HomeMy WebLinkAboutResolution No. 12-C84RESOLUTION NO. 12-C84
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, APPROVING AND ADOPTING AN
AMENDED CONFLICT OF INTEREST CODE PURSUANT
TO THE POLITICAL REFORM ACT OF 1974
WHEREAS, 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 6, 2010, 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
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 Code was provided to each affected designated
employee and was publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Code at a regular
meeting of the City Council on November 19, 2012, at which all present were given an opportunity
to be heard on the proposed amended Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES FIND AND DECLARE THAT:
SECTION 1. Approval and Adoption of Amended Conflict of Interest Code. The
City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy
of which is attached hereto and shall be on file with the City Clerk and available to the public for
inspection and copying during regular business hours;
SECTION 2. Effective Date. The said amended Conflict of Interest Code shall
become effective thirty (30) days after the date of its adoption and approval on December 19, 2012.
45635.01000\7633809.1
PASSED, APPROVED AND ADOPTED this 19'' day of November, 2012.
seph R. Rocha, Mayor
45635.01000\7633809.1
STATE OF CALIFORNIA
SS.
COUNTY OF LOS ANGELES
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing
Resolution is the actual resolution duly and regularly adopted at a regular meeting of the City
Council on the 19'' day of November, 2012, by the following vote, to wit:
AYES: COUNCILMEMBERS: CARRILLO, GONZALES, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAINED: COUNCILMEMBERS: NONE
Vera Mendoza, City Cle
City of Azusa, California
APPROVED AS TO FORM:
Marro A. Martinez, I
ity Attrney
45635.01000\7633809.1
LAW OFFICES OF
BEST BEST & KRIEGER LLP
CONFLICT OF INTEREST CODE FOR THE
CITY OF AZUSA
(Amended November 19, 2012)
The Political Reform Act (Gov. Code § 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 Cal. Code of Regs. §
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
Regulation 18730 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
incorporation page, Regulation 18730 and the attached Appendix designating positions
and establishing disclosure categories, shall constitute the conflict of interest code of
the City of Azusa (the "City").
All officials and designated positions required to submit a statement of
economic interests shall file their statements with the City Clerk as the City's Filing
Officer. The City Clerk shall make and retain a copy of all statements filed by Mayor,
Members of the City Council and Planning Commission, the City Manager, the City
Attorney, the City Treasurer, and forward the originals of such statements to the Fair
Political Practices Commission. The City Clerk shall retain the originals of the
statements filed by all other officials and designated positions and will make all retained
statements available for public inspection and reproduction during regular business
hours. (Gov. Code § 81008.)
1- BBK — October 2012
45635.01000\7591723.3
LAW OFFICES OF
BEST BEST S KRIEGER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF AZUSA
(Amended November 19, 2012)
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 must file disclosure statements under Government Code
section 87200 et 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 investments.' These positions are listed here " for
informational purposes only.
Director of Finance
Financial Consultant
' Individuals holding one of the above -listed positions may contact the Fair Political Practices
Commission for assistance or written advice regarding their filing obligations if they believe that
their position has been categorized incorrectly. The Fair Political Practices Commission makes
the final determination whether a position is covered by § 87200.
