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R-10454f: atty\muni\laws\mjm\conflict2009ResoFina1020910 City Council Meeting 2-9-10 Santa Monica, California RESOLUTION NUMBER 10454 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 10272(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 sew., 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 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 designated positions and the financial disclosure categories for each designated position; and WHEREAS, on February 13, 2001, the City Council adopted Resolution Number 96.17 (CCS) which revised the City's Conflict of Interest Code to update the list of 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 designated positions and the financial disclosure categories for each designated position; and WHEREAS, on December 13, 2005, the City Council adopted Resolution Number 10098 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and WHEREAS, on February 12, 2008, the City Council adopted Resolution Number 10272 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and WHEREAS, it is necessary to update Exhibit 1 to Resolution Number 10272 (CCS), 2 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 currently existing positions and job duties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Resolution Number 10272 (CCS) is hereby 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 orto 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. Additionally, any person hired for a position not covered by the Code, who makes or participates in making a governmental decision shall file a Statement of Economic Interest. 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. 3 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: City MOUTRIE 4 EXHIBIT 1 DESIGNATED POSITIONS DISCLOSURE CATEGORIES (See attached EXHIBIT 2 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 Manager City Manager Assistant City Manager Category 1 Deputy City Manager Category 1 Assistant to City Manager for Management Services Category 1 Assistant to City Manager for Community And Government Relations Category 1 Cable TV Manager Category 1 Publications Manager Category 2 Airport Manager Category 1 Airport Operations/Noise Management Supervisor Category 2 Planning and Administration Manager Category 2 Environmental Programs Manager Category 1 Senior Environmental Programs Analyst - Hazardous Material Category 2 Senior Environmental Programs Analyst - Sustainable Cities Category 2 Senior Administrative Analyst -Urban Runoff Category 2 Energy and Green Building Programs- Administrator Category 2 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Community Maintenance Director Category 1 Maintenance Manager Category 1 Custodial Services Manager Category 1 Custodial Services Superintendent Category 2 Custodial Contracts Administrator Category 2 Custodial Supervisor Category 3,4 Senior Administrative Analyst Category 4 Building Services Engineer Category 1 Civil Engineer Category 1 Construction Projects Supervisor Category 3,4 Facilities Maintenance Superintendent Category 2 Fleet Maintenance Superintendent Category 2, Fleet Maintenance Supervisor Category 3,4 Warehouse Operations Supervisor Category 3,4 Community Forest & Public Landscape Superintendent Category 2 Community Forest Supervisor Category 3,4 Park Operations Supervisor Category 3,4 Public Landscape Manager Category 1 Public Landscape Superintendent Category 2 Public Landscape Supervisor Category 3,4 Beach Maintenance Supervisor Category 3,4 Pier & Airport Maintenance Supervisor Category 3,4 Promenade Maintenance Supervisor Category 3,4 Community & Cultural Services Director Category 1 Assistant Director Category 1 Senior Administrative Analyst - Parks & Community Facilities Planning Category 3,4 Beach House Venue Manager Category 2 Beach Recreation Supervisor Category 3,4 Cultural Affairs Manager Category 1 .Cultural Affairs Supervisor Category 3,4 Civic Auditorium Venue Manager Category 1 Civic Auditorium Facility Superintendent Category 2 Civic Auditorium Maintenance Supervisor Category 3,4 Civic Auditorium Event Supervisor Category 3,4 Civic Auditorium Business Administrator Category 2 Human Services Administrator Category 2 6 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Community & Cultural Services - cont Human Services Manager Category 1 Community Recreation Manager Category 1 Community Use Administrator Category 3 Community Services Program Supervisor Category 3,4 Principal Community Services Supervisor Category 3,4 Senior Human Services Program Analyst Category 3,4 Finance Director/City Treasurer Category 1 Assistant Director of Finance Category 1 Principal Investment Analyst Category 2 Internal Audit Manager Category 2 Financial Operations Manager Category 1 Financial Systems Development Coordinator Category 2 Principal Budget Analyst Category 2 Senior Accountant Category 2 Purchasing Agent Category 2 Senior Buyer Category 2 Buyer Category 2 Financial Reporting Supervisor Category 2 Disbursements Supervisor Category 2 Payroll Supervisor Category 2 Business & Revenue Operations Manager Category 1 Revenue Operations Supervisor Category 2,3 Revenue Collections Supervisor Category 2,3 Revenue Collections Administrator Category 1 Revenue Operations Analyst Category 2,3 Senior Revenue Collections Assistant Category 2,3 Senior Revenue Operations Assistant Category 2,3 Risk Manager Category 1 Risk Control Officer Category 1 Liability Claims Administrator Category 1 Liability Claims Adjuster Category 1 Workers' Compensation Administrator Category 1 Senior Workers' Comp Claims Examiner Category 1 Senior Claims Examiner Category 1 Water Resources Billing Supervisor Category 2 Parking Coordinator Category 1 7 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Fire Fire Chief Category 1 Deputy Fire Chief Category 1 Battalion Chief, Support Services Division Category 3,4,5 Battalion Chief, Training Division Category 3.4.5 Fire Captain, Paramedic Coordinator Category 3,4,5 Fire Captain, Vehicle Maintenance Coordinator Category 3,4,5 Fire Captain, Training Division Category 3,4,5 Fire Marshal Category 3,4,5 Assistant Fire Marshal Category, 3,4,5 Communications Center Supervisor Category 2 Battalion Chief/Platoon Commander Category 2 Emergency Services Coordinator Category 3,4,5 Senior Administrative Analyst Category 2,5 Public Works Director/City Engineer Category 1 Assistant Director Category 1 Assistant City Engineer Category 1 Principal Civil Engineer Category 1 Civil Engineer Category 1 Principal