HomeMy WebLinkAboutCC AG PKT 2006-11-13 #D
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AGENDA REPORT
DATE:
November 13,2006
TO:
Honorable Mayor and City Council
THRU:
John B. Bahorski, City Manager
Linda Devine, City Clerk
FROM:
SUBJECT:
CONFLICT OF INTEREST CODE REVISION
SUMMARY OF REQUEST:
Adopt Resolution Number to amend the Conflict of Interest Code containing
revised designated positions, disclosure categories and repeal Resolution Number 5288.
BACKGROUND:
The Political Reform Act, Government Code Section 81000, et seq., requires the City of Seal
Beach to adopt a conflict of interest code for each department of the City,
FINANCIAL IMPACT:
None
RECOMMENDATION:
Adopt Resolution Number and direct the City Clerk and City Attorney to coordinate
the preparation of a revised Conflict of Interest Code in succeeding even numbered years in
accordance with the requirements of Government Code section 87306 and 87306.5
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L da Devine, ity Clerk
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ttachments: Resolution
Exhibit A
Agenda Item f)
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH ADOPTING AN AMENDED CONFLICT OF
INTEREST CODE CONTAINING REVISED DESIGNATED
POSITIONS, DISCLOSURE CATEGORIES A..'ffi REPEALING
RESOLUTION NUMBER S288
TIlE CITY COUNCIL OF TIlE CITY OF SEAL BEACH DOES HEREBY FIND,
RESOLVE, AND ORDER AS FOLWWS:
Section 1., The Political Reform Act, Government Code Section 81000, et seq. requires
the City of Seal Beach C'City") to adopt a Conflict of Interest Code for each department
of the City.
Section 2. The Fair Political Practices Commission has adopted a Model Conflict of
Interest Code (the "Model Code"). The Model Code, codified at 2 California Code of
Regulations Section 18730, can be incorporated by reference by the City as its Contlict of
ulterest Code. That Model Code WIll be amended by the Fair Political Practices
Commission from time to time to confonn to amendments to the Political Reform Act.
Section 3. Pursuant to Resolution Number 5288, the City adopted a Conflict of lntereal
Code containing designated positions and disclosure categories. By this resoJution the
City is adopting an updated Contlict of Interest Code, designated positions and disclosure
categories.
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Section 4. The Model Code, attached hereto as Exhibit "A" and any amendments to it
duly adopted by the Fair Political Practices Commission, and Appendices A-H are hereby
incorporated by reference and shall constitute the Conflict of Intereat Code for the City
for the following departments:
A. Administrative Department;
B. Development Services Department;
C. Administrative Services Department;
D. Public Works Department;
E. Community Services Department;
F, Police Department;
G, Lifeguard Department;
H. Consullants
Section 5. Persons holdmg designated positions listed in the Appendices shall file
Statements of Economic Interest pursuant to Section 5 of the Conflict of Interest Code
with the infonnation required for the disclosure categories assigned to them.
Section 6. The City Council li'oreby directs the CIty Clerk and City Attorney to
coordinate the preparation of a revised Conflict of Interest Code in succeeding even-
nu.mbered years in accordance: with the requireme:nts of Government Code Sections
87306 and 87306.5. The revised Code should retlect any changes in department or
employee designations. If no revisions to the Code are required, the Clty CIeri< shall
submit a report no later than October 1st of the same year, stalIng that amendments to the
Code are not required.
Section 7. ResoluMn Number 51gg of the City i. hereby repealed in ita entirety. Th.
Appendices to th. Contlict of lnterest Code have been revised as follows: Appendix "cn
- title change Accounting Manager to Administrative Services Manager, Appendix "E" -
Recreation Supervisor classification change to Program Facilitator - no longer filer;
Appendix "F'" - add positions Police Lieutenant and Support Services Manager; and
Appendix <<G" - add position of Lifeguard Lieutenant;
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Resolution Number
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Section 8. The City Clerk .hall certify to the p....ge and adoption ofthi. Resolution.
