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SR-032696-6D . . :. , · 6 0 . . . f:\atty\muni\strpts\mox\conflict MAR 2 6 1996 City Council Meeting 3-26-96 Santa Monica, California STAFF REPORT TO: Mayor and city Council FROM: City Attorney SUBJECT: Recommendation to Adopt a Resolution Repealing the city of Santa Monica's Existing Conflict of Interest Code and Adopting a New Conflict of Interest Code INTRODUCTION This staff report recommends the adoption of the attached resolution repealing Resolution Number 6978 (CCS) containing the City's existing Conflict of Interest Code (adopted in 1985 pursuant to requirements of the Political Reform Act, Government Code Sections 81000 et seq.) . Adoption of the attached resolution would establish a new City Conflict of Interest Code which reflects revisions to the designated positions subject to filing annual economic disclosure statements and the financial disclosure categories applicable to such designated positions. BACKGROUND On February 26, 1985 the City Council adopted Resolution Number 6978 (CCS) which established the first Conflict of Interest Code for the city of Santa Monica. Such Resolution 6978 (CCS) incorporated the provisions of a standard model Conflict of Interest Code set forth 1 gO :! . R 2 6 l!I!I6 t' . in a regulation of the Fair Political Practices commission (2 California Administrative Code section 18730) . Government Code Section 87302 requires specific enumeration of the positions within the city which involve the making or participation in the making of decisions which may forseeably have a material effect on any financial interest. Each enumerated position must also state the specific types of investments, business posltions, interests in real property and sources of income which are reportable. Resolution 6978 (CCS) specified the designated positions subject to the reporting requirements of the conflict of Interest Code, and included appendices listing each designated position along with the categories of financial interests which each must report. The attached resolution incorporates the regulations of the Fair Political Practices commission set forth at Title 2, Division 6 of the California Code of Regulatlons (formerly 2 California Administrative Code) pertaining to provisions of Conflict of Interest Codes. Numerous changes in the organization and classification of city departments and job positions, including changes of title have occurred since adoption of the original City's Conflict of Interest Code in 1985. Adoption of the attached resolution would result in an updated Conflict of Interest Code, accurately reflecting the current list of designated positions and financial disclosure categories. The attached resolution includes all newly designated 2 . positions, reclassifications, renaming or deletion of previously designated positions, and addition, deletion or modification of the specific types of investments, business positions, interests in real property and sources of income which are reportable by each designated position. Clarification has been made that consultants performing the duties of a designated position are subject to the reporting requirements of such position. Additionally, consultants who, under contract, participate in decisions which affect financial interests are required to file statements of Economic Disclosure disclosing reportable interests as determined by the City Manager. The Pier Restoration corporation and the Bayside District Corporation are listed for information purposes only. Each of these entities is required to adopt its own conflict of interest code and file financial disclosure statements in accordance with such codes. Copies of such disclosure statements are to be provided to the City Clerk. BUDGET/FINANCIAL IMPACT There are no budget or financial impacts from the recommendation contained in this staff report. 