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Resolution - 2020-115RESOLUTION NO.2020-115 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 Section 81000 et seq.) requires local agencies to adopt conflict of interest codes and to review their adopted codes biennially; and WHEREAS, the Fair Political Practices Commission has adopted California Code of Regulations, Title 2, Section 18730, which contains the terms of a standard Conflict of Interest Code and which can be incorporated by reference by local agencies and 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, to ensure the City of West Covina's Conflict of Interest Code is in conformity with the Political Reform Act, the City has adopted by reference CaUfornia Code of Regulations, Title 2, Section 18730 by resolution and by amending resolutions thereafter; and WHEREAS, the City Council last amended the City of West CoviWs Con6ct ofIrkrest Code in December 2018 with the adoption of Resolution No. 2018-136. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. In compliance with Government Code Section 87300, the City Council of the City of West Covina hereby adopts the Conflict of Interest Code attached hereto as Exhibit A, which adopts by reference the terms of 2 California Code of Regulations Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, together with the attached Appendices A and B, as the City of West Covina's Conflict of Interest Code. SECTION 2. This resolution supersedes any previous resolution which adopted a Conflict of Interest Code for the City of West Covina. SECTION 3. The City Clerk shall certify to the adoption ofthis resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 17th day APPROVED TO FORM Thomas . Du City Attorney ATTEST Lisa S ick Assis City Clerk I, LISA SBERRICK, ASSISTANT CITY CLERK ofthe City of West Covina, California, do hereby certify that the foregoing Resolution No.2020-115 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 17th day of November, 2020, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Castellanos, Johnson, Shewmaker, Lopez-Viado, Wu None None None Lisa S rrick Ass" t City Clerk Exhibit A CONFLICT OF INTEREST CODE CITY OF WEST COVINA SECTION 1. AUTHORITY. This Conflict of Interest Code is adopted pursuant to and in compliance with Section 87300 ofthe California Government Code. SECTION 2. STANDARDIZED CODE ADOPTED. The terms of California Code of Regulations, Title 2, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference. This regulation, together with the attached Appendix "A," in which officials and employees are specified and designated, and Appendix "B," in which disclosure categories are set forth, shall constitute the Conflict of Interest Code ofthe City of West Covina. SECTION 3. STATEMENTS. Individuals holding designated positions shall file statements of economic 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 positions shall file an initial statement within thirty (30) days after the effective date of this Conflict of Interest 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 inmediately upon its approval by the City Council ofthe 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 malting 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 ManaEer's Office/Community Development Commission Assistant/Deputy City Attorney Assistant City Manager Deputy City Manager Information Technology Manager Management Analyst Community Department Assistant City Engineer I Building Official 2 Building Inspector 2 Community Development Commission Director I Community Development Director I Management Analyst 3 Planning Manager 6 Public Works Project Supervisor 3 Finance Department Finance Director Accounting Manager Purchasing Manager Management Analyst Fire Department Fire Chief Assistant Chief Fire Marshal Management Analyst Human Resources Department Human Resources Director Appendix A CITY OF WEST COVINA DESIGNATED POSITIONS Police Department Police Chief Police Captain Police Administrative Services Manager Public Services Community Services Coordinator 2 Equipment Maintenance Supervisor 3 Management Analyst 3 Maintenance Services Supervisor 3 Public Works Supervisor 3 Public Services Manager 3 Public Set -vices Superintendent I Recreation Services Supervisor 2 Senior Citizens Services Supervisor 2 Commissions/Committees Human Resources Commission Community and Senior Services Commission Audit Committee West Covina Community Services Foundation Cons ultants 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 hued to perform a range ofduties 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 ofthe 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. ARTICLE II FILERS Government Code § 87200 et seq. [Begs. § 18730(b)(3)] 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. In addition, Oversight Board Member disclosure obligations are set forth by Oversight Board Resolution OB-0014, not subject to review by the City Council. 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 ofthe 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 engaged 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 filly 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.