PASSED, APPROVED AND ADOPTED BY THE City Council of Seal Beach, at a
meeting hereof held on the day of 2006 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCnuMEMBERS
ABSTAIN: COUNCILMEMBERS
MAYOR
A TIEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE SS
CITY OF SEAL BEACH
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I, Linda Devine, City Clerk for the City of Seal Beach, California, do hereby cernfy that
the foregoing resolutions is the original copy of Resolution Number_ on fiJe in that
office of the City Clerk, p...ed, approved an adopted by the City Councli of the City of
Seal Beach at a regular meeting hereof held on the _ day of ,2006.
CIty Clerk
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Resolution Number
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APPENDIX A
ADMINISTRATIVE DEPARTMENT
Desimlated Position
City Council Member
City Manager
Assistant City Manager
Assistant to the City Manager
City Attorney
Assistant City Attorney
City Clerk
Disclosure CatellOries
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2,3,4,5
2.3,4,5
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2,3,4,5
2.6,7,8
ADMINISTRATIVE DEPARTMEl\'T
DISCLOSURE CATEGORIES
1. Disclosure is required on FPPC Fonn 700 pursuant to Government Code Sections
87202-87203. No additional disclosure is required by this Contlict of Interest
Code,
2. Reportable interests in real nmDertv in the jurisdiction.
3. Reportable ills2m!l,
4. Reportable investments.
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5,
Reportable business nositions.
6.
Reportable income from persons and busine.s entities providing, that plan to
provide. or that have provided within two years from the time a statement is
required under this Contlict of Interest Code, services or supplies to the City
under the direction of the City Clerk.
7. Reportable investments in business entities providing, that plan to provide, or that
have provided within two years from the time 8. statement is required under this
Conflict of Interest Code, services or supplies to the City under the direction of
the City Clerk.
8. Reportable business oositions in business entities providing. that plan to provide,
or that have provided within two years from the time a statement is reqUired under
this Conflict of Interest Code. services or supplies to the City under the direction
ofthe City Clerk.
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Resolution Number
APPENDIX B
DEVELOPMENT SERVICES DEPARTMENT
(Planning I Building)
Desismated Position
Planning Commissioner
Director ofDeve\oprnonl Services
Senior Planner
Disclosure CatellOnes
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2,3,4.5
2,3,4,S
DEVELOPMENT SERVICES DEPARTMENT
DISCLOSURE CATEGOlUES
I. No disclosure is required by this Conflicl of Interesl Code. Disclosure is alIeady
required by Govommenl Code Sectinns 87202-87203.
2,
Reportable income from persons and business entities that either:
(i) have an interest in real property in the jurisdiction; or
(ii) provide, plan 10 provide, or hsve provided wilhin two years prior to the
time a statement is required under this Conflict of Interest Code, services
subject to the review or approval of the Development Services
Department; or
(iii) provide, plan to provide, or hsve provided wilhin two yea.. prior to the
time a statement is required under this Conflict of Interest Code, services
or supplies to the City under the direction of the Development Services
Department
3.
Reportable investments in any business entities that either:
(i) have an intCIest in real property in the jurisdictionj or
(ii) provide, plan 10 provide, or have provided within two yea.. prior 10 the
time a statement is required. under this Conflict of Interest Code, services
subject to the review or approval of the Development Service Department;
or
(Hi) provide. plan to provide or have provided within two years prior to the
time a statement is required under thls. Conflict of Interest Code. services
or supplies to the City under the direction of the Development Services
Department.
4. Reportable business nosiriolls in any business entities that either:
(1) have an interest in real property in the jurisdiction; or
(il) provide, plan to provide, or have provided within two years prior to the
time a statement is required under this Conflict of Interest Code, services
subject to the approval or review of the Development Services
Department; or
(iii) provide, plan to provide or hive provided within lwo yea.. prior to the
time a statement is required under this Conflict of Interest Code, services
or supplies to the City under the direction of the Development Services
Departmenl.
s. Reportable interests in real DroDertv in the jurisdiction.
