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R-9930 f: atty\muni\laws\mjm\conflict2003-1. wpd City Council Meeting 2-24-04 Santa Monica, California RESOLUTION NUMBER 9930 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICAHEPEALlNG RESOLUTION NUMBER 9617 (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 FILED WHEREAS, the Political Reform Act, Government Code Sections 81000 et seg., requires every state or local 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 incorporat.ing the provisions of 2 California Adrninistrative Code Section 18730; and WHEREAS, on March 26,1996, the.CityCouncil 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 CityCounci./ adopted Resolution Number 9132 (CCS) which revised the City's Conflict otlntatest Code to update the list of positions for which Statements at Economic I nterest 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 Intere$t Code to update the list of positions for which Statements of Economic Interestare required tobe filed ("designated positions") and the financial disclosure categories for each designated position; and WHEREAS, on February 13, 2001, the City Council adopted Resolution Number 9617 (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 9617 (CCS), which contains the list of designated positions subjectto the Conflict of Interest Code and the financial disclosure categories applicable to each position, in order to ensure that the list accurately reflectsexi.sting positions and job duties, NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Resolution Number 9617 (CCS) is repealed in its entirety. 2 SECTION 2. The City's Conflict of Interest Code shall consist of the provisions of 2 California Code of Regulations (the "Code") and Exhibits 1 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 Iistorto the financial disclosure categories, shall be made by resolution duly adopted by the City Council oHhe City of Santa Monica. SECTION 4. Pursuant to the Code, any person holding a designated position, including any person holding a designated position in an acting capacity, 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) days after 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 sha.ll be in full force and effect. A~1!~OVEQ ~lO FORM: i , ! u 3 EXHIBIT 1 DESIGNATED POSITIONS City Attorney City Attorney Assistant City Attorney Deputy City Attorney Consumer Affairs/Fair Housing Specialist 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 Publications Manager Risk Manager Loss Control Officer Senior Liability Claims Adjuster Liability Claims Adjuster Workers Compensation Administrator Chief Information Officer Software Systems Officer Telecommunications Analyst Systems & Network Officer 4 DISCLOSURE CATEGORIES (See attached EXHIBIT 2 for category definitions) .. Category 1 Category 1 Category 1 Category 1 Category1 .. 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 Business Administrator Auditorium Operations Superintendent Human Services Manager Community Programs Manager Community Use Administrator Park Operations Superintendent Open Space Manager Human Services Administrator Finance Director Financial Operations Manager Financial Systems Development Coordinator 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 Fire Captain Fire Inspector Senior Fire Inspector 5 DISCLOSURE CATEGORIES Category 1 Category 1 Category 1 Category 1 Category 2 Category 2 Category 1 Category 1 Category 3 Category 2 Category 1 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 3 Category 3 .. Category 1 Category 3 Category 1 Category 3,4,5 Category 3,4,5 Category 3,4,5 Category 3,4,5 DESIGNATED POSITIONS Fire cont Assistant Fire Marshal Senior Administrative Analyst Communications Supervisor Environmental and Public Works Management Director Administrative Services Manager City Engineer Principal Civil Engineer Civil Engineer Civil Engineer Associate Civil Engineer Assistant City Architect Environmental Programs Manager Engineering Project Specialist Senior Public Works Inspector Senior Administrative Analyst Energy and Green Building Program Administrator Engineering Support Services Supervisor Senior C.E. Drafting Technician Utilities Manager Public Utilities Inspector Water/Wastewater Superintendent Water ProductionfTreatment Superintendent Solid Waste Operations Manager Maintenance Manager Public Works Inspector Senior Public Works Inspector Street Maintenance Superintendent 6 DISCLOSURE CATEGORIES Category 3,4,5 Category 2,5 Category 5 Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 3 Category 3 Category 2 Category 1 Category 3 Category 1 Category 3 Category 2,3 Category 2,3 Category 1,5 Category 1 Category 3 Category 3 Category 2,3 DESIGNATED POSITIONS Environmental and Public Works Managementcont. Facility Superintendent Fleet Maintenance Superintendent Solidwaste Collections Superintendent Solidwaste Systems Superintendent Material Recovery Superintendent Cemetery Superintendent Industrial Waste