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HomeMy WebLinkAboutCity Council - 4459 RESOLUTION NO. 4459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE CONFLICT OF INTEREST CODES FOR ALL CITY DEPARTMENTS, AS WELL AS THOSE CITY BOARDS, COMMISSIONS AND COMMITTEES REQUIRED TO HAVE A CONFLICT OF INTEREST CODE WHEREAS, pursuant to the Political Reform Act of 1974 , a conflict of interest code must be prepared by all city depart- ments as well as those city boards , commissions and committees which make or participate in the making of governmental decisions which may foreseeably have a material effect on any financial interest; and On November 21, 1977 , a public hearing was held by the City Council of the City of Huntington Beach on the conflict of interest code, marked Exhibit "I" and attached hereto and made a part hereof as if fully set forth hereat , adopted by each city department , board, commission and committee listed on Exhibit "A" of said code on the dates set forth on the respective adopting resolutions attached hereto; and A public hearing was also held on November 21, 1977 , on the conflict of interest code , marked Exhibit "II" and attached hereto and made a part hereof as if fully set forth hereat , adopted by the Board of Appeals , and on the conflict of interest code , marked Exhibit "III" and attached hereto and made a part hereof as if fully set forth hereat, adopted by the Public Facilities Corpora- tion, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it hereby approves the conflict of interest codes attached hereto. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st DPB: cs 1. day of November, 1977 . ATTEST: Mayor i City Clerk REVIEWED AND APPROVED : APPROVED AS TO FORM: C ' y Administrator City Attorn y 2 . EXHIBIT "A" CITY OF HUNTINGTON BEACH DEPARTMENTS, BOARDS, COMMISSIONS AND COMMITTEES DEPARTMENTS Administration Attorney, City Building and Community Development Clerk, City Finance Fire Harbors and Beaches Library Personnel Planning Police Public Works Recreation, Parks and Human Services Treasurer, City BOARDS, COMMISSIONS AND COMMITTEES Board of Zoning Adjustments Design Review Board Economic Advisory Commission Environmental Review Committee Environmental Council Personnel Board Planning Commission Project Area Committee Recreation and Parks Commission Redevelopment Commission EXHIBIT "B" CITY OF HUNTINGTON BEACH DESIGNATED POSITIONS Disclosure Department Category Administration City Administrator . . . . . . . . . . 1 Assistant City Administrator . . . . . . . . . 1 Administrative Assistant . . . . . . . . . . . 2 Administrative Analyst Senior . . . . . . . . 2 Internal Auditor . . . . . . . . . . . . . . . 2 Economic Development Officer . . . . . . . . . 2 Attorney, City City Attorney . . . . . . . . . . . . . 1 Assistant City Attorney . . . . . . . . . . 1 Deputy City Attorney III . . . . . . . . . . . 1 Deputy City Attorney II . . . . . . . . . . . 1 Deputy City Attorney I . . . . . . . . . . 1 Building Director . . . . . . . . . . . . . . . . . . . 1 Assistant Director . . . . . . . . . 1 Inspector . . . . . . . . . . . . . . . 2 Clerk, City City Clerk . . . . . . . . . . . . . . . 1 Finance Director . . . . . . . . . . . . . . . . . 1 Assistant Director . . . . . . . . . . . . . 1 Contracts Administrator . . . . . . . . . . . 1 Data Processing Supervisor . . . . . . . . . . 2 Licensing Supervisor . . . . . . . . . . . . . 2 Purchasing Officer . . . . . . . . . . . 2 Supervisory Accountant . . . . . . . . . . . . 2 Fire Chief . . . . . . . . . . . . . . . . . . . . 1 Captain . . . . . . . . . . . . . . 2 Battalion Chief . . . . . . . . . . . . . . . 2 Deputy Fire Marshal . . . . . . . . . . . . . 2 Division Chief . . . . . . . . . . . . . . . 2 Fire Protection Specialist . . . . . . . . . 2 EXHIBIT "B" Disclosure Department Category Harbors and Beaches Director . . . . . . . . . . . . . . . . . . 1 Assistant Director . . . . . . . . . . . . . . 1 Beach Supervisor . . . . . . . . . . . . . . . 2 Marine Safety Captain . . . . . . . . . . . . 2 Library Director . . . . . . . . . . . . . . . . . 1 Assistant Director . . . . . . . . . . . . 1 Personnel Director . . . . . . . . . . . . . . . . . . 1 Assistant Director . . . . . . . . . . 1 Compensation Administrator . . . . . . . . 2 Workers Compensation Coordinator . . . . . . 2 Planning Director . . . . . . . . . . . . . . . . . . . 1 Land Use Technician- . . . . . . . . . • . . . Assistant Director . . . . . . . . . . . . . 1 Division Head . . . . . . . . . . . . . 2 Chief Land Use Technician . . . . . . . . 2 Police Chief . . . . . . . . . . . . . . . . . . . . 1 Captain . . . . . . . . . . . . . . . . . . . 2 Lieutenant . . . . . . . . . . . . . . . . . . 2 Public Works Director . . . . . . . . . . . . . . . . . . 1 City Engineer . . . . . . . . . . . . . . . 2 Division Engineer . . . . . . . . . . . . . . 2 Inspector . . . . . . . . . . . . . . 2 Recreation, Parks and Human Services Director . . . . . . . . . . . . . . . . . . . 1 Department Analyst . . . . . . . . . . . . . . 2 Superintendent . . . . . . . . . . . . . . . . 2 Supervisor . . . . . . . . . . . . . . . . . . 2 Treasurer City Treasurer . . . . . . . . . . . . . . . . 1 EXHIBIT "B" Disclosure Boards, Commissions_ and Committees Category Board of Zoning Adjustments . . . . . . . . 2 Design Review Board . . . . . . . . . . . . . 2 Economic Advisory Commission . . . . . . . 2 Environmental Council . . . . . . . 2 Environmental Review Board . . . . . . . . 2 Personnel Board . . . . . . . . . . . . . . 1 Planning Commission . . . . . . . . . . . . . 1 Project Area Committee . . . . . . . . . . 2 Recreation, Parks and Human Services . . . . . 2 Redevelopment Commission . . . . . . 