HomeMy WebLinkAboutD-3 Staff Report - Conflict of Interest Code 2022SCHEDULED ITEM
D-3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: ADRIAN GARCIA, MMC, CHIEF DEPUTY CITY CLERK
DATE: DECEMBER 5, 2022
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”), staff conducted a review of the City’s Conflict of Interest
Code (“Code”) to determine if a change in the Code was 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. 2022-C83 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.
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.
APPROVED
CITY COUNCIL
12/5/2022
Conflict of Interest Code
December 5, 2022
Page 2
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. 2022-C83
2) 2022 Amendment of Conflict of Interest Code
3) 2022 Amendment of Conflict of Interest Code - redlined
4) Notice of Intention to Amend the Conflict of Interest Code
1
RESOLUTION NO. 2022-C83
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 2, 2020, 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 5, 2022, 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;
Attachment 1
2
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 5th day of December, 2022.
____________________________________
Robert Gonzales
Mayor
ATTEST:
____________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2022-C83 was duly adopted by the
City Council of the City of Azusa, at a regular meeting of said City Council held on the 5th day of
December 2022, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
___________________________________
Best Best & Krieger, LLP
City Attorney
-1-
CONFLICT OF INTEREST CODE FOR THE
CITY OF AZUSA
(Amended December 5, 2022)
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.)
Attachment 2
App. A-1-
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF AZUSA
(Amended December 5, 2022)
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-2-
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 General Manager, Customer Care & Solutions 5
Assistant Director, Economic & Community Development 1, 2
Assistant General Manager, Electric Operations 2, 3, 5, 8
Assistant Director of Public Works 2, 3, 5, 6, 8
Assistant Director of Information Technology 5
Assistant General Manager, Resource Management 5
Assistant General Manager, 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 and Revenue Manager 5
Building Inspector I/II 5, 6
DESIGNATED POSITIONS’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
App. A-3-
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 Inspector, Sr. 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, Information Technology/Library Services 5
Director, Public Works/City Engineer 2, 3, 5
General Manager 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-
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 -Supervisor 5
Family Services Manager 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
DESIGNATED POSITIONS’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
App. A-5-
Power Resources Coordinator 5
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 Superintendent – Parks and Facilities 2, 3, 5, 8
Public Works Supervisor 2, 3, 5, 8
Recreation Coordinator 5
Recreation Superintendent – Programs & Services 5
Recreation Supervisor 5
Revenue Supervisor 5, 6
Senior Accountant 5
Senior GIS Analyst 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
DESIGNATED POSITIONS’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
App. A-6-
Street Maintenance Crew Supervisor 5
Transit Supervisor 1, 2
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 Treatment 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:
DESIGNATED POSITIONS’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
App. A-7-
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 – September 2020
45635.01000\33173994.3
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 – September 2020
45635.01000\33173994.3
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.
Attachment 3
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 5, 2022 at 7:30 p.m. at the Azusa Auditorium, 213 East Foothill Boulevard,
Azusa, California. Any interested person may 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 5, 2022 at 7:30 p.m.
Copies of the proposed amended Code may be obtained from the office of
the City Clerk during regular business hours.
Attachment 4