R 4128RESOLUTION N0.4128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING THE CITY OF ARROYO GRANDE'S CONFLICT OF
INTEREST CODE INCLUDING AN AMENDED APPENDIX OF
DESIGNATED POSITIONS AND APPENDIX OF DISCLOSURE
CATEGORIES
WHEREAS, the Political Reform Act of 1974 (California Government Code Sections 81000
et seq.,) requires that governmental entities in the State of California adopt and promulgate
a Conflict of Interest Code; and
WHEREAS, in 1987 the City of Arroyo Grande adopted a standardized Conflict of Interest
Code, incorporating by reference the terms of Title 2 of the California Code of Regulations,
Sections 18730 et seq., which contain the terms of a Standard Conflict of Interest Code; an
Appendix of Designated Positions listing employees, officials, and consultants wha make or
participate in the making of decisions that may foreseeably have a material effect on their
financial interests, and an Appendix of Disclosure Categories assigned to the Designated
Positions; and
WHEREAS, the Political Reform Act requires every local agency to review its Conflict of
Interest Code biennially to determine if it is accurate and up-to-date or, to make
amendments to the Code when necessitated by changed circumstances; and.
WHEREAS, it is necessary to make the following changes to the Appendix of Designated
Positions in the City's Conflict of Interest Code:
1. Remove the position of Fire Division Chief and add the position of Fire. Battalion
Chief.
2. Remove the position of Senior Advisory Commission Member.
3. Add the position of Information Technology Manager.
WHEREAS, the City Council has determined that the attached Appendices, marked Exhibit
"A° and Exhibit "B°, respectively, both of which are incorporated herein by this reference,
accurately set forth those positions which should be designated and categories of financial
interests which should be disclosed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does hereby approve the amendments to the City's Conflict of Interest Code as follows:
1. The City's "Appendix of Designated Positions° is hereby amended and replaced
in its entirety with Exhibit "A°, attached hereto and incorporated herein by this
reference.
2. The City's "Appendix of Disclosure Categories°, attached hereto as Exhibit "B°
and incorporated herein by this reference, is approved.
RESOLUTION N0.4128
PAGE 2
BE IT FURTHER RESOLVED that the terms of 2 California Code of Regulations Section
18730 et. seq., duly adopted by the Fair Political Practices Commission, are hereby
incorporated by reference and with the attached Appendices shall constitute the Conflict of
Interest Code of the City of Arroyo Grande.
BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 3949
adopted September 12, 2006.
On motion by Council Member Costello, seconded by Council Member Guthrie, and on the
following roll call vote, to wit:
AYES: Council member Costello,
NOES: None
ABSENT: None
Guthrie, Arnold, Fellows, and Mayor Ferrara
The foregoing Resolution was passed and adopted this 9"' day of September, 2008.
RESOLUTION NO. HIoZS
PAGE 3 .
TONY FER AYOR
ATTEST:
KELLY WE'~MOR~, CITY CLERK
APPROVED AS TO CONTENT:
A ,CITY MANAGER
APPROVED AS TO FORM:
TIM HY J. CARMEL, CITY ATTORNEY
CONFLICT OF INTEREST CODE
FOR THE CITY OF ARROYO GRANDE
The Political Reform Act, Government Code Section 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 California Code of
Regulations Section 18730, which 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, it may be amended by the Fair Political Practices Commission to conform
to amendments in the Political Reform Act.
Therefore, the terms of Title 2 of the California Code of Regulations Section 18730 and
any amendments to it duly adopted by the Fair Political Practices Commission are
hereby incorporated by reference, and along with the attached Appendices in which
officials and employees are designated and disclosure categories are set forth,
constitute the conflict of interest code of the City of Arroyo Grande, which is considered
the "agency" within the purview of this code.
