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HomeMy WebLinkAboutResolution No. 98-19 adopted 7/6/98 - Conflict of Interest C Council/Agency Meeting Held: 'I IL /?s Deferred/Continued to: V1 a pproved ❑ Conditionally Approved ❑ Denied y City Clerk's Signature /\/,. `%8 /�J A,Jv --.L 0 - 0 Council Meeting Date: 7/6/9 g Department ID Number: CA 98-05 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBMITTED BY: GAIL HUTTON, City Attorney T. PREPARED BY: GAIL HUTTON, City Attorney SUBJECT: Approve Resolution revising CONFLICT OF INTEREST CODE pertaining to designated employees and officials 0 ,2 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Approve Resolution revising Conflict of Interest Code pertaining to designated employees and officials. Funding Source: Adoption of the Code will require little in the way of hard costs. Generally, adoption of the Code will require the copying of forms and staff time in assisting employees with questions about the forms. Any costs will come out of the general fund Recommended Action: It is recommended that Council approve Resolution No. q,�-,``( , adopting a new Conflict of Interest Code for the City. Alternative Action(s): The Council can change the list of designated employees, boards commissions, and committees (Exhibit B to the Resolution) by adding or deleting titles. However, adoption of a revised Conflict of Interest Code is mandated by state law. Analysis: State law mandates that the City adopt a Conflict of Interest Code requiring designated employees and members of City boards, commissions and committees to file a Statement of Economic Interest. The City's code does not apply to the City Council, City Treasurer, and City Attorney, among others, all of whom are required to file such Statements pursuant to State law. The City code applies only to those designated by the Council Persons so designated are required to file a Statement upon assuming their position, an annual statement each April 1, and a Statement upon leaving their position. The code requires such persons to disqualify themselves from REQUEST FOR ACTION n MEETING DATE: 7/6/98 DEPARTMENT ID NUMBER: CA 98-05 participating in decisions or influencing decisions in which they have a conflict. The last Conflict of Interest code adopted by the City was Resolution No. 4459, adopted November 21, 1977. Since then, employee job titles and descriptions have been added, deleted and changed and it is necessary to update those titles. The City Attorney's office and Acting Public Works Director met to consider the objections made by certain employees to being listed as designated employees. After reconsideration and approval of the Personnel Director, the following classifications were delisted: Crewleader Building Maintenance Crewleader Street Services Crewleader Electrical Maintenance Crewleader Street Trees Crewleader Irrigation Crewleader Traffic Crewleader Mechanical Maintenance Crewleader Traffic Signals Crewleader Park Maintenance Crewleader Water Distribution Crewleader Pesticide Advisor Crewleader Water Meter Operations Crewleader Sewer Maintenance Leadworker-Water Crewleader Street Landscaping Environmental Status: N/A Attachment(s): City Clerk's Page Number 0 Description 1 Resolution No. RCA Author: Hutton/Lazarus CONFLICT.DOC -2- 06/08/98 5:10 PM ATTACHMENT # 1 RESOLUTION NO. 98-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA AMENDING ITS CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act(Government Code Section 8100, et seq.)requires state and local government agencies to adopt and promulgate conflict of interest codes; and The City of Huntington Beach has adopted a conflict of interest code by Resolution 4459 on November 21, 1977, and now desires to amend the code; and The Fair Political Practices Commission has adopted a regulation(2 Cal. Code of Regs. 18730)which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. NOW, THEREFORE, the City Council of the City of Huntington Beach, California, hereby resolves as follows: Section 1. Reuulation Section 18730. The terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and attached hereto as Exhibit A. This regulation and the attached Exhibit B designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of Huntington Beach. Section 2. Filing of Statements. Designated officials and employees shall file their statements with the City Clerk which will make the statements available for public inspection 1 MK/s•PCD Resolutions Conflnt 3/17/98 and reproduction. (Gov. Code Section 81008.) Statements for all designated officals and employees will be retained by the City Clerk. Section 3. Designation of Positions. The persons holding the position set forth in Exhibit B are designated officials and employees The Council determines that such persons make or participate in the making of decisions which may forseeably have a material effect on any financial interest as defined in Government Code Section 87103. Section 4. Exclusions. This code shall not apply to: a) public officials specified in Government Code Section 87200, as is or may be amended, including, but not limited to, members of the city council, planning commissioners, the city administrator, city attorney, city treasurer, and other public officials who manage public investments who are required to file Statements of Economic Interests pursuant to state law; b) persons required to file Statements of Economic Interests pursuant to regulations which have been or may be adopted by the Fair Political Practices Commission; c) clerical, secretarial, manual, and ministerial employees. Section 5. Disclosure Required. Designated officials and employees as set forth in Exhibit B shall file conflict of interest statements listing financial interests as follows: a) investments and business positions in, and income from, business entities doing business in the City or entities which have a foreseeable interest in doing business in the City, including businesses responding to requests for proposals issued by the City, and businesses in contractual negotiations with the City Such designated officials and employees shall also report interests in real property in the City or within two miles of the boundaries of the City or of any property owned or used by the City. 2 MK/s PCD Resolutions ConfInt 3/17/98 Section 6 Consultants. Consultants shall be included in the list of designated officals and employees and shall disclose interests subject to the following limitation: a) The City Administrator may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in Section 5, above. