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R-9489 f:atty\muni\laws\mjm\conflt-1.wpd City Council Meeting 3-7-00 Santa Monica, California RESOLUTION NUMBER 9489 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 9132 (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 seQ., requires every state or local government agency to adopt and promulgate a Conflict of I nterest 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 positions for which Statements of Economic Interest are required to be filed ("designated positions") and the financial disclosure categories for each designated position; and WHEREAS, it is necessary to update Exhibit 1 to Resolution Number 9132 (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 existing positions and job duties, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Resolution Number 9132 (CCS) is repealed in its entirety.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 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, 2 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 TO FORM: Sf MARSHA JONES MOUTRIE City Attorney 3 Adopted and approved this ih of March, 2000 Sf Ken Genser, Mayor I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution 9489 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 7th of March, 2000, by the following vote: Ayes:Council members:Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O=Connor, Mayor Genser Noes:Council members:None Abstain:Council members:None Absent:Council members:None ATTEST: Sf Maria M. Stewart EXHIBIT 1 1 DESIGNATED POSITIONS DISCLOSURE 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 City Manaoer City Manager * Assistant City Manager Category 1 Assistant to City Manager for Government Relations Category 1 Assistant to City Manager for Management Services Category 1 Cable TV Manager Category 1 Communications Coordinator Cateoory 1 Publications Manaoer Cateoory 2 Risk Manager Category 1 Risk Control Officer Category 1 Liability Claims Supervisor Category 1 Liability Claims Adjuster Category 1 Workers Compensation Officer Category 1 Senior Management J\nalyst Category 1 Information Systems Manager Category 1 Chief Information Officer Cateoory 1 Systems Development Supervisor Category 1 Software & Support Services Officer Cateoory 2 Telecommunications Analyst Category 2 Technical 8ervicec 8upervicor Category 1 Systems & Network Officer Cateoory 2 Community & Cultural Services Director Category 1 Assistant Director Category 1 Cultural Affairs Administrator Manaoer Category 1 DESIGNATED POSITIONS DISCLOSURE CATEGORIES 2 Community and Cultural Services cont. Event Facilities Manager Category 1 Event Services Supervisor Category 1 Human Services Manager Category 1 Parks & Sports Manager Category 2 Community & Senior Programs Manager Category 1 Beach Manager Category 2 Human Services Supervisor Category 2 Finance Director Category 1 J\ccounting Manager Category 1 Budget Manager Category 2 Financial Operations Manaqer Cateqory 1 Principal Budqet Analyst Cateqory 2 Purchasing Agent Category 2 Buyer Category 2 Financial Reportinq Supervisor Cateqory 2 Disbursements Supervisor Cateqory 2 License, Permit and Parking Category 3 Meter 8upervicor License and Permit Supervisor Cateqory 3 Parkinq Meter Supervisor Cateqory 3 City Treasurer * Assistant City Treasurer Category 1 Senior Parking Meter Collector Category 3 Fire Fire Chief Category 1 Battalion Chief/Division Chief/Deputy Chief Category 3,5 Fire Captain Category 3,4,5 Fire Prevention Engineer Category 3,4,5 Senior Fire Prevention Inspector Category 3,4,5 Deputy Chief Category 2,5 Assistant Chief/Fire Marshal Category 3,4,5 Senior Administrative Analyst Category 2,5 Communications Supervisor Category 5 Administrative .staff. Captain/Paramedic Coordinator Category 2,5 3 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Environmental and Public Works Manaqement Director Category 1 City Engineer Category 41 Senior Civil Engineer Category 41 Civil Engineer Category 41 Civil Engineer Associate Category 41 Civil Engineer Assistant Category 41 Senior Architect Category 41 Environmental Coordinator Category 3 Enqineerinq Proiect Specialist Cateqory 1 Senior Public Works Inspector Category 41 Senior Administrative Analyst Category 61 Conservation Coordinator Category 3 Engineering Support Services Supervisor Category 1 Utilities Manager Category 1 Water/Wastewater Superintendent Category 5 Water Production/Treatment Category 5 Superintendent Solid Waste Operations Manager Category 5 Administrative Services Officer Category 2,3 Maintenance Manager Category 2 Public Works Inspector Category 41 Street Maintenance