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11-17-2020 - AGENDA ITEM 05 CONSIDERATION OF APPROVAL OF AMENDMENTS TO THE CITY OF WEST COVINA’S CONFLICT OF INTEREST CODEAGENDA ITEM NO. 5 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: November 17, 2020 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF APPROVAL OF AMENDMENTS TO THE CITY OF WEST COVINA'S CONFLICT OF INTEREST CODE RECOMMENDATION: It is recommended that the City Council adopt the following resolution: RESOLUTION 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 BACKGROUND: Under the Political Reform Act, all public agencies are required to adopt a Conflict of Interest Code. Besides the terms of the Code, a Conflict of Interest Code designates positions required to file Statements of Economic Interests (Form 700) and assigns disclosure categories specifying the types of interests to be reported. The Form 700 is a public document intended to provide transparency and accountability by providing necessary information to the public about an official's personal financial interests and serving as a reminder to the public official of potential conflicts of interest so the official can abstain from making or participating in governmental decisions that are deemed conflicts of interest. The Political Reform Act requires every local government agency to review its Conflict of Interest Codes biennially to determine if it is accurate and up-to-date and/or if it needs to be amended. The Code reviewing body for city agencies is the City Council; therefore, the City Council is required to approve the Conflict of Interest Code and any amendments for the City, the Community Development Commission, and the Successor Agency to the West Covina Redevelopment Agency. The Codes were last amended in 2018 by Resolutions Nos. 2018-136 (City's Code), 2018-137 (Community Development Commission's Code), and 2018-138 (Successor Agency's Code). This year, staff reviewed the Conflict of Interest Codes for the City, the Community Development Commission and the Successor Agency to the West Covina Redevelopment Agency and determined that only the City's Code requires amendments. 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. DISCUSSION: During this year's review, staff determined that amendments were necessary to Appendix A — Designated Positions of the City's Conflict of Interest Code to reflect positions which have been added, deleted, or undergone a title change. Additions to Appendix A are identified as underscored and italicized in the revised document, which is attached to Exhibit A of the proposed resolution. There are only a few proposed changes. In addition, positions that are unfunded and not filled will remain as designated positions since they remain as approved job classifications in the City. The City of West Covina incorporates the Fair Political Practices Commission's (FPPC) standardized Conflict of Interest Code as terms of the City's Code. The FPPC amends the regulation to include legislative and regulatory changes, therefore ensuring the terms of the body of the Conflict of Interest Codes are in compliance with the Political Reform Act and up to date. Resolution No. 2020-115 adopts the City's amended Conflict of Interest Code and repeals the previous Code. LEGAL REVIEW: The City Attorney's Office has reviewed the proposed resolution and amended Code and approved them as to form. OPTIONS: Biennial review of the Conflict of Interest Codes is required by law. The City Council may add or delete positions or amend disclosure categories. Prepared by: Lisa Sherrick Attachments Attachment No. 1 - Resolution No. 2020-115 Attachment No. 2 - City of West Covina's Conflict of Interest Code Attachment No. 3 - Designated Positions Appendix A Attachment No. 4 - Disclosure Categories Appendix B CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness ATTACHMENT NO.1 RESOLUTION 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 California 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 Conffct oflrterest 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 of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 17th day of November, 2020. Tony Wu Mayor APPROVED AS TO FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the 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: Lisa Sherrick Assistant 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 of the 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 of the 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 immediately upon its approval by the City 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/Community Development Commission Assistant/Deputy City Attorney Assistant City Manager Deputy City Manager Information Technology Manager Management Analyst Community Department Assistant City Engineer 1 Building Official 2 Building Inspector 2 Corns mity Development Commission Director 1 Community Development Director 1 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 Services Superintendent 1 Recreation Services Supervisor 2 Senior Citizens Services Supervisor 2 Corrurrissions/Comrr ittees Human Resources Commission Community and Senior Services Commission Audit Committee West Covina Community Services Foundation Consultants 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 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. [Regs. § 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 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 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 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 e#ent 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.