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HomeMy WebLinkAboutResolution No. 08-C113RESOLUTION NO. 08-C113 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED APPENDIX TO THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, the Legislature of the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Azusa (the "City"), and which requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code") which was amended on December 18, 2006, in compliance with the Act.; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Appendix to the City's Code; and WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Appendix was provided to each affected designated employee and was publicly posted for review; and WHEREAS, a public meeting was held upon the proposed amended Appendix at a regular meeting of the City Council on December 15, 2008, at which all present were given an opportunity to be heard on the proposed amended Appendix. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: SECTION 1. Approval and Adoption of Amended Appendix of the Conflict of Interest Code. The City Council does hereby approve and adopt the proposed amended Appendix to the City's Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk together with the City's Conflict of Interest Code, and available to the public for inspection and copying during regular business hours; R V PUB\D V ALD FZ\756101.1 SECTION 2. Effective Date. The said amended Appendix of the Conflict of Interest Code shall become effective thirty (30) days after the date of its adoption and approval on January 14, 2009. PASSED, APPROVED AND ADOPTED this 15t' day of December, 2008. ATTEST: Vera Mendoza, City Clerk STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES 6 oseph R. Rocha, Mayor I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Resolution No. 08 -Cl 13, is the actual resolution duly and regularly adopted at a regular meeting of the City Council on the 15i° day of December, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAINED: COUNCILMEMBERS: NONE Vera Mendoza, City Cle APPROVED AS TO FORM: City Attorney R V PUBIDV ALDEZV 56101.1 LAW OFFICES OF • BEST BEST & KRIEGER APPENDIX • CONFLICT OF INTEREST CODE OF THE CITY OF AZUSA (Amended December 15, 2008) EXHIBIT "A" The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18701(b), are NOT subject to the City's Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 at seq.). [Regs. § 18730(b)(3)] OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the positions listed below are Other City Officials who manage public investments3. These positions are listed here for informational purposes only. Director. Administrative Services/Chief Financial Officer Financial Consultant 3 Individuals holding one of the above -listed positions may contact the FPPC for assistance or written advice .regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by § 87200. -20- BBK —December 2008 RVPUBOVALDEW56070.3 LAW OFFICES OF • BEST BEST & KRIEGER E DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED EMPLOYEES' TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED Administrative Analyst 6 Adult Education and Literacy Services Coordinator 6 Assistant City Clerk 6 Assistant City Librarian 6 Assistant City Manager 1,2 Assistant Director, Community Development 1,2 Assistant Director, Customer Care & Solutions 6 Assistant Director, Economic Development/Redevelopment 1,2 Assistant Director, Electric Operations 2, 3, 6 Assistant Director, Finance 1,2 Assistant Director of Public Works/City Engineer 2, 3, 6, 7 Assistant Director, Resource Management 6 Assistant to the Director, Utilities/Principal Policy and Budget Analyst 2, 3, 6 Assistant Director, Water Operations 2, 3, 6 Assistant Planner 2, 3, 6, 7 Associate Planner 2, 3, 6, 7 Budget Analyst 6 Building Inspector 6,7 Building Official 2, 3, 6, 7 -21- BBK — December 2008 RVP U BID VALD EZ\756070.3 LAW OFFICES OF BEST BEST & KRIEGER DESIGNATED EMPLOYEES' TITLE OR FUNCTION • DISCLOSURE CATEGORIES ASSIGNED Business Development/Public Benefit Program Coordinator 1,2 Buyer 5 Chief Information Officer 6 Chief of Police 6,7 City Attorney (not filing under Gov Code 87200) 1,2 City Clerk 6 Community Improvement Inspector 6,7 Community Improvement Manager 6,7 Community Improvement Supervisor 1 Controller 1 Customer Care Operations Supervisor 6 Deputy