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MAR 2 5 1997
Salta MOl1lca, California
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City Council Meeting 3-25-97
TO Mayor and City Council
FROM City Attorney
SUBJECT Resolution Repealing Resolution Number 9009 (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 recommends that the City Council adopt the attached Resolution which
amends the list of positions for which Statements of Economic Interest must be filed
("designated positions") pursuant to the City's Conflict of Interest Code and state law
BACKGROUND
State law and the City's Conflict of Interest Code require certain City employees and
offiCials to complete and file Statements of EconomiC Interest with the City Clerk Generally
speaking, the employees who must file such statements are those who qualify as "decIsion
makers" under gUidelines established by the Fair Political Practices Commission
In order to comply With these requirements the City maintainS a list of deSignated positions
The City CounCil last revised the list of deSignated positions on March 26, 1996 by adopting
1
CoL
MAR 2 5 1997
Resolution Number 9009 (ecs)
In the last year, some positions have been added, some have been deleted] and some titles
have changed The list of designated positions needs to be updated to reflect those
changes Additionally, the list of designated positions approved by Resolution Number
9009 (eCS) was generated with limited Input from Department Heads and others
knowledgeable about the specific Job duties attendant upon each designated position
Information subsequently received from Department Heads indicates that the list was under-
inclUSive In some respects and over-Inclusive In others The list of designated positions
needs to be revised to reflect thiS information
The attached resolution readopts the City's Conflict of Interest Code and revises the list of
designated pOSItions
RECOMMENDATION
It IS respectfully recommended that the City Council adopt the attached resolution
PREPARED BY
Marsha Jones Moutne, City Attorney
Mana Stewart, City Clerk
2
f atty\muni\laws\mJm\conflict. res
City Council Meeting 3-25-97 Santa MOnica, CalifornIa
RESOLUTION NUMBER 9132 (CCS)
(City Council Senes)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REPEALING RESOLUTION
NUMBER 9009 (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 ~ sag,
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 C'deslgnated pOSitions") and the financial disclosure categones for each deSignated
pOSitIon, and
1
WHEREAS, It is necessary to update Exhibit 1 to Resolution Number 9009 (eCS),
which contains the list of deSignated posItions subject to the Conflict of Interest Code and
the financial disclosure categones 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 9009 (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 financial disclosure
categones, 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 authonty to carry out the duties of filing officer
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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
}r; aA sh iAAJ!_ -:t.<<-d1v<-~-C
MARSHA JONES MOUTRIE
City Attornet
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EXHIBIT 1
DESIGNATED POSITIONS
Cltv Attornev
- -
City Attorney
Assistant City
Deputy City Attorney
Consumer AffaI rs/F alf Housing
Specialist
Cltv Clerk
CIty Clerk
Assistant City Clerk
City Manager
City Manager
Assistant City Manager
Cable TV Manager
Risk Manager
Loss Control Officer
Liability Claims SupervIsor
Llablllty Claims Adjuster
Workers Compensation Officer
Senior Management Analyst
Information Systems Manager
Systems Development Supervisor
f". ._~___ ^ __I. ._~
....1......11'.. ""u IC:;U y;;n
Telecommunications Analyst
'Qchn,c~1 Services 5..peiv,sor
Community & Cultural Services
Director
Assistant DIrector
Cultural Arts Administrator
Event FaCIlities Manager
Event FaCIlities Services Supervisor
Human Services Manager
n___~I"'"~'__ f". .___._~__-'__4.
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Parks & Sports Manager
~~iiior Adiiiiiii3tigtiy'~ Aii';:J.~t
Commumty & Senior Programs
1
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DISCLOSURE CATEGORIES
(See attached EXHIBIT 2
for category definitions)
*
Category 1
Category 1
Category 1
Category 1
Category 1
*
Category 1
Category 1
Category 1
Category 1
Category 1
Category 1
Category 1
Category 1
Category 1
Category 1
,..._.1._____ olII"'\
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Category 2
Ca:Qg~r~ 1
Category 1
Category 1
Category 1
Category 1
Category 1
Category 1
,..,_.L____.. r'\
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Category 2
""_...____~ 1"\
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Category 1
-
~
DESIGNATED POSITIONS
Communltv and Cultural Services cent.