2 EXHIBIT "I" CONFLICT OF INTEREST CODE FOR CITY OF HUNTINGTON BEACH DEPARTMENTS, BOARDS, COMMISSIONS AND COMMITTEES SECTION 1 . Introduction. This conflict of interest code applies to all city departments , boards , commissions and committees as set forth in Exhibit "A" attached hereto and made part hereof. SECTION 2. Designated Positions'. The positions listed in Exhibit "B" hereof are designated positions . Officers and employees holding these positions are designated employees and are deemed to make or participate in the making of decisions which may foreseeably have a material effect on a financial interest . SECTION 3. Disclosure Statements . A designated employee shall be assigned to one or more of the disclosure categories set forth below. Each designated employee shall file an annual statement disclosing that employee 's interest in investments , real property, and income designated as reportable under the category to which the employee's position is assigned. SECTION 4 . Disclosure Categories . An investment , interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee 's position. Category 1: Designated employees in Category 1 must report all investments , interests in real property, income and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management . Financial interests are reportable only if located within or subject to the jurisdiction of the City of Huntington Beach or if the business entity is doing business or planning to do business in the jurisdiction or has done business within the jurisdiction at any time during the two years prior to the filing of the statement . 1. i Category 2 : Designated employees in Category 2 must report : (a) Investments in any business entity or income from any source which, within the last two years , has contracted or in the future foreseeably may contract with the City to provide services, supplies , materials, machinery or equipment to the City of Huntington Beach; (b) Investments in any business entity or income from any source which, within the last two years , has or in the future fore- seeably may conduct any business activity within the city of Huntington Beach which is subject to city laws , rules or regulations which by reason of his position with the City may involve said designated employee in the making or participation in the making of decisions which may foreseeably have a material effect on such business entity or source of income; (c) His or her status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity which, within the last two years : (1) has contracted or in the future foreseeably may con- tract with the City of Huntington Beach to provide services , supplies , materials, machinery or equipment to the City of Huntington Beach; or (2) has or in the future foreseeably may conduct any activity within the city of Huntington Beach which is subject to city laws , rules or regulations which by reason of his position with the City may involve said designated employee in the making or partici- pation in the making of decisions which may foreseeably have a material effect on such business entity; (d) Any investment or interest in real property which, within the last two years has been or in the future foreseeably may be affected materially by any decision made or participated in by the designated employee by virtue of the employee 's position with the City. SECTION 5. Place and Time of Filing. (a) All designated employees required to submit a statement of economic interests shall file the original with the City Clerk's Office ,of the City of Huntington Beach. 2. (b) A designated employee required to submit a statement of economic interests shall submit an initial statement within thirty days after the effective date of this Code. (c) Classified service employees appointed, promoted or transferred to designated positions shall file initial statements within thirty days after the date of their employment . (d) All other employees elected., appointed, promoted or transferred to designated positions shall file initial statements not less than thirty days after said employee takes office. (e) The closing date for annual statements is December 31 each year. Annual statements shall be filed by all d6signated employees on or before March 31 each year., disclosing reportable investments in business entities, interests in real property, and income held or received in the period since the closing date of the employee 's previously filed statement and December 31. (f) Each person who leaves a designated position specified in Exhibit "B" shall file a leaving office statement within thirty days after leaving. SECTION 6. Contents of Disclosure Statements. (a) Dislosure statements shall be made on forms supplied by the City Clerkts Office of the City of Huntington Beach and shall contain the following information: (1) Contents of Investment arid, Real Froperty 'Reports: When an investment or an interest in real property is required to be reported, the statement shall contain: (i) A statement of the nature of the investment or interest; (ii) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; (iii) The address or other precise location of the real property; (iv) A statement whether the fair market value of the investment, or interest in real property, exceeds ten thousand dollars ($10,00,0) ., and whether it exceeds one hundred thousand 3. dollars ($100 ,000 ) . This information need not be provided with respect to an interest in real property which is used principally as the residence of the filer. (2) Contents of Personal Income Reports : When personal income is required to be reported, the statement shall contain: (i) The name and address of each source of income aggregating two hundred and fifty dollars ($250) or more in value, or twenty-five dollars ($25) or more in value if the income was a gift, and a general description of the business activity , if any, of each source; (ii) A statement whether the aggregate value of income from each source was greater than one thousand dollars ($1,000 ) , and whether it was greater than ten thousand dollars ($10,000) ; (iii) A description of the