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R-9617 f:atty\muni\laws\mjm\conflict-1.wpd City Council Meeting 2-13-01 Santa Monica, California RESOLUTION NUMBER 9617 (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 9489 (CCS) AND AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO REVISE THE DESIGNATED POSITIONS FOR WHICH STATEMENTS OF ECONOMIC INTEREST ARE REQUIRED TO BE FI LED WHEREAS, the Political Reform Act, Government Code Sections 81000 et seg. requires every state or focal government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, on February 26, 1985, the City Council of the City of Santa Monica adopted Resolution Number 6978 (CCS) which established the Conflict of Interest Code for the City of Santa Monica by incorporating the provisions of 2 California Administrative Code Section 18730; and WHEREAS, on March 26,1996, the City Council adopted Resolution Number 9009 (CCS) which revised the City's Conflict of Interest Code to reflect changes in the law and to update the list of positions for which Statements of Economic Interest are required to be filed ("designated positions") and the financial disclosure categories for each designated position; and 1 WHEREAS, on March 25, 1997, the City Council adopted Resolution Number 9132 (CCS) which revised the City's Conflictof Interest Code to update the list of positions for which Statements of Economic Interest are required to be filed ("designated positions") and the financial disclosure categories for each designated position; and WHEREAS, on March 7, 2000, the City Council adopted Resolution Number 9489 (CCS) which revised the City's Conflict of Interest Code to update the list of positions for which Statements of Economic Interest are required to be filed ("designated positions")and the financial disclosure categories for each designated position; and WHEREAS, it is necessary to update Exhibit 1 to Resolution Number 9489 (CCS), which contains the list of designated positions subject to the Conflict of Interest Code and the financial disclosure cate~Jories applicable to each position, in orderto ensure that the list accurately reflects existing positions and job duties, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION Resolution Number 9489 (CCS) is repealed in its entirety. SECTION 2. The City's Conflict of Interest Code shall consist of the provisions of 2 California Code of Regulations (the "Code") and Exhibits and 2 attached to this Resolution, all of which documents are hereby incorporated by reference. SECTION 3. Any future amendments to the City's Conflict of Interest Code including, but not limited to, amendments to the designated positions list or to the financial disclosure 2 categGIfeI; shall be m~e by resolUtion duly adopted by the City cbuncit of the City of Sante Monica. SECTION 4. Pursuant to the Code, any person holding a designated position, iftd8dInI...... per$On .holding a ~n+ctposition in an ~ 'ca~, shall file a Statement of Economic Interest with the City Clerk. The City Council hereby delegates to the City Clerk the authority to carry out the duties. of filing officer. SECTION 5. Pursuant to the Code, all persons assuming or leaving designated positions must file Statements of Economic Interest within thirty (30) daysatter assuming or leaving the designated position. SECTION 6 The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM:: l!:*J/l~ City Attorney 3 Adopted and approved this 13th of February, 2001 I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 9617 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 13th of February, 2001, by the following vote: Ayes: Council members: Holbrook, O'Connor, McKeown, Mayor Pro Tern Bloom, Mayor Feinstein Noes: Council members: N 0 nE~ Abstain: Council members: NonH .'1:"'"'.:~;~1 Absent: Council members: Gem:;er, Katz ATTEST: EXHIBIT 1 DESIGNATED POSITIONS City Attorney City Attorney Assistant City Attorney Deputy City Attorney Consumer Affairs/Fair Housing Specialist City Clerk City Clerk Assistant City Clerk Director of Records and Election Services (City Clerk) Records and Election Services Manager (Assistant City Clerk) City Manager City Manager Assistant City Manager Assistant to City Manager for Government Relations Assistant to City Manager for Management Services Assistant to City Manager for Community Relations Cable TV Manager Communications Coordinator Publications Manager Risk Manager Risk Loss Control Officer Liability Claims Supervisor Liability Claims Adjuster Workers Compensation Officer Chief Information Officer Software & Support Services Systems Officer Telecommunications Analyst Systems & Network Officer 1 DISCLOSURE CATEGORIES (See attached EXHIBIT 2 for category definitions) * Category 1 Category 1 Category 1 Category 1 Category 1 Category1 Category1 * Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 2 Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 2 Category 2 Category 2 DESIGNATED POSITIONS Community & Cultural Services Director Assistant Director Cultural Affairs Manager Event Facilities Manager Event Services