HomeMy WebLinkAboutAgenda Report - March 2, 1994�.,
or
CITY OF LODI
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
COUNCIL COMMUNICATION
Resolution Amending City Conflict of interest Code for Various
City Boards, Commissions and Designated Employees
February 16, 1994
City Attorney
RECOMMENDED ACTION: Council consideration and possible adoption of
the attached Resolution, amending the list of
Boards, Cotnissions and City Employees and
Officers subject to Conflict of Interest
Reporting requirements.
BACKGROUND INFORMATION: Gov. Code 387306.5, a portion of the Political
Reform Act of 1974, requires periodic updating of
the list designating those City Officers and
employees who are required to file C^nflict of
Interest Statements. The attached resolution makes certain ch;, ves based on
conditions occurring since the last update.
The more significant changes to the resolution add reporting requirements for
members of the Gang Alternative Project and Lodi Eastside Improvement
Committee. The new Deputy City Attorney's position is also included. Certain
job titles and descriptions which have been modified or deleted have been
dropped from the reporting requirements.
FUNDING: None required.
Respectfully submitted,
Bob MCNatt
City Attorney
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CC2-94/TXTA.01V
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APPROVED _ i,
THOMAS A. PETERSON 10C %J
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City Manager
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3.
RESOLUTION NO. 94-18-
A RESOLUTION OF THE LODI CITY COUNCIL
REPEALING AND REENACTING RESOLUTION NO. 92-126 THEREBY AMENDING CITY
OF LODI CONFLICT OF INTEREST CODE FOR VARIOUS CITY BOARDS AND
COMMISSIONS MEMBERS AND DESIGNATED EMPLOYEES
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WHEREAS, amendments to the Political Reform Act, Government Code
Sections 81000, et seq., have in the past and foreseeably will in the
future require conforming amendments to be made in Conflict of Interest
Codes adopted and promulgated pursuant to its provisions; and
WHEREAS, the Fair Political Practices Commission has adopted a
regulation, 2 Cal. Adm. Code Section 18730, which contains the terms of
a standard model Conflict of Interest Code, which can be incorporated
by reference, and which will be amended to conform to amendments in the
Political Reform Act after public notice and hearings conducted by the
Fair Political Practices Commission pursuant to the Administrative
Procedure Act, Government Code Section 11370, at seq.; and
WHEREAS, incorporation by reference of the terms of the
aforementioned regulation and amendments Lf� it in Conflict of Interest
Codes will save this body time and money by minimizing the actions
required of this body to keep the Codes in conformity with the
Political Reform Act;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Resolution No. 92-126 is hereby repealed and reenacted in its
entirety and all previously adopted resolutions approving various
separate Conflict of Interest Codes are hereby rescinded.
2. The terms of 2 Cal. Adm. Code Section 18730 and any amendments
to it 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 Codes
for the following departments and agencies:
ADMINISTRATIVE DEPARTMENT
CITY ATTORNEY'S OFFICE
CITY CLERK'S OFFICE
COMMUNITY DEVELOPMENT DEPARTMENT
ELECTRIC UTILITY DEPARTMENT
FINANCE DEPARTMENT
FIRE DEPARTMENT
GANG ALTERNATIVE PROJECT
LIBRARY
LIBRARY BOARD OF TRUSTEES
LODI EASTSIDE IMPROVEMENT COMMITTEE
PARKS AND RECREATION DEPARTMENT
PLANNING COMMISSION
POLICE DEPARTMENT
PUBLIC WORKS DEPARTMENT
RECREATION COMMISSION
SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE
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3. Persons holding designated positions shall file statements of
economic interest pursuant to Section 4(C) of the Conflict of Interest
Code.
4. Pursuant to Section 4(C) of the Code, all designated
employees shall file their statements with the City Clerk to whom the
City Council hereby delegates the authority to carry out the duties of
filing officer.
S. Failure to file the required statement in a timely fashion
may result in the imposition of monetary sanctions under Government
Code <91013(a).