Manager
BeaCh Manager
H:.man Ser.' CE.S Coo"d.ria"::Jf
Flnanc~
Director
Accounting Manager
Budget Coorall"lstor Manager
Purchasing Agent
Buyer
License, Permit and Parking
Citation Supervisor
City Treasurer
Assistant City Treasurer
Semor Parking Meter Collector
Fife
Fire Chief
Battalion Chief
Fire Captain
Fire Prevention Engineer
Fire Prevention Inspectof
Dep...t~' C;,,;ef
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'\"I~ ..I....r "'1 e "n~l/st
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C:::I-r,-- ...n.::~~.o.,s S.JPefVfsor
Staff Captain
EnVironmental and Public Works Management
Director
City Engineer
Sen,or CI'J:. Englneel
Civil Engineer
C...I Eng -e-er Assc:late
Civil Engineer ASSistant
Arch Itect
EnVironmental Coordinator
Semor Public Works Inspector
Semof Administrative Analyst
""'I.____.&_ 1_____,l__
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Conservation Coordinator
2
DISCLOSURE CATEGORIES
Category 2
Category 2
Category 1
Category 1
Category 2
Category 2
Category 2
Category 3
*
Category 1
Category 3
Category 1
Category %,3*5
Category 2,3At5
Category 2,3A.5
Category %.3..4.5
Category 2.5
C~tegory 3 4.5
Ca~egory 2 ~
Ca~egory 5
Ca~egory 7 ::
Category 1
Category 4
Category 4
Category 4
Ca~cgory 4
Category 4
Category 4
Category 3
Category a 4
Category 3
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Category 3
DESIGNATED POSITIONS
EnvIronmental and Public Works Manaaement cont.
Utilities Manager
WaterlWastewater Supenntendent
Water ProductlonfTreatment
Supenntendent
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Solid Waste Operations Manager
A:ir.;:r1Is:rctlve Services Officer
Ma ntena~ce t"l'Iana~9r
PlJb..c V.Jcrks Inspector
S:ree: Ma.ntcnancQ Sup:mr.~endant
E,ec;rlcaliPFM Supenntendent
Fleet Maln;enance Superintendent
ScholNaste Collections SU:;lc:r'J.scr
SO:ldwaste Systems S~r:en!1ter.den'
Sc:;d..vaste Ma;enal Re::o'ver)' S.JJ::en.,tC!.,d~nt
Cerr:e:ery Super .ntendent
p. e:rc-a~mE::nt Cocrd.:1a:or
U:II.tlc.ii Lr:; neer
E1\.r::mrflc"":t~llnspc=tor
Plannlno and Commumtv Develooment
- -
Director
BUilding Officer
Senior BUilding Inspector
Sentor BUilding Housing Inspector
BUilding Inspector
SenIor Electncal Inspector
Senior Mechanical/Plumbing Inspector
n. ..I......__/~_Z_..,n _ ,,____.1..___
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Supervl$or
Plan Check Engineer
Planning Manager
Associate Planner
ASSistant Planner
ZOning Inspector
Parking & Traffic Engineer
Transportation Management
Coordinator
Adrr:.rlIs~ratlve Ser\' .ces;Offlcer
San.or Pla'lner
S.Jpcrvlslng B...ald.r~; li'ispD'c~cr
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DISCLOSURE CATEGORIES
Category 1
Category 5
Category 5
"'_&_---. ~
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Category 5
Category 2 3:
Category 2
Category 4
Cate~ory 2
Category 2
Category 2
Caleaory 2
Category 2
Catetlory 2
Cateaory 2
Category 4
Category 4
Category 4
Category 1
Category 3A
Category 3,4
Category 3,4
Category 3,4
Category 3,4
Category 3,4
,....-...----. ..
....g....~""t 1 "'T
Category 3,4
Category 3,4
Category 3,4
Category 3.4
Category 4
Category 2-3
Category 3
Category 3
Ca~egory 3A
Ca:cgory 4
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DESIGNATED POSITIONS
Planning and Community Develooment cant
Senior Traffic Eng.r.eer
Special PrcJects Enj;lneer
CIvil Erg,fieenng ASSOciate
Traffic Operations Supervisor
Llbrarv
City Llbranan
Assistant City lIbranan
Personnel
Director
Personnel Services Manager
Semor Personnel Analyst
Pollee
Pollee Chief
:r"'\_I.____ ~_______...