consideration, if any, for which the income was received; (iv) In the case of a gift , the name and address of the donor and the amount and the date on which the gift was i received. (3) Contents of Business Entity Income Reports : When income of a business entity , including income of a sole proprietor- ship, is required to be reported, the statement shall contain: (i) The name, address , and a general description of the business activity of the business entity; (ii) In the case of a business entity which provides legal or brokerage services , the name of every person who paid fees to the business entity if the filer's pro rata share of fees from such person was equal to or greater than one thousand dollars ($1,000) ; (iii) In the case of a business entity not covered by paragraph (3) (ii) , the name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000 ) during a calendar year. (4) Contents of Management Position Reports : When management positions are required to be reported, designated em- 4 .. ployees shall list the name of each business entity not specified above in which he is a director., officer, partner,, trustee, employee, or in which he holds any position of management . (b) The initial statement filed by an employee appointed or elected to a designated position shall disclose any reportable investments and interests in real property held on the filing date, but shall not disclose any income. (c) The annual statement filed by a designated employee shall disclose any reportable investments, interests in real property, and income during the period since the previous state- ment was filed. When disclosure of management positions is required, disclosure of such positions shall be made upon filing initial, annual and leaving office statements. (d) The leaving office statement filed by designated employees shall disclose reportable investments, interests in real property, and income during the period since the closing date of the previous statement filed pursuant to this Code. The statement shall include any investments in business entities., interests in real property, and income held or received at any time during the period covered by the statement, whether or not they are held at the time of filing. (e) In the case of a statement filed under Section 6 (c ) and (d), if the investment , or interest in real property, was partially or wholly acquired or disposed of during the period covered by the statement., the date of acquisition or disposal must be reported. SECTION 7. Disqualification. Designated employees must dis- qualify themselves from making or participating in the making of any decisions which will foreseeably have a material financial effect, distinguishable from its effect on the public generally,, on any reportable interest of that employee (except sources of gifts less than two hundred and fifty dollars ($250) ) . No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. SECTION 8. ' Manrier of- Disqualification. A designated employee required to disqualify himself or herself shall notify his or her supervisor in writing. This notice shall be forwarded to the City 5. Clerk of the City of Huntington Beach, who shall record the em- ployeets disqualification. Upon receipt of such statement, the supervisor shall immediately reassign the matter to another em- ployee. In the case of a designated employee who is a member of a city board, commission or committee, notice of disqualification shall be given at the meeting during which consideration of the decision takes place and shall be made part of the official record of said board,, commission or committee. The member shall then refrain from participating and shall attempt in no way to use his or her official position to influence any other person with respect to the matter. SECTION 9. Definition of Terms. Except as otherwise pro- vided, the definitions contained in the Political Reform Act of 1974 (Government Code Sections 81000 et seq. ), the Regulations of the Fair Political Practices Commission, and any amendments to the Act or Regulations, shall be incorporated into this Code. SECTION 10. Effec ve; Date of Code. This conflict of interest code shall become effective thirty days after approval by the City Council of the City of Huntington Beach. 6. VqW ADOPTION STATEMENT The undersigned hereby adopt the Conflict of Interest Code attached hereto: Administration Floyd Z. Belsito City dministrator City Attorney' s Office on P . Bonfa City Attorney Building and Community Development r, o n F. Be ens Department Director City Clerk's Office or Alicia Wentworth City Clerk Finance Department Frank B. Argu&Zlo Department Director Fire Department o is Chi Ap Harbors an Beaches 19partme V' n o ho u Me artment Director Library D ar vent er oh son epartmen Director Personne Department CzO�44 Edward H. Thomp on Department Director Planning Department Edward elich Department Director Police De artment Earle W. RoOltLdille Chief Public Works Department H. E. Hartge Department Dir ctor Rec eation, Parks and H an Services Department Norman Worthy Department Director City Tre s r ' e Wa n all lty Treasurer RESOLUTION NO. 1 A Resolution of the Board of Zoning Adjustments of the City of Huntington Beach adopting a conflict of interest code. WHEREAS, pursuant to the Political Reform Act of 1974, a conflict of interest code must be prepared for those Citv_ boards, commissions, and committees which make or participate in the making of governmental decisions which may foreseeable have a material effect on any financial interest; and A conflict of interest code has been prepared for all City departments and for those boards, commissions, and committees required to have a conflict of interest code, NOW, THEREFORE, BE IT RESOLVED by the Board of Zoninq Adjustments that it hereby adopts the Conflict of Interest Code attached hereto and made part hereof. Passed and adopted by the Board of Zoning Adjustments of the