6. The effective date of this Resolution shall be July 1, 1994.
Dated: February 16, 1994
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I hereby certify that Resolution No. 94-18 was passed and adopted
by the City Council of the City of Lodi in a regular meeting held
February 16, 1994 by the following vote:
Ayes: Council Members - Mann, Pennino, Snider
and Sieglock (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
ifer Perrin
ity Cler
94-18
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M[HrBIT "A"
DESIGNATED POSITIONS
OR
DESIGNATED EMPLOYEES
MEMBERS OF CITY BOARDS AND COMMISSIONS
Desianated Pos
ADMINISTRATION
A. City Manager's Office
1. City Manager (must file under provisions of
Government Code Section 87000)
2. Assistant City Manager
1,
2,
&
3
3. Administrative Asst. - City Manager
1,
2,
&
3
4. Personnel Director
1,
2,
&
3
S. Cannunity Center Director
1,
2,
&
3
B. City Attorney's Office
1. City Attorney (must file under provisions
of
Government Code Section 87000)
2. Deputy City Attorney
C. City Clerk's Office
1. City Clerk
1,
2,
&
3
COMMUNITY DEVELOPMENT
A. Community Development Department
1. Community Development Director
1,
2,
&
3
2. Senior Planner
1,
2,
&
3
3. Junior/Assistant/Associate Planner
1,
2,
&
3
4. Chief Building Inspector
1,
2,
&
3
S. Senior Building Inspector
1,
2,
&
3
6. Building Inspector I/II
1,
2,
&
3
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9211,
Desicnate
ELECTRIC UTILITY
A. Electric Utility Department
1. Electric Utility Director
1,
2,
& 3
2. Assistant Electric Utility Director
1,
2,
& 3
3. Electrical Engineer
2
& 3
4. Manager, Rates and Resources
2
& 3
FINANCE
A. Finance Department
1. Finance Director
1,
2,
& 3
2. Accounting Manager
1,
2,
& 3
3. Accountant I/II
1,
2,
& 3
4. Purchasing Officer
2
& 3
S. Revenue Manager
2
& 3
6. Field Services Supervisor
2
& 3
7. Senior Storekeeper/Buyer
2
& 3
S. Buyer
2
& 3
9. Data Processing Manager
2
& 3
FIRE DEPARTMENT
A. Fire Department
1. Fire Chief
2
b 3
2. Fire Administrative Officer
2
& 3
3. Fire Battalion Chief
2
& 3
LIBRARY
A. Library Department
1. Librarian 1, 2 & 3
2. Children's Librarian 1, 2 & 3
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Deeianatgd Po ons or Desianated E<eoloveea closure Cateaory
PARKS A19D RECREATI&
A. Parks and Recreation Department
1. Parks and Recreation Director 1, 2 & 3
2. Parks Superintendent 2 & 3
POLICE
A. Police Department
1. Police Chief 1, 2 & 3
2. Police Captain 1, 2 & 3
3. Administrative Assistant • Police Dept. i, 2 & 3
PUBLIC WORKS
A. Public Works Department
1.
Public Works Director
1,
2 & 3
2.
Assistant City Engineer
1,
2 & 3
3.
Senior Civil Engineer
2
& 3
4.
Building/Equipment Maintenance
Superintendent
2
& 3
S.
Street Superintendent
2
& 3
6.
water/wastewater Superintendent
2
& 3
MEMBERS - CITY BOARDS AND COMMISSIONS
Members
of the Lodi City Planning Commission
1,
2 & 3
Members
of the Recreation Commission
1,
2 & 3
Members
of the Site Plan and Architectural
Review
Committee
1,
2 & 3
Members
of the Library Board of Trustees
1,
2 & 3
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BXHISIT wgw
DISCLOSURE CATEGORIES
An investment, interest in real property, or income is reportable
if the business entity in which the investment is held, the interest in
real property, or the income or source of income may foreseeably be
affected materially by any decision made or participated in by the
designated employee by virtue of the employee's position.
(a) Interests in real property, other than your residence,
which is located in whole or in part either within the
boundaries of the City, or within two miles of the
boundaries of the City, including any leasehold,
beneficial or ownership interest or option to acquire
such interest in real property, if the fair market value
of the interest is greater than $1,000.00. (Interests in
real property of an individual include the share or
interests in real property of a business entity or trust
in which the designated employee or his or her spouse owns,
directly, indirectly, or beneficially, a ten per cent
interest or greater.)
(b) Investments in or income from persons or
business entities engaged in the business of acquisition or
disposal of real property within the City.
(a) Investments in any business entity which, within the
last two years, has contracted, or in the future
foreseeably may contract with the City of Lodi to provide
services, supplies, materials, machinery or equipment to the
City of Lodi.
(b) Income from any source which, within the last two years
has contracted, or in the future foreseeably may contract
with the City of Lodi to provide services, supplies,
materials, machinery or equipment to the City of Lodi.
(c) His or her status as a director, officer, sole owner,
partner, trustee, employee, or holder of a position of
management in any business entity which, within the last two
years, has contracted or in the future foreseeably may
contract with the City of Lodi to provide services,
supplies, materials, machinery or equipment to the City of
Lodi.
