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10-15-2010 - Conflict of Interest Code Biennial Update - D-4.pdfCity of West Covina TO; Andrew Pasmant, City Manager .111EMORA NDUM and City Council AGENDA FROM: Susan Rush ITEM NO: D Assistant City Clerk DATE: September 21, 2010 SUBJECT: CONFLICT OF INTEREST CODE BIENNIAL UPDATE RECOMMENDATION: It is recommended that the City Council adopt the following resolution amending the Conflict of Interest Code for the City of West Covina in compliance with Government Code requirements. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA DISCUSSION: The Political Reform Act (Government Code Section 87300) requires that the City Council adopt a Conflict of Interest Code for each of the local agencies within its jurisdiction and designate employee positions within each agency that should make disclosures of economic interests. Any position which makes or participates in making governmental decisions, which may foreseeably have a material effect on his or her financial interest, should be designated in the Conflict of Interest Code. Agencies under the jurisdiction of the City Council are the City, Community Development Commission (CDC) and the Public Financing Authority (PFA). It should be noted that other City officials, such as the City Council, City Manager, City Attorney and Planning Cormnissioners are required to disclose economic interests under Government Code Section 87200, and not the City's Conflict of Interest Code. Government Code Section 87306.5 requires that the City review their Conflict of Interest Codes biennially (even numbered years) to determine whether the Codes need to be revised or amended. At the June 15, 2010 City Council meeting, the Council directed staff to review the Codes and prepare any amendments for Council consideration or submit a report stating that no changes are needed. Upon review, it was determined that the City's Conflict of Interest Code would need to be amended, primarily due to changes in position titles and responsibilities and elimination of previously designated positions. Changes are as follows: • Addition of Deputy City Manager with Disclosure Category 1 due to reclassification from Assistant to the City Manager • Deletion of Senior Citizens Program Coordinator, position eliminated • Deletion of Principal Engineer, position eliminated The Community Development Commission and Public Financing Authority Conflict of Interest Codes require no changes. ALTERNATIVES: Biennial review of the Conflict of Interest Codes is required by law FISCAL IMPACT: None Prepared by: Reviewed and Approved Arnold Alvarez-Glasman Alvarez-Glasman & Colvin (approved via telephone) Susan Rush Assistant City Clerk Conflict of Interest Code Review September 21, 2010 CONCLUSION: The City Attorney's Office has reviewed the Conflict of Interest Codes and amendments, It would be appropriate for the City Connell to adopt a resolution updating the Conflict of Interest Code for the City of West Covina. Conflict of Interest Codes for the West Covina Community Development Commission and the West Covina Public Financing Authority require no action. The next review will be conducted in 2012. Attachment A: Resolution adopting City's Conflict of Interest Code amendments Attachment B: City of West Covina Code with amended Appendices 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA WHEREAS, the Political Reform Act, Government Code Sections 81000 et seq., requires the adoption of a Conflict of Interest Code for all public agencies; and WHEREAS, the Fair Political Practices Commission has adopted Regulation 2, California Code of Regulations, Section 18730, which contains the terms of a Standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings; and WHEREAS, the Political Reform Act, Government Code Section 87306.5 requires every government agency to conduct biennial reviews of their Code. • WHEREAS, the City Council last amended the City of West Covina's Conflict of Interest ode in November of 2008 with the adoption of Resolution No. 2008-73. NOW, THEREFORE, the City Council of the City of West Covina, does hereby resolve as follows: SECTION 1. In compliance with Government Code Section 87300, the terms of Regulation 2, California Code of Regulations, Section 18730 — The Standardized Conflict of Interest Code 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 West Covina. (Exhibit 1) SECTION 2. This resolution supersedes previous Resolution No. 2008-73 which adopted a Conflict of Interest Code for designated employees in the City of West Covina. SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution. APPROVED AND ADOPTED on this 21' day of September 2010 ATTEST: Mayor Shelley Sanderson City Clerk Laurie Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, 'California, do hereby certify that the foregoing resolution was duly adopted by the City Council'of the City of West Covina, California, at a regular meeting thereof held on the 21st day of September 2010, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: City Clerk Laurie Carrico APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman EXHIBIT CONFLICT OF INTEREST CODE CITY OF WEST COVINA SECTION 1. AUTHORITY. This code is adopted pursuant to and in compliance with Section 87300 of the California Government Code. SECTION 2. STANDARDIZED CODE ADOPTED. The teinis of California Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference, and along with the attached Appendix "A," in which officials and employees are specified and designated, and Appendix "B,' in which disclosure categories are set forth, constitute the Conflict of Interest Code of the City of West Covina. The herein Conflict of Interest Code of the City of West Covina, so adopted by Resolution No. amends and replaces any Conflict of Interest Code of the City of West Covina, previously in effect, to conform to the herein newly adopted Code. All terms or words in this Conflict of Interest Code, and in its Exhibits shall have such meanings as are associated hereto in the Political Reform act, as amended