Citv of Huntington Beach, California, on the llth day of May, 1977 , by the following roll call vote: AYBS: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: It- James W. Palin, Secretary Charles P. Spe er, Chairman Boa" 'D o-p Zo»�n9 F�%ust�eyfs RESOLUTION NO. 77-1 A RESOLUTION OF THE RECREATION AND PARKS COMMISSION OF THE CITY OF HUNTINGTON BEACH ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, pursuant to the Political Reform Act of 1974 , a conflict of interest code must be prepared for those City boards , commissions and committees which make or participate in the making of governmental decisions which may foreseeably have a material effect on any financial interest ; and WHEREAS, a conflict of interest code has been prepared for all City departments and for those boards , commissions and committees required to have a conflict of interest code ; and WHEREAS, members of the Recreation and Parks Commission of the City of Huntington Beach, California are subject to Category 2 of said code. NOW, THEREFORE, BE IT RESOLVED by the Recreation and Parks Commission that it hereby adopts the Conflict of Interest Code attached hereto and made a part hereof. PASSED AND ADOPTED by the Recreation and Parks Commission of the City of Huntington Beach on the 12th day of October, 1977 by the following roll call vote: AYES: Cooper, Gattuccio , Kennedy, Mac Allister, Mossteller, Osness NOES: Osterlund, Vander Molen ABSENT: Costa, Duarte , Jensen ABSTAIN: None ATTEST: I�g4 ��f/ G11G Norm Worthy Worthy Tom Cooper Secretary Chairman 1?e c,-e a fi Dh A 13r'PS RESOLUTION NO. 77-1 � ~ A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF HUNTINGTON BEACH ADOPTING A CONFLICT OF INTEREST CODE, WHEREAS, pursuant to the Political Reform Act of 1974 , a conflict of interest code must be prepared for those City boards , commissions and committees which may foreseeably have a material effect on any financial interest; and WHEREAS , a conflict of interest has been prepared for all City departments and for those boards, commissions and committees required to have a conflict of interest code, NOW, THEREFORE, BE IT RESOLVED by the Design Review Board of the City of Huntington Beach, California that it hereby adopts the Conflict of Interest Code attached hereto and made a part hereof. PASSED AND ADOPTED by the Design Review Board of the City of Huntington Beach on the 21st day of September 1977 by the following roll call vote: AYES : Denenny, Paul, Spencer, Wall NOES : None ABSENT: Rothman ABSTAIN• None ATTEST: Savoy M. Bellavia . Secretary r'-- RESOLUTION NO. 9 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT COMMISSION OF THE CITY OF HUNTINGTON BEACH ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, pursuant to the Political Reform Act of 1974 , a conflict of interest code must be prepared for those City boards , commissions and committees which make or participate in the making of governmental decisions which may foreseeably have a material ef- fect on any financial interest; and WHEREAS, a conflict of interest code has been prepared for all City departments and for those boards , commissions and committees required to have a conflict of interest code, NOW, THEREFORE, BE IT RESOLVED by the Community Redevelop- ment Commission of the City of Huntington Beach, California that it hereby adopts the Conflict of Interest Code attached hereto and made a part hereof. PASSED AND ADOPTED by the Community Redevelopment Com- mission of the City of Huntington Beach on the 27th day of October , 1977 by the following roll call vote : AYES: NOES: ABSENT: ABSTAIN: ATTEST: E and D, elic Robert D. Bazil v Secretary Chairman ���evLV off e l7- 1/aww�ss�o.ti RESOLUTION NO. 1 A RESOLUTION OF THE ENVIRONMENTAL REVIEW COMMITTEE OF THE CITY OF HUNTINGTON BEACH ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, pursuant to the Political Reform Act of 1974, a conflict of interest code must be prepared for those City boards, commissions and committees which make or participate in the making of governmental decisions which may foreseeably have . a material effect on any financial interest; and WHEREAS, a conflict of interest has been prepared for all City departments and for those boards , commissions and committees required to have a conflict of interest code, NOW, THEREFORE, BE IT RESOLVED by the Environmental Review Committee of the City of Huntington Beach, California that it hereby adopts the Conflict of Interest Code attached hereto and made a part hereof . PASSED AND ADOPTED by the Environmental Review Committee of the City of Huntington Beach on the llth day of May, 1977 by the following roll call vote: AYES : Cope, Spencer, Patapoff NOES: None ABSENT: None ABSTAIN: None ATTEST: hn M. Cope eeretary �nUIr0hM8nfa/ IiQU1eW (On"v� • P'� RESOLUTION NO. 1 A RESOLUTION OF THE ENVIRONMENTAL COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, pursuant to the Political Reform Act of 1974 , a conflict of interest code must be prepared for those City boards , commissions and committees which make or participate in the making of governmental decisions which may foreseeably have a material effect on any financial interest; and WHEREAS , a conflict of interest code has been prepared for all City departments and for those boards , commissions and committees required to have a conflict of interest code; and WHEREAS , members of the Environmental Council of the City of Huntington Beach, California are subject to Category 2 of said code. NOW, THEREFORE, BE IT RESOLVED by the Environmental Council that it hereby adopts the Conflict of Interest Code attached hereto and made a part hereof. PASSED AND ADOPTED by the Environmental Council of the r^ City of Huntington Beach on the 15th day of September , 1977 by the following roll call vote: AYES : Haydock, Mandic , Albright, Moon, Nelson, Churchill , Carlberg, Chatterton NOES : None ABSENT: Jones , Fung, Lewinger, Hudson ABSTAIN: None