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In Alments and income otherwise reaable under paragraphs
(a) rind (b) of Category 02" above, shall not be reported
unless the total amount of all contracts by the business
entity to provide services, supplies, materials, machinery
or equipment to the City of Lodi was more than $1,000.00 in
the prior calendar year, or unless the total amount of all
foreseeable contracts by the business entity to provide
services, supplies, materials, machinery or equipment to the
City of Lodi will be more than $1,000.00 in the next
calendar year.
(a) Investments in any business entity which within the last
calendar year has been regulated by the City of Lodi or
foreseeably may be regulated by the City of Lodi in the
next calendar year.
(b) Each source of income provided that the income was
furnished by or on behalf of any business entity which
within the last calendar year has been regulated by the City
of Lodi, or foreseeably may be regulated by the City of
Lodi in the next calendar year.
(c) His or her status as a director, officer, sole owner,
partner, trustee, employee or any position of management in
any business entity which within the last calendar year has
been regulated by the City of Lodi, or foreseeably may be
regulated by the City of Lodi in the next calendar year.
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Regulations of the Fair Political Practices Commission
(Title 2, Division 6 of the California Administrative Code)
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(a) incorporation by reference of the terms of this regulation
along with the designation of employees and the formulation
of disclosure categories in the Appendix referred to below
constitute the adoption and promulgation of a Conflict of
Interest Code within the meaning of Government Code Section
87300 or the amendment of a Conflict of Interest Code within
the meaning of Government Code Section 87307 if the terms of
this regulation are substituted for terms of a Conflict of
interest Code already in effect. A code so amended or
adopted and promulgated requires the reporting of reportable
items in a manner substantially equivalent to the
requirements of Article 2 of Chapter 7 of the Political
Reform Act, Government Code Sections 81000, g& sec. The
requirements of a Conflict of Interest Code are in addition
to other requirements of the Political Reform Act, such as
the general prohibition against conflicts of interest
contained in Government Code Section 87100, and to other
state or local laws pertaining to conflicts of interest.
(b) The terms of a Conflict of Interest Code amended or adopted
and promulgated pursuant to this regulation are as follows:
The definitions contained in the Political Reform Act of 1974,
regulations of the Fair Political Practices Commission (2 Cal.
Adm. Code Sections 18100 = sea.), and any amendments to
the Act or regulations, are incorporated by reference into this
Conflict of Interest Code.
(2) Section 2. Designated Employees.
The persons holding positions listed in the Appendix are
designated employees. It has been determined that these persons
make or participate in the making of decisions which may
foreseeably have a material effect on financial interests.
(3) Section 3. Disclosure Categories,
This Code does not establish any disclosure obligation for those
designated employees who are also specified in Government Code
Section 87200 if they are designated in this Code in that same
capacity or if the geographical jurisdiction of this agency is
the same as or is wholly included within the jurisdiction in
which those persons must report their financial interests
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pursuantQolo Article 2 of chapter 7 of political Reform Act,
Government Code Sections 87200, A, sec_ 1/ Such persons
are covered by this Code for disqualification purposes only.
With respect to all other designated employees, the disclosure
categories set forth in the Appendix specify which kinds of
financial interests are reportable. Such a designated employee
shall disclose in his or her statement of economic interests
those financial interests he or she has which are of the kind
described in the disclosure categories to which he or she is
assigned in the Appendix. it has been determined that the
financial interests set forth in a designated employee's
disclosure categories are the kinds of financial interests which
he or she foreseeably can affect materially through the conduct
of his or her office.
The code reviewing body shall instruct all designated employees
required to file statements of economic interests pursuant to
this Conflict of Interest Code to file in accordance with one of
the following procedures:2/
1/ Designated employees who are required to file statements of
economic interests under any other agency's Conflict of interest Code,
or under Article 2 for a different jurisdiction, may expand their
statement of economic interests to cover reportable interests in both
jurisdictions, and file copies of this expanded statement with both
entities in lieu of filing separate and distinct statements, provided
that each copy of such expanded statement filed in place of an original
is signed and verified by the designated employee as if it were an
original. See Government Code Section 81004.
2/See Government Code Section 81010 and 2 Cal. Adm. Code Section
18115 for the duties of filing officers and persons in agencies who
make and retain copies of statements and forward the originals to the
filing officer.
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IA) All signated employees shall file Otements of economic
interests with the agency. Upon receipt of the statements
of economic interests of the head of the agency and members
of boards or commissions not under a department of state or
local government, the agency shall make and retain a copy of
each and forward the originals of these statements to the
code reviewing body, which shall be the filing officer with
respect to these statements. Such statements shall be
forwarded to the code reviewing body within five days after
the filing deadline or five days after receipt in the case
of statements filed late.