from time to time. SECTION 3. STATEMENTS. Designated employees shall file statements of econornic interests with the City Clerk, who shall be and will perform the duties of filing officer for the City of West Covina. All newly designated employees shall file an initial statement within thirty days after the effective date of the herein Code. The annual statement of economic interests shall be duly filed no later than April 1 of each calendar year. SECTION 4. EFFECTIVE DATE. This Code shall take effect immediately upon its approval by the Council of the City of West Covina. Appendix A CITY OF WEST COVINA DESIGNATED POSITIONS A "Designated employee" is an officer, employee, member or consultant of an agency whose position is designated in the Code because the position entails the making or participation in the making of governmental decisions which may foreseeably have a material effect on any financial interest. (Government Code Section 82019) POSITION DISCLOSURE CATEGORY City Clerk's Office City Clerk (Elected) Assistant City Clerk City Manager's Office Assistant/Deputy City Attorney 1 Assistant City Manager 1 Assistant to the-City Manager 3 • Deputy 'City Manager 1 Community Services Management Analysts • Comnamity Services Director Community Services Manager Recreation Services Supervisor Senior Citizens Services Supervisor Cornmunity Services Coordinator Finance Finance Director Accounting Manager Controller Purchasing Manager Systems Administrator Fire Department Fire Chief Assistant Chief Human Resources Human Resources Director Planning Department City Planner Planning Director Principal Planner Senior Planner Appendix A CITY OF WEST COVINA DESIGNATED POSITIONS POSITION Police Department Police Chief Commander Public Works Deputy Building Official Director of Public Works/City Engineer Equipment Maintenance Supervisor Maintenance Operations Manager Park Maintenance Supervisor DISCLOSURE CATEGORY 1 3 2 3 • 1 Public Works Project. Supervisor Street Maintenance Supervisor 3 3 Risk Management Director of Risk Management • Safety and Claims Manager Commissions/Committees Community Services Commission Human Resources Commission Public Arts Commission Senior Citizens Commission Consultants 7 7 1 1 1 1 Consultants shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations: The executive director or executive officer may determine in writing that a particular consultant, although a "designated position," 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 described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. • The executive director's or executive officer'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. Appendix A CITY OF WEST COVINA DESIGNATED POSITIONS Note: The city Council, City Manager, City Attorney, City Treasurer and Planning commissioners are not included as "designated positions ." as the disclosure obligations for these positions are set forth by Government Code Section 87200, et seq. Appendix B DISCLOSURE CATEGORIES 1 Persons in this category must disclose all investments and business positions in business entities, sources of income, including gifts, loans, and travel .payments, and interests in real property located within the jurisdiction or within two Miles of the boundaries of the jurisdiction. 2 - Persons in this category must disclose all investments and business positions in business entities and income, including gifts, loans, and travel payments, from sources which provide services, supplies, materials, machinery or equipment of the type utilized by the City of West Covina. 3 - Persons in' this category must disclose all investments and business positions, in business entities and income, including gifts, loans, and travel payments, from sources which provide services, supplies, materials, machinery or equipment of the type utilized by the department or division to which designated employee is assigned. 4 - Persons in this category must disclose all investments and business positions in business entities and income from sources which provide, supply, manufacture or service computer hardware or software of the type utilized by the City of West Covina. 5 - Persons in this category. must disclose all investments and. business positions in business entities and income, including gifts, loans, and travel payments, from sources which .provide services, supplies, materials; machinery • or equipment of the type utilized by the City of West Covina and from sources which provide, supply, manufacture or service computer hardware or software of the type utilized .by the City of West Covina. 6 - Persons in this category must disclose . all investments and business positions in .business entities, including sources of income, gifts, loans, and travel payments, which engage in land development, zoning, construction, sale and/or change in use of real property in the City of West Covina, and all interests in real property within the jurisdiction.. 7 - Persons in this category must disclose all investments and business positions in and income, including gifts, loans, and travel payments, from a) all business entities or individuals engaged in the provision of auditing and accounting services, b) financial institutions including, but not limited to, banks, savings and loan associations, and credit unions, and c) entities or persons who have filed a claim, or have a claim pending against the City of West Covina. 8 - Persons in this category must disclose all investments and business positions in and income, including gifts, loans, and travel payments, from all business entities or individuals engaged in the provision of personnel management services, supplies, materials or equipment. 9 - Persons in this category must disclose all investments and business positions in and inCome, including gifts, loans, and travel payments, from all business entities or individuals engagzed . in waste management activities, recycling, and environmental . related businesses. Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the 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.