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HomeMy WebLinkAboutD-1 Staff Report - Conflict of Interest Code 2020SCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ADRIAN GARCIA, MMC, CHIEF DEPUTY CITY CLERK DATE: DECEMBER 7, 2020 SUBJECT: ADOPT RESOLUTION APPROVING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 BACKGROUND: 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 to include new positions required to be designated, revise titles of an existing position, delete positions that no longer exist, include information on e-filing for certain officials and clarify disclosure of real property interests. A redlined version of the proposed amended Code is attached. RECOMMENDATION: Staff recommends that the City Council take the following action: 1)Adopt Resolution No. 2020-C69 approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. ANALYSIS: 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). During this review, staff found that amendments to the Code are necessary. APPROVED CITY COUNCIL 12/7/2020 Conflict of Interest Code December 7, 2020 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 FPPC regulations and definitional language. FISCAL IMPACT: There is no fiscal impact associated with this amendment. Prepared by: Reviewed and Approved: Adrian Garcia, MMC Sergio Gonzalez Chief Deputy City Clerk City Manager Attachments: 1) Resolution No. 2020-C69 2) 2020 Amendment of Conflict of Interest Code 3) 2020 Amendment of Conflict of Interest Code - redlined 4) Notice of Intention to Amend the Conflict of Interest Code RESOLUTION NO. 2020-C69 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 19, 2018, 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 December 7, 2020, 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; 45635.01000\33319353.1 1 Attachment 1 SECTION 2. Effective Date. The said amended Conflict of Interest Code shall become effective immediately upon its adoption and approval. PASSED, APPROVED AND ADOPTED this 7th day of December, 2020. ______________________________ Mayor, City of Azusa, California ATTEST: ______________________________ City Clerk, City of Azusa, California 45635.01000\33319353.1 2 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 December, 2020, 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 45635.01000\33319353.1 LAW OFFICES OF BEST BEST & CONFLICT OF INTEREST CODE FOR THE CITY OF AZUSA (Amended December 7, 2020) The Political Reform Act (the “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”). The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other 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 retain the original 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.) The City Clerk, as Filing Officer, is required to report violations of the Act to the FPPC. Any individual who fails to file a Statement of Economic Interest is subject to fines in accordance with Gov. Code § 91013 and, after being sent at least two written notifications, will be reported to the FPPC in writing no later than 30 days after the date of the second non-filer notification (Gov. Code § 18115). All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) -1-BBK – September 2020 45635.01000\33173994.3 Attachment 2 LAW OFFICES OF BEST BEST & APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF AZUSA (Amended December 7, 2020) 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 Administrative Services 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-1- BBK – September 2020 45635.01000\33173994.3 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, 8 Assistant Director of Public Works 2, 3, 5, 6, 8 Assistant Director, Resource Management 5 Assistant Director, Water Operations 2, 3, 5 Assistant Library Director 5 Assistant to the Director, Utilities/Principal 2, 3, 5 Policy and Budget Analyst Assistant Planner 2, 3, 5, 6 Associate Planner 2, 3, 5, 6 Budget Analyst 5 Building Inspector I/II 5, 6 App. A-2- BBK – September 2020 45635.01000\33173994.3 DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED LAW OFFICES OF BEST BEST & 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 (ALL) 5, 6 Community Improvement Manager 1, 2 Community Improvement Supervisor 5, 6 Controller 1 Customer Care Operations Supervisor 5 Deputy City Manager 1, 2 Director, Community Resources 2, 3, 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, Utilities 2, 3, 5, 6 Economic Development Specialist 1 