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HomeMy WebLinkAboutCC AG PKT 2008-11-10 #FAGENDA STAFF REPORT DATE: November 10, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Linda Devine, City Clerk SUBJECT; CONFLICT OF INTEREST CODE REVISION SUMMARY OF REQUEST: Adopt Resolution Number 5802 to amend the Conflict of Interest Code containing revised designated positions, disclosure categories and repeal Resolution Number 5508. 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 5802 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 SU MITTED Y• NOTED AND APPROVED: ~=~ Li da evine, City Clerk David Carmany, ity Manager Attachments: A Resolution Agenda Item F RESOLUTION NUMBER SSO2 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 AND REPEALING RESOLUTION NUMBER 5508 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS Section 1 The Political Reform Act, Govemment Code Section 81000, et seq regwres the City of Seal Beach ("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 Conflict of Interest Code That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act. Section 3 Pursuant to Resolution Number 5508, the City adopted a Conflict of Interest Code containing designated positions and disclosure categories By this resolution the City is adopting an updated Conflict of Interest Code, designated positions and disclosure categones 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-G are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City for the following departments A Administratve Department, B Development Services Department, C Administrative Services Department, D Public Works Department, E Police Department, F Lifeguard Department, G Consultants action 5 Persons holding designated positions listed in the Appendices shall file Statements of Economic Interest pursuant to Section 5 of the Conflict of Interest Code with the information required for the tlisclosure categones assigned to them Section 6 The Gty Council hereby directs 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 Sections 87306 and 87306 5 The revised Code should reflect any changes in department or employee designations If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required Section 7 Resolution Number 5508 of the City is hereby repealed in its entuety The Appendices to the Conflict of Interest Code have been revised as follows Appendix "A" -removal of Assistant City Manager; Appendix "C" -removal of Administrative Services Manager and addition of Senior Accountant; Appendix "D" -split "Director of Public Works/City Engineer' into two separate positions and removed Assistant City Engineer, former Appendix "E" -deleted because of removal of the only position, Community Services Director, Appendices "F", °G", and "H" -renumbered as Appendices "E", "F", and "G", Appendix "F" (old Resolution Number 5802 Appendix "G") -Lifeguard Chief/Captain classification change to Lifeguard Captain Section 8 The City Clerk shall certify to the passage and adoption of this Resolution PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 10th day of November , 2008 by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Mayor City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the onginal copy of Resolution Number 5802 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 10th day of November , 2008 City Clerk Resolu4on Number 5802 APPENDIX A ADMINISTRATIVE DEPARTMENT Descnated Position Disclosure Catecones City Council Member 1 City Manager 1 Assistant to the City Manager 2, 3, 4, 5 City Attomey 1 Assistant City Attomey 2, 3, 4, 5 City Clerk 2, 6, 7, 8 ADMINISTRATIVE DEPARTMENT DISCLOSURE CATEGORIES 1 Disclosure is required on FPPC Forrn 700 pursuant to Government Code Sections 87202-87203 No additional disclosure is required by this Conflict of Interest Code 2 Reportable interests in real orooerty in the lunsdiction 3 Reportable inc me 4 Reportable investments 5 Reportable business oositions 6 Reportable income from persons and business entities providing, that plan to provide, or that have provided within two years from the time a statement is regwred under this Conflict of Interest Code, servces or supplies to the City under the direction of the City Clerk 7 Reportable investments in business entities prowding, that plan to provide, or that have provided within two years from the time a statement is regwred under this Conflict of Interest Code, services or supplies to the City under the direcUOn 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 of the City Clerk Resolution Number 5802 APPENDIX B DEVELOPMENT SERVICES DEPARTMENT (Planning /Building) Desicnated Position Disclosure Catecories Planning Commissioner 1 Director of Development Sennces 2, 3, 4, 5 Senior Planner 2, 3, 4, 5 DEVELOPMENT SERVICES DEPARTMENT DISCLOSURE CATEGORIES No disclosure is requred by this Conflict of Interest Code Disclosure is already required by Government Code Sections 87202-87203 Reportable income from persons and business entities that either. p) have an interest in real property in the lunsdiction, or (n) provide, plan to provide, or have provided within two years poor to the time a statement is regwred under this Conflict of Interest Code, services subject to the review or approval of the Development Services Department; or (in) provide, plan to provide, or have provided within two years poor 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 Reportable investments in any business entities that either. (i) have an interest in real property in the jurisdiction; or (n) provide, plan to provide, or have provided within two years prior to the hme a statement is regwred under this Conflict of Interest Code, services subject to the review or approval of the Development Service Department, or pn) provide, plan to provide or have provided within two years prior to the time a statement is regwred under this Conflict of Interest Code, services or supplies to the Cay under the direction of the Development Services Department 4 Reportable business Dositions in any business entitles that either (i) have an interest m real property in the junsdiction, or (u) provide, plan to provide, or have provided within two years poor 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 (ni) provide, plan to provide or have provided within two years prior to the ume a statement is regwred under this Conflict of Interest Code, services or supplies to the City under the direction of the Development Services Department 5 Reportable interests in real Drooerly in the jurisdiction Resolution Number 5802 APPENDIX C ADMINISTRATIVE SERVICES DEPARTMENT (Finance) Desicnated Position Disclosure Cateaones Dvector of Administrative Services / 1 Treasurer Senior Accountant 2, 3, 4 ADMINISTRATIVE SERVICES DEPARTMENT DISCLOSURE CATEGORIES t Disclosure is requred on FPPC Fonn 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, matenals, or sernces 3 Reportable investments m business entities from which the City purchases, plans to purchase, or has purchased within two years poor to the time a statement is regwred under this Conflict of Interest Code, supplies, matenals, or sernces 4 Reportable business Dositions in business entitles from which the City purchases, plans to purchase, or has purchased within two years poor to the time a statement is required under this Conflict of (merest Code, supplies, matenals, or seMces Resolution Number 5802 APPENDIX D PUBLIC WORKS DEPARTMENT (Public Works/Engrneerrng) Desranated Positron Disclosure Categories Director of Public Works 1, 2, 3, 4 City Engineer 1, 2, 3, 4 Maintenance Services Manager 1, 2, 3, 4 PUBLIC WORKS DEPARTMENT DISCLOSURE CATEGORIES Reportable income from persons and business entities that either (i) have an interest rn real property rn the junsdictron, or (n) provide, plan to provide, or have provided within two years poor to the time a statement rs requred under this Conflict of Interest Code, services subject to the review or approval of the Public Works Department, or (m) provide, plan to provide or have provided vnthrn two years poor to the time a statement rs required under this Conflict of Interest Code, services or supplies to the City under the direction of the Public Works Department. Reportable investments in any business enbtres that either (i) have an interest in real property in the junsdretron, or (ri) provide, plan to provide, or have provided within two years poor to the Ume a statement is required under this Conflict of Interest Code, services subject to the review or approval of the Public Warks Department, or (ni) provide, plan to provide or have provided within two years poor to the time a statement is regwred under this Conflict of Interest Code, seances or supplies to the Gty under the duectron of the Public Works Department 3 Reportable business Dosrtions in any business entities that either. (i) have an interest in real property in the junsdretion, or (n) provide, plan to provide, or have provided within two years poor to the trine a statement is required under this Conflict of Interest code, seances subject to the approval or review of the Public Works Department, or (ni) provide, plan to provide, or have provided within two years poor to the time a statement rs regwred under this Conflict of Interest Code, services and supplies to the City under the drrecbon of the Public Works Department 4 Reportable interests in real orooerty in the junsdictlon Resolution Number 5802 APPENDIX E POLICE DEPARTMENT Desicnated Position Police Chief Police Captain Police Lieutenarn Support Services Manager Disclosure Catecones 1,2,3 1,2,3 1,2,3 1,2,3 POLICE DEPARTMENT DISCLOSURE CATEGORIES Reportable income from persons and business entities that provide, plan to prowde, or have provided withm two years poor to the time a statement is required under this Conflict of Interest Code, servces or supplies to the City under the direction of the Police Department Reportable investmerns in business entities that prowde, plan to prowde, or have provided within two years poor to the time a statement is requrred under this Conflict of Interest Cade, services or supplies to the City under the direction of the police Department Reportable business oositions m business entities that prowde, plan to prowde, 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 Resolution Number 5802 APPENDIX F LIFEGUARD DEPARTMENT Desicnated Position Disclosure Cateoones Lifeguard Captain 1, 2, 3 Lifeguard Lieutenant 1, 2, 3 Reportable income from persons or 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 Cary under the direction of the Lifeguard Department. 2, Reportable 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, servces or supplies to the City under the dvection of the Lifeguard Department. Reportable business oositions in business entities providing, that plan to provide, or that have provided within two years from the time a statement is requued under this Conflict of Interest Code, services or supplies to the Ciry under the direction of the Lifeguard Department Resolution Number 5802 APPENDIX G CONSULTANTS For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position For consultants who do not serve in a staff capacity for the City, the consultants shall be subject to the disclosure requrements listed below if they make (and not lust recommend) a governmental decision, on 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 authonxation or emdlement, 4 Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that regwres City approval; 5 Grant City approval to 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 7 Adopt, or grant City approval of, polices, standards, or gwdelines for the City, or for any subdroision thereof Such consultants shall disclose pursuant to categones 1, 2, 3, 4 and 5 below unless the City Manager determines in venting that a particular consultant is hired to pertorm a range of duties that is limited in scope and thus is not regwred to fully comply with the disclosure requrements in categones t, 2, 3, 4 and 5. Such written determination shall include a descnption of the consultant's duties and, based upon that descnption, a statement of the eMent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and Iccation as this Conflict of Interest Code CONSULTANTS DISCLOSURE CATEGORIES 1 Reportable income 2 Reportable investments 3 Reportable business positions 4 Reportable interests m real prooertv m the lunsdiction 5. Reportable ~ and travel Gifts.