HomeMy WebLinkAboutResolution No. 2016-C73RESOLUTION NO. 2016-C73
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 November 3, 2014, 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 7, 2016, 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 immediately upon its adoption and approval on November 7, 2016.
PASSED, APPROVED and ADOPTED this 7t' day of November 2016.
45635.01000129270510.1
Joseph ym&ro ocha
Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2016-C73 was duly adopted by
the City Council of the City of Azusa at a regular meeting thereof, held on the 7t day of
November 2016, by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED AS TO FORM:
Best, B �st & Krieger, LP
City A"omey
45635.0100029270510.1
LAW OFFICES OF
BEST (TEST &
CONFLICT OF INTEREST CODE FOR THE
CITY OF AZUSA
(Amended November 7 2016)
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.)
45635-01 000\29270313.2
1- BBK— October 2016
LAW OFF(CES OF
(TEST BEST &
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF AZUSA
(Amended November 7, 2016)
PART "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. § 18700.3, 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
Investment 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.
45635.01000129270313.2 App. A-1- BBK — October 2016
LAW OFF(CES OF
(TEST BEST &
DESIGNATED POSITIONS '
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS'
TITLE OR FUNCTION
Administrative Analyst
Adult Education and Literacy Services Coordinator
Assistant Chief Deputy 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, Finance
Assistant Director of Public Works
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
5
5
5
1,2
1,2
5
1,2
2,3,5
1,2
2,3,5,6
5
2, 3, 5
5
2,3,5
2,3,5,6
2, 3, 5, 6
5
45635.01 000\29270313.2 App. A-2- BBK — October 2016
LAW OFFICES OF
GEST BEST &
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Building Inspector 5,6
Building Official 2, 3, 5, 6
Buyer 4
Chief Deputy City Clerk 5
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 Manager
1,2
Community Improvement Supervisor
5,6
Controller
1
Customer Care Operations Supervisor
5
Director, Economic and Community Development
1,2
Director, Human Resources/Personnel Officer
5
Director, Information Technology/Library Services
5
Director, Public Works/City Engineer
2, 3, 5
Director, Recreation & Family Services
2, 3, 5
Director, Utilities
2, 3, 5, 6
Economic Development Specialist
1
Electric Distribution Supervisor
5
Electrical Engineer (ALL)
2, 3, 5
45635.01 00M29270313.2 App. A-3- BBK— October 2016
LAW OFFICES OF
BEST (TEST &
DESIGNATED POSITIONS'
TITLE OR FUNCTION
Emergency Services Coordinator
Engineering Assistant
Engineering Associate
Equipment Mechanic Supervisor
Field Service Supervisor
Human Resources/Risk Management Analyst
Information Systems Manager '
Information Technology (IT) Analyst
Librarian
Library Services Manager
Management Analyst — Administration
Management Analyst — Public Works
Police Administrative Services Manager
Police Captain
Police Communications Supervisor
Power Resources Coordinator
Principal Civil Engineer
Public Information Officer
Public Works Inspector
Public Works Supervisor
Recreation Coordinator
DISCLOSURE CATEGORIES
ASSIGNED
5
2, 3, 5, 6
2, 3, 5, 6
5
5
5
5
5
5
5
5,7
5
5
5,6
5
5
2, 3, 5, 6
5
3,6
2, 3, 5
5
45635.01 00 012 92 7031 32 App. A-4- BBK— October 2016
LAW OFFICES OF
[TEST (TEST &
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Recreation Superintendent — Operations & Parks
2,5
Recreation Superintendent — Programs & Services
5
Recreation Supervisor
5
Revenue Supervisor
5,6
Senior Accountant
5
Senior Information Technology Analyst
5
Senior Librarian
5
Senior Management Analyst
5
Senior Planner
2, 3, 5, 6
Storekeeper
4
Urban Forester
5
Utilities Administrative & Financial Services Manager
5
Utilities Communications & Environmental Programs Specialist
5
Utility Programs Specialist
1,2
Water Distribution Supervisor
5
Water Production Supervisor
5
Water System Engineer
2, 3, 5, 6
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
45635.01000129270313.2 App. A-5- BBK — October 2016
LAW OFFICES OF
GEST BEST &
DESIGNATED POSITIONS'
TITLE OR FUNCTION
Oversight Board of Successor Agency
Parks & Recreation Commission
Personnel Board
Successor Agency
Consultants and New Position S2
DISCLOSURE CATEGORIES
ASSIGNED
1,2
2, 3, 5
1,2
Individuals serving as a consultant as defined in FPPC Reg 18700.3 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.)
45635.0 1 000\2927031 3.2 App. A-6- BBK — October 2016
LAW OFFICES OF
Q CCT Q C- ^T O_
PART "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic
interests that the designated position must disclose for each disclosure category to
which he or she is assigned .3 "Investment" means financial interest in any business
entity (including a consulting business or other independent contracting business) and
are reportable if they are either located in or doing business in the jurisdiction, are
planning to do business in the jurisdiction, or have done business during the previous
two years in the jurisdiction of the City.
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.
Category 7: All investments and business positions in business entities,
and sources of income, including gifts, loans and travel payments, or income from a
nonprofit or other organization, if the source is of the type to receive grants or other
monies from or through the City or its subdivisions.
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)
45635.01000129270313.2 App' B-1 BBK—October 2016