Electric Distribution Supervisor 5 Electrical Engineer (ALL) 2, 3, 5 App. A-3- BBK – September 2020 45635.01000\33173994.3 DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED LAW OFFICES OF BEST BEST & Emergency Services Coordinator 5 Engineering Assistant 2, 3, 5, 6 Engineering Associate 2, 3, 5, 6 Environmental Programs Manager 5 Equipment Mechanic Supervisor 5 Facilities Maintenance Foreman 5 Field Service Supervisor 5 Finance Manager 4 Human Resources Manager 5 Human Resources/Risk Management Analyst 5 Information Systems Manager 5 Information Technology (IT) Analyst 5 Information Technology Systems & Network Manager 5 Librarian 5 Library Services Manager 5 Management Analyst – Public Works 5 Planning Manager 2, 3, 5, 6 Police Administrative Services Manager (Civilian Position) 5 Police Captain 5, 6 Police Communications Supervisor 5 Power Resources Coordinator 5 App. A-4- BBK – September 2020 45635.01000\33173994.3 DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED LAW OFFICES OF BEST BEST & Principle Civil Engineer 2, 3, 5, 6 Public Information Officer 5 Public Works Inspector 3, 6 Public Works Manager 2, 3, 5 Public Works Superintendent 2, 3, 5, 8 Public Works Supervisor 2, 3, 5, 8 Recreation Coordinator 5 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 Management Analyst – Administration 5, 7 Senior Planner 2, 3, 5, 6 Senior Power Resources Planner 5 Storekeeper 4 Street Maintenance Crew Supervisor 5 Transit Supervisor 1, 2 App. A-5- BBK – September 2020 45635.01000\33173994.3 DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED LAW OFFICES OF BEST BEST & Urban Forester 5 Utilities Administrative & Financial Services Manager 5 Utilities Communications & Environmental Programs Specialist 5 Utility Applications 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 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. A-6- BBK – September 2020 45635.01000\33173994.3 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, including any leasehold, beneficial or ownership interest or option to acquire property. 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 – September 2020 45635.01000\33173994.3 LAW OFFICES OF BEST BEST & Category 8: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, that have filed claims against the District in the past 2 years, or have a claim pending before the District. App. B-2- BBK – September 2020 45635.01000\33173994.3 -1-BBK – October 2018September 2020 45635.01000\33173994.2 LAW OFFICES OF BEST BEST & KRIEGER LLP LEGISLATIVE VERSION (SHOWS CHANGES MADE) CONFLICT OF INTEREST CODE FOR THE CITY OF AZUSA (Amended November 19, 2018December 7, 2020) The Political Reform Act (the “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”). The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other 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.) The City Clerk, as Filing Officer, is required to report violations of the Act to the FPPC. Any individual who fails to file a Statement of Economic Interest is subject to fines in accordance with Gov, Code § 91013 and, after being sent at least two written notifications, will be reported to the FPPC in writing no later than 30 days after the date of the second non-filer notification (Gov. Code § 18115). All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained Attachment 3 -2-BBK – October 2018September 2020 45635.01000\33173994.2 LAW OFFICES OF BEST BEST & KRIEGER LLP for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) App. A-1- BBK – October 2018September 2020 45635.01000\33173994.2 LAW OFFICES OF BEST BEST & KRIEGER LLP APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF AZUSA (Amended November 19, 2018December 7, 2020) 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 FinanceAdministrative Services 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 2018September 2020 45635.01000\33173994.2 LAW OFFICES OF BEST BEST & KRIEGER LLP 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, 8 Assistant Director, Finance 1, 2 Assistant Director of Public Works 2, 3, 5, 6, 8 Assistant Director, Resource Management 5 Assistant Director, Water Operations 2, 3, 5 Assistant Library Director 5 Assistant to the Director, Utilities/Principal 2, 3, 5 Policy and Budget Analyst Assistant Planner 2, 3, 5, 6 Associate Planner 2, 3, 5, 6 Budget Analyst 5 Building Inspector I/II 5, 6 DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED App. A-3- BBK – October 2018September 2020 45635.01000\33173994.2 LAW OFFICES OF BEST BEST & KRIEGER LLP 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 (ALL) 5, 6 Community Improvement Manager 1, 2 Community Improvement Supervisor 5, 6 Controller 1 Customer Care Operations Supervisor 5 Deputy City Manager 1, 2 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 ServicesCommunity Resources 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 2018September 2020 45635.01000\33173994.2 LAW OFFICES OF BEST BEST & KRIEGER LLP Emergency Services Coordinator 5 Engineering Assistant 2, 3, 5, 6 Engineering Associate 2, 3, 5, 6 Environmental Programs Manager 5 Equipment Mechanic Supervisor 5 Facilities Maintenance Foreman 5 Field Service Supervisor 5 Finance Manager 4 Human Resources Manager 5 Human Resources/Risk Management Analyst 5 Information Systems Manager 5 Information Technology (IT) Analyst 5 Information Technology Systems & Network Manager 5 Librarian 5 Library Services Manager 5 Management Analyst – Public Works 5 Planning and Economic Development Manager 2, 3, 5, 6 Police Administrative Services Manager (Civilian Position) 5 Police Captain 5, 6 Police Communications Supervisor 5 Power Resources Coordinator 5 DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED App. A-5- BBK – October 2018September 2020 45635.01000\33173994.2 LAW OFFICES OF BEST BEST & KRIEGER LLP Principle Civil Engineer 2, 3, 5, 6 Public Information Officer 5 Public Works Inspector 3, 6 Public Works Manager 2, 3, 5 Public Works Superintendent 2, 3, 5, 8 Public Works Supervisor 2, 3, 5, 8 Recreation Coordinator 5 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 Management Analyst – Administration 5, 7 Senior Planner 2, 3, 5, 6 Senior Power Resources Planner 5 Storekeeper 4 Street Maintenance Crew Supervisor 5 Transit Supervisor 1, 2 DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED App. A-6- BBK – October 2018September 2020 45635.01000\33173994.2 LAW OFFICES OF BEST BEST & KRIEGER LLP Urban Forester 5 Utilities Administrative & Financial Services Manager 5 Utilities Communications & Environmental Programs Specialist 5 Utility Applications 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 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 2018September 2020 45635.01000\33173994.2 LAW OFFICES OF BEST BEST & KRIEGER LLP 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, including any leasehold, beneficial or ownership interest or option to acquire property. 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-2- BBK – October 2018September 2020 45635.01000\33173994.2 LAW OFFICES OF BEST BEST & KRIEGER LLP Category 8: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, that have filed claims against the District in the past 2 years, or have a claim pending before the District. NOTICE OF INTENTION TO AMEND THE CONFLICT OF INTEREST CODE OF THE CITY OF AZUSA NOTICE IS HEREBY GIVEN that the City of Azusa intends to amend its Conflict of Interest Code (the “Code”) pursuant to Government Code Section 87306. The Appendix of the Code designates those employees, members, officers, and consultants who make or participate in the making of decisions and are subject to the disclosure requirements of the City’s Code. The City’s proposed amendment adds new positions that must be designated, revises titles of existing positions, deletes positions that no longer exist, include provisions for electronic filing by certain filers, and clarifies disclosure requirements for interests in real property. The proposed amended Code will be considered by the City Council on December 7, 2020, at 7:30 p.m. at the Azusa Auditorium, 213 East Foothill Boulevard, Azusa, California. The meeting will be conducted pursuant to the provisions of the Governor’s Executive Order N-29-20 dated March 17, 2020, and will be held electronically only. Any interested person may be present electronically and comment at the public meeting or may submit written comments concerning the proposed amendment. Any comments or inquiries should be directed to the attention of Adrian Garcia, Chief Deputy City Clerk, City of Azusa, 213 East Foothill Boulevard, Azusa, CA 91702-2550; (626) 812-5271. Written comments must be submitted no later than December 7, 2020, at 7:30 p.m. Copies of the proposed amended Code may be obtained from the office of the Chief Deputy City Clerk during regular business hours. 45635.01000\33319455.1 Attachment 4