(B) All designated employees shall file statements of economic
interests with the agency, which shall make and retain a
copy and forward the originals to the code reviewing body,
which shall be the filing officer.
(C) All designated employees shall file statements of economic
interest with the code reviewing body.
(5) Section 5. Statements of Economic Interests:
Time of Filing.
(A) Initial Statements. All designated employees employed by
the agency on the effective date of this Code, as originally
adopted, promulgated and approved by the code reviewing
body, shall file statements within thirty days after the
effective date of this Code. Thereafter, each person
already in a position when it is designated by an amendment
to this Code shall file an initial statement within thirty
days after the effective date of the amendment.
(B) Assuming Office Statemente.
(i) All persons assuming designated positions after the
effective date of this Code which are civil service or merit
system positions shall file statements within thirty days
after assuming the designated positions.
(ii) All other persons appointed, promoted or transferred
to designated positions after the effective date of the Code
shall file statements within ten days after assuming office,
or if subject to State Senate confirmation, ten days after
being nominated or appointed.
(C) Annual Statements. All designated employees shall file
statements no later than April 1.
(D) Leaving Office Statements. All persons who leave
designated positions shall file statements within thirty
days after leaving office.
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(A) Contents of Initial Statements. Initial statements shall
disclose any reportable investments, interests in real property
and business positions held on the effective date of the Code.
(8) Contents of Assuming Office Statements. Assuming office
statements shall disclose any reportable investments, interests
in real property and business positions held on the date of
assuming office or, if subject to State Senate confirmation or
appointment, on the date of nomination.
(C) contents of Annual Statements. Annual statements shall
disclose any reportable investments, interests in real property,
income and business positions held or received during the
previous calendar year provided, however, that the period covered
by an employee's first annual statement shall begin on the
effective date of the code or the date of assuming office,
whichever is later.
(D) Contents of Leaving Office Statements. Leaving office
statements shall disclose reportable investments, interests in
real property, income and business positions held or received
during the period between the closing date of the last statement
filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms
prescribed by the Fair Political Practices Commission and
supplied by the agency, and shall contain the following
information:
(A Investment and Real Property Disclosure.
When an investment or an interest in real property 3/is
required to be reported, 4/ the statement shall contain the
following:
(i) A statement of the nature of the investment or interest;
3/ For the purpose of disclosure only (not disqualification),
an interest in real property does not include the principal residence
of the filer.
4/ Investments and interests in real property which have a fair
market value of less than $1,000 are not investments and interests in
real property within the meaning of the Political Reform Act. However,
investments or interests in real property of an individual include
those held by the individual's spouse and dependent children as well as
a pro rata share of any investment or interest in real property of
any business entity or trust in which the individual, spouse and
dependent children own, in the aggregate, a direct, indirect or
beneficial interest of 10 percent or greater.
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(ii) name of the business entitwhich each investment
is held, and a general description Qf business activity in
which the business entity is engaged;
(iii) The address or other precise location of the real
property;
(iv) A statement whether the fair market value of the
investment or interest in real property exceeds one thousand
dollars ($1,000), exceeds ten thousand dollars ($10,000), or
exceeds one hundred thousand dollars ($100,000).
(B) Personal IncM2 Disclosure. When personal income is
required to be reported, 5/ the statement shall contain:
(i) The name and address of each source of income aggregating
two hundred fifty dollars ($250) or more in value, or twenty-five
dollars ($25) or more in value if the income was a gift, and a
general description of the business activity, if any, oc each
source;
(ii) A statement whether the aggregate value of income from
each source, or in the case of a loan, the highest amount owed to
each source, was one thousand dollars ($1,000) or less, greater
than one thousand dollars ($1,000), or greater than ten thousand
dollars ($10,000);
(iii) A description of the consideration, if any, for which the
income was received;
(iv) In the case of a gift, the name, address and business
activity of the donor and any intermediary through which the gift
was made; a description of the gift; the amount or value of the
gift; and the date on which the gift was received.
(v) In the case of a loan, the annual interest rate and the
security, if any, given for the loan.
(C) Business Entity Income Disclosure. When income of a
business entity, including intone of a sole proprietorship, is
required to be reported, 6/ the statement shall contain:
5/ A designated employee's income includes his or her community
property interest in the income of his or her spouse but does not
include salary or reimbursement for expenses received from a state,
local or federal government agency.
