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R-10098 f:atty\muni\laws\mjm\conflict2005-1.doc City Council Meeting 12-13-05 Santa Monica, California RESOLUTION NUMBER 100QR (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 9930 (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 seq., 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 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 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, 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, 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, on February 24, 2004, the City Council adopted Resolution Number 9930 (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 9930 (CCS), which contains the list of designated positions subject to the Conflict of Interest Code and the financial disclosure categories applicable to each position, in order to 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: 2 SECTION 1. Resolution Number 9930 (CCS) is hereby repealed in its entirety. SECTION 2. The City's Conflict of Interest Code shall consist of the provisions of2 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 list or to the financial disclosure categories, shall be made by resolution duly adopted by the City Council of the 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 shall be in full force and effect. APPROVED I1S TO FORM: . r'; ,. ~ . ('I . ) 1 ~ I"~ ) II fZ( .\ L tc,/<rU,( /). dU ~k,~ L ! MARSHA JONES MOUTRIE City Attorney 3 Adopted and approved this 13th day of December, 2005. \ >'f.... .>'a\tt\ f"XfIl{ --- Pam O'Connor, Mayor I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10098 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 13th day of December, 2005, by the following vote: Ayes: Noes: Abstain: Absent: Council members: Bloom, Genser, Holbrook, McKeown, Mayor O'Connor Council members: None Council members: None Council members: Shriver, Mayor Pro T em Katz ATTEST: /!Za/~~_JI/M(J/AA_/~ 6:~) Maria M. Stewart, City Clerk 4 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) Citv ManaQer 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 Senior Workers' Compensation Claims Examiner Chief Information Officer Software Systems Officer Telecommunications Analyst Systems & Network Officer Network Engineer 5 DISCLOSURE CATEGORIES (See attached EXHIBIT 2 for category definitions) * Category 1 Category 1 Category 1 Category1 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 1 Category 2 Category 2 Category 2 Category 2 DESIGNATED POSITIONS Community & Cultural Services Director Assistant Director Cultural Affairs Manager Civic Auditorium Manager Civic Auditorium Business Administrator Civic Operations Superintendent Human Services Administrator Human Services Manager Community Programs Manager Open Space Manager Facilities Operations Superintendent Public Landscape & Community Forest Superintendent Community Use Administrator Park Operations Superintendent Finance Chief Financial Officer Financial Operations Manager Financial Systems Development Coordinator Principal Budget Analyst Principal Budget Analyst-Investments Budget Manager Senior Accountant Purchasing Agent Senior Buyer Buyer Financial Reporting Supervisor Disbursements Supervisor Payroll Supervisor Revenue Operations Supervisor Revenue Collections Supervisor Revenue Manager Senior Revenue Collections Assistant Senior Revenue Operations Assistant 6 DISCLOSURE CATEGORIES Category 1 Category 1 Category 1 Category 1 Category 2 Category 2 Category 2 Category 1 Category 1 Category 1 Category 2 Category 2 Category 3 Category 2 Category 1 Category 1 Category 2 Category 2 Category 1 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2 Category 2,3 Category 2,3 Category 2,3 Category 2,3 Category 2,3 DESIGNATED POSITIONS Fire Fire Chief Battalion Chief Fire Captain Fire Inspector Senior Fire Inspector Assistant Fire Marshal Senior Administrative Analyst Communications Supervisor Environmental and Public Works ManaQement Director Administrative Services Manager City Engineer Principal Civil Engineer Civil Engineer Capital Project Engineer Associate Project Manager Civil Engineer Associate Civil Engineer Assistant City Architect Engineering Project Specialist Senior Public Works Inspector Senior Administrative Analyst Environmental Programs Manager Energy and Green Building Program Coordinator Senior Environmental Analyst - Hazardous Materials Senior Administrative Analyst - Urban Runoff Engineering Support Services Supervisor Senior C.E. Drafting Technician Water Resources Manager Water Resources Engineer WaterlWastewater Superintendent Water ProductionlTreatment Superintendent Solid Waste Operations Manager 7 DISCLOSURE CATEGORIES Category 1 Category 3,4,5 Category 3,4,5 Category 3,4,5 Category 3,4,5 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 1 Category 3 Category 3 Category 1 Category 2 Category 2 Category 2 Category 1 Category 3 Category 1 Category 1 Category 2,3 Category 2,3 Category 1 ,5 DESIGNATED POSITIONS Environmental and Public Works Manaoement cant. Maintenance Manager Public Works Utilities Inspector Senior Public Works Inspector Street Maintenance Superintendent Facilities Superintendent Fleet Maintenance Superintendent Solidwaste Collections Superintendent Solidwaste Systems Superintendent Material Recovery Superintendent Cemetery Superintendent Water Resources Protection Programs Administrator Utilities Engineer Senior Water Resources Protection Specialist Plannino and Community Development Director Assistant Director Special Projects Manager Building Officer Assistant Building Officer Code Compliance Supervisor Combination Building Inspector 111I/111 Code Compliance Officer 1111 Inspection Supervisor Plans Examiner 1111/11I Plan Check Supervisor Senior Plan Check Engineer Planning Manager Principal Planner Senior Planner Associate Planner Assistant Planner Urban Designer Transportation Planning Manager Transportation Management Coordinator Special Projects Engineer 8 DISCLOSURE CATEGORIES Category 1 Category 3 Category 3 Category 2,3 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 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 3,4 DESIGNATED POSITIONS DISCLOSURE CATEGORIES PlanninQ and Community Development cont. Senior Transportation Planner Transportation Engineer Transportation Planning Associate Parking Coordinator Permit Supervisor Traffic Operations Supervisor Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Library City Librarian Assistant City Librarian Category 1 Category 1 Human Resources Director Assistant Director Senior H. R. Analyst Senior Human Resources Analyst - Labor & Employee Relations Category 1 Category 1 Category 3 Category 3 Police Police Chief Police Captain Category 1 Category 2,3 Rent Control Administrator General Counsel Staff Attorney Hearing Examiner Hearings Manager Public Information Manager BudgeUOffice Coordinator Category 1 Category 1 Category 1 Category 3 Category 1 Category 2 Category 2 Resource ManaQement Director Housing and Redevelopment Manager Senior Housing Specialist Senior Administrative Analyst Airport Manager Airport Operation/Noise Supervisor Category 1 Category 1 Category 4 Category 4 Category 1 Category 4 9 DESIGNATED POSITIONS Resource Manaoement cont. Farmer's Market Supervisor Farmers Market Coordinator Administrative Services Officer Redevelopment Administrator Economic Development Manager Housing Administrator Housing Authority Administrator Maintenance Supervisor Administrative Analyst Bio Blue Bus (Municipal Bus Administration) Director of Transit Services Assistant to the Director of Transit Services Transit Maintenance Manager Transit Services Manager Transit OperationsSupervisor Transit Customer Relations Manager Transit Facilities Superintendent Transit Maintenance Superintendent Assistant Director of Transit Services for Operations Transit Programs 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 for Senior Community Members 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 10 DISCLOSURE CATEGORIES Category 3,4 Category 3 Category 2,3 Category 2,3 Category 1 Category 1 Category 2 Category 4 Category 3 Category 1 Category 1 Category 2 Category 2 Category 2 Category 2 Category 4 Category 5 Category 2 Category 2 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 * DESIGNATED POSITIONS DISCLOSURE CATEGORIES City Council. Boards and Commissions cont. 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 "ActinQ" Positions Subject to the same disclosure requirements as the applicable designated position in which the person is "acting." 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 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. ***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 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 of the 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 of the 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. 12 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, 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