HomeMy WebLinkAboutAgenda Report - November 20, 2002 E-14CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Adopt year 2002 Amendments to Conflict of Interest Code
(Government Code § 87306.5)
MEETING DATE: November 20, 2002
PREPARED BY: Deputy City Attorney
RECOMMENDATION: Adopt year 2002 amendments.
BACKGROUND: This item was most recently before Council on October 16, 2002 at
which time Council approved the Year 2002 Amendments for
publication and comment. The comment period has now passed
and the item is now back before Council for adoption.
As a reminder, the Political Reform Act requires that each City adopt a Local Conflict of Interest Code
requiring specified types of commissioners, employees and consultants' to disclose their economic
interests. Employees and commissioners must disclose their interests if they have the power to make a
governmental decision or participate in making a governmental decision through research and advocacy.
Consultants must disclose their interests if they actually make a governmental decision. Disclosure is to be
tailored to the type of decision a person might make. For example, the Deputy City Manager has broad
power to make and recommend a vast array of decisions. As such she would have to make full disclosure
of all of her interests. On the other hand, a purchasing agent in information services would only disclose
interests in the types of companies they contract with. In compliance with the act, Council adopted a Local
Conflict of Interest Code most recently on October 15 2000 in Resolution 2000-200.
Once adopted, the Council must review a conflict of interest code every two years to ensure that it
complies with the Political Reform Act. Usually this process amounts to no more than adding newly
created positions to, removing abolished positions from and reflecting title changes in the Conflict of
Interest Code.
Several comments were received during the comment period. Those have been incorporated into the
amendments now before Council. Joel Harris commented that the Senior Storekeeper/Buyer position had
been renamed as Senior Storekeeper and that the position's duties no longer triggered reporting
categories 13, and 18 but did trigger 10, 12, and 16. Mr. Harris also commented that the Buyer position
should include reporting categories 4 and 5. Joseph Wood commented that Building Inspectors and
Community Improvement Officers have similar job duties and felt their reporting categories should mirror
one another. A copy of the proposed revised code is attached in red line strike out form. Except those
mentioned above, most changes reflect newly added positions.
' Certain commissioners and employees such as the City Clerk, City Attorney, City Manager and Planning Commissioners are
exempt from the Local Conflict of Interest Code because they already have disclosure obligations under other provisions of the
Political Reform Act.
APPROVED:
H. D'on Fiynn -- Ci Manager
CITY OF LODI COUNCIL COMMUNICATION
FUNDING: Not applicable.
Respectfully submitted,
,0
i�
dall Hays, City Atforn4
APPROVED:
H. %(on Flynn -- City Manager , �
RESOLUTION NO. 2002-235
A RESOLUTION OF THE LODI CITY COUNCIL REPEALING
RESOLUTION NO. 2000-200 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. 2000-200 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
cant' 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 20, 2002.
Dated: November 20, 2002
I hereby certify that Resolution No. 2002-235 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 20, 2002 by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Nakanishi, and Mayor
Pennino
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
Susan J. Blackston
City Clerk
2002-235
2
APPENDIX A
DESIGNATED OFFICIALS AND EMPLOYEES
The following is a listing of those persons who are required to submit Statements of Economic
Interests 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
1
Management Analyst
1
Admin. Assistant to City Manager
1
Economic Development Coordinator
1
Information Systems Manager
1
Information Systems Coordinator
2,3,4,5,8,10,11,15,16
Data Processing Manager
2,4,10,11,15,16
Network Administrator
15,16
City Attorney
City Attorney
Deputy City Attorney
1
City Clerk
City Clerk
1
Deputy City Clerk
1
Community Center
Community Center Director
1
Senior Services Coordinator
2,3,4,10,11,16
Arts Coordinator
2,3,4,10,11,16
Community Development
Community Development Director
1
City Planner
1
Senior Planner
1
Junior\Assistant\Associate Planner
1
Community Improvement Manager
1
Building Official
1
Building Inspector 1\I1\Senior
2,3,4,5,6,7,8,9,10,11,15,16
Community Improvement Officer
2,3,4,5,6,7,8,9,10,11,15,16
Electric Utility
Electric Utility Director
1
Senior Electric Utility Rate Analyst
1
Manager, Customer Programs
1
Manager, Electric Services
1
Manager, Business Planning &
Marketing
1
Manager, Engineering & Operations
1
Electric Utility Superintendent
2,3,4,6,7,8,9,10,15,16
Technical Services Manager
2,3,4,6,7,8,9,10,15,1E
Manager, Rates & Resources
1
Manager, Power & Rates
1
Senior Electrical Estimator
4,6
3
Finance
Finance Director
Accounting Manager
2,3,4,5,13,18
Accountant 1\II
2,3,4,5,15
Purchasing Officer
2,3,4,5,6,10,11,12,15,16,1
9
Revenue Manager
20
Senior Storekeeper
2,3,4,5,10,12,16
Buyer
2,3,4,5,10,12,16
Purchasing Technician
4,5,15,16
Fire
Fire Chief
1
Fire Division Chief \ Operations
2,3,4,6,10,11,12,14,19
Fire Battalion Chief \ Training
2,3,4,6,10,11,12,14,19
Fire Battalion Chief
2,3,4,6,10,11,12,14,19
Fire Division Chief \ Fire Marshall
1
Fire Inspector
1
Human Resources
Human Resources Director
1
Senior Human Resources Analyst
2,4,14,17,18
Management Analyst Trainee
2,4,14,17,18
Library
Library Services Director
1
Supervising Librarian