Supervisor Human Services Manager rarks & Sports Manager Open Space Administrator Community & Senior rrograms Manager Community Programs Manager Oeach Manager Open Space Manager Human Services Supervisor Finance Director Financial Operations Manager Financial Systems Development Coordinator Internal Auditor Principal Budget Analyst Budget Manager Senior Accountant Purchasing Agent Buyer Financial Reporting Supervisor Disbursements Supervisor Payroll Supervisor License and Permit Supervisor Parking Meter Supervisor City Treasurer Assistant City Treasurer Senior Parking Meter Collector Fire Fire Chief Battalion Chief/Division Chief/Deputy Chief Fire Captain rire rrevention engineer Fire Prevention Inspector Senior Fire Prevention Inspector 2 DISCLOSURE CATEGORIES Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 2 Category 2 Category 1 Category 1 Category 2 Category 2 Category 2 Category 1 Category 1 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2 Category 3 Category 3 * Category 1 Category 3 Category 1 Category 3,5 Category 3,4,5 Category 3,4,5 Category 3.4.5 Category 3,4,5 DESIGNATED POSITIONS Fire cont. Deputy Chief Assistant Chief - Fire Marshal Senior Administrative Analyst Communications Supervisor Administrative Captain - Paramedic Coordinator Environmental and Public Works Management Director City Engineer Senior Civil Engineer Civil Engineer Civil Engineer Associate Civil Engineer Assistant Senior Architect Environmental Services Coordinator Engineering Project Specialist Senior Public Works Inspector Senior Administrative Analyst Conservation Coordinator Engineering Support Services Supervisor Utilities Manager Water/Wastewater Superintendent Water ProductionlTreatment Superintendent Solid Waste Operations Manager Administrative Services Officer Manager Maintenance Manager Public Works Inspector Street Maintenance Superintendent Electrical/PFM Superintendent Fleet Maintenance Superintendent Solidwaste Collections Supervisor Superintendent Solidwaste Systems Superintendent Solidwaste Material Recovery Superintendent Cemetery Superintendent Pretreatment Coordinator Utilities Engineer Environmental Inspector 3 DISCLOSURE CATEGORIES Category 2,5 Category 3,4,5 Category 2,5 Category 5 Category 2,5 Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 3 Category 1 Category 1 Category 1 Category 3 Category 1 Category 1 Category 5 Category 5 Category 5 Category 2,3 Category 2 Category 1 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2 Category 4 Category 4 Category 4 DESIGNATED POSITIONS Planning and Community Development Director Deputy Director/Administrative Services Officer-PCD Building Officer Senior Combination Building Inspector Senior Building I lousing Inspector Ouilding Inspector Code Compliance Officer Supervising Code Compliance Officer Supervisor Supervising Inspector Plan Check Engineer Senior Plan Check Engineer Supervising Plan Check Engineer Planning Manager Associate Planner Assistant Planner Principal Planner Zoning Inspector Transportation Planning Manager Transportation Management Coordinator Administrath/e Services Officer Senior Planner Supervising Inspector Senior Traffic Engineer Special Projects Engineer Transportation Planning Associate Traffic Operations Manager Traffic Operations Superintendent Library City Librarian Assistant City Librarian Personnel Director Personnel Services Manager Administrative Services Coordinator Employee Services Manager 4 DISCLOSURE CATEGORIES Category 1 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 4 Category 3,4 Category 3 Category 3,4 Category 3,4 Category 4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 2 Category 1 Category 1 Category 1 Category 3 Category 3 Category 3 DESIGNATED POSITIONS Police Police Chief Police Captain Rent Control Administrator General Counsel Staff Attorney Hearing Officer Examiner Hearings Department Manager Public Information Manager Senior Operations Analyst Resource Management Director Housing and Redevelopment Manager Senior Housing Specialist Senior Administrative Analyst Airport Manager Noise Officer Farmers Market Coordinator Administrative Services OfficerL Earthquake Recovery Administrator Economic Development Manager Housing Coordinator Pier Maintenance Supervisor Farmer's Market Supervisor Administrative Analyst Transportation (Municipal Bus Administration) Director Assistant to the Director of Transit Services Assistant Director of Transit Finance and Business Services Transportation Maintenance Manager Transit Administration Manager Transit Services Manager Transit Development Manager Transit Facilities Maintenance and 5 DISCLOSURE CATEGORIES Category 1 Category 2,3 Category 1 Category 1 Category 1 Category 3 Category 1 Category 2 Category 2 Category 1 Category 1 Category 4 Category 4 Category 1 Category 4 Category 3 Category 2,3 Category 1 Category 1 Category 4 Category 3,4 Category 3 Category 1 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2 DESIGNATED POSITIONS Transportation cont. Vehicle Engineering Manager City Council. Boards and Commissions Airport