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R10272f: atty\m u n ill aws\mj m\confl ict2 007 City Council Meeting 2-12-08 Santa Monica, California 10272 RESOLUTION NUMBER (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 10098 (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 seg., 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 9617 (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; 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, it is necessary to update Exhibit 1 to Resolution Number 10098 (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 currently existing positions and job duties, 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Resolution Number 10093 (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 or to 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. 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 ,� TORM: KI EXHIBIT 1 DESIGNATED POSITIONS DISCLOSURE CATEGORIES (See attached EXHIBIT 2 for category definitions) City Attornej( City Attorney Assistant City Attorney Category 1 Deputy City Attorney Category 1 Consumer Affairs/Fair Housing Category 1. Specialist Citv Manaaer City Manager Category 1 Assistant City Manager Category 1 Deputy City Manager Category 1 Assistant to City Manager for Management Category 2 Services Category 1 Assistant to City Manager for Community Category 2, 3 And Government Relations Category 1 Cable TV Manager Category 1 Publications Coordinator Category 2 Airport Manager Category 1 Airport Operations/Noise Supervisor Category 4 Communitv Maintenance Director Category 1 Maintenance Manager Category 1 Custodial Services Manager Category 1 Custodial Services Superintendent Category 2 Senior Administrative Analyst Category 4 Facilities Superintendent Category 2, 3 Fleet Maintenance Superintendent Category 2, 3 Community Forest & Public Landscape Superintendent Category 2 Park Operations Superintendent Category 2 Traffic Operations Supervisor Category 3, 4 Public Landscape Manager Category 1 4 Communitv & Cultural Services Director Category 1 Assistant Director Category 1 Cultural Affairs Manager Category 1 Civic Auditorium Manager Category 1 Civic Auditorium Business Administrator Category 2 Civic Operations Superintendent Category 2 Human Services Administrator Category 2 Human Services Manager Category 1 Community Programs Manager Category 1 Open Space Manager Category 1 Community Use Administrator Category 3 Finance Director/City Treasurer Category 1 Assistant Director of Finance Category 1 Internal Auditor Category 1 Financial Operations Manager Category 1 Financial Systems Development Coordinator Category 2 Principal Budget Analyst Category 2 Principal Budget Analyst -Investments Category 1 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 Revenue Operations Supervisor Category 2,3 Revenue Collections Supervisor Category 2,3 Revenue Operations Analyst Category 2,3 Revenue Manager 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 5 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Fire Category 1 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 Category 1 Coordinator Category 3,4,5 Senior Fire Inspector - Haz Mat Category 3,4,5 Fire Marshal Category 3,4,5 Senior Administrative Analyst Category. 2,5 Environmental and Public Works Manaaement Director Category 1 Assistant Director Category 1 City Engineer Category 1 Principal Civil Engineer Category 1 Civil Engineer Category 1 Associate Project Manager Category 1 Civil Engineer Associate Category 1 Civil Engineer Assistant Category 1 City Architect Category 1 Engineering Project Specialist Category 1 Senior Public Works Inspector Category 3 Senior Administrative Analyst Category 3 Environmental Programs Manager Category 1 Energy and Green Building Program Administrator Category 2 Senior Environmental Analyst — Hazardous Materials Category 2 Senior Administrative Analyst — Urban Runoff Category 2 Senior Environmental Analyst — Sustainable City . Category 2 Engineering Support Services Supervisor Category 1 Senior C.E. Drafting Technician Category 3 Water Resources Manager Category 1 Water Resources Engineer Category 1 Water/Wastewater Superintendent Category 2,3 G9 Environmental and Public Works Management - contd Water Production/Treatment Superintendent Category 2,3 Solid Waste Operations Manager Category 1,5 Public Works Utilities Inspector Category 3 Senior Public Works. Inspector Category 3 Street Maintenance Superintendent Category 2,3 Solid Waste Collections Superintendent Category 2,3 Solid Waste Systems Superintendent Category 2,3 . Material Recovery Superintendent Category 2,3 Cemetery Administrator Category 2,3 Water Resources Protection Programs Category 3,4 Administrator Category 2,3 Senior Water Resources Protection Category 3,4 Specialist Category 3 Planninq and Community_ Development Director Category 1 Assistant Director Category 1 Special Projects Manager Category 1 Development Services Officer Category 1 Building Officer Category 3,4 Assistant Building Officer Category 3,4 Code Compliance Supervisor Category 3,4 Combination Building Inspector 1/11/111 Category 3,4 Code Compliance Officer 1/11 Category 3,4 Inspection Supervisor Category 3,4 Plans Examiner I/11/111 Category 3,4 Plan Check Supervisor 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 Urban Designer Category 3,4 Transportation Planning Manager Category 3,4 Transportation Management Coordinator Category 3,4 Special Projects Engineer Category 3,4 Senior Transportation Planner Category 3,4 Transportation Engineer Category 3,4 Transportation Planning Associate Category 3,4 Parking Coordinator Category 3,4 7 Planning and Community Development a contd Permit Supervisor Library City Librarian Assistant City Librarian Human Resources Director Assistant Director Labor & Employee Relations Manager Employment Services Manager Senior Human Resources Analyst Information Systems Chief Information Officer Software Systems Officer Telecommunications Analyst Systems & Network Officer Network Engineer Police Police Chief Deputy Chief Police Captain .. • ...... Category 3,4 Category 1 Category 1 Category 1 Category 1 Category 1 Category 1 Category 3 Category 1 Category 2 Category 2 Category 2 Category 2 Category 1 Category 1 Category 2,3 Records and Election Services Director of Records and Election Services (City Clerk) Category 1 Assistant Director of Records and Election Services (Assistant City Clerk) Category 1 Rent Control Administrator Category 1 General Counsel Category 1 Senior Litigation Attorney Category 1 Staff Attorney Category 1 Hearing Examiner Category 3 Hearings Manager Category 1 Public Information Manager Category 2 Budget/Office Coordinator Category 2 8 Housing and Economic Development Category 1 Director Category 1 Administrative Services Officer Category 2,3 Housing and Redevelopment 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 Category 3 Redevelopment Administrator Category 2,3 Economic Development Manager Category 1 Housing Administrator Category 1 Housing Authority Administrator Category 2 Biq Blue Bus (Municipal Bus Administration) Director of Transit Services Category 1 Assistant to the 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 Transit Facilities Maintenance Superintendent Category 4 Motor Coach Services -& Facilities Maintenance Supervisor Category 2. Transit Services Superintendent Category 5 Transit Vehicle Maintenance Superintendent Category 5 Assistant Director - Transit Operations Category 2 Transit Programs and Business Services Manager Category 2 Procurement Supervisor Category 2 Citv 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 I City Council, Boards and Commissions - contd Building and Safety Commission Members City Council Members Category 6 Commission For Senior Community Members Category 6 Commission on the Status of Category 6 Women Disabilities Commission Members Electrical 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 "Acting" Positions Consultants** Non -Profit Public Benefit Corporations*** Bayside District Corporation Pier Restoration Corporation 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 87206 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. 10 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 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. 11 . 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. 12 Adopted and approved this 12th day of February, 2008. Herb Kaki, Mayor I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10272 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 12th day of February, 2008, by the following vote: Ayes: Council members: Genser, Holbrook, McKeown Mayor Pro Tem Bloom, Mayor Katz Noes: Council members: None Abstain: Council members: None Absent: Council members: O'Connor, Shriver ATTEST: Maria Stewart�Cityy �Irk