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements The City Administrator's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code Section 7. Disqualification. Designated officials and 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 interested of that employee No designated employee shall be prevented from making or participating in the making of an decision to the extent his or her participating 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 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, 3 MK/s PCD Resolutions ConfInt 3/17/98 or committee. The member shall then refrain from participafing and shall attempt in no way to use his or her official position to influence any other person with resoect to the matter. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of July , 1998 g,�, Z"",) Mayor / 17"' ATTEST: APPROVED AS TO FORM: j� L � City Clerk A.,city Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED Acting city Administrator Q City Attorney 4 MK/s PCD•Resolutions Conllnt 3/17/99 2 CA ADC s 18730 Exhibit A Page 1 2 CCR s 18730 Cal. Admin. Code tit. 2, s 18730 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Title 2. Administration Division 6. Fair Political Practices Commission Chapter 7. Conflicts of Interest Article 2. Disclosure s 18730. Provisions of Conflict of Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 97300 or the amendment of a conflict of interest code within the meaning of Government Code section 87307 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial _ interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geogra hP ical jurisdiction of this agency is the same as or is wholly included within e�urtsdiction in which those_Rersons must ,report their financial interests pursuant to article 2 of-chapter-7 of the Political Reform Act, Government Code sections 87200, et seq. -� In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under Article 2 of Chapter 7 of the Political Reform Act, Government Code section 87200; and Copr. m West 1997 No claim to orig. U.S. govt. works EXHIBIT "A" 2 CA ADC s 18730 Page 2 (C) The filing officer is the same for both agencies. [FN1] Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. [FN2] (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code, shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her, appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Copr. 0 West 1997 No claim to orig. U.S. govt. works 2 CA ADC s 18730 Page 3 Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held bn the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property [FN3] is required to be reported, [FN4] the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. 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; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars;$1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). (B) Personal Income Disclosure. When personal income is required to be reported, [FN5] the statement shall contain: 1. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); 3. A description of the consideration, if any, for which the income was received; Copr. C West 1997 No claim to orig. U.S. govt. works 2 CA ADC s 18730 Page 4 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, [FN6] the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. 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). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or comnssion, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifu in Excess of$290. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $290 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and(g) of Government Code Section 89503 shall apply to the prohibitions in this section. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: Copr. 0 West 1997 No claim to orig. U.S. govt. works 2 CA ADC s 18730 Page 5 (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more;. (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $290 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. 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. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. (10) Section 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal Copr. m West 1997 No claim to orig. U.S. govt. works 2 CA ADC s 18730 Page 6 opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000-91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or,of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. Note: Authority cited: Section 83112, Government Code. Reference: Sections 87300-87302, 89501, 89502, 89503 and 89504, Government Code. FN1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. FN2 See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. FN3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. FN4 Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rats share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. FN5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state,local or federal government agency. FN6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. History 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included. 2. Editorial correction (Register 90, No. 29). 3. Amendment of subsection(b) filed 1-9-81; effective thirtieth day thereafter(Register 81, No. 2). 4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No, 46). 