SR-102-004 (2)
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City Council Meeting 2-13-01
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Resolution 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 Filed
Introduction
This staff report accompanies the proposed Resolution which updates the City's
Conflict of Interest Code.
Discussion
California law requires every state and local governmental agency to adopt a Conflict of
Interest Code and to periodically update the list of positions for which Statements of
Economic Interest must be filed. Santa Monica's list of designated positions is divided
into disclosure categories which must be periodically reviewed and updated to ensure
compliance with disclosure requirements. Exhibit 1 to the attached Resolution
contains revisions reflecting changes in titles and job duties which have occurred since
our Conflict of Interest Code was last amended. Adoption of the accompanying
Resolution will fulfill the requirements of state law by specifying disclosure requirements
for the City's designated positions.
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Budqet/Financiallmoact
There will be no budget/financial impact.
Recom mendation
It is respectfully recommended that the City Council adopt the attached Resolution.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Maria Stewart, City Clerk
Claudia Thompson, Legal Admin. Staff Assistant
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City Council Meeting 2-13-01 Santa Monica,
California
RESOLUTION NUMBER
(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 FILED
WHEREAS, the Political Reform Act, Government Code Sections 81000 et seo.,
requires every state or local government agency to adopt and promulgate a Conflict of
I nterest 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
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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, 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 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:
SECTION 1. 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 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
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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 AS TO FORM:
MARSHA JONES MOUTRIE
City Attorney
EXHIBIT 1
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
(See attached EXHIBIT 2
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for category definitions)
City Attorney
City Attorney *
Assistant City Attorney Category 1
Deputy City Attorney Category 1
Consumer Affairs/Fair Housing Category 1
Specialist
City Clerk
City Clerk Category 1
I\ccictant City Clerk Category 1
Director of Records and Election Services
(City Clerk) Cateoory1
Records and Election Services Manaoer
(Assistant City Clerk) Cateoory1
City Manaoer
City Manager *
Assistant City Manager Category 1
Assistant to City Manager for Government
Relations Category 1
Assistant to City Manager for Management
Services Category 1
Assistant to City Manaoer for Community
Relations Cateoory 1
Cable TV Manager Category 1
Communicationc Coordinator Category 1
Publications Manager Category 2
Risk Manager Category 1
-Risk Loss Control Officer Category 1
Liability Claims Supervisor Category 1
Liability Claims Adjuster Category 1
Workers Compensation Officer Category 1
Chief Information Officer Category 1
Software & Support Services Systems Officer Category 2
Telecommunications Analyst Category 2
Systems & Network Officer Category 2
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DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Community & Cultural Services
Director Category 1
Assistant Director Category 1
Cultural Affairs Manager Category 1
Event Facilities Manager Category 1
Event Services Supervisor Category 1
Human Services Manager Category 1
Parke & 8porte Manager Category 2
Open Space Administrator Cateqory 2
Community & Senior Programs
Manager Category 1
Community Proqrams Manaqer Cateqory 1
Beach Manager Category 2
Open Space Manaqer Cateqory 2
Human Services Supervisor Category 2
Finance
Director Category 1
Financial Operations Manager Category 1
Financial Systems Development
Coordinator Cateqory 2
Internal Auditor Cateqory 2
Principal Budget Analyst Category 2
Budqet Manaqer Cateqory 2
Senior Accountant Cateqory 2
Purchasing Agent Category 2
Buyer Category 2
Financial Reporting Supervisor Category 2
Disbursements Supervisor Category 2
Payroll Supervisor Cateqory 2
License and Permit Supervisor Category 3
Parking Meter Supervisor Category 3
City Treasurer *
Assistant City Treasurer Category 1
Senior Parking Meter Collector Category 3
Fire
Fire Chief Category 1
Battalion Chief/Divieion Chief/Deputy Chief Category 3,5
Fire Captain Category 3,4,5
Fire Prevention Engineer Category 3, 1,5
Fire Prevention Inspector Cateqory 3.4.5
Senior Fire Prevention Inspector Category 3,4,5
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
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Fire cont.