Officials and designated employees shall file statements of economic interests with the
City Clerk of the City of Arroyo Grande, who shall be and will perform the duties of filing
officer for the City of Arroyo Grande and who will make the statements available for
public inspection and reproduction (Gov. Code Section 81008). Upon receipt of the
statements of the City Council, Planning Commission, City Manager, City Attorney, and
City Treasurer, the City Clerk shall make and retain a copy and forward the original of
these statements to the Fair Political Practices Commission. Statements of all other
officials and designated employees will be retained by the City Clerk in accordance with
State law.
EXHIBIT "A"
APPENDIX OF DESIGNATED POSITIONS
The following positions entail the making or participation in the making of decisions
which may foreseeably have a material effect on financial interests:
Designated Position:2 Disclosure Category:
Director of Public Works 1
Assistant City Engineer 1
Associate Engineer 1
Assistant Engineer 1
Senior Engineer 1
Public Works Inspector 2
Director of Building and Fire 1
Fire Battalion Chief 2
Building Official 1
Building and Fire Safety Inspector 1
Neighborhood Services Coordinator 1
Police Chief 1
Police Commander 2
Director of Parks, Recreation & Facilities 1
Director of Financial Services 1
Accounting Supervisor 2
Director of Administrative Services 1
Information Technology Manager 2
Human Resources Manager 2
Director of Community Development 1
Associate Planner . 1
Assistant Planner 1
City Clerk 1
Executive Assistant-City Administration 2
Assistant City Attorney 1
Architectural Review Committee Member 1
Downtown Parking Advisory Board Member t
Historical Resources Committee Member 1
Parks and Recreation Commission Member 1
Traffic Commission Member 1
Consultants3 1
Exempt Officials° 1
s !n the event that State law or regulations regarding the filing of Conflict of Irt~rest Statements should be
amended, this Exhibit shall be changed to include the designated position and category of each official as
required by said amendment.
a Consultants shall be included in the list of designated employees and shall disclose pursuant to the
broadest disclosure category in the Code subject to the following limitation. The City Manager may
determine in writing that a particular cdnsultant, although a "designated position", is hired to perform a
range of duties that are limited in scope and thus is not required to fully comply with the disclosure
requirements described in this Section. Such written determination shall include a description of the
consultant's duties and, based upon that description, a statement of the extent of disclosure
requirements. 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.
° Exempt Officials include the Mayor, Members of the City Council, candidates for City offices, Members
of the Planning Commission, City Manager, City Attorney, and City Treasurer who are all otherwise
required to file disclosure statements pursuant to State Law.
EXHIBIT "B"
APPENDIX OF DISCLOSURE CATEGORIES
An investment, interest in real property, or income is reportable if the business
entity in which the investment is held, the interest in real property, or the
foreseeable income or source of income may be affected materially by a decision
made or participated in by the designated employee by virtue of the employee's
position.
Designated Positions in Category "1"must report:
All investments, business positions in, and income from sources located in or
doing business in the City. Interest in real property located in the City, including
property located within atwo-mile radius of the City or of any property owned or
used by the City of Arroyo Grande.
Designated Positions in Categon/ "2" must report:
All investments, business positions in, and income from sources located in or
doing business in the City; or which provides services, supplies, materials,
machinery or equipment of the type utilized by the City of Arroyo Grande; or are
subject to the regulatory, permit or licensing authority of the City of Arroyo
Grande.
Disclosure by Consultants
Consultants shall be included in the list of designated employees and shall
disclose pursuant to the broadest disclosure category in the code subject to the
following limitation:
The City Manager may determine in writing that a particular consultant, although
a "designated position," is hired to perform a range of duties that is limited in
scope and thus is not required to fully comply with the disclosure requirements in
this section.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4128 is a true, full, and correct' copy of said Resolution passed and
adopted at a regular meeting of the City Council/Redevelopment Agency of the City of
Arroyo Grande on the 9th day of September 2008.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of
September 2008.
KELLY WETAA~RE, CITY CLERK