3 . . RECOMMENDATION It is respectfully recommended that the city council adopt the attached resolution amending the city's Conflict of Interest Code. PREPARED BY: Marsha Jones Moutrie, city Attorney Linda Moxon, Deputy City Attorney Maria stewart, city Clerk ATTACHMENTS: Resolution of the city council of the city of Santa Monica Repealing Resolution Number 6978 (CCS) Containing Its Existing Conflict of Interest Code and Establishing a New conflict of Interest Code 4 CA:f:atty\muni\laws\mox\conreso Santa Monica, California City Council Meeting 3-26-96 RESOLUTION NUMBER 9009 (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 6978(CCS) PERTAINING TO ITS CONFLICT OF INTEREST CODE AND ADOPTING A NEW CONFLICT OF INTEREST CODE TO REFLECT REVISIONS IN THE LAW AllD TO DESIGNATED POSITIONS AND FINANCIAL DISCLOSURE CATEGORIES WHEREAS, the Political Reform Act, Government Code Sections 81000 ~ seg. requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and t WHEREAS, on February 26, 1985, the City council of the city of b} Santa Monica adopted Resolution Number 6978 (CCS) which establishe~ 1101 the Conflict of Interest Code for the City of Santa Monica b incorporation of the provisions of a regulation of the Fa' Poll-tical Practices commission, set forth at 2 CaliforIl deSig Administrative Code Section 18730 which contained the terms Oi Posi. tj standard model Conflict of Interest Code; and .i.Ilt:e:r:- e~ tb. e c' ~b WHEREAS, the California Administrative Code has been ret' ~ as the California Code of Regulations, and it is necessa See'! reflect such change in title in the City'S Conflict of In ealf.:i ng d 1 - - -- - - - - -- -- - - - - COde. I and -------- - -- - --~~----- -~----~~~-------- ~---- ---------- - -- ------------- ------------- . EXHIBIT 1 DESIGNATED POSITIONS DISCLOSORE CATEGORIES (See attached EXHIBIT 2 for category definitions) City Attorney city Attorney * Assistant City Category 1 Deputy City Attorney Category 1 Consumer Affairs/Fair Housing category 1 Specialist City Clerk city Clerk category 1 Assistant city Clerk Category 1 ci,ty Manager city Manager * 1 Assistant City Manager Category 1 Cable TV Manager Category 1 d, Risk Manager Category 1 Loss Control Officer Category 1 :p Liability Claims Supervisor Category 1 Liability Claims Adjuster Category 1 ~c Workers Compensation Officer Category 1 Senior Management Analyst Category 1 sJ Information Systems Manager Category 1 Systems Development Supervisor category 1 Systems Analyst Category 2 Telecommunications Analyst Category 2 Community & Cultural Services .R Director Category 1 Assistant Director Category 1 Cultural Arts Administrator category 1 Event Facilities Manager category 1 Event Facilities Services Supervisor category 1 Human services Manager Category 1 Recreation Superintendent Category 2 Parks & Sports Manager Category 2 Senior Administrative Analyst Category 2 Community & Senior Program Category 1 Manager Finance Director category 1 Accounting Manager category 1 Budget Coordinator category 2 Purchasing Agent Category 2 Buyer Category 2 , . . DESIGNATED POSITIONS DISCLOSURE CATEGORIES Finance ( Con 't. ) License, Permit and Parking Category 3 Citation Supervisor city Treasurer * Assistant City Treasurer category 1 Senior Parking Meter Collector Category 3 Fire Fire Chief Category 1 Battalion Chief Category 2,3 Fire Captain Category 2,3 Fire Prevention Engineer Category 2,3 Fire Prevention Inspector Category 2,3 Environmental and Public Works Manaqement Director Category 1 City Engineer Category 4 civil Engineer Category 4 civil Engineer Assistant Category 4 Architect Category 4 Environmental Coordinator category 3 Senior Public Works Inspector Category 3 Senior Administrative Analyst Category 3 Street Inspector Category 2 Conservation coordinator Category 3 utilities Manager category 1 Water/Wastewater Superintendent Category 5 Water Production/Treatment Category 5 Superintendent Waste Reduction Coordinator Category 5 Solid waste Operations Manager Category 5 Plannina and Community Development Director Category 1 Building Officer Category 4 Senior Building Inspector Category 3,4 senior Building Housing Inspector Category 3,4 Building Inspector Category 3,4 Senior Electrical Inspector Category 3,4 Senior Mechanical/Plumbing Inspector Category 3,4 Building/Safety Operations Category 4 Supervisor Plan Check Engineer Category 4 Planning Manager Category 4 Associate Planner Category 4 Assistant Planner Category 4 Zoning Inspector Category 4 Parking & Traffic Engineer Category 2 Transportation Management category 3 Coordinator 2 ~- - -- -~ - ------- --~--~ - -- ~~ -~~- ~- ~ ~ , 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. 7