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R-9009 e e CA:f:atty\muni\laws\mox\conreso city Council Meeting 3-26-96 Santa Monica, California 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 AND TO DESIGNATED POSITIONS AND FINANCIAL DISCLOSURE CATEGORIES WHEREAS, the Political Reform Actl 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 incorporation of the provisions of a regulation of the Fair Political Practices Commission, set forth at 2 California Administrative Code section 18730 which contained the terms of a standard model Conflict of Interest Code; and WHEREAS, the California Administrative Code has been retitled as the California Code of Regulations, and it is necessary to reflect such change in title in the City's Conflict of Interest 1 e e Code; and WHEREAS, Resolution Number 6978 (CCS) included references to various officials, employees, boards and commissions which were designated as positions subject to the Conflict of Interest Code so established; and WHEREAS, Resolution Number 6978 (CCS) also included appendices listing such designated positions and the categories of financial interests which each such position shall report pursuant to the Conflict of Interest Code; and WHEREAS, it is necessary to update Appendices A and B to Resolution 6978 (CCS) which contain the list of designated positions and financial disclosure categories subject to the conflict of Interest Code in order to reflect creation of new designated positions, reclassification, renaming or deletion of previously designated positions, and the addition, deletion or modification of specific types of investments, business positions, interests in real property and sources of income which are reportable by such, designated positions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: 2 It . SECTION 1. city's original entirety. Resolution Number 6978 (CCS) which sets forth the Conflict of Interest Code is repealed in its SECTION 2. The terms of 2 California Code of Regulations (the "Code") and any amendments to it that have been duly adopted by the Fair Political Practices commission, along with the accompanying Exhibits 1 and 2 in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the city of Santa Monica. SECTION 3. Any future amendments to the city of Santa Monica's Conflict of Interest Code including, but not limited to, amendments to the designated positions or 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 designated positions in an acting capacity, shall file statements of economic interest with the City Clerk. The City council hereby delegates to the city Clerk authority to carry out the duties of filing officer. SECTION 5 . Pursuant to the Code, leaving designated positions must file all persons statements assuming or of economic 3 . e interest within thirty (30) days after assuming or leaving such 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: /1uu ~~<? L ~ MARSHA JONE$/OUTRIE ~ City Attorne 4 e e Adopted and approved thIS 26th of March, 1996 ~ 4fh--, Mayor I hereby certIfy that the foregomg ResolutIOn 9009 (CCS) was duly adopted at a meetmg of the CIty CouncIl held on the 26th of March, 1996 by the followmg vote Ayes Councllmembers Abdo, Ebner, GenseL Greenberg, Holbrook, O'Connor, Rosenstem Noes Councllmembers None Abstam Councllmembers None Absent CouncIlmembers None ATTEST ~ ~ (~. d.....d< CIty Clerk e EXHIBIT 1 DESIGNATED POSITIONS City Attorney city Attorney Assistant city Deputy city Attorney Consumer Affairs/Fair Housing Specialist City Clerk City Clerk Assistant city Clerk City Manager City Manager Assistant City Manager Cable TV Manager Risk Manager Loss Control Officer Liability Claims Supervisor Liability Claims Adjuster Workers Compensation Officer Senior Management Analyst Information Systems Manager Systems Development Supervisor Systems Analyst Telecommunications Analyst Community & Cultural Services Director Assistant Director Cultural Arts Administrator Event Facilities Manager Event Facilities Services Supervisor Human Services Manager Recreation Superintendent Parks & sports Manager Senior Administrative Analyst community & senior Program Manager Finance Director Accounting Manager Budget Coordinator Purchasing Agent Buyer 1 e 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 category 2 Category 2 category 1 Category 1 category 1 Category 1 Category 1 Category 1 Category 2 Category 2 Category 2 Category 1 Category 1 Category 1 Category 2 Category 2 Category 2 e DESIGNATED POSITIONS Finance (Con't.) License, Permit and Parking citation Supervisor City Treasurer Assistant city Treasurer senior Parking Meter Collector Fire Fire Chief Battalion Chief Fire Captain Fire Prevention Engineer Fire Prevention Inspector Environmental and Public Works Management Director City Engineer Civil Engineer civil Engineer Assistant Architect Environmental Coordinator Senior Public Works Inspector Senior Administrative Analyst street Inspector Conservation Coordinator utilities Manager Water/Wastewater superintendent Water Production/Treatment Superintendent Waste Reduction Coordinator Solid Waste Operations Manager Planninq and Community Development Director Building Officer Senior Building Inspector Senior Building Housing Inspector Building Inspector Senior Electrical Inspector Senior Mechanical/Plumbing Inspector Building/Safety Operations Supervisor Plan Check Engineer Planning Manager Associate Planner Assistant Planner Zoning Inspector Parking & Traffic Engineer Transportation Management Coordinator 2 e DISCLOSURE CATEGORIES Category 3 * Category 1 Category 3 Category 1 Category 2,3 Category 2,3 Category 2,3 Category 2,3 Category 1 Category 4 Category 4 Category 4 Category 4 Category 3 Category 3 Category 3 Category 2 Category 3 Category 1 Category 5 Category 5 Category 5 Category 5 Category 1 Category 4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 3,4 Category 4 Category 4 Category 4 Category 4 Category 4 Category 4 Category 2 Category 3 e DESIGNATED POSITIONS Librarv City Librarian Assistant City Librarian Personnel Director Personnel Services Manager Senior Personnel Analyst Police Police Chief Police sergeant Police Lieutenant Police Captain senior Administrative Analyst Rent Control Administrator General Counsel Staff Attorney Hearing Examiner Hearings Department Manager Public Information Manager Senior Operations Analyst Resource Manaqement Director Housing and Redevelopment Manager Senior Administrative Analyst Airport Manager Farmers Market Coordinator Administrative Services Officer TransDortation (Municipal Bus Administration) Director Assistant Director Transportation Maintenance Manager Transportation Maintenance Superintendent Administrative Services Officer 3 e DISCLOSURE CATEGORIES category 1 Category 1 Category 1 Category 3 Category 3 Category 1 Category 2,3 Category 2,3 category 2,3 Category 2 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 Category 1 category 1 Category 2 Category 2 Category 2 e DESIGNATED POSITIONS City 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 Americans Commission on the status of Women 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 IIActing" Positions Consultants.. Non-Profit Public Benefit Corporations***l Bayside District Corporation Pier Restoration Corporation e 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 require- ments as the applicable designated position in which the person is nacting.n Category 1 *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 Code solely for disqualification purposes. lBudget is funded by City of Santa Monica. 4 e e **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. 5 e e 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- mi le 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, 6 e e 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. 7