Building Official 2, 3, 6, 7 Deputy City Clerk 6 Director, Economic and Community Development 1,2 Director, Human Resources/Personnel Officer 6 Director, Information Technology 6 Director, Library/Community Services 1,2 Director, Park Planning and Development 1,2 Director, Public Works 1,2 Director, Recreation and Family Service 2, 3, 6 Director, Redevelopment 1,2 -22- BBK — December 2008 R V PUMD VALDEZ1756070.3 LAW OFFICES OF • • BEST BEST & KRIEGER DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Director, Utilities 2, 3, 6, 7 Economic Development Specialist 2, 3, 6 Electric Distribution Supervisor 6 Emergency Services Coordinator 6 Engineering Assistant 2, 3, 6, 7 Engineering Associate 2, 3, 6, 7 Engineering. Technician 7 Equipment Mechanic Supervisor 6 Facilities Maintenance Supervisor 6 Field Service Supervisor 6 Geographical Information Systems Technician 6 Grant Compliance Officer 6 Human Resources/Risk Management Analyst 6 Information Systems Manager 6 Information Technology (IT) Analyst 6 Librarian 6 Management Analyst — Public Works 6 Network Administrator 6 Parks Maintenance Supervisor 6 Park Superintendent 6 Police Administrative Services Manager 6 -23- BBK — December 2008 RVP U B\DVALD EZ\756070.3 LAW OFFICES OF • BEST BEST & KRIEGER DESIGNATED EMPLOYEES' TITLE OR FUNCTION Police Captain Police Communications Supervisor Power Resources Coordinator Programmer/Analyst Public Benefits Program Coordinator Public Information Officer Public Works Superintendent • DISCLOSURE CATEGORIES ASSIGNED Purchasing Officer Recreation Coordinator Recreation Superintendent Recreation Supervisor Redevelopment Project Manager Revenue Supervisor Risk Management Coordinator/Human Resources Specialist Senior Accountant Senior Electrical Engineer Senior Information Technology Analyst Senior Librarian Senior Management Analyst Senior Planner Senior Plans Examiner -24- RVPU B\DVALDEZ\756070.3 6, 7 6 6 6 6 6 2, 3, 6 5 6 6 6 1,2 6,7 2, 3, 6, 7 2, 3, 6, 7 BBK — December 2008 LAW OFFICES OF • • BEST BEST & KRIEGER DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Senior Policy Analyst/Assistant to Director of Utilities 2, 3, 6 Senior Programmer/Analyst 6 Senior Services Manager 6 Storekeeper 5 Street Maintenance Supervisor 6 Transportation Manager 6 Urban Forester 6 Utilities Financial Analyst 2,6 Water Production Supervisor 6 Water Utility Supervisor 6 -25- BBK — December 2008 RVPU B\D VALDEZ\756070.3 LAW OFFICES OF • BEST BEST & KRIEGER DESIGNATED EMPLOYEES' TITLE OR FUNCTION MEMBERS OF BOARDS COMMISSIONS AND COMMITTEES Architectural Barriers Commission Cultural & Historic Preservation Commission Library Commission Parks & Recreation Commission Personnel Board Consultant4 • DISCLOSURE CATEGORIES ASSIGNED 2, 3, 6, 7 2, 3, 6 2, 3, 6 2, 3, 6 6 Consultants shall be included in the list of Designated Employees and shall disclose pursuant to the broadest disclosure category in this 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 are 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 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. -26- RVPU B\DVALDEZ\756070.3 BBK — December 2008 LAW OFFICES OF • • BEST BEST & KRIEGER EXHIBIT "B" DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of investments, business entities, sources of income, including gifts, loans and travel payments, or real property which the Designated Employee must disclose for each disclosure category to which he or she is assigned. Category 1: All investments and business positions in business entities, and sources of income, that are located in, do business in, or own real property within the jurisdiction of the City. Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City. Category 3: All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City. Category 4: All investments and business positions in, and sources of income from, business entities that are banking, savings and loan, or other financial institutions. Category 5: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City. Category 6: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee's Department. Category 7: All investments and business positions in, and sources of income from, business entities subject to the regulatory, permit, or licensing authority of the Designated Employee's Department. -27- BBK — December 2008 R V P U BID VAL D EZ1756070.3