Architect Category 1 Architect Category 1 Architectural Associate Category 1 Project Manager Category 1 Associate Project Manager Category 1 Engineering Project Specialist Category 1 Senior Public Works Inspector Category 3 Senior Administrative Analyst Category 3 Civil Engineering Associate Category 1 Civil Engineering Assistant Category 1 Supervising Civil Engineer Category 1 Water Resources Manager Category 1 Water Resources Engineer Category 1 Water/Wastewater Administrator Category 2,3 Water Production and Treatment Administrator Category 2,3 Assistant to the City Manager -Special Projects Category 1 Public Works Utilities Inspector Category 3 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Public Works cont Street Maintenance Superintendent Category 2,3 Solid Waste Collections Superintendent Category 2,3 Solid. Waste Systems Superintendent Category 2,3 Solid Waste Materials Recovery Superintendent Category 2,3 Cemetery Administrator Category 2,3 Water Resources Protection Programs Administrator Category 2,3 Senior Water Resources Protection Specialist Category 3 Planning and Community Development Director Category 1 Assistant Director Category 1 Special Projects Manager Category 1 Deputy Director, Special Projects Category 1 Transportation Demand Program Manager Category 3,4 Strategic Planning Manager Category 3,4 Building Officer Category 3,4 Assistant Building Officer Category 3,4 Code Compliance Supervisor Category 3,4 Senior Combination Building Inspector Category 3,4 Combination Building Inspector I/II/III Category 3,4 Code Compliance Officer I/II Category 3,4 Inspection Supervisor Category 3,4 Plans Examiner I/II/III Category 3,4 Plan Check Supervisor Category 3,4 Principal Plan Check Engineer Category 3,4 Senior Plan Check Engineer Category 3,4 Planning- Manager Category 3,4 Principal Planner Category 3,4 Senior Planner Category 3,4 Associate Planner Category 3,4 Assistant Planner Category 3,4 Principal Urban Designer Category 3,4 Transportation Planning Manager Category 3,4 Special Projects Engineer Category 3,4 Associate Transportation Engineer Category 3,4 Principal Transportation Engineer Category 3,4 Principal Transportation Planner Category 3,4 9 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Plannino and Community Development cont Senior Transportation Planner Category 3,4 Transportation Planning Associate Category 3,4 Traffic Operations Supervisor Category 3,4 Building and Safety Supervisor Category 3,4 Library City Librarian Category 1 Assistant City Librarian Category 1 Housing and Economic Development Director Category 1 Administrative Services Officer Category 2,3 Housing Manager Category 1 Senior Housing Specialist Category 4 Senior Administrative Analyst Category 4 Administrative Analyst Category 3 Farmer's Market Supervisor Category 3,4 Farmers Market Coordinator I/II Category 3 Redevelopment Administrator Category 2,3 Senior Development Analyst Category 3 Economic Development Manager Category 1 Housing Administrator Category 1 Housing Authority Administrator Category 2 Human Resources Director Category 1 Human Resources Manager Category 1 Senior Human Resources Analyst Category 3 Information Systems Chief Information Officer Category 1 Software Systems Officer Category 2 Communications Engineer Category 2 Systems & Network Officer Category 2 Network Engineer Category 2 Police Police Chief Category 1 Deputy Chief Category 1 Police Captain Category 2,3 10 DESIGNATED POSITIONS Records and Election Services Director of Records and Election (City Clerk) Assistant Director of Records anc (Assistant City Clerk) Rent Control Administrator General Counsel SeniorLitigation Attorney Staff Attorney Hearing Officer Hearings Manager Lead Hearing Officer Public Information Manager Budget/Office Coordinator Big Blue Bus (Municipal Bus Administration) DISCLOSURE CATEGORIES Services Category 1 Election Services Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 2 Director of Transit Services Category 1 Deputy Director Category 2 Assistant Director of Transit Services Category 1 Transit Maintenance Manager Category 2 Transit Services Manager Category 2 Transit Operations Superintendent Category 2 Transit Customer Relations Administrator Category 2 Marketing & Public Information Coordinator Category 2 Advertising Coordinator Category 2 Customer Service Supervisor Category 2 Transit Facilities Maintenance Superintendent Category 2 Motor Coach Services & Facilities Maintenance Supervisor Category 2 Transit Services Superintendent Category 2 Transit Maintenance Vehicle Superintendent Category 2 Transit Programs and Business Services Manager Category 2 Procurement Supervisor Category 2 Transit Safety & Security Officer Category 2 11 DESIGNATED POSITIONS 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 Housing Commission Members Landmarks Commission Members Library Board Members Measure V Citizens Oversight Committee Personnel Board Members Planning Commission Members Recreation and Parks Commission Members Rent Control Board Commissioners Social Services Commission Members "Acting" Positions Consultants'* Non-Profit Public Benefit Corporations°' Bayside District Corporation Pier Restoration Corporation DISCLOSURE CATEGORIES 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 Category 6 Category 6 Category 6 Subject to the same disclosure requirements as the applicable designated position in which the person is "acting." Category 1 "Disclosure obligations for these designated positions are set forth in Government Code Section 87200 et seg.. These positions are designated in this Conflict of Interest Code solely for disqualification purposes. "~Cohsultants performing the duties of any designated position shall be required to 12 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. 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 ih 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 atwo- 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. 13 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 atwo-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. 14 Adopted and approved this 9th day of February, 2010. Pam O'Connor, Mayor Pro Tem I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10454 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 9th day of February, 2010, by the following vote: Ayes: Council members: Bloom, Davis, Holbrook, McKeown Mayor Pro Tem O'Connor Noes: Council members: None Abstain: Council members: None Absent: Council members: Shriver ATTEST: ____.~ l~ Maria M. Stewa ,City Clerk