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J"'\_I.__ I .__ ....____..
I UllwlJ;Oii ~..............t 'QI II.
Pollee Captain
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1J'WIIIVI ,"",UilIIU II~'I g". Yv r\IIQI11ij;j11"
Rent Control
Administrator
General Counsel
Staff Attorney
Heanng ExamIner
Heanngs Department Manager
Public Information Manager
Senior Operations Analyst
Resource Manaaement
Director
Housing end Redevelopment
Manager
Senior Administrative Analyst
Airport Manager
Farmers Market Coordinator
Administrative Services Officer
Lcc.it;rr..;; De\'clcpme:i~ Ma:"':ege"
Ho..s;rg Coord,na:or
4
DISCLOSURE CATEGORIES
Category 3 4
C&:egory 3 4
Category 3 4
Category 2 4
Category 1
Category 1
Category 1
Category 3
Category 3
Category 1
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Category 2,3
ro_&____. "l
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Category 1
Category 1
Category 1
Category 3
Category 1
Category 2
Category 2
Category 1
Category 1
Category 4
Category 1
Category 3
Category 2 3
Ca:egcr)' 1
Calagory ,
OeSIGNA TED POSITIONS
TransDortatlon
(Municipal Bus Administration)
Director
Assistant Director
Transportation Maintenance
Manager
T______.....i_....__ . ._:_.L__ ____
. I QI Ili;Jt-'UI ..g...UI I .YIQII ......-1 ICilI I'WV
Superintendent
A .....I_a_a_.L__.&...-_ ~__ .::'_____ ,...~___
T'"'\.....'t-lIll1~..I...UV'liif ,",vi ....~~ V"'IIW'Ii;iii't
Transit Admln:stratlon Manager
Trans.t Services Managur
Trans,: Development and Inter-
Govormner1tal Relatl::ms Manager
Tr,Jns.t FSlCllltlas MaIntenance and
Ven,c:a En;;llncenng Manager
Cltv CouncIl. Boards and CommisSions
Airport CommisSion Members
Architectural Review Board
Members
AcceSSibility Board of Appeals
BUilding and Safety CommisSion
Members
City Council Members
Commission on Older Amencans
CommisSion on the Status of
Women
Electncal 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
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DISCLOSURE CATEGORIES
Category 1
Category 1
Category 2
C~~~~~;-/2
,..-~- ---. ...,.
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Category 2
Cate~ory 2
Calegory 2
Category 2
Category 6
Category 6
Category 6
Category 6
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Category 6
Category 6
Category 6
Category 6
Category 6
Category 6
Category 6
Category 6
Category 6
Category 6
Category 6
Category 6
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. -
DESIGNATED POSITIONS
DISCLOSURE CATEGORIES
"Actlno" 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
CorooratlOns***1
Bayside District Corporation
Pier Restoration Corporation
*Dlsclosure 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
"*Llsted for Information purposes only These corporations are not subject to the
City's conflict of Interest code Instead, they must adopt their own conflict of Interest codes
Disclosure statements are filed With the respective corporation pursuant 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
IBudget is funded by city of Santa Monica.
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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 DUSlness 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 junsdlctlon 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
appropnate 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 mcome of the type which manufacture, sell or prOVide services, supplies,
matenals, 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 authonty 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,
matenals, machinery, services or equipment utilized by the employee's department,
Interests In real property located Within Santa Momca, including property located WIthin a
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two-n1lle 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.
8
Adopted and approved thIS 25th of March, 1997
~ .......\.
" I ,f! /1/1 'I ' t a-: < '/1 ~r-----
,./ v.... r v' L J v
p-c:tm O'Connor. Mavor
I .
I. Mana M Stewart, Clly Clerk of the Cny of Santa MOllIca.. do hereby certIfy that the
foregomg ResolutIOn 9132(CCS) was duly adopted at ameetmg of the Clly Counctl held on the
25th of March. 1997 by the follo\vmg vote
Ayes
Councllmembers
Ebner. Femstem. Genser. Mayor O'Connor. Rosenstem
Noes
Councllmembers
None
Abstam
C ouncllmembers
None
Absent
Counctlmembers
Greenberg, Mayor Pro Tern Holbrook
ATTEST
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i~o..d:-
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Mana 1'.1 Stewart, CIty Clerk