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16). Copr. 0 West 1997 No clain to orig. U.S. govt. works 2 CA ADC s 18730 Page 7 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). < <(Division Originally Printed 1-11-75)> > 2 CA ADC s 18730 END OF DOCUMENT Copr. (D West 1997 No claim to orig. U.S. govt. works EXHIBIT B DESIGNATED EMPLOYEES CLASSIFICATION Accountant Accountant Principal Accountant Senior Assistant City Administrator Assistant Project Manager Beach Operations Supervisor Building and Safety Director Buyer City Clerk City Engineer Civil Engineer Associate Civil Engineer Principal Civil Engineering Assistant Civil Engineering Junior Claims Examiner Claims Examiner Senior Claims Supervisor Code Enforcement Officer Code Enforcement officer Senior 3/25/98 I Code Enforcement 'Trainee Computer Operations Supervisor Contract Administrator Criminalist Chief Cultural Services Manager Customer Services Rep Customer Services Rep/Cashier Customer Service Rep/Field Customer Services Rep/Senior Customer Services Supervisor Department Analyst Senior Deputy city Administrator Dep City Adm/Chief Admin Services Deputy City Attorney I Deputy City Attorney II Deputy City Attorney III Deputy City Clerk II Deputy City 'Treasurer Deputy City 'Treasurer Senior Deputy Dir Recreation Beaches & Dev Development Specialist Director of Community Development 3/25/98 2 Director of Community Services Director of Economic Development Director of Finance Director,of Library Director of Public Works Director of Real Estate Services Fire Chief Fire Chief Division Fire Protection Analyst Fire Protection Specialist Housing Rehab Finance Specialist Housing Rehab Manager Information Systems Manager Info Systems Manager--Public Safety Inspection Manager Inspector I Inspector II Inspector III Inspector Comb/Struct Supervisor Inspector Electrical Principal Inspector Principal Plumb and Mech Inspector Public Works Senior 3/25/98 3 Inspection Public Works/'Trainee Inspector Water services Inspector Water Services Senior Insurance and Benefits Manager Investigator Landscape Architect Law Office Manager Librarian Senior Library Services Manager Maintenance Operations Manager Management Assistant Marine Safety Captain Medical Claims Processor Meter Deader Meter header Senior Parking and Camping Supervisor Permit and Plan Check Manager Permit Supervisor Personnel Director Plan Checker Building Plan Checker Building Senior Plan Checker Engineer 3/25/98 4 Plan Checker Public Works Senior Planner Assistant Planner Associate Planner Senior Planning Aide Planning Director Police Captain Police Chief Police Lieutenant Project Manager Purchasing/Central Services Manager Real Estate Agent Real Property Assistant Records Administrator--Police Service Officer--Alarm Storekeeper Superintendent Park, 'frees & band Superintendent Recreation & Human Sery Supervisor Building Maintenance Supervisor Mechanical Maintenance Supervisor Park Maintenance Supervisor Trees, Landscaping, Pest 3/25/98 5 Supervisor Water Distribution Supervisor Water Production Telecommunications Assistant Traffic Engineer Traffic Engineer Associate Warehousekeeper Water Operations Manager BOARDS, COMMISSIONS AND COMMITTEES Board of Appeals Design Review Board Finance Board Investment Advisory Board Personnel Commission Project Area Committee Public Works Commission Redevelopment Committee 3/25/98 6 Iles. No. 98-19 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,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 at least a majority of all the members of said City Council at a regular meeting thereof held on the 6th clay of July, 1998 by the following vote: AYES: Julien, Harman, Green, Dettloff,Bauer, Sullivan, Garofalo NOES: None ABSENT: None City Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California G/reso I utUresbkpg/97-80 Council/Agency Meeting Held: Deferred/Continued to: 6��o'I OT9 ❑Approved ❑ Conditionally Approved ❑ Denied D60alY 67ity Clerk's Signature Council Meeting Date- ,,, April 6, 1998 Department ID Number CA 98-05 CITY OF HUNTINGTON BEACH REQUEST F®R ACTa®N SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBMITTED BY: GAIL HUTTON, City Attorney Res PREPARED BY: � All_ HUTTON, City Attorney :a :> SUBJECT: Approve Revised Conflict of Interest Code Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: Approve adoption of an updated Conflict of Interest code for the City. Funding Source: Adoption of the Code will require little in the way of hard costs. Generally, adoption of the Code will require the copying of forms and staff time in assisting employees with questions about the forms. Any costs will come out of the general fund. Recommended Action: It is recommended that Council approve Resolution No. adopting a new Conflict of Interest Code for the City. Alternative Action(s): The Council can change the list of designated employees, boards commissions, and committees (Exhibit B to the Resolution) by adding or deleting titles. However, adoption of a revised Conflict of Interest Code is mandated by state law. 9 GG REQUEST FOR ACTION MEETING DATE: April 6, '1998 DEPARTMENT ID NUMBER: CA 98-05 Analysis: State law mandates that the City adopt a Conflict of Interest Code requiring designated employees and members of City boards, commissions and committees to file a Statement of Economic Interest. The City's code does not apply to the City Council, City Treasurer, and City Attorney, among others, all of whom are required to file such Statements pursuant to State law. The City code applies only to those designated by the Council. Persons so designated are required to file a Statement upon assuming their position, an annual statement each April 1, and a Statement upon leaving their position. The code requires such persons to disqualify themselves from participating in decisions or influencing decisions in which they have a conflict. The last Conflict of Interest code adopted by the City was Resolution No. 4459, adopted November 21, 1977. Since then, employee job titles and descriptions have been added, deleted and changed and it is necessary to update those titles. The City Attorney's office and Acting Public Works Director met to consider the objections made by certain employees to being listed as designated employees. After reconsideration and approval of the Personnel Director, the following classifications were delisted: Crewleader Building Maintenance Crewleader Street Services Crewleader Electrical