ATTEST: Emilie Johnson Dr . Irwin Haydock Staff Liaison Chairman �n /J�i'On h�8/Vf4� �u�uc�L RESOLUTION NO. 1204 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, pursuant to the Political Reform Act of 1974 , a conflict of interest code must be prepared for those City boards, commissions and committees which make or participate in the making of governmental decisions which may foreseeably have a material effect on any financial interest; and WHEREAS, a conflict of interest code has been prepared for all City departments and for those boards, commissions and committees required to have a conflict of interest code, NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Huntington Beach, California, that it hereby adopts the Conflict of Interest Code attached hereto and made a part hereof. PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach, on the 20th day of September, 1977 , by the following vote; AYES: Stern, Finley, Gibson, Shea, Newman, Hoffman { NOES : None ABSENT: Slates ABSTT,7N. None ATTEST: ward D. Selich Prim Shea Secretary Vice Chairman 1 a of NU N T/Nc,,"o CITY OF HUNTINGTON BEACH V PERSONNEL BOARD J�C 7 1977It = UNAPPROVED MINUTES C'i Wednesday, June 15 , 1977 Civic Center Room B-8 ��TTORNE�( Acting Chairman Hiltunen called the meeting to order at 7 : 30 p .m . PERSONNEL BOARD MEMBERS PRESENT: Lynn Hiltunen, Donald Grose , Wally Van Cott. PERSONNEL BOARD MEMBERS ABSENT: Frank Fittin, R. D. Bowles STAFF PRESENT: Tom Bonokoski , Ed Thompson The Minutes of the May 18 , 1977 meeting were adopted , with one correction, as submitted by the Secretary. Conflict of Interest , Code . The Board unanimously adopted the following: WHEREAS, pursuant to the Political Peform Act of 1974 , a conflict of interest code must be pre- paned for those City boards , commissions and committees which make or participate in the making of governmental decisions which may foreseeably have a material effect on any financial interest ; and A conflict of interest code has been prepared for all City departments and for those .boards , commissions and committees required to have a con- flict of interest code , NOW THEREFORE, BE IT RESOLVED by the Personnel Board that it hereby adopts the Conflict of Interest Code attached hereto and made part hereof . (The Conflict of Interest Code is attached to the June 15 , 1977 Minutes and incorporated therein by reference) . Vehicle Grievance Litigation . The Board was informed that MEA/MEO/OCEA had filed their amended petition to require the City to pay off the mileage claims in Orange County Superior Court . A hearing is scheduled for July 28 , 1977 . s, Equal Employment Opportunity Commission . (EF"OC) . Mrs . Nancy Donovan was present as the representative of the Commission , and defined the Commission ' s role as educational only with no executive authority . The EEOC is planning a job fair in the fall and has the interest of the Chamber of Commerce; that EEOC had held an educational meeting a year ago that was well attended . Mrs . Donovan indicated that the local employers are essentially covered by state or federal law; that the EEOC ' s expertise was primarily 4n newly-appointed member Tom Nelson and the others are relatively new to the field but were learning ; that they recognize that EEO is a highly complex and difficult field and that the reason why the EEOC has not as yet been overly active is due to inexperience and the need to rely on outside experts . Personnel Director Thompson stated that his concerns with the City EEOC were threefold , namely that EEO is a difficult field requiring considerable expertise , that the field has been preempted by federal and state governments which precludes any need of any additional local government EEO agency, and that if local employers relied on advice given by the City EEOC and were sued on the basis of acting on such advice that the City would be named as a co-defendant with the resulting potential liability to the City for back pay and damages . The Personnel Board Members indicated their concern regarding the highly complex nature of the EEO field , that the top personnel executives in many major private industry organization spend a majority of their time involved in the field of EEO, questioned the need for a City EEOC due to federal and state preemption and noted that the City has the only local government FEOC in the State of California and expressed serious concern regarding the substantial financial liability that the City incurs as a result of various activities of the EEOC . Mrs . Donovan stated that the EEOC does not want to creat problems but rather wishes to work with the Personnel Board and the City in any way possible . The Board had no questions regarding the dedication and sincerity of the EEOC members but expressed concern again regarding thenecessit. of a local EEOC with the attendant potential financial liabili�y . Old Business . In response to the Board ' s inquiry , the Secretary advised that Assistant City Attorney Amsbary has the responsibility for Personnel and Labor Relations matters , including legal advice to the Board . New Business . The Board was informed that former police officer Gil Coerper had filed a lawsuit and that a hearing will be held in Orange County Superior Court in early September . There were no comments from the floor or from Board Members , whereupon Acting Chairman Hiltunen adjourned the meeting at 8 : SS p .m . Respectfully Submitted, Edward 11. Thompson , Secretary t EXHIBIT "II" CONFLICT OF INTEREST CODE CITY OF HUNTINGTON BEACH BOARD OF APPEALS SECTION 1. Introduction. This conflict of interest code applies to the Board of Appeals of the City of Huntington Beach. SECTION 2 . Designated Positions. The positions of members of the Board of Appeals are designated positions. Persons holding these positions are designated employees and are deemed to make or participate in the making of decisions which may foreseeably