 2,3,5,7 2,3,5,7 2,3,5,7 3 Facilities Supervisor Public Works Inspector Utilities Manager Utilities Superintendent - PW Wastewater Plant Superintendent 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 Maintenance Worker II** Street Supervisor ** Water Treatment Plant Operator III ** Water Services Technician I ** Water/Wastewater Maintenance Worker III ** Water/Wastewater Maintenance Worker II** Water/Wastewater Supervisor ** Watershed Program Coordinator Traffic & Sign Making Worker** Wastewater Plant Operator Environmental Compliance Inspector Senior Facilities Maintenance Worker** Facilities Maintenance Worker** Boards and Commissions 2,3,5,7 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 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 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 Michael Baker International (Contract CDBG Program Administration, Neighborhood Services, and Planning Services) Interwest Consulting Group (Contract Plan Check Services) 4 3,4,6 3,4,6 Electric Utility Internal Services/Human Resources Police Public Works Bureau Veritas (Contract Plan Check Services) Stantec Consulting Services (Contract Management Services re Brownfield Grant) 4Leaf, Inc. (Contract Plan Check Services) Flynn Resource Consulting, Inc. York Insurance Service Group DB Claims Services Group, Inc. Lodi Shelter PALS West Yost & Associates RMC Water and Environment WGR Southwest Stantec Mark Thomas and Company Terracon MV Transportation HCS Engineering KSN Michael Baker International, Inc. Petralogix Siegfried SNG & Associates The Reed Group WMB Carollo Engineering, Inc. Interwest Consulting Group, Inc. Contractor Compliance and Monitoring, Inc. 3,4,6 3,4,6 3,4,6 1 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 3,4,6 3,4,6 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; 5 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. 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. 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. 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. 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