Maintenance Crewleader Street Trees Crewleader Irrigation Crewleader Traffic Crewleader Mechanical Maintenance Crewleader Traffic Signals Crewleader Park Maintenance Crewleader Water Distribution Crewleader Pesticide Advisor Crewleader Water Meter Operations Crewleader Sewer Maintenance Leadworker-Water Crewleader Street Landscaping Environmental Status: N/A Attachment(s�: 17 Resolution No. 1Ld RCA Author. MJK Rev.3/26/98 98-05.DOC -2- 03/27/98 8:53 AM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA AMENDING ITS CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act(Government Code Section 8100, et seq.)requires state and local government agencies to adopt and promulgate conflict of interest codes; and The City of Huntington Beach has adopted a conflict of interest code by Resolution 4459 on November 21, 1977, and now desires to amend the code; and The Fair Political Practices Commission has adopted a regulation(2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. NOW, THEREFORE, the City Council of the City of Huntington Beach, California, hereby resolves as follows: Section 1. Reizulation Section 18730. The terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and attached hereto as Exhibit A. This regulation and the attached Exhibit B designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of Huntington Beach. Section 2. Filing of Statements. Designated employees shall file their statements with the City Clerk which will make the statements available for public inspection and 1 MK/s PCD•Resolutions ConfInt 3/17/98 reproduction. (Gov. Code Section 81008.) Statements for all designated employees will be retained by the City Clerk. Section 3. Designation of Positions. The persons holding the position set forth in Exhibit B are designated employees. The Council determines that such persons make or participate in the making of decisions which may forseeably have a material effect on any financial interest as defined in Government Code Section 87103. Section 4. Exclusions. This code shall not apply to: a) public officials specified in Government Code Section 87200, as is or may be amended, including, but not limited to,members of the city council,planning commissioners, the city administrator, city attorney, city treasurer, and other public officials who manage public investments who are required to file Statements of Economic Interests pursuant to state law; b) persons required to file Statements of Economic Interests pursuant to regulations which have been or may be adopted by the Fair Political Practices Commission; c) clerical, secretarial, manual, and ministerial employees. Section 5. Disclosure Required. Designated employees as set forth in Exhibit B shall file conflict of interest statements listing financial interests as follows: a) investments and business positions in, and income from, business entities doing business in the City or entities which have a foreseeable interest in doing business in the City, including businesses responding to requests for proposals issued by the City, and businesses in contractual negotiations with the City. Such designated employees shall also report interests in real property in the City or within two miles of the boundaries of the City or of any property owned or used by the City. 2 MK/s PCD Resolutions ConfInt 3/17/98 Section 6. Consultants. Consultants shall be included in the list of designated employees and shall disclose interests subject to the following limitation: a) The City Administrator may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in Section 5, above. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 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 interested of that employee. No designated employee shall be prevented from making or participating in the making of an decision to the extent his or her participating 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 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, 3 MK/s PCD Resolutions ConIInt 3/17/98 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 resoect to the matter. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1998 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attornejy, ' \ REVIEWED AND APPROVED: INITIATED AND APPROVED e, ��- Acting city Administrator City Attorney 3t rrbG 4 MK/s PCD Resolutions ConfInt 3/17/98 2 CA ADC s 18730 Exhibit A Page 1 2 CCR s 18730 Cal. Admin. Code tit. 2, s 18730 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Title 2. Administration Division 6. Fair Political Practices Commission Chapter 7. Conflicts of Interest Article 2. Disclosure s 18730. Provisions of Conflict of Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87307 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under Article 2 of Chapter 7 of the Political Reform Act, Government Code section 87200; and Copr. m West 1997 No claim to orig. U.S. govt. works EXHIBIT "A" 2 CA ADC s 18730 Page 2 (C) The filing officer is the same for both agencies. [FN1] Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. [FN2] (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code. shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the.period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Copr. ©West 1997 No claim to orig. U.S. govt. works 2 CA ADC s 18730 Page 3 Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property [FN3] is required to be reported, [FN4] the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. 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; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars;$1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). (B) Personal Income Disclosure. When personal income is required to be reported, [FN5] the statement shall contain: 1. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); 3. A description of the consideration, if any, for which the income was received; Copr.C West 1997 No claim to orig. U.S. govt. works 2 CA ADC s 18730 Page 4 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, [FN6] the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. 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). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of$290. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $290 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and(g)of Government Code Section 89503 shall apply to the prohibitions in this section. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: Copr. ®West 1997 No claim to orig. U.S. govt. works 2 CA ADC s 18730 Page 5 (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $290 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. 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. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. (10) Section 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal Copr. O West 1997 No claim to orig. U.S. govt. works 4 , 2 CA ADC s 18730 Page 6 opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000-91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. Note: Authority cited: Section 83112, Government Code. Reference: Sections 87300-87302, 89501, 89502, 89503 and 89504, Government Code. FN1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. FN2 See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. FN3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. FN4 Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. FN5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state,local or federal government agency. FN6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. History 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included. 2. Editorial correction(Register 80, No. 29). 3. Amendment of subsection(b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2). 4. Amendment of subsection(b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter(Register 83, No. 46). 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16). Copr. m West 1997 No claim to orig. U.S. govt. works 2 CA ADC s 18730 Page 7 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section I I343.4(d) (Register 95, No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). < <(Division Originally Printed 1-11-75)> > 2 CA ADC s 18730 END OF DOCUMENT Copr. C West 1997 No claim to orig. U.S. govt. works EXHIBIT B DESIGNATED EMPLOYEES CLASSIFICATION Accountant Accountant Principal Accountant Senior Assistant City Administrator Assistant Project Manager Beach Operations Supervisor Building and Safety Director Buyer City Clerk City Engineer Civil Engineer Associate Civil Engineer Principal Civil Engineering Assistant Civil Engineering Junior Claims Examiner Claims Examiner Senior Claims Supervisor Code Enforcement Officer Code Enforcement officer Senior 3/25/98 1 Code Enforcement'Trainee Computer Operations Supervisor Contract Administrator Criminalist Chief Cultural Services Manager Customer Services Rep Customer Services Rep/Cashier Customer Service Rep/Field Customer Services Rep/Senior Customer Services Supervisor Department Analyst Senior Deputy city Administrator Dep City Adm/Chief Admin Services Deputy City Attorney I Deputy City Attorney II Deputy City Attorney III Deputy City Clerk II Deputy City 'Treasurer Deputy City 'Treasurer Senior Deputy Dir Recreation Beaches & Dev Development Specialist Director of Community Development 3/25/98 2 Director of Community Services Director of Economic Development Director of Finance Director of Library Director of Public Works Director of Real Estate Services Fire Chief Fire Chief Division Fire Protection Analyst Fire Protection Specialist Dousing Rehab Finance Specialist Dousing Rehab Manager Information Systems Manager Info Systems Manager--Public Safety Inspection Manager Inspector I Inspector II Inspector III Inspector Comb/Struct Supervisor Inspector Electrical Principal Inspector Principal Plumb and Mech Inspector Public Works Senior 3/25/98 3 1 Inspection Public Works/Trainee Inspector Water services Inspector Water Services Senior Insurance and Benefits Manager Investigator Landscape Architect Law Office Manager Librarian Senior Library Services Manager Maintenance Operations Manager Management Assistant Marine Safety Captain Medical Claims Processor Meter Reader Meter Reader Senior Parking and Camping Supervisor Permit and Plan Check Manager Permit Supervisor Personnel Director Plan Checker Building Plan Checker Building Senior Plan Checker Engineer 3/25/98 4 Plan Checker Public Works Senior Planner Assistant Planner Associate Planner Senior Planning Aide Planning Director Police Captain Police Chief Police Lieutenant Project Manager Purchasing/Central Services Manager Real Estate Agent Real Property Assistant Records Administrator--Police Service Officer--Alarm Storekeeper Superintendent Park, 'frees & Land Superintendent Recreation & Human Sery Supervisor Building Maintenance Supervisor Mechanical Maintenance Supervisor Park Maintenance Supervisor Frees, Landscaping, Pest 3/25/98 5 Supervisor Water Distribution Supervisor Water Production Telecommunications Assistant Traffic Engineer Traffic Engineer Associate Warehousekeeper Water Operations Manager BOARDS, COMMISSIONS AND COMMITTEES Allied Arts Board Ascon Site Board of Appeals Children's Needs Task Force Citizens Participation Advisory Board Citizen's Advisory Board on the City's Infrasture Community Services Commission Design Review Board Downtown Task Force Environmental Board Film Committee Finance Board Florida Utica Task Force 3/25/98 6 Fourth of July Board Historic Resources Board Huntington Beach Waterways & Beaches Investment Advisory Board Library Board Mobile Home Advisory Board Neighborhood Watch Oakview Task Force Personnel Commission Planning Commission Public Works Commission Sign Code Committee Specific Events Committee Water Task Force Youth Board 3/25/98 7 RCA ROUTING SH INITIATING DEPARTMENT: CITY ATTORNEY SUBJECT: CONFLICT OF INTEREST CODE COUNCIL MEETING DATE: April 6, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: - . - RCA Author Council/Agency Meeting Held: 0511 7rred/Continued to: roved ❑ Conditionally Approved ❑ Denied City Clerk's Signature -D o Council Meeting Date: March 16, 1998 Department ID Number: CA 98-05 (jE4vtsrV-o -hly+r eu4ss/F�crYn CITY OF I"IUNTINGT®IV BEACH �tEFE12RE0 