have a material effect on a finanical ,interest. SECTION 3. Disclosure Statements. Such designated employees are assigned to Disclosure Category l set forth below. Each such designated -. -- employee shall file an annual statement disclosing that employee 's interest in investments, real property, and income designated as reportable under Disclosure Category 1. SECTION 4 . Disclosure Category. An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee ' s position. Category 1: Designated employees in Category l must report all investments, interests in real property, income and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. Financial interests are reportable only if located within or subject to the jurisdiction of the City of Huntington Beach or if the business entity is doing business or planning to do business in the jurisdiction or has done business within the jurisdiction at any time during the two years prior to the filing of the statement. -1- r9"PPw I.r SECTION 5. Place and Time of Filing. (a) All designated employees required to submit a statement of economic interests shall file the original with the City Clerk 's Office of the City of Huntington Beach. (b) A designated employee required to submit a statement of economic interests shall submit an initial statement within thirty days after the effective date of this Code. (c) All persons appointed to designated positions shall file initial statements not less than thirty days after said person takes office. (d) Annual statements shall be filed by all designated employees on or before the last Friday in January, disclosing property, and income held or received in the period since the closing date of the employee's previously filed statement and December 31. (e) Each person who leaves a designated position shall file a leaving office statement within thirty days after leaving. SECTION 6. Contents of Disclosure Statements. (a) Disclosure statements shall be made on forms supplied by the City Clerk ' s Office of the City of Huntington Beach and shall contain the following information: (1) Contents of Investment and Real Property Reports : When an investment or an interest in real property is required to be reported, the statement shall contain: (i) A statement of the nature of the investment or interest; (ii) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; (iii) The address or other precise location of the real property; (iv) A statement whether the fair market value of the investment, or interest in real property, exceeds ten thousand dollars ($10, 000) , and whether it exceeds one hundred thousand dollars ($100,000) . This information need not be provided with respect -2 to an interest in real property which is used principally as the residence of the filer. (2) Contents of Personal Income Reports : When personal income is required to be reported, the statement shall contain: (i) The name and address of each source of income aggregating two hundred and fifty dollars ($250) or more in value, or twenty-five dollars ($25) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; (ii) A statement whether the aggregate value of income from each source was greater than one thousand dollars ($1, 000) , and whether it was greater than ten thousand dollars ($10,000) ; (iii) A description of the consideration, if any, for which the income was received (iv) In the case of a gift, the name and address of the donor and the amount and the date on which the gift was received. (3) Contents of Business Entity Income Reports: When income of a business entity, including income of a sole proprietor- ship, is required to be reported, the statement shall contain: (i) The name, address, and a general description of the business activity of the business entity; (ii) In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity if the filer' s pro rata share of fees from such person was equal or greater than one thousand dollars ($1, 000) ; (iii) In the case of a business entity not covered by paragraph (3) (ii) , the name of every person from whom the business entity received payments if the filer 's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. -3- (4) Contents of Management Position Reports; When management positions are required to be reported, designated employees shall list the name of each business entity not specified above in which he is a director, officer, partner, trustee, employee, or in which he holds any position of management. (b) The initial statement filed by a designated employee shall disclose any reportable investments and interests in real property. (c) The annual statement filed by a designated employee shall disclose any reportable investments , interests in real property, and income during the period since the previous statement was filed. When disclosure of management positions is required, disclosure of such positions shall be made upon filing initial, annual and leaving office statements. (d) The leaving office statement filed by designated employees shall disclose reportable investments, interests in real property, and income during the period since the closing date of the previous statement filed pursuant to this Code. The statement shall include any investments in business entities, interests in real property, and income held or received at any time during the period covered by the statement, whether or not they are held at the time of filing. (e) In the case of a statement filed under Section 6 (c) and (d) , if the investment, or interest in real property, was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal must be reported. SECTION 7 , Disqualification. Designated employees must disqualify themselves from making or participating in the making of any decisions which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any reportable interest of that employee (except sources of gifts less than two hundred and fifty dollars ($250) . No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. -4- SECTION 