Resolution - 2014-41RESOLUTION NO.2014-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST
CODE FOR THE WEST COVINA COMMUNITY DEVELOPMENT
COMMISSION
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 Community Development Commission is a local agency as
defined by the Political Reform Act, as found in Government Code Section 81000 et seq., and
it's Code reviewing body is the City of West Covina City Council; 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, Political Reform Act, Government Code Section 87306.5 requires every
government agency to conduct biennial reviews of their Code; and
WHEREAS, the City Council last amended the West Covina Community Development
Commission's Conflict of Interest Code in November of 2012 with the adoption of Resolution
No. 2012-80.
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
West Covina Community Development Commission. (Exhibit 1)
SECTION 2. This resolution supersedes any previous resolution which adopted a
Conflict of Interest Code for designated employees in the West Covina Community
Development Commission.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution.
APPROVED AND ADOPTED on this 16" day of September, 2014
ATTEST: Mayor Pro Term FredWk Sykes
�A� 441 allvt.
Ci Clerk Ni olas S. Lewis
Resolution No. 2014-41
Page 2
I, NICKOLAS S. LEWIS, 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 16th day of September, 2014, by the
following vote of the City Council:
AYES: Spence, Toma, Warshaw, Sykes
NOES: None
ABSENT: Herfert
ABSTAIN: None
"_. • • �• • ',V
City Attorne Kimberly Hall Barlow
lJ49t,w
ity Clerk Nickolas S. Lewis
2
Exhibit 1
CONFLICT OF INTEREST CODE
CITY OF WEST COVINA COMMUNITY DEVELOPMENT COMMISSION
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 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 Community Development Commission.
The herein Conflict of Interest Code of the City of West Covina Community
Development Commission, so adopted by Resolution No. 2014-41 amends and replaces any
Conflict of Interest Code of the City of West Covina as it related to the Community
Development Commission, 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
interests with the City Clerk, who shall be and will perform the duties of filing officer for the
Community Development Commission. 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
COMMUNITY DEVELOPMENT COMMISSION
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
Communitv Development Commission
DISCLOSURE CATEGORY
Community Development Commission Director 1
Assistant City Manager/Community Development Commission Director 1
Community Development Commission Assistant Director 1
Community Development Commission Senior Project Manager 6
Community Development Commission Project Manager 6
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 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.
ARTICLE II FILERS
Government Code § 87200 et seq. [Regs. § 18730(b)(3)]
The City Council/Community Development Commissioners, City Manager/Executive Director,
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.
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 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.