SR-032696-6D
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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
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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
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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.
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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
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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
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WHEREAS, on February 26, 1985, the City council of the city of
b} Santa Monica adopted Resolution Number 6978 (CCS) which establishe~
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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
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~b WHEREAS, the California Administrative Code has been ret'
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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
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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
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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
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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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