HomeMy WebLinkAboutResolution - 2273 RESOLUTION NO. 2273
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, APPROVING AND ADOPTING AN AMENDED APPENDIX
OF THE CONFLICT OF INTEREST CODE PURSUANT TO THE
POLITICAL REFORM ACT OF 1974
WHEREAS, the Legislature of the State of California enacted the Political Reform
Act of 1974, Government Code Section 81000 et seq. (the "Act"), which contains
provisions relating to conflicts of interest which potentially affect all officers, employees
and consultants of the City of San Jacinto (the "City") and requires all public agencies to
adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City Council adopted a Conflict of Interest Code which was
amended on October 1, 1998, by Resolution No. 98-49, in compliance with Government
Code Section 81000 et seq.; and
WHEREAS, subsequent changed circumstances within the City, have made it
advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and
update the Appendix of the City's Conflict of Interest Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are
substantial and may include criminal and civil liability, as well as equitable relief which
could result in the City being restrained or prevented from acting in cases where the
provisions of the Act may have been violated, and
WHEREAS, notice of the time and place of a public meeting on, and of
consideration by the City Council of, the proposed amended Conflict of Interest Code was
provided each designated employee and publicly posted for review at the offices of the
City Clerk; and
WHEREAS, a public meeting was held upon the proposed amended Appendix of
the Conflict of Interest Code at a regular meeting of the City Council on December 21,
2000, at which all present were given an opportunity to be heard on the proposed
amended Conflict of Interest Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Jacinto that the City Council does hereby adopt the proposed amended Appendix of the
Conflict of Interest Code, a copy of which is attached hereto and shall be on file along with
the Conflict of Interest Code with the City Clerk and available for inspection to the public;
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BE IT FURTHER RESOLVED that the said amended Appendix of the Conflict of
Interest Code shall become effective 30 days after the date of its adoption and approval
on January 20, 2001.
APPROVED AND ADOPTED this 21st day of December, 2000, by the following
vote:
AYES: Good and Ayres and Williams
NOES: None
ABSENT: Conner and Carlson Buydos
ABSTAIN: None
_ 1
Mayor, City of San Jacinto
ATTEST:
y Clerk, City of San Jacinto
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LAW Of FICFS OF
BEST BEST & KRIEGER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF SAN JACINTO
(Amended December 21, 2000)
EXHIBIT "A"
The Mayor, Members of the City Council and Planning Commission, the City
Manager, the City Attorney, the City Treasurer, and All Other City Officials who manage
public investments are included in and governed by this Conflict of Interest Code only with
respect to its disqualification provisions. For purposes of disclosure, the Mayor, Members
of the City Council and Planning Commission, the City Manager, the City Attorney,the City
Treasurer, and All Other City Officials who manage public investments, as defined by 2
Cal. Code of Regs. § 18701(b), are subject to the statutory conflict of interest provisions
of Article 2 of Chapter 7 of the Political Reform Act of 1974 (Government Code Section
87200 et sec.) . [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed beloware Other City Officials
who manage public investments:
Finance Director
Financial Consultants 31
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DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYLES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Administrative Assistant to the City Manager 5
Building Inspector 2, 6, 7
City Attorney (Not filing under Gov Code 87200) 1, 2
City Clerk 6
City Engineer 2, 3, 6, 7
Code Enforcement Officer 2, 6, 7
Economic Development Specialist 1. 2
Finance Supervisor 5
Human Resources Manager 6
Information Planner 2, 3, 6, 7
Parks Leadworker 3, 6, 7
Planning Director 1, 2
Police Chief 6. 7
Police Commander 6, 7
Public Works Inspector 3, 6, 7
Public Works Foreman 3, 6
Public Works Superintendent 3, 6, 7
Water Utilities Supervisor 3, 6
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DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
BOARDS & COMMISSIONS:
Accessibility Appeals Board 1, 2
Agricultural Advisory Committee 1, 2
City Farming Committee 1, 2
Community Preservation Committee 1, 2
Project Area Committee 1 , 2
Redevelopment Agency Board Member 1, 2
Consultant3`
3r Consultants shall be included in the list of Designated Employees and shall
disclose pursuant to the broadest disclosure category in this Code subject to the
following limitation:
The City Manager may determine in writing that a particular consultant, although
a "designated position," is hired to perform a range of duties that are limited in
scope and thus is not required to fully comply with the disclosure requirements
described in this Section. 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 Manager'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.
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BEST BEST & KRIEGER LLP
EXHIBIT "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments,
business entities, sources of income, or real property which the Designated Employee
must disclose for each disclosure category to which he or she is assigned.
Category 1: All investments and business positions in, and sources of
income from, business entities that do business or own real property within the jurisdiction
of the City, plan to do business or own real property within the jurisdiction of the City within
the next year, or have done business or owned real property within the jurisdiction of the
City within the past two (2) years.
Category 2: All interests in real property which is located in whole or in part
within, or not more than two (2) miles outside, the boundaries of the City.
Category 3:All investments and business positions in, and sources of income
from, business entities that are engaged in land development, construction or the
acquisition or sale of real property within the jurisdiction of the City, plan to engage in such
activities within the jurisdiction of the City within the next year, or have engaged in such
activities within the jurisdiction of the City within the past two (2) years.
Category 4: All investments and business positions in, and sources of
income from, business entities that are banking, savings and loan, or other financial
institutions.
Category 5: All investments and business positions in, and sources of
income from, business entities that provide services, supplies, materials, machinery,
vehicles or equipment of a type purchased or leased by the City.
Category 6: All investments and business positions in, and sources of
income from, business entities that provide services, supplies, materials, machinery,
vehicles or equipment of a type purchased or leased by the Designated Employee's
Department.
Category 7: All investments and business positions in, and sources of
income from, business entities subject to the regulatory, permit, or licensing authority of
the Designated Employee's Department, will be subject to such authority within the next
year or have been subject to such authority within the past two (2) years.
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