Services Coordinator Utilities Engineer Environmental Inspector Planning and Community Development Director Assistant Director Building Officer Assistant Building Officer Senior Combination Building Inspector Senior Building Inspector Senior Code Compliance Officer Code Compliance Officer Code Compliance Supervisor Supervising Inspector Plan Check Supervisor Plan Check Engineer Senior Plan Check Engineer Planning Manager Principal Planner Senior Planner Associate Planner Assistant Planner Transportation Planning Manager Transportalion Management Specialist Senior Traffic Engineer Special Projects Engineer Senior Transportation Planner Transportation Engineer 7 DISCLOSURE CATEGORIES Category 2,3 Category 2,3 Category 2,3 Category 2,3 Category 2,3 Category 2,3 Category 2,3 Category 1,3 Category 3 Category 1 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 3,4 Category 3,4 Category 3 Category 3,4 Category 3,4 Category 3,4 Category 3,4 DESIGNATED POSITIONS Planning and Community Development cont. Transportation Planning Associate Traffic Operations Manager T rafflc Operations Superintendent Parking Coordinator Permit Supervisor library City librarian Assistant City librarian Human Resources Director Assistant Director H.R. Administrative Services Coordinator Organizational Development, Employee Services Manager Police Police Chief Police Captain Rent Control Administrator General Counsel Staff Attorney Hearing Officer Examiner Hearings Manager Public Information Manager Budget/Office Coordinator Resource Management Director Housing and Redevelopment Manager Senior Housing Specialist Senior Administrative Analyst Airport Manager Noise Abatement Supervisor Farmers Market Coordinator Administrative Services Officer g DISCLOSURE CATEGORIES Category 3,4 Category 3,4 Category 2 Category 3,4 Category 3,4 Category 1 Category 1 Category 1 Category 1 Category 3 Category 3 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 DESIGNATED POSITIONS Resource Manag.ement cont. Redevelopment Administrator Economic Development Manager Housing Coordinator Housing Authority Administrator Maintenance Supervisor Farmer's Market Supervisor Administrative Analyst Transportation (Municipal Bus Administration) Director of Transit Services Assistant to the Director of Transit Services Assistant Director of Transit Services for Finance and Administration Transit Maintenance Manager Transit Services Manager Transit Operations Manager Transit Customer Relations Manager Transit Finance Manager Transit Facilities Superintendent Transit Maintenance Superintendent Assistant Director of Transit Services for Operations 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 For Senior Community Members 9 DISCLOSURE CATEGORIES Category 2,3 Category 1 Category 1 Category 2 Category 4 Category 3,4 Category 3 Category 1 Category 1 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2 Category 4 Category 5 Category 2 Category 6 Category 6 Category 6 Category 6 Category 6 * Category 6 OESIGNATEDPOSITION& DISCLOSURE CATEGORIES City Council. Boards and Commissions cont Commission on the Status of Women Disabilities Commission Members 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 Category 6 Category 6 Category 6 Category 6 Category 6 Category 6 Category 6 \I< Category 6 Category 6 Category 6 Category 6 "Acting". Positions Subject to the same disclosure requirements as the applicable designated position in which the person is "acting. II Consultants- Category 1 Non-Profit Public Benefit Corporations *** Bayside District Corporation Pier Restoration Corporation "'Disclosure obligations for these designated positions are set forth in Government Code Section 87200 et seg.. 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 10 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. -*These corporations have their own conflict of interest codes and are not subject 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. 11 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 in come 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 thejurisdiction if it owns real property within the jurisdiction. When a designated employee isrequired 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 of the jurisdiction or within two miles of any land owned or used by the local govemment 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 or equipment utilized by the employee's department, 12 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 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. 13 Adopted and approved this 24th day of February, 2004. I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 9930 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 24th day of February, 2004, by the following vote: Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown, Katz, O'Connor, Genser Noes: Coundlmembe~: None Abstain: Council. members: None Absent Council members: Feinstein, Holbrook ATTEST: \.. '-, ~~..~~ Maria M. Stewart, <(itv Clerk 14