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HomeMy WebLinkAboutCC Res 6088 2010-12-13 , RESOLUTION NUMBER 6088 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND REPEALING RESOLUTION NUMBER 5802 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires 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 5802, 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 categories. 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. Administrative Department; B. Development Services Department; C. Administrative Services Department; D. Public Works Department; E. Police Department; F. Lifeguard Department; G. Consultants Section 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 disclosure categories assigned to them. Section 6. The City 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 5802 of the City is hereby repealed in its entirety. The Appendices to the Conflict of Interest Code have been revised as follows: Appendix "E" — deleted Support Services Manager (position no longer exists - duties and responsibilities assigned to Police Lieutenant) Section 8. The City Clerk shall certify to the passage and adoption of this Resolution. Resolution Number 6088 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December , 2010 by the following vote: AYES: Council Members .■I , //i ), A , , � 4 % cZkav NOES: Council Members , ' ABSENT: Council Members T4)1 ABSTAIN: Council Members frc OF Mayor ATTEST: vy o� * , So's1Q% ity Clerk N rbe, 'ac C, 4 % ,0 oUNT`I STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6088 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December , 2010. ity Clerk Resolution Number 6088 EXHIBIT "A" 1 [MODEL CONFLICT OF INTEREST CODE] 1 Resolution Number 6088 APPENDIX A ADMINISTRATIVE DEPARTMENT Designated Position Disclosure Categories City Council Member 1 City Manager 1 Assistant to the City Manager 2, 3, 4, 5 City Attorney 1 Assistant City Attorney 2, 3, 4, 5 City Clerk 2, 6, 7, 8 ADMINISTRATIVE 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 interests in real property in the jurisdiction. 3. Reportable income. 4. Reportable investments. 5. Reportable business positions. 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 required under this Conflict 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 a 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 positions 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 6088 APPENDIX B ..: . DEVELOPMENT SERVICES DEPARTMENT (Planning / Building) Designated Position Disclosure Categories Planning Commissioner 1 Director of Development Services 2, 3, 4, 5 Senior Planner 2, 3, 4, 5 DEVELOPMENT SERVICES DEPARTMENT DISCLOSURE CATEGORIES 1. No disclosure is required by this Conflict of Interest Code. Disclosure is already required by Government Code Sections 87202 - 87203. 2. Reportable income from persons and business entities that either: (1) have an interest in real property in the jurisdiction; or (ii) 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 Development Services 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 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 interest in real property in the jurisdiction; or (ii) 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 Development Service 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 or supplies to the City under the direction of the Development Services Department. 4. Reportable business positions in any business entities that either: (i) have an interest in real property in the jurisdiction; or (ii) 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 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 Development Services Department. 5. Reportable interests in real property in the jurisdiction. Resolution Number 6088 APPENDIX C ADMINISTRATIVE SERVICES DEPARTMENT (Finance) Designated Position Disclosure Categories Director of Administrative Services / 1 Treasurer Senior Accountant 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. 4. ,Reportable business positions 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. Resolution Number 6088 APPENDIX D PUBLIC WORKS DEPARTMENT (Public Works /Engineering) Designated Position 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 1. Reportable income from persons and business entities that either: (i) have an interest in real property in the jurisdiction; or (ii) 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 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 or supplies to the City under the direction of the Public Works Department. 2. Reportable investments in any business entities that either: (i) have an interest in real property in the jurisdiction; or (ii) 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 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 or supplies to the City under the direction of the Public Works Department. 3. Reportable business positions in any business entities that either: (i) have an interest in real property in the jurisdiction; or (ii) 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 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 under the direction of the Public Works Department. 4. Reportable interests in real property in the jurisdiction. Resolution Number 6088 APPENDIX E POLICE DEPARTMENT Designated Position Disclosure Categories Police Chief 1, 2, 3 Police Captain 1, 2, 3 Police Lieutenant 1, 2, 3 POLICE 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 of the 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 positions 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. ..rX, Resolution Number 6088 `APPENDIX F LIFEGUARD DEPARTMENT Designated Position Disclosure Categories Lifeguard Captain 1, 2, 3 Lifeguard Lieutenant 1, 2, 3 LIFEGUARD DEPARTMENT DISCLOSURE CATEGORIES 1. 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 City 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, services or supplies to the City under the direction of the Lifeguard Department. 3. Reportable business positions 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 Lifeguard Department. Resolution Number 6088 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 requirements listed below if they make (and not just 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 authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires 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, policies, standards, or guidelines for the City, or for any subdivision thereof. Such consultants shall disclose pursuant to categories 1, 2, 3, 4 and 5 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories 1, 2, 3, 4 and 5. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager'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. CONSULTANTS DISCLOSURE CATEGORIES 1. Reportable income. 2. Reportable investments. 3. Reportable business positions. 4. Reportable interests in real property in the jurisdiction. 5. Reportable gifts and travel gifts.