Deputy Chief Category 2,5
Assistant Chief Fire Marshal Category 3,4,5
Senior Administrative Analyst Category 2,5 Communications
Supervisor Category 5
Administrative Captain - Paramedic
Coordinator Category 2,5
Environmental and Public Works ManaQement
Director Category 1
City Engineer Category 1
Senior Civil Engineer Category 1
Civil Engineer Category 1
Civil Engineer Associate Category 1
Civil Engineer Assistant Category 1
Senior Architect Category 1
Environmental Services Coordinator Category 3
Engineering Project Specialist Category 1
Senior Public Works Inspector Category 1
Senior Administrative Analyst Category 1
Conservation Coordinator Category 3
Engineering Support Services
Supervisor Category 1
Utilities Manager Category 1
Water/Wastewater Superintendent Category 5
Water Production/Treatment Category 5
Superintendent
Solid Waste Operations Manager Category 5
Administrative Services Officer ManaQerCategory 2,3
Maintenance Manager Category 2
Public Works Inspector Category 1
Street Maintenance Superintendent Category 2
Electrical/PFM Superintendent Category 2
Fleet Maintenance Superintendent Category 2
Solidwaste Collections 8upervieor
Superintendent Category 2
Solidwaste Systems Superintendent Category 2
Solidwaste Material Recovery Superintendent Category 2
Cemetery Superintendent Category 2
Pretreatment Coordinator Category 4
Utilities Engineer Category 4
Environmental Inspector Category 4
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
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Planninq and Community Development
Director Category 1
Deputy Director/Administrative Services
Officer-PCD Category 3,4
Building Officer Category 3,4
Senior Combination Building Inspector Category 3,4
Senior Building Houeing Inspector Category 3,4
Building Inspector Category 3, '1
Code Compliance Officer Category 3,4
Supervising Code Compliance Officer
Supervisor Category 3,4
Supervising Inspector Category 3,4
Plan Check Engineer Category 3,4
Senior Plan Check Engineer Category 3,4
Supervising Plan Check Engineer Category 3,4
Planning Manager Category 3,4
Associate Planner Category 3,4
Assistant Planner Category 3,4
Principal Planner Category 3,4
Zoning Inepector Category 1
Transportation Planning Manager Category 3,4
Transportation Management Category 3
Coordinator
^dministrative Services Officer Category 3, '1
Senior Planner Category 3,4
Supervising Inspector Category 4
Senior Traffic Engineer Category 3,4
Special Projects Engineer Category 3,4
Transportation Planning Associate Category 3,4
Traffic Operations Manager Category 3,4
Traffic Operations Superintendent Category 2
Library
City Librarian Category 1
Assistant City Librarian Category 1
Personnel
Director Category 1
Personnel Services Manager Category 3
Administrative Services Coordinator Category 3
Employee Services Manager Category 3
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
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Police
Police Chief Category 1
Police Captain Category 2,3
Rent Control
Administrator Category 1
General Counsel Category 1
Staff Attorney Category 1
Hearing Officer Examiner Category 3
Hearings Department Manager Category 1
Public Information Manager Category 2
Senior Operations Analyst Category 2
Resource Manaqement
Director Category 1
Housing and Redevelopment
Manager Category 1
Senior Housing Specialist Category 4
Senior Administrative Analyst Category 4
Airport Manager Category 1
Noise Officer Category 4
Farmers Market Coordinator Category 3
Administrative Services OfficerL
Earthquake Recovery Administrator Category 2,3
Economic Development Manager Category 1
Housing Coordinator Category 1
Pier Maintenance Supervisor Category 4
Farmer's Market Supervisor Category 3,4
Administrative Analyst Category 3
Transportation
(Municipal Bus Administration)
Director Category 1
Assistant to the Director of Transit Services Cateqory 2
Assistant Director of Transit Finance
and Business Services Cateqory 2
Transportation Maintenance
Manager Category 2
Transit Administration Manager Category 2
Transit Services Manager Category 2
Transit Development Manager Category 2
Transit Facilities Maintenance and Category 2
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Transportation cont.
Vehicle Engineering Manager
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City Council. Boards and Commissions
Airport Commission Members Category 6
Architectural Review Board
Members Category 6
Arts Commission Members Category 6
Accessibility Board of Appeals Category 6
Building and Safety Commission Category 6
Members
City Council Members *
Commission on Older Americans Category 6
Commission on the Status of Category 6
Women
Electrical Board of Appeals Category 6
Members
Housing Commission Members Category 6
Landmarks Commission Members Category 6
Library Board Members Category 6
Personnel Board Members Category 6
Planning Commission Members Category 6 :
Plumbing and Mechanical Category 6
Board of Appeals Members
Recreation and Parks Commission Category 6
Members
Rent Control Board Commissioners Category 6
Social Services Commission Category 6
Members
"Actinq" Positions
Subject to the same
disclosure requirements as
the applicable designated
position in which the person
is "acting."
Consultants** Category 1
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Non-Profit Public Benefit
Coroorations***
Bayside District Corporation
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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.
***Licted for information purpocec only. Thece corporationc are not cubject to
the City's conflict of interest code. Instead, they must adopt their own conflict of interest
codec. Dicclocurc ctatementc arc filed v:ith the rccpecti'Je corporation purcuant 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 Santa 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 desiqnated positions in these corporations must
be filed with the City Clerk of the City of Santa Monica.
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
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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.
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.
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