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HomeMy WebLinkAboutD-1 Conflict of Interest Code 2016SCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: JEFFREY L. CORNEJO, CITY CLERK ADRIAN GARCIA, CHIEF DEPUTY CITY CLERK DATE: NOVEMBER 7, 2016 SUBJECT: ADOPT RESOLUTION NO. 2016-C73 APPROVING AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 SUMMARY: Pursuant to the Political Reform Act (the “Act”), the City Council directed Staff to: (1) conduct a review of the City’s Conflict of Interest Code (“Code”) to determine if a change in the Code was necessary; (2) file a biennial notice regarding the results of the review no later than the required deadline, and (3) amend the City’s Code pursuant to the Act, if necessary. During the review process, Staff found that updates and amendments to the City’s Conflict of Interest Code are necessary. A redlined version of the proposed amended Code is attached. The proposed action adopts Resolution No. 2016-C73 approving the amended Conflict of Interest Code. RECOMMENDATION: Staff recommends that the City Council take the following action: 1) Adopt Resolution No. 2016-C73 approving the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. DISCUSSION: The Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), requires all public agencies to adopt and maintain a Conflict of Interest Code. The Act further requires that agencies regularly review and update their Codes as necessary when directed by the code-reviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). As the City’s code-reviewing body, the City Council directed that the Code be reviewed as required under the Act. During this review, Staff determined that amendments to the Code are necessary. APPROVED COUNCIL MEETING 11/7/2016 Conflict of Interest Code November 7, 2016 Page 2 Attached is a legislative (redlined) version of the proposed amended Code. The proposed revisions are based on the establishment and recognition of new positions that must be designated, to revise the titles of existing positions, to delete titles of positions that have been abolished, to revise disclosure categories, and to update Fair Political Practices Commission regulations and definitional language. FISCAL IMPACT: There is no fiscal impact associated with the recommended action. . Prepared by: Reviewed and Approved: Adrian Garcia, CMC Jeffrey Lawrence Cornejo, Jr. Chief Deputy City Clerk City Clerk Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Troy L. Butzlaff, ICMA-CM Management Analyst City Manager Attachments: 1) Resolution No. 2016-C73 2) 2016 Amendment of Conflict of Interest Code 3) 2016 Amendment of Conflict of Interest Code - redlined 4) Notice of Intention to Amend the Conflict of Interest Code 45635.01000\29270510.1 1 RESOLUTION 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. 45635.01000\29270510.1 2 PASSED, APPROVED AND ADOPTED this 7th day of November, 2016. ______________________________ Mayor, City of Azusa, California ATTEST: ______________________________ City Clerk, City of Azusa, California 45635.01000\29270510.1 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, _________________, 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 7th day of November, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ___________________________________ City Clerk City of Azusa, California APPROVED AS TO FORM: _____________________________ City Attorney -1- BBK – October 2016 45635.01000\29270313.2 LAW OFFICES OF BEST BEST & 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.) App. A-1- BBK – October 2016 45635.01000\29270313.2 LAW OFFICES OF BEST 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.1 These positions are listed here for informational purposes only. Director of Finance Investment Consultant 1 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-2- BBK – October 2016 45635.01000\29270313.2 LAW OFFICES OF BEST BEST & DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED Administrative Analyst 5 Adult Education and Literacy Services Coordinator 5 Assistant Chief Deputy City Clerk 5 Assistant City Manager 1, 2 Assistant Director, Community Development 1, 2 Assistant Director, Customer Care & Solutions 5 Assistant Director, Economic & Community Development 1, 2 Assistant Director, Electric Operations 2, 3, 5 Assistant Director, Finance 1, 2 Assistant Director of Public Works 2, 3, 5, 6 Assistant Director, Resource Management 5 Assistant Director, Water Operations 2, 3, 5 Assistant Library Director 5 Assistant to the Director, Utilities/Principal Policy and Budget Analyst 2, 3, 5 Assistant Planner 2, 3, 5, 6 Associate Planner 2, 3, 5, 6 Budget Analyst 5 DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED App. A-3- BBK – October 2016 45635.01000\29270313.2 LAW OFFICES OF BEST BEST & 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 DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED