Loading...
R 3949 RESOLUTION NO. 3949 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 to 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 who 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. Add the position of Assistant Engineer. 2. Add the position of Senior Engineer. 3. Add the position of Historic Resources Committee Member. 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 as 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. BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 3776 adopted September 14, 2004. RESOLUTION NO. 3949 PAGE 2 On motion by Council Member Arnold, seconded by Council Member Costello, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Arnold, Costello, Dickens, Guthrie, and Mayor Ferrara None None The foregoing Resolution was passed and adopted this 1 ih day of September 2006. RESOLUTION NO. 3q~9 PAGE 3 TON ATTEST: APPROVED AS TO CONTENT: ~----_. --.. "- '. ;:;::r:/--> u STEVEN ADAMs;GITY MANAGER APPROVED AS TO FORM: r;;,v~ //~ TIMOTHY J~ARMEL, CITY ATTORNEY I 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. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings 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, an along with the attached Appendices in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Arroyo Grande. Pursuant to Section 4(A) of the standard code, designated employees shall file statements of economic interests with the City of Arroyo Grande. Upon receipt of the statements of the designated employees, the City Clerk shall retain the originals and make them available for public inspection. 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: Desiqnated Position:2 Director of Public Works Assistant City Engineer Associate Engineer Assistant Engineer Senior Engineer Public Works Inspector Director of Building and Fire Fire Division Chief Building Official Building and Fire Safety Inspector Police Chief Police Commander Director of Parks, Recreation & Facilities Director of Financial Services Accounting Supervisor Director of Administrative Services Human Resources Manager Director of Community Development Associate Planner Assistant Planner Neighborhood Services Coordinator City Clerk Executive Assistant-City Administration Assistant City Attorney Traffic Commission Member Parks and Recreation Commission Member Senior Advisory Commission Member Architectural Review Commission Member Downtown Parking Advisory Board Member Historic Resources Committee Member Consultants3 ExemplOfficials' Disclosure Cateqorv: 1 1 1 2 2 2 1 2 1 1 1 2 1 1 1 1 2 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 2 In the event that State law or regulations regarding the fiiing of Conflict of Interest Statements should be amended, this Exhibit shall be changed to include the designated position and category of each official as required by said amendment. 3 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 limitations. 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 this is not required to full comply with the disclosure requirement described in this Section. Such written determination shall include a description of the consultant's dutues 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 by the City Clerk 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 DesiGnated Persons in CateGory "1" Must Report: All investments, interests in real property, income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. These financial interests are reportable only if located within and subject to the jurisdiction of the City, or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of the City at any time during the two years prior to the filing of the statement. DesiGnated Persons in CateGory "2" Much Report" a) All investments in real property located within or subject to the jurisdiction of the City. b) Investments in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. c) Income from any source which within the last two years has contracted or in the future foreseeably may contract with the City. d) His or her status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. 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. 3949 is a true, full, and correct copy of said Resolution passed and adopted at a regula"r meeting of the City Council of the City of Arroyo Grande on the 12th day of September 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of September 2006. lA1~ RE, CITY CLERK