Ta �DI�R/LTG P1tB,C/C'i C01n1,n,6iN7-5 /069770N or- 77271-6 14GaKo11 6,C- En To REQUEST FOR ACTION . rye rn .VE Z SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCILff, "2--1 rn PALSUBMITTED BY: HUTTON, City Attorney g --fro PREPARED BY: AW�UTTON, City Attorney m SUBJECT: Approve Revised Conflict of Interest Code F atement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Approve adoption of an updated Conflict of Interest code for the City. Funding Source: Adoption of the Code will require little in the way of hard costs. Generally, adoption of the Code will require the copying of forms and staff time in assisting employees with questions about the forms. Any costs will come out of the general fund. Recommended Action: It is recommended that Council approve Resolution No. /cy ,, adopting a new Conflict of Interest Code for the City. Alternative Action(s): The Council can change the list of designated employees, boards commissions, and committees (Exhibit B to the Resolution) by adding or deleting titles. However, adoption of a revised Conflict of Interest Code is mandated by state law. y REQUEST FOR ACTION MEETING DATE: March 16, 1998 DEPARTMENT ID NUMBER: CA 98-05 Analysis: State law mandates that the City adopt a Conflict of Interest Code requiring designated employees and members of City boards, commissions and committees to file a Statement of Economic Interest. The City's code does not apply to the City Council, City Treasurer, and City Attorney, among others, all of whom are required to file such Statements pursuant to State law. The City code applies only to those designated by the Council, Persons so designated are required to file a Statement upon assuming their position, an annual statement each April 1, and a Statement upon leaving their position. The code requires such persons to disqualify themselves from participating in decisions or influencing decisions in which they have a conflict. The last Conflict of Interest code adopted by the City was Resolution No. 4459, adopted November 21, 1977. Since then, employee job titles and descriptions have been added, deleted and changed and it is necessary to update those titles. Environmental Status: N/A Attachment(s): GKYQlerkls P-ggp NAMy .e Dosmriptic0i 1 Resolution No. RCA Author. MJK 98-05.DOC -2- 03/02/98 12:23 PM ATTACHMENT 1 RESOLUTION NO. '� - I' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA AMENDING ITS CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act(Government code Section 8100, et seq.)requires state and local government agencies to adopt and promulgate conflict of interest codes, and the City of Huntington Beach has adopted a conflict of interest code by Resolution 4459 on November 21, 1977, and now desires to amend the code; and The Fair Political Practices Commission has adopted a regulation(2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. NOW, THEREFORE, the City Council of the City of Huntington Beach, California, hereby resolves as follows: Section 1. Reyulation Section 18730. The terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and attached hereto as Exhibit A. This regulation and the attached Exhibit B designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of Huntington Beach. Section 2. Filing of Statements. Designated employees shall file their statements with the City Clerk which will make the statements available for public inspection and 1 MK/s PCD Resolutions Conflnt 2/3/98 reproduction. (Gov. Code Section 81008.) Statements for all designated employees will be retained by the City Clerk. Section 3. Designation of Positions. The persons holding the position set forth in Exhibit B are designated employees. The Council determines that such persons make or participate in the making of decisions which may forseeably have a material effect on any financial interest as defined in Government code Section 87103. Section 4. Exclusions. This code shall not apply to: a) public officials specified in Government Code Section 87200, as is or may be amended, including, but not limited to, members of the city council,planning commissioners, the city administrator, city attorney, city treasurer, and other public officials who manage public investments who are required to file Statements of Economic Interests pursuant to state law; b) persons required to file Statements of Economic Interests pursuant to regulations which have been or may be adopted by the Fair Political Practices Commission; c) clerical, secretarial, manual, and ministerial employees. Section 5. Disclosure Categories. Designated employees as set forth in Exhibit B shall file conflict of interest statements listing financial interests in accordance with the following categories: a) Category 1--This category includes persons whose positions require them to make decisions or who have substantial input in the making of decisions on a wide variety of matters, and are generally limited to department heads or upper-level employees. Such designated employees shall report investments and business positions in, and income from, business entities doing business in the City or entities which have a foreseeable interest in doing business in the City, including businesses responding to requests for proposals issued by the 2 MK/s PCD Resolutions ConfInt 2/3/98 business in the City, including businesses responding to requests for proposals issued by the City, and businesses in contractual negotiations with the City. Such designated employees shall also report interests in real property in the City or within two miles of the boundaries of the City or of any property owned or used by the City; b) Category 2--This category includes persons whose duties require them to determine or advise in determining the supplies, equipment, and services to be purchased or sold by the City, and the vendors from whom or to whom such purchases or sales shall be made. such designated employees shall report investments and business positions in, and income from, business entities doing business in the City or entities which have a foreseeable interest in doing business in the City, including