Commission Members Architectural Review Board Members Arts Commission Members Accessibility Board of Appeals Building and Safety Commission Members City Council Members Commission on Older Americans Commission on the Status of Women Electrical Board of Appeals Members Housing Commission Members Landmarks Commission Members Library Board Members Personnel Board Members Planning Commission Members Plumbing and Mechanical Board of Appeals Members Recreation and Parks Commission Members Rent Control Board Commissioners Social Services Commission Members "Acting" Positions Consultants** DISCLOSURE CATEGORIES Category 6 Category 6 Category 6 Category 6 Category 6 Category 6 Category 6 Category 6 Category 6 Category 6 Category 6 Category 6 Category 6 ~ Category 6 Category 6 Category 6 Category 6 Subject to the same disclosure requirements as the applicable designated position in whilch the person is "acting." Category 1 6 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Non-Profit Public Benefit Coroorations*** Bayside District Corporation Pier Restoration Corporation *Disclosure obligations for these designated positions are set forth in Government Code Section 87200 et seq.. These positions are designated in this Conflict of Interest Code solely for disqualification purposes. **Consultants performing the duties of any designated position shall be required to file Statements of Economic Interest disclosing interests in the categories assigned to the designated position. In addition, consultants who, under contract, participate in decisions which affect financial interests by providing information, advice, recommendation or counsel to the City and possess decision making authority which could affect financial interests shall be required to file Statements of Economic Interests disclosing reportable interests as determined by the City Manager. . ***Listed for information purposes only. These corporations are not subject to the City's conflict of interest code. Instead, they must adopt their O'vvn conflict of interest codes. Disclosure statements are filed with the respE~ctive corporation pursuant to each corporation's respective conflict of interest code. Copies of such disclosure statements shall be provided to the City Clerk of the City of ~af'lta Monica. These corporations have their own conflict of interest codes and are not subiect to the City's conflict of interest code. Disclosure statements of designated positions in these corporations must be filed with the City Clerk of the City of Santa Monica. 7 EXHIBIT 2 General Provisions When a designated employee is required to disclose investments and sources of income, he/she need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose interests in real property, he/she need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries ofthe jurisdiction or within two miles of any land owned or used by the local government agency. Designated employees shall disclose their financial interests pursuant to the appropriate category as indicated in Exhibit 1. Disclosure Categories Category 1: Persons in this category shall disclose: Investments, business positions, and income from sources located in or doing business in the jurisdiction and interests in real property located in Santa Monica, including property located within a two- mile radius of any property owned or used by the City of Santa Monica. Category 2: Persons in this category shall disclose: Investments, business positions, and sources of income of the type which manufacture, sell or provide services, supplies, materials, books, machinery or equipment ofthe type utilized by the employee's department. Category 3: Persons in this category shall disclose: Investments, business positions, and sources of income of the type which are subject to the regulatory, permit or licensing authority of the employee's department. Category 4: Persons in this category shall disclose: Investments, business positions, and sources of income of the type which engage in land development, construction or the acquisition or sale of real property, and interests in real property located within Santa Monica, including property located within a two-mile radius of any property owned or used by the City of Santa Monica. Category 5: Persons in this category shall disclose: Investments and business positions and sources of income of the type which manufacture, sell or provide supplies, materials, machinery, services orequipment utilized by the employee's department, interests in real property located within Santa Monica, including property located within a two-mile radius of any property that is or may be used as a disposal site, transfer station or resource recovery facility in which the designated official/employee provides planning or technical 8 assistance or has enforcement branch responsibilities. Category 6: Persons in this category shall disclose: All investments, business positions and sources of income which are subject to the regulatory, permit or licensing authority of the Board or Commission on which the member serves. 9