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HomeMy WebLinkAboutResolution - 3446 STATE OF CALIFORNIA ) RESOLUTION NO. 3446 COUNTY OF RIVERSIDE ) SS. CITY OF SAN JACINTO ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, 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 ("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 (the "Code") which was amended on December 4, 2008, in compliance with the Act; 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 City's 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 Code was provided each affected designated employee and publicly posted for review at the offices of the City; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on November 8, 2012, at which all present were given an opportunity to be heard on the proposed amended Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Jacinto: SECTION 1. The City Council does hereby adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto. SECTION 2. The amended Conflict of Interest Code shall be on file with the City Clerk and available to the public for inspection and copying. 24438.0000%760e705.r SECTION 3. The amended Code shall become effective 30 days after the City Council adopts and approves the amended Code as submitted. 3 PASSED, APPROVED AND ADOPTED this 8th day of November, 2012, by the following vote: AYES: Bartel, Ledezma, Miller, Kotyuk NAYS: None ABSTAIN: None ABSENT: Di Memmo City of San Jacinto Andrew F. Kotyuk, Mayor ATTEST: c Richard Miller, City Clerk i 2 LAW OFFICES OF BEST BEST & KRIECGER UP CONFLICT OF INTEREST CODE FOR THE CITY OF SAN JACINTO r BBK—October 2012 24438.00000V452199.3 LAW OFFICES OF BEST BEST & KRIEGER UP CONFLICT OF INTEREST CODE FOR THE CITY OF SAN JACINTO (Adopted November 8, 2012) The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, 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. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of San Jacinto (the "City"). All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City's Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the originals of the statements filed by all other officials and designated positions and make all statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) -1- BBK—October 2012 24438.00000\7452199.3 LAW OFFICES of BEST BEST & KRIECiER LLP a f -2- BBK—October 2012 24438.00000\7452199.3 LAW OFFICES OF rn cc-r r2 cf_-r o APPENDIX i CONFLICT OF INTEREST CODE OF THE CITY OF SAN JACINTO (Amended November 8, 2012) 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 as defined by 2 Cal. Code of Regs. § 18701(b), are NOT subject to the City's Code but must file disclosure statements under Government Code section 87200 et seq. [Regs. § 18730(b)(3)j OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the positions listed below are Other City Officials who manage public investments'. These positions are listed here for informational purposes only. Finance Director Financial Consultants ' Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200. App. A- 1- BBK—October 2012 24438,00000\7452199.3 LAW OFFICES OF f9 C["T rJ Cf`T D DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Assistant City Manager 1, 2 Assistant Planner 2, 3, 5 Building Inspector (ALL) 2, 5, 6 Building Official 2, 5, 6 City Attorney (Not filing under Gov Code 87200) 1 , 2 City Clerk 5 City Engineer 2, 3, 5, 6 r Code Enforcement Manager 2, 5, 6 Code Enforcement Officer (ALL) 2, 5, 6 Community Development Assistant 6 Community Development Director 1, 2 Development Director 1, 2 Economic Development Manager 1, 2 Economic Development Specialist 1, 2 Executive Assistant to the City Manager 4 Finance Supervisor/Risk Manager 4 i General Accounting Manager 4 f App. A- 2- BBK—October 2012 24438.00000\7452199.3 LAW OFFICES OF rl CelT r]C!'T D DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED GIS Graphics Technician 5 Human Resources Coordinator 5 Information Planner 2, 3, 5, 6 Landscape and Irrigation Leadworker 3, 5, 6 Management Analyst 1, 2 Planning Director 1, 2 Planning Technician 6 Police Chief 5, 6 Police Commander 5, 6 Public Works Director 1,2 E Public Works Supervisor— Parks 5 Public Works Supervisor - Streets 3, 5 Senior Planner 1 , 2 Special District