8 . Manner of Dis ualification. A designated employee required to disqualify himself or herself shall give public notice of disqualification at the meeting during which consideration of the decision takes place and such disqualification shall be made part of the official record of the board. The member shall then refrain from participating and shall attempt in no way to use his or her official position to influence any other person with respect to the matter. SECTION 9 . Definition of Terms. Except as otherwise provided, the definitions contained in the Political Reform Act of 1974 (Government Code Sections 81000 et seq.) , the Regulations of the Fair Political . Practices Commission, and any amendments to the Act or Regulations, are incorporated into this Code. SECTION 10. Effective Date of Code. This conflict of interest _ code shall become effective thirty days after approval by the City Council of the City of Huntington Beach. f -5- EXHIBIT "A" HUNTINGTON BEACH PUBLIC FACILITIES CORPORATION POSITION DISCLOSURE CATEGORY DIRECTOR . . . . . . . . . . . . 1 CORPORATION ATTORNEY . . . . . . . . . . . . l ASSISTANT SECRETARY . . . . . . . . . . . . 2 EXHIBIT "III" CONFLICT OF INTEREST CODE FOR TIE HUNTINGTON BEACH PUBLIC FACILITIES CORPORATION SECTION 1. Introduction. This conflict of interest code applies to the Huntington Beach Public Facilities Corporation. SECTION 2 . Designated Positions. The positions listed in Exhibit A hereof are designated positions. Officers and employees holding these positions are designated employees and are deemed to make or participate in the making of decisions which may foreseeably have a material effect on a financial interest. SECTION 3. Disclosure Statements. A designated employee shall be assigned to one or more of the disclosure categories set forth below. Each designated employee shall file an annual statement disclosing that employee' s interest in investments, real property, and income designated as reportable under the category to which the employee' s position is assigned. SECTION 4 . Disclosure Categories . An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may fore- seeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee' s position. . -1- Category 1 : Designated employees in Category 1 must report all investments or financial interests , income from invest- ments and financial interests , and business entities in which the person is a director, officer, partner, trustee, employee , or holds any position of management, provided that the business entity, the investment in a business entity, or the financial interest in a business entity is doing business or planning to do business with the Huntington Beach Public Facilities Corporation or has done business with the Huntington Beach Public Facilities Corporation at any time during the two years prior to the filing of the statement. Designated employees in Category 1 must further report all interests in real property and business entities located within one city block or 500 yards , whichever is greater, from the outside boundaries of property of the Huntington Beach Public Facilities Corporation. Category 2 : Designated employees in Category 2 must report: (a) Investments in any business entity or income from any source which, within the last two years , has con- tracted or in the future foreseeably may contract with the HBPFC to provide services, supplies , materials , machinery or equipment to the HBPFC. (b) Investments in any business entity or income from any source which, within the last two years , has or in the future foreseeably may conduct any business activity with the HBPFC may involve said designated employee in the -2- i making of participation in the making of decisions which may foreseeably have a material effect on such business entity or source of income; (c) His or her status as a director, officer , partner, trustee, employee, or holder of a position of management in any business entity which, within the last two years : (1) has contracted or in the future fore- seeably may contract with the HBPFC to provide services , supplies, materials, machinery or equipment to the HBPFC; or (2) has or in the future foreseeably may conduct any activity which by reason of his position with the HBPFC may involve said designated employee in the making or participation in the making of decisions which may fore- seeably have a material effect on such business entity; (d) Any investment or interest in real property which, within the last two years, has been or in the future foreseeably may be affected materially by any decision made or participated in by the designated employee by virtue of the employee ' s position with the HBPFC. SECTION 5 . Place and Time of Filing. (a) All designated employees required to submit a statement of economic interests shall file the original with the City Clerk' s Office of the City of Huntington Beach, and shall file a copy in the files of the Corporation. -3- 10/l�jl7 (b) A designated employee required to submit a statement of economic interests shall submit an initial statement within thirty (30) days after the effective date of this Code. (c) Classified service employees appointed, pro- moted or transferred to designated positions shall file initial statements within thirty (30) days after the date of their employment. (d) All. other employees elected, appointed, promoted or transferred to designated positions shall file initial statements not less than thirty (30) days after said employee takes office. (e) Annual statements shall be filed by all designated employees on or before the last Friday in January, disclosing reportable investments in business entities , interests in real property, and income held or received in the period since the closing date of the employee ' s previously filed statement and December 31st. (f) Each person who leaves a designated position specified