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Resolution - 2006-88RESOLUTION NO.2006-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA. ADOPTING A CONFLICT OF INTEREST CODE FOR THE WEST COVINA PUBLIC FINANCING AUTHORITY 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 West Covina Public Financing Authority is a local agency as defined by the Political Reform Act, as found in Government Code Section 81000 et seq.; and WHEREAS, it is appropriate and necessary for the West Covina Public Financing Authority to have its own and separate Conflict of Interest Code; 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 require every government agency to conduct biennial reviews of their Code. 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 City Council of the City of West Covina hereby adopts the attached Conflict of Interest Code (Exhibit 1) for the West Covina Public Financing Authority, which incorporates Regulation 2, California Code of Regulations, Section 18730 — The Standardized Conflict of Interest Code, by reference. These provisions along with Appendices A and B constitute the Conflict of Interest Code for the West Covina Public Financing Authority. SECTION 2. This Conflict of Interest Code shall be applicable to specified positions of the West Covina Public Financing Authority listed as Designated Positions set forth in Appendix "A" of the attached Conflict of Interest Code. SECTION 3. This resolution, so adopted amends and replaces any prior West Covina Public Financing Authority Conflict of Interest Code previously in effect. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution. APPROVED AND ADOPTED on this 7`h day of November 2006. '50 )A Ma r Ste rt ATTEST: City Clerk Laurie Carrico Resolution No.2006-88 November 7, 2006 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 7`h day of November, 2006, by the following vote of the City Council: AYES: Hernandez, Lane, Sanderson, Touhey, Herfert .NOES: None ABSENT: None ABSTAIN: None /�� V2j'l�/YICtf✓� 4 City Clerk Laurie Carrico APPROVED AS TO FORM: klo� Z-4 —j Z4'(Z' 1 — City Attorney kn d Alvarez-Glasman 0 • Exhibit 1 CONFLICT OF INTEREST CODE CITY OF WEST COVINA PUBLIC FINANCING AUTHORITY 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 terms 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 Public Financing Authority. The herein Conflict of Interest Code of the City of West Covina Public Financing Authority, so adopted by Resolution No. amends and replaces any Conflict of Interest Code of the City of West Covina as it related to the Public Financing Authority, 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 economic interest with the City Clerk, who shall be and will perform the duties of filing officer for the Public Financing Authority. 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 DESIGNATED POSITIONS A "Designated employee" is an officer, employee, member or consultant of an agency who position is designated in the Code because the position entail 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 Consultants DISCLOSURE CATEGORY 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. Note: The City Council/Members. of the Board, City Manager/Administrator, City Attorney/General Counsel and City Treasurer/Treasurer are not included as "designated positions" as the disclosure obligations for these positions are set forth by Government Code Section 87200, et seq. 1 • APPENDIX B DISCLOSURE CATEGORIES 1 - Persons in this category must disclose all investments and business positions in business entities, sources of income and interests in real property in the City of West Covina. 2 - Persons in this category must disclose all investments and business positions in business entities and income 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 from sources which provide services, supplies, materials, machinery or equipment of the type utilized by the designated employee's department or division. 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. Persons in this category must disclose all investments and business positions in business entities and income from sources which provide services, supplies, materials, machinery or equipment of the type utilized by the City 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 and sources of income, which engage in land development, zoning, construction, sale and/or change in use of real property, and all interests in real property. 7 - Persons in this category must disclose all investments and business positions in and income 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 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 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 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.