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Item 2 - CONSIDERATION OF AMENDMENTS TO THE CITY OF WEST COVINA'S CONFLICT OF INTEREST CODEAGENDA ITEM NO.2 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: December 6, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION 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. 2022-120 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A REVISED 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 2020 by Resolution No. 2020-115. 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 Conflict of Interest Code are in compliance with the Political Reform Act and up to date. Resolution No. 2022-120 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 Conflict of Interest 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, Assistant City Clerk Attachments Attachment No. 1 - Resolution No. 2022-120 Attachment No. 2 - Conflict of Interest Code CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness ATTACHMENT NO. 1 RESOLUTION NO. 2022-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A REVISED CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA WHEREAS, the Political Reform Act (California Government Code Section 81000 et seq.) requires local agencies to adopt conflict of interest codes for positions, other than those specified in Section 87200 of the California Government Code, that involve the making or participation in the making of decisions which may foreseeably have a material financial effect on any financial interest, 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 WHEREAS, the City Council last amended the City of West Covina's Conflict of Interest Code on November 17, 2020 through the adoption of Resolution No. 2020-115; and WHEREAS, the City Council desires to update the City's Conflict of Interest Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. In compliance with California 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. The City Clerk is authorized to make any clerical revisions to the Conflict of Interest Code as may be necessary. SECTION 2. All prior resolutions which adopted a Conflict of Interest Code for the City of West Covina are hereby repealed. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall enter it into the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 6th day of December, 2022. APPROVED AS TO FORM Thomas P. Duarte City Attorney Dario Castellanos Mayor ATTEST Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2022-120 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 6th day of December, 2022, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk EXHIBIT A :K�PIaIlot lKo70Izk94N:MON11� ATTACHMENT NO. 2 CITY OF WEST COVINA CONFLICT OF INTEREST CODE SECTION 1. STANDARDIZED CODE ADOPTED. The Political Reform Act (California Government Code Section 81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of West Covina (City). SECTION 2. STATEMENTS. Individuals holding designated positions shall file their statements of economic interest with the City Clerk, who shall be and will perform the duties of filing officer for the City of West Covina. The City Clerk will make statements available for public inspection and reproduction (California Government Code Section 81008). Upon receipt of statements from individuals holding positions identified in California Government Code Section 87200, the City Clerk shall make and retain copies and forward original statements to the Fair Political Practices Commission. The City Clerk shall retain all other statements. SECTION 3. EFFECTIVE DATE. This Conflict of Interest 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) I Assistant City Clerk 3 Assistant/Deputy City Attorney 1 Assistant City Manager I Deputy City Manager 1 Information Technology Manager I Management Analyst 2 Community Department Assistant City Engineer 1 Building Official 2 Building Inspector 2 Community Development Commission Director 1 Community Development Director 1 Management Analyst 3 Planning Manager 6 Public Works Project Supervisor 3 Finance Department Finance Director 1 Accounting Manager 7 Purchasing Manager 2 Management Analyst 3 Fire Department Fire Chief 2 Assistant Chief 3 Fire Marshal 2 Management Analyst 3 Human Resources Department Human Resources Director 1 1 Appendix A CITY OF WEST COVINA DESIGNATED POSITIONS Police Department Police Chief 1 Police Captain 3 Police Administrative Services Manager 3 Public Services Corrnrnnity 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 Commis sions/Committees Human Resources Commission 1 Corurnuuty and Senior Services Commission 1 Audit Committee 1 West Covina Community Services Foundation 1 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 detemvnation 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 andlocation as this Conflict ofhiterest Code. ARTICLE H 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 2 DISCLOSURE CATEGORIES 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 linuted 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 subjecttothe following Ihnitation: 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.