App. A-1- BBK—October 2012
45635.01 000\7591723.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS'
TITLE OR FUNCTION
Administrative Analyst
Adult Education and Literacy Services Coordinator
Assistant City Clerk
Assistant City Manager
Assistant Director, Community Development
Assistant Director, Customer Care & Solutions
DISCLOSURE CATEGORIES
ASSIGNED
Assistant Director, Economic & Community Development
Assistant Director, Electric Operations
Assistant Director of Public Works/City Engineer
Assistant Director, Resource Management
Assistant Director, Water Operations
Assistant Library Director
Assistant to the Director, Utilities/Principal
Policy and Budget Analyst
Assistant Planner
Associate Planner
Budget Analyst
Building Inspector
Building Official
45635.01000\7591723.3
5
5
5
1,2
1,2
5
1,2
2,3,5
2, 3, 5, 6
5
2,3,5
5
2, 3,5
2, 3, 5, 6
2, 3, 5, 6
5
5.6
2, 3, 5, 6
App. A-2- BBK — October 2012
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Business Development/Public Benefit Program Coordinator 1,2
Buyer 4
Chief of Police 5,6
City Attorney (not filing under Gov Code 87200) 1,2
City Clerk 5
Community Improvement Inspector 5,6
Community Improvement Supervisor 1
Controller 1
Customer Care Operations Supervisor 5
Director, Economic and Community Development 1,2
Director, Human Resources/Personnel Officer 5
Director, Information Technology 5
Director, Library/Community Services
1,2
Director, Public Works/Assistant City Manager
1,2
Director, Recreation and Family Services
2, 3,5
Director, Utilities
2, 3, 5, 6
Electric Distribution Supervisor
5
Electrical Engineer (ALL)
2, 3, 5
Emergency Services Coordinator
5
Engineering Assistant
2, 3, 5, 6
Engineering Associate
2, 3, 5, 6
App. A-3- BBK — October 2012
45635.0100017591723.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Equipment Mechanic Supervisor 5
Field Service Supervisor 5
Human Resources/Risk Management Analyst 5
Information Systems Manager 5
Information Technology (IT) Analyst 5
Librarian 5
Management Analyst — Public Works 5
Police Administrative Services Manager 5
Police Captain 5,6
Police Communications Supervisor 5
Power Resources Coordinator 5
Principle Civil Engineer 2, 3, 5, 6
Public Information Officer 5
Public Works Inspector
3,6
Public Works Supervisor
2, 3, 5
Recreation Coordinator
5
Recreation Superintendent — Operations & Parks
2,5
Recreation Superintendent — Programs & Services
5
Recreation Supervisor
5
Revenue Supervisor
5,6
Senior Accountant
5
App. A-4- BBK— October 2012
45635. 01 000\7591 7 2 3.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Senior Information Technology Analyst
5
Senior Librarian
5
Senior Management Analyst
5
Senior Planner
2, 3, 5, 6
Storekeeper
4
Urban Forester
5
Water Distribution Supervisor
5
Water Production Supervisor
5
MEMBERS OF BOARDS
COMMISSIONS AND COMMITTEES
Architectural Barriers Commission
2, 3, 5,6
Cultural & Historic Preservation Commission
2, 3, 5
Library Commission
2, 3, 5
Oversight Board of Successor Agency
1,2
Parks & Recreation Commission
2, 3, 5
Personnel Board
5
Successor Agency
1,2
App. A-5- BBK— October 2012
45635.0100017591723.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS'
TITLE OR FUNCTION
Consultants and New Positions2
DISCLOSURE CATEGORIES
ASSIGNED
Individuals serving as a consultant as defined in FPPC Reg 18701 or in a new position created
since this Code was last approved that makes or participates in making decisions must file under
the broadest disclosure category set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is
more appropriate to assign a limited disclosure requirement. A clear explanation of the duties
and a statement of the extent of the disclosure requirements must be in a written document.
(Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). 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. (Gov. Code Sec. 81008.)
App. A-6- BBK — October 2012
45635.01 000\7591723.3
LAW OFFICES OF
BEST BEST is KRIEGER LLP
EXHIBIT "B"
DISCLOSURE CATEGORIES
The disclosure categories listed, below identify the types of economic
interests that the designate position must disclose for each disclosure category to
which he or she is assigned .3
Category 1: All investments and business positions in business entities,
and sources of income, including gifts, loans and travel payments, 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 business entities,
and sources of income, including gifts, loans and travel payments, 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 business entities,
and sources of income, including gifts, loans and travel payments, that provide services,
products, materials, machinery, vehicles or equipment of a type purchased or leased by
the City.
Category 5: All investments and business positions in business entities,
and sources of income, including gifts, loans and travel payments, that provide services,
products, materials, machinery, vehicles or equipment of a type purchased or leased by
the designated position's department, unit or division.
Category 6: All investments and business positions in business entities,
and sources of income, including gifts, loans and travel payments, subject to the
regulatory, permit, or licensing authority of the designated position's department, unit or
division.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency's
jurisdiction if the source does not have some connection with or bearing upon the functions or
duties of the position. (Reg. 18730.1)
App. B-1- BBK—October 2012
45635.01 000\7591723.3