Resolution Number
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APPENDIX C
ADMINISTRATIVE SERVICES DEPARTMENT
(Finance)
Desismated Position
Director of Administrative ServiCes I
Treasurer
Administrabve Services Manager
Disclosure Cate20ries
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2,3,4
ADMINISTRATIVE SERVICES DEPARTMENT
DISCLOSURE CATEGORIES
1: Disclosure is required on FPPC Form 700 pursuant to Government Code Sections
87202-87203, No additional disclosure is required by this Conflict of Interest
Code.
2. Reportable income from persons and business entities from which the City
purchases, plans to purchase., or has purchased within two years prior to the time a
statement is required under this Conflict of Interest Code, supplies. materials, or
services.
3. Reportable investments in business entities from which the City purchases, plans
to purchase, or has purchased within two years prior to the time a statement is
required under this Conflict of Interest Code. supplies. materials, or services.
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4.
Reportable business Dositions in business entities from which the City purchases,
plans to purchase, or has purchased within two years prior to the time a statement
is required under this Conflict of Interest Code, supplies. materials, or services.
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Resolution Number
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APPENDIX D
PUBLIC WORKS DEPARTMENT
(Public WorkslEnglnoorlng)
Desimated Position
Director of Public Works/City Engineor
AssistantIDoputy City Engineer
Maintenance Services Manager
Disclosure Catea:ories
],2,3.4
1,2,3.4
1,2,3,4
PUBLIC WORKS DEPARTMENT
DISCLOSURE CATEGORIES
1: Reportable income &om persons and business entities that either:
(i) have an interest in real property in the jurisdiction; or
(ii) provido, plan to provide, or have provided within two yoan; prior to the
time a statement is required under this Conflict of Interest Code, services
subject to the review or approval of the Public Works Department; or
(iii) provide, plan to provide Dr have provided within two yoan; prior to the
time a statement is required under this Conflict of Interest Code, services
Dr supplies to the City undor the direction of the Public Works
Depanmenl.
2.
Reportable investments in any business entlties that either:
(i) have an interest In real property in the jurisdiction; or
eii) proVide, plan to provide, or have provided within two years prior to the
time a statement is required under this Conflict of Interest Code, services
subject to the review or approval of the Public Works Deparbnent; or
(Iii) provide. plan to provide or have provided within two yean prior to the
time a statement is required under this Conflict of Interest Code. seNices
or supplies to the City under the' direction of the Public Works
Department.
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3. Reportable business oositions in any business entities that either:
(i) have an interest in real property in the jurisdictioni or
(il) provide, plan to provide. or have provided within two years prior to the
time a statement is required under this Conflict of Interest code, seNices
subject to the approval or review of the Public Works Department; or
(iii) provide, plan to provide. or have provided within two years prior to the
time a statement is required under this Conflict of Interest Code. services
and supplies to the City undor the directioll of the Public Works
Deportment.
4. Reportable interests in real oronenv in the jurisdiction.
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Resolution Number
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APPENDIX E
COMMUNITY SERVICES DEPARTMENT
(ParkslK..r.alion)
Desimlted Position
Community SClVi.ces Director
Disclosure Cate20ries
].2.3.4
COMMUNITY SERVICES DEPARTMENT
DISCLOSURE CATEGORIES
1. Reportable income from persons and business entities that provide, plan to
provide, or have provided within two years prior to the time a statement is
required under this Conflict of Interest Code., services or supplies to the City
under the direction afthe Community Smvices Deparbnent.
2. Reportable investments in business entities that provide., plan to provide, or have
provided within two years prior to the time a statement is required under this
Conflict of Interest Code. services or supplies to the City under the direction of
the Community Services Department.