4,5,11,15
Parks and Recreation
Parks and Recreation Director
1
Parks Superintendent
1
Project Coordinator
2,3,4,6,7,8,10,16
Manage ent Analyst Trainee
4,5,10,11,15
Police
Police Chief
1
Police Captain
1
Management Analyst
4,5,12
Public Works
Public Works Director
1
City Engineer
1
Senior Civil Engineer
2,3,4,6,7,8,9,10,15,16
Fleet & Facilities Manager
2,3,4,6,8,9,10,15,16
Street Superintendent
2,3,4,6,7,8,9,10,15,16
Street Contracts Administrator
2,3,4,6,7,8,9,10,15,16
Water\Wastewater Superintendent
2,3,4,5,7,8,9,10,15,16
Assistant WaterlWastewater
2,3,4,6,7,8,9,10,15,16
Superintendent
Transportation Manager
2,3,4,10,11,15,16
Fleet Services Supervisor
2,4,9,10,11,15,16
Tree Operations Supervisor
3,4,6,8,9,10,11,16
Management Analyst
2,3,4,6,7,8,9,10,15,16
Senior Traffic Engineer
2,3,4,6,7,8,9,10,15,16
Boards and Commissions
Members of the Planning Commission
Members of the Recreation
2,3,4,6,7,8,9,10,16
Commission
Members of the Site Plan and
2,3,4,6,7,8,9,10,16
Architectural Review Committee
Members of the Library Board of
2,3,4,6,7,8,9,10,16
Trustees
Members of the Lodi Eastside
2,3,4,5,10,11
Improvement Committee
Members of the Lodi Arts Commission
2,3,4,5,7,8,9,10,16
Consultants
1
1
* Exempted from Political Reform Act of 1974, but required to file a statement of economic
interests pursuant to Government Code section 87200.
Designated Emplovees 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 Specified in Government Code Section 87200: The following positions shall file
a statement of economic interests pursuant to Government Code Section 87200:
1. Members of the Lodi City Council
2. City Manager
3. City Attorney
4. Finance Director
5. Members of the Lodi Planning Commission
2
APPENDIX B
APPENDIX OF DISCLOSURE CATEGORIES
DEFINITION
`Unit" as used in this text means the particular department, board, commission, office or other
entity using the disclosure category.
DISCLOSURE CATEGORIES
All investments and business positions in business entities, sources of income and
interests in real property.
2. Investments and business positions in business entities, and all sources of income.
3. Interests in real property.
4. Investments and business positions in business entities and sources of income from
entities providing supplies, services, equipment or machinery of the type used by the
designated employee's unit.
5. Investments and business positions in and income from entities which are book
outlets, vendors or providers of business services.
6. Investments and business positions in business entities and income from sources
engaged in construction, building, or material supply.
7. Investment and business positions in and income from sources engaged in
construction or development.
8. Investment and business positions in and income from sources engaged in the
construction of public works projects.
9. Investment and business positions in and income from construction firms involved in
construction projects subject to acceptance by the City Council.
10. Investment and business positions in and income from business entities of the type
to provide bids, supplies, vehicles and equipment.
11. Investment and business positions in and income from entities which provide
training, services or facilities of the type utilized by the city.
12. Investments and business positions in business entities and sources of income
which provide services and supplies of the type used in emergency services
coordination and training activities.
13. 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.
14. Investments and business positions in business entities and sources of income
which provide medical services or facilities of the type used by the city.
15. Investments and business positions in and income from business entities supplying
or manufacturing electronic equipment, supplies or services of the type utilized by
the employee's unit.
16. Investments and business positions in and income from business entities providing
supplies, services, equipment or machinery of the type used by the city.
17. Investments and business positions in and income from employment agencies or
entities which provide employment or pre-employment services. Services include,
but are not limited to, testing, training, consulting, recruiting, job classification
studies and salary surveys.
18. Investments and business positions in and income from business entities which are
of the type to provide any of the various types of employee insurance coverage
andlor actuarial services.
19. Investments and business positions in business entities and income from sources
which supply or manufacture firefighting or medical equipment or supplies.
20. All investments and business positions in business entities, sources of income, and
interests in real property of the type which municipalities are permitted to invest
under the California Government Code.
.3
CITY COUNCIL
PHILLIP A. PENNINO, Mayor
SUSAN HITCHCOCK,
Mayor Pro Tempore
EMILY HOWARD
KEITH LAND
ALAN S. NAKANISHI
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI. CALIFORNIA 95241-1910
(209) 333-6702
FAX (209)333-6807
cityclrk@lodi.gov
November 22, 2002
Fair Political Practices Commission
P.O. Box 807
Sacramento, CA 95804
RE: UPDATED CONFLICT OF INTEREST CODE
H. DIXON FLYNN
City Manager
SUSAN J. BLACKSTON
City Clerk
RANDALL A. HAYS
City Attorney
Please find enclosed a certified copy of the resolution amending the City of Lodi
Conflict of Interest Code, which was adopted by the Lodi City Council at its
November 20, 2002 City Council meeting.
Should you have any questions regarding this matter, please feel free to contact
my office.
Sincerely,
Susan J. Blackston
City Clerk
SJBlmp
Enclosure
con fl ict\corresp\lcodc.doc