in Exhibit "B" shall file a leaving office state- ment within thirty (30) days after leaving. SECTION 6 . Contents of Disclosure Statements . (a) Disclosure statements shall be made on forms supplied by the City Clerk ' s Office of the City of Huntington Beach and shall contain the following information: -4- (1) Contents of Investment and Real Property Reports : When an investment or an interest in real property is required to be reported, the statement shall contain: (i) A statement of the nature of the investment or interest; (ii) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; (iii) The address or other precise location of the real property; (iv) A statement whether the fair market value of the investment, or the interest in real property, exceeds ten thousand dollars ($10 , 000) , and whether it exceeds one hundred thousand dollars ($100 ,000) . This information need not be provided with respect to an interest in real property which is used principally as the residence of the filer. (2) Contents of Personal Income Reports : When personal income is required to be reported, the state- ment shall contain: (i) The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or twenty-five dollars ($25) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; -5- A statement whether the aggregate value of income from each source was greater than one thousand dollars ($1 ,000) , and whether it was greater than ten thousand dollars ($10,000) ; (iii) A description of the consideration, if any, for which the income was received; (iv) In the case of a gift, the name and address of the donor and the amount and the date on which the gift was received. (3) Contents of Business Entity Income Reports : When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: (i) The name, address , and general descrip- tion of the business activity of the business entity; (ii) In the case of a business entity which provides legal or brokerage services , the name of every person who paid fees to the business entity if the filer ' s pro rata share of fees from such person was equal to or greater than one thousand dollars ($1, 000) ; (iii) In the case of a business entity not covered by paragraph (3) (ii) , the name of every person from whom the business entity received payments if the filer' s pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10 , 000) during a calendar year. (4) Contents of Management Position Reports : When management positions are required to be reported, designated employee 6 . shall list the name of each business entity not specified above in which he is a director , officer, partner, trustee, employee, or in which he holds any position of management. (b) The initial statement filed by an employee appointed or elected to a designated position shall disclose any reportable investments and interests in real property. (c) The annual statement filed by a designated employee shall disclose any reportable investments , interests in real property , and income during the period since the previous statement was filed. When disclosure of management positions is required, disclosure of such positions shall be made upon filing initial, annual and leaving office statements. (d) The leaving office statement filed by designated employees shall disclose reportable investments , interests in real property, and income during the period since the closing date of the previous statement filed pursuant to this Code. The statement shall include any investments in business entities, interests in real property, and income held or received at any time during the period covered by the statement, whether or not they are held at the time of filing. (e) In the case of a statement filed under Section 6 (c) and (d) , if the investment, or interest in real property, was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal must be reported. SECTION 7 . Disqualification. Designated employees must dis- qualify themselves from making or participating in the making of any decisions which will .foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any reportable interest of that employee (except sources of gifts less 7 . than two hundred and fifty dollars ($250) . No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. SECTION 8 . Manner of Disqualification. A designated employee required to disqualify himself or herself shall notify his or her supervisor in writing. This notice shall be forwarded to the City Clerk of the City of Huntington Beach, who shall record the employee' s disqualification. Upon receipt of such statement, the supervisor shall immediately reassign the matter to another employee. In the case of a designated employee who is a member of a city board, commission or committee, notice of disqualification shall be given at the meeting during which consideration of the decision takes place and shall be made part of the official record of said board, commission or committee. The member shall then refrain from participating and shall attempt in no way to use his or her official position to influence any other person with respect to the matter. SECTION 9 . Definition of Terms. Except as otherwise provided, the definitions contained in the Political Reform Act of 1974 (Government Code Sections 81000 et seq. ) , the Regulations of the Fair Political Practices Commission, and any amendments to the Act or Regulations , shall be incorporated into this Code. SECTION 10. Effective Date of Code. This conflict of interest code shall become effective thirty days after approval by the City Council of the City of Huntington Beach. a. Res. No. 4459 STATE; OF CALIFORNIA ) COUNTY OF ORANGE ) as: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the . ist day of November 19 77 , by the following vote: AYES: Councilmen: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson NOES; Councilmen: None h ABSENT: Councilmen: Gibbs City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California