Superintendent Category 2 Electrical/PFM Superintendent Category 2 Fleet Maintenance Superintendent Category 2 Solidwaste Collections Supervisor Category 2 Solidwaste Systems Superintendent Category 2 Solidwaste Material Recovery Superintendent Category 2 Cemetery Superintendent Category 2 Pretreatment Coordinator Category 4 Utilities Engineer Category 4 Environmental Inspector Category 4 Planninq and Community Development Director Category 1 Deputy Director Category 3,4 Building Officer Category 3,4 Senior Building Inspector Category 3,4 Senior Building Housing Inspector Category 3,4 Building Inspector Category 3,4 Code Compliance Officer Category 3,4 4 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Planninq and Community Development cont. Supervisinq Code Compliance Officer Cateqory 3.4 Supervisinq Inspector Cateqory 3.4 Code Enforcement Inspector Category??? 8enior Electricallncpector Category 3, 1 Senior Mechanical/Plumbing Inspector Category 3, 1 Plan Check Engineer Category 3,4 Senior Plan Check Enqineer Cateqory 3.4 Supervisinq Plan Check Enqineer Cateqory 3.4 Planning Manager Category 3,4 Associate Planner Category 3,4 Assistant Planner Category 3,4 Principal Planner Cateqory 3.4 Zoning Inspector Category 4 Parking & Traffic Engineer Category 3 Transportation Planninq Manaqer Cateqory 3.4 Transportation Management Category 3 Coordinator Administrative Services Officer Category 3...1 Senior Planner Category 3,4 Supervising Building Inspector Category 4 Senior Traffic Engineer Category 3,4 Special Projects Engineer Category 3,4 Civil Engineering Associate Category 3, 1 Transportation Planninq Associate Cateqory 3.4 Traffic Operations Supervisor Manaqer Category 2-;4 3.4 Traffic Operations Superintendent Cateqory 2 Library City Librarian Category 1 Assistant City Librarian Category 1 Personnel Director Category 1 Personnel Services Manager Category 3 Administrative Services Coordinator Category 3 Employee Services Manaqer Cateqory 3 Police Police Chief Category 1 Police Captain Category 2,3 5 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Rent Control Administrator Category 1 General Counsel Category 1 Staff Attorney Category 1 Hearing Officer Category 3 Hearings Department Manager Category 1 Public Information Manager Category 2 Senior Operations Analyst Category 2 Resource Manaqement Director Category 1 Housing and Redevelopment Manager Category 1 Senior Housinq Specialist Cateqory 4 Senior Administrative Analyst Category 4 Airport Manager Category 1 Noise Officer Cateqory 4 Farmers Market Coordinator Category 3 Administrative Services Officer Category 2,3 Economic Development Manager Category 1 Housing Coordinator Category 1 Pier Maintenance Supervisor Cateqory 4 Farmer's Market Supervisor Cateqory 3.4 Administrative Analyst Cateqory 3 Transportation (Municipal Bus Administration) Director Category 1 Assistant Director Category 1 Transportation Maintenance Category 2 Manager Transit Administration Manager Category 2 Transit Services Manager Category 2 Transit Development Manager Category 2 Transit Facilities Maintenance and Category 2 Vehicle Engineering Manager City Council. Boards and Commissions Airport Commission Members Category 6 Architectural Review Board Category 6 Members Arts Commission Members Category 6 Accessibility Board of Appeals Category 6 6 DESIGNATED POSITIONS DISCLOSURE CATEGORIES City Council. Boards and Commissions cont. Building and Safety Commission Category 6 Members City Council Members * Commission on Older Americans Category 6 Commission on the Status of Category 6 Women Electrical Board of Appeals Category 6 Members Housing Commission Members Category 6 Landmarks Commission Members Category 6 Library Board Members Category 6 Personnel Board Members Category 6 Planning Commission Members Category 6 Plumbing and Mechanical Category 6 Board of Appeals Members Recreation and Parks Commission Category 6 Members Rent Control Board Commissioners Category 6 Social Services Commission Category 6 Members "Actinq" 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 Coroorations*** 1 Bayside District Corporation Pier Restoration Corporation *Disclosure obligations for these designated positions are set forth in Government Code Section 87200 et seq.. These positions are designated in this Conflict of Interest IBudget is funded by City of Santa Monica. 7 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. ***Listed 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. 8 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. 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 9 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. 10