App. A-4- BBK – October 2016 45635.01000\29270313.2 LAW OFFICES OF BEST BEST & Emergency Services Coordinator 5 Engineering Assistant 2, 3, 5, 6 Engineering Associate 2, 3, 5, 6 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 Library Services Manager 5 Management Analyst – Administration 5, 7 Management Analyst – Public Works 5 Police Administrative Services Manager 5 Police Captain 5, 6 Police Communications Supervisor 5 Power Resources Coordinator 5 Principal Civil Engineer 2, 3, 5, 6 Public Information Officer 5 Public Works Inspector 3, 6 Public Works Supervisor 2, 3, 5 Recreation Coordinator 5 DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED App. A-5- BBK – October 2016 45635.01000\29270313.2 LAW OFFICES OF BEST BEST & 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 DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED App. A-6- BBK – October 2016 45635.01000\29270313.2 LAW OFFICES OF BEST BEST & Oversight Board of Successor Agency 1, 2 Parks & Recreation Commission 2, 3, 5 Personnel Board 5 Successor Agency 1, 2 Consultants and New Positions2 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.) App. B-1- BBK – October 2016 45635.01000\29270313.2 LAW OFFICES OF BEST BEST & 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) LAW OFFICES OF BEST BEST & KRIEGER LLP 45635.01000\29270313.1 LEGISLATIVE VERSION (SHOWS CHANGES MADE) CONFLICT OF INTEREST CODE FOR THE CITY OF AZUSA (Amended November 3, 2014November 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.) -1- BBK – October 20142016 LAW OFFICES OF BEST BEST & KRIEGER LLP App. A-2- BBK – October 20142016 45635.01000\29270313.1 APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF AZUSA (Amended November 19, 2012November 7, 2016) PAR T “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)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.1 These positions are listed here for informational purposes only. Director of Finance Financial Investment Consultant 1 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. LAW OFFICES OF BEST BEST & KRIEGER LLP App. A-2- BBK – October 20142016 45635.01000\29270313.1 DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED Administrative Analyst 5 Adult Education and Literacy Services Coordinator 5 Assistant Chief Deputy City Clerk 5 Assistant City Manager 1, 2 Assistant Director, Community Development 1, 2 Assistant Director, Customer Care & Solutions 5 Assistant Director, Economic & Community Development 1, 2 Assistant Director, Electric Operations 2, 3, 5 Assistant Director, Finance 1, 2 Assistant Director of Public Works/City Engineer 2, 3, 5, 6 Assistant Director, Resource Management 5 Assistant Director, Water Operations 2, 3, 5 Assistant Library Director 5 Assistant to the Director, Utilities/Principal Policy and Budget Analyst 2, 3, 5 Assistant Planner 2, 3, 5, 6 Associate Planner 2, 3, 5, 6 Budget Analyst 5 Building Inspector 5, 6 LAW OFFICES OF BEST BEST & KRIEGER LLP App. A-3- BBK – October 20142016 45635.01000\29270313.1 DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED Building Official 2, 3, 5, 6 Buyer 4 Chief of Police 5, 6 City Attorney (not filing under Gov Code 87200) 1, 2 City Clerk 5 Chief Deputy City Clerk (from reorganization) 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, Library/Community Services 5 Director, Public Works/City Engineer 2, 3, 5 Director, Recreation and & 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 App. A-4- BBK – October 20142016 45635.01000\29270313.1 LAW OFFICES OF BEST BEST & KRIEGER LLP Emergency Services Coordinator 5 Engineering Assistant 2, 3, 5, 6 Engineering Associate 2, 3, 5, 6 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 Library Services Manager 5 Management Analyst – Administration 5, 7 Management Analyst – Public Works 5 Police Administrative Services Manager 5 Police Captain 5, 6 Police Communications Supervisor 5 Power Resources Coordinator 5 Principal Civil Engineer 2, 3, 5, 6 Public Information Officer 5 Public Works Inspector 3, 6 Public Works Supervisor 2, 3, 5 Recreation Coordinator 5 App. A-5- BBK – October 20142016 45635.01000\29270313.1 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES 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 App. A-6- BBK – October 20142016 45635.01000\29270313.1 LAW OFFICES OF BEST BEST & KRIEGER LLP Oversight Board of Successor Agency 1, 2 Parks & Recreation Commission 2, 3, 5 Personnel Board 5 Successor Agency 1, 2 Consultants and New Positions2 2 Individuals serving as a consultant as defined in FPPC Reg 18701 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.) App. A-7- BBK – October 20142016 45635.01000\29270313.1 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED PAR T “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 Such economic interests”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) App. B-1- BBK – October 20142016