businesses responding to requests for proposals issued by the City, and businesses in contractual negotiations with the City. c) Category 3--This category includes persons whose duties involve the sale or lease of City-owned real property, the purchase of real property by the City or the use or development of land within the City. Such designated employees shall report interests in real property in the City or within two miles of the boundaries of the City or of any property owned or used by the City. Section 6. Consultants. Consultants shall be included in the list of designated employees and shall disclose interests as Category 1 employees, subject to the following limitations: a) The City Administrator may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in Section 5, above. Such written determination shall include a description of the consultant's 3 MK/s PCD Resolutions ConfInt 2/3/98 duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 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. No designated employee shall be prevented from making or participating in the making of an decision to the extent his or her participating 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 her or her supervisor in writing. This notice shall be forwarded to the City Clerk 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. Effective Date. This conflict of interest code shall become effective on April 1, 1998, at which time all designated employees specified herein shall be required to file conflict of interest statements for the 1997 calendar year. 4 MK/s PCD Resolutions ConfInt 2/3/98 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1998 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED 62&w s��- - ".�- ozzl � Acting ci Administrator City Attorney L-_.? ---TY 5 MK/s PCD Resolutions ContInt 2/3/98 EXHIBIT A Exhibit A -(Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations) 18730. Provisions of Conflict of Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code Section 87300 or the amendment of a conflict of interest code within the meaning of Government Code Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 81000, et sea. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, et sea.) , and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. 1 18730 (CEB 9/95) (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et sea. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; B) The disclosure assigned in the code of the other agency is the same as that required under Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200; and 2 18730 (CEB 9/95) C) The filing officer is the same for both agencies. Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's 1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under Article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section 81004. 3 18730 (CE$9/95) conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice 2 See Government Code Section 81010 and 2 Cal. Code of Regs. Section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. q 18730 (CEB 9/95) provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of per3ury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, 5 18730 (CEB 9/95) interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Property Disclosure. When an investment or an interest in real property is required to be 3 For the u p rpose of disclosure only (not disqualification) , an interest in real property does not include the principal residence of the filer. 6 18730 (CEB 9/95) reported,4 the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. 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; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1,000) , exceeds ten thousand dollars ($10,000) , or exceeds one hundred thousand dollars ($100,000) . (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain: 1. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value or fifty dollars ($50) or-more in value if the income was a gift, and 4 Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 7 18730 (CEB 9/95) a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000) , or greater than ten thousand dollars ($10,000) ; 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. g 18730 (CEB 9/95) receipts from such person was equal to or greater than ten thousand dollars ($10,000) . (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (b) , (c) , (d) , and (e) of Government Code Section 89502 shall apply to the prohibitions in this section. 9 18730 (CEB 9/95) (B) No member of the governing board of a special district or designated employee of a local government agency shall accept any honorarium. Subdivisions (b) , (c) , and (e) of Government Code Section 89502 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code Section 89506. (8.1) Section 8.1 Prohibition on Receipt of Gifts of $280 or More. (A) No member of a state board or commission, and no designated employee of a state agency, shall accept gifts with a total value of more than two hundred eighty dollars ($280) in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (b) , (c) , (d) , and (e) of Government Code Section 89504 shall apply to the prohibitions in this section. (B) No member of the governing board of a special district, or designated employee of a local government agency shall accept any gifts with a total value of more than two hundred 10 18730 (CEB 9/95) eighty dollars ($280) in a calendar year from any single source. Subdivision (d) of Government Code Section 89504 shall apply to this section. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or 11 18730 (CEB 9/95) (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred and eighty dollars ($280) or more in value provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. 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. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of Section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the 12 18730 (CEB 9/95) rendering of goods or services totaling in value one thousand dollars ($1,000) or more. (10) Section 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code 13 18730 (CEB 9/95) Sections 81000 - 91014. In addition, a decision in relation to I which a violation of the disqualification provisions of this code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003. Note: Authority: Section 83112, Gov. Code Reference: Sections 87300-87302, 89501, 89502, 89503, and 89504, Gov. Code History (1) New section filed 4-2-80 as an emergency; effective upon filing. Certificate of Compliance included. (2) Editorial correction. (3) Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter. (4) Amendment of subsection (b) (7) (B)l. filed 1-26-83; effective thirtieth day thereafter. (5) Amendment of subsection (b) (7) (A) filed 11-10-83; effective thirtieth day thereafter. (6) Amendment filed 4-13-87; effective thirtieth day thereafter. (7) Amendment of subsection (b) filed 10-21-88; effective thirtieth day thereafter. (8) Amendment filed 8-28-90; effective thirtieth day thereafter. (9) Amendment filed 8-7-92; effective thirtieth day thereafter. (10) Amendment filed 2-5-93; effective upon filing. (11) Amendment filed 3-14-95; effective upon filing. 14 18730 (CEB 9/95) EXHIBIT B EXHIBIT B DESIGNATED EMPLOYEES CLASSIFICATION Accountant Accountant Principal Accountant Senior Assistant City Administrator Assistant Project Manager Beach Operations Supervisor Building and Safety Director Buyer City Clerk City Engineer Civil Engineer Associate Civil Engineer Principal Civil Engineering Assistant Civil Engineering Junior Claims Examiner claims Examiner Senior claims Supervisor Code Enforcement Officer Code Enforcement officer Senior 2/3/98 1 Code Enforcement Trainee computer Operations Supervisor Contract Administrator Crewleader]Building Maintenance Crewleader Electrical Maintenance Crewleader Irrigation Crewleader Mechanical Maintenance Crewleader parr Maintenance Crewleader Pesticide Advisor Crewleader Sewer Maintenance Crewleader Street Landscaping Crewleader Street Services Crewleader Street Trees Crewleader Traffic Crewleader Traffic Signals Crewleader Water Distribution Crewleader Water Meter Operations Criminalist Chief Cultural Services Manager Customer Services Rep Customer Services Rep/Cashier Customer Service Rep/field 2/3/98 2 Customer Services Rep/Senior Customer Services Supervisor Department Analyst Senior Deputy city Administrator Dep City Adm/Chief Admin Services Deputy City Attorney I Deputy City Attorney II Deputy city Attorney III Deputy City Clerk II Deputy City Treasurer Deputy City Treasurer Senior Deputy Dir Recreation Beaches & Dev Development Specialist Director of Community Development Director of Community Services Director of Economic Development Director of Finance Director of Library Director of Public Works Director of Real Estate Services Fire Chief Fire Chief Division 2/3/98 3 Fire Protection Analyst Fire Protection Specialist Housing Rehab Finance Specialist Housing Rehab Manager Information Systems Manager Info Systems Manager--Public Safety Inspection Manager Inspector I Inspector II Inspector III Inspector Comb/Struct Supervisor Inspector Electrical Principal Inspector Principal Plumb and Mech Inspector Public Works Senior Inspection Public Works/'Trainee Inspector Water services Inspector Water Services Senior Insurance and Benefits Manager Investigator Landscape Architect Law Office Manager Leadworker-Water zi3i9s 4 Librarian Senior Library Services Manager Maintenance Operations Manager Management Assistant Marine Safety Captain Medical Claims Processor Meter Reader Meter Reader Senior Parking and Camping Supervisor Permit and Plan Check Manager Permit Supervisor Personnel Director Plan Checker Building Plan Checker wilding Senior Plan Checker Engineer Plan Checker Public Works Senior Planner Assistant Planner Associate Planner Senior Planning Aide Planning Director Police Captain 2/3/98 5 Police Chief Police Lieutenant Project Manager Purchasing/Central Services Manager Real Estate Agent Real Property Assistant Records Administrator--Police Service Officer--Alarm Storekeeper Superintendent Park,'frees & Land Superintendent Recreation & Human Sery Supervisor Building Maintenance Supervisor Mechanical Maintenance Supervisor Park Maintenance Supervisor Trees, Landscaping, Pest supervisor Water Distribution Supervisor Water Production Telecommunications Assistant Traffic Engineer Traffic Engineer Associate Warehousekeeper Water Operations Manager 2/3/98 BOARDS, COM[M[ISSIONS AND COMMITTEES Allied Arts Board Board of Appeals Citizens Participation Advisory Board Community Services Commission Design Review Board Environmental Board Finance Board Fourth of July Board Investment Advisory Board Library Board Personnel Commission Public Works Commission 2/3/98 7 RCA ROUTING INITIATING DEPARTMENT: CITY ATTORNEY SUBJECT: CONFLICT OF INTEREST CODE COUNCIL MEETINGIDATE: February 17, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR 4RDED Administrative Staff ( ) ( ) Assistant City Administrator (initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: ® e RCA Author: R(00;h' A ROUTING INITIATING DEPARTMENT: CITY ATTORNEY SUBJECT: CONFLICT OF INTEREST CODE COUNCIL MEETING DATE: March 16, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM, RCA Author. The following job classifications should be deleted from EXHIBIT as it is ridiculous to require these persons to file reportable interests documents. Their ability to influence monetary decisions is negligible EXHIBIT B DESIGNATED EMPLOYEES RECEIVED FROM I M «K 5 AND MADE A PART OF THE RECORD,11'Th CLASSIFICATION COUNCIL MEETING OF r -�?-- OFFICE OF THE CITY CLERK CONNIE BROCKWAY,CITY CLE",�- Cade Enforcement Trainee 2131980 1 Crewleader wilding Maintenance Crewleader Electrical Maintenance Crewleader Irrigation Crewleader Mechanical Maintenance Crewleader Park Maintenance Crewleader Pesticide Advisor Crewleader Sewer Maintenance Crewleader Street Landscaping Crewleader Street Services Crewleader Street'gees Crewleader Traffic Crewleader Traffic Signals Crewleader eater Distrobution Crewleader Water Meter Operations 2/3198 2 Meter Reader 2/3198 a Jim Hicks A resident of Huntington Beech 7552 Garfield AV. # 18 71 7-0235