3. Reportable business Dositions in business entities that provide, plan to proVide. or
have provided within two years prior to the time a statement is required under this
Conflict of Interest Code, services or supplies to the City under the direction of
the Community Services Department.
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4.
Reponable interests in rea! OTQnertv in the jurisdiction.
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Resolution Number
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APPENDIX F
POLICE DEPARTMENT
Desimated Position
Police Chief
Police Captain
Police Lieutenant
Support Semces Manager
Disclosure Catcllories
1,2,3
1,2,3
1,2.3
1,2.3
POLICE DEPARTMENT
DISCLOSURE CATEGORIES
I: Reportable in.\;mn!! fiom persons and business entiti.. that provide, plan to
provide, or have provided within two years prior to the time a statement is
required under this Conflict of Interest Code, services or supplies to the City
under the direction oflhe Police Department.
2. Reportable investments in business entities that provide, plan to provide, or have
provided within two years prior to the time a statement is required under this
Conflict of Interest Code. services or supplies to the City under the direction of
the police Department.
3,
Reportable business oositions in business entities that provide. plan to provide, or
have provided within two years pnor to the time a statement is required under this
Conflict of Interest Code, services or supplies to the City under the direction of
the Police Department.
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Resolution Number
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APPENDIX G
LIFEGUARD DEPARTMENT
Desilm.ated Position
Lifeguard Chief/Captain
Lifeguard Lieutenant
Disclosure CateRories
1,2,3
1.2,3
LIFEGUARD DEPARTMENT
DISCLOSURE CATEGORIES
I. Reportable income from persons Dr business entities providm8, that plan to
provide, Dr that have provided within two years from the time a statement is
required under this Conflict of Interest Code, services or supplies to the City
under the direction of the Life8uard Department.
2. ReportabJe investments in business entities providing. that plan to provide, or that
have provided within two years from the time a statement is required under this
Conflict of Interest Code., services or suppJies to the City under the direction of
the Life8uard Department.
3. Reportable business Dositions in business entilies providing. that plan to provide.
or that have provided within two years from the time a statement is required under
this Conflict of Interest Code, servLces or supplies to the City under the direction
of the Lifeguard Department.
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Resolution Number
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APPENDIX H
CONSULTANTS
For consultants who serve in a staff capacity with the City, the consultant shan disclose
based on tho disclosure categories assigned elsewhere in this code for that staf'f'position.
For consultants who do nol serve in a staff capacity for the City, the consultants shan he
subject 10 the disclosure requirements listed below if they make (and not just
recommend) a govenunental decision. on whether to:
]. Approve a rate, rule, or regulation;
1. Adopt or enforce a law;
3: Issue, deny, suspend, or revoke any pennit, license., application, certificate.
approval, order, or similar authorization or entitlement;
4. Authorize Ihe City to enter into, modify, or renew a contract provided it is the
type of conlract that requires City approval;
5, Grant City approval 10 a contract that requires City approval and to which the City
is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report. study, or similar item; or
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7. Adop~ or grant City approval of, policies, standards, or guidelines for the City, or
for any subdivision thereof.
Such consultants shan disclose pUrBuanl 10 categories I, 2, 3, 4 and 5 below unless the
City Manager determines in writing that a particular consultant is hired to perfonn a
range of dUlies Ihat is limited in scope and Ihus is not required 10 fully comply with the
disclosure requirements in categorics 1.2.3.4 and S. Such written detennination shall
include a description of the consultant's duties and, based upon that description, a
statement of the extent of disclosure requiremeJ.1ts. The City Managets determination is
a public record and sban be retained for public inspection in the same manner and
location as this Conflict of Interest Code.
CONSULTANTS
DISCLOSURE CATEGORIES
]. Reportable income.
2. Reportable investments.
3. Reportable business nositions.
4. Reportable interests in real nronertv in the jurisdiction.
S. Reportablelli!l! and travel aifts.
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