6/ Income of a business entity is reportable if the direct,
indirect or beneficial interest of the filer and the filer's spouse in
the business entity aggregates a 10 percent or greater interest. In
addition, the disclosure of persons who are clients or customers of a
business entity is required only if the clients or customers are within
one of the disclosure categories of the filer.
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M '17�+, address, and a general 4R, iption of the business
activity of the business entity;
(ii) The name of every person from whom the business entity
received payment if the filer's pro rata share of gross
receipts from such person was equal to or greater than ten
thousand dollars ($10,000).
(D) Business position Disclosure. when business positions are
required to be reported, a designated employee shall list the
name and address of each business entity in which he or she is a
director, officer, partner, trustee, employee, or in which he or
she holds any position of management, a description of the
business activity in which the business entity is engaged, and
the designated employee's position with the business entity.
(S) Acauisition or Disiposal During Reoorting Period. In the
case of an annual or leaving office statement if an investment or
an interest in real property was partially or wholly acquired or
disposed of during the period covered by the statement, the
statement shall contain the date of acquisition or disposal.
(8) Section 8. Disqualification.
No designated employee shall make, participate in making, or use
his or her official positions to influence the making of any
governmental decision which will foreseeably have a material
financial effect, distinguishable from its effect on the public
generally, on:
(A) Any business entity in which the designated employee has a
direct or indirect investment worth more than one thousand
dollars ($1,000);
(S) Any real property in which the designated employee has a
direct or indirect interest worth more than one thousand dollars
($1,000);
(C) Any source of income, other than loans by a commercial
lending institution in the regular course of business on terms
available to the public without regard to official s=atus,
aggregating two hundred fifty dollars ($250) or more in value
provided to, received by or promised to the designated employee
within twelve months prior to the time when the decision is made;
or
(D) Any business entity in which the designated employee is a
director, officer, partner, trustee, employee, or holds any
position of management.
4 -
No deted employee shall be pnted from making or
participating in the making of any decis on to the extent his or
her participation is legally required for the decision to be
made. The fact that the vote of a designated employee who is on
a voting body is needed to break a tie does not make his or her
participation legally required for purposes of this section.
TW-T4*!;TT--L"VT4•�:
When a designated employee determines that he or she should not
make a governmental decision because he or she has a financial
interest in it, the determination not to act must be accompanied
by disclosure of the financial interest. In the case of a voting
body, this determination and disclosure shall be made part of the
agency's official record; in the case of a designated employee
who is the head of an agency, this determination and disclosure
shall be made in writing to his or her appointing authority; and
in the case of other designated employees, this determination and
disclosure shall be made in writing to the designated employee's
supervisor.
Any designated employee who is unsure of his or her duties under
this Code may request assistance from the Fair Political
Practices Commission pursuant to Government Code Section 83114 or
from the attorney for his or her agency, provided that nothing in
this section requires the attorney for the agency to issue any
formal or informal opinion.
(11) Section 11, violations.
This code has the force and effect of law. Designated employees
violating any provision of this Code are subject to the
administrative, criminal and civil sanctions provided in the
Political Reform Act, Government Code Sections 81000 • 91014. In
addition, a decision in relation to which a violation of the
disqualification provisions of this Code or of Government Code
Section 87100 has occurred may be set aside as void pursuant to
Government Code Section 91003.
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CITY OF LORI
MEMORANDUM FROM THE OFFICE OF THE CITY ATTORNEY
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To: Honorable Mayor, City Councilmembers
& Efficiency Committee
From: Bob McNatt, City Attorney
Date: March 2, 1994
Subject: Reporting Requirements under the Political Reform Act
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At the Council meeting of February 16, 1994, the Council adopted Resolution
94-18 modifying the city's Conflict of Interest reporting requirements.
State law requires that the City annually evaluate its Conflict of Interest
Resolution and make amendments as necessary or desired.
Among the significant additions were the Deputy City Attorney's position,
as well as the Gang Alternative Project and Eastside Committee. A question
now occurs to me as to whether the City Efficiency Committee should also
have been included.
Although the Efficiency Committee has no direct responsibility for the
appropriation or expenditure of City funds, its review of City functions
and ultimate recommendations may have a profound effect upon the City's
practices and policies. While I do not mean to suggest that any member of
the committee would use his or her position inappropriately, in the
interest of full disclosure, the Council may wish to avoid any question
about personal financial agendas by including the committee in the Conflict
of Interest reporting resolution.
Council input is respectfully requested.
BOB MCNATT
City Attorney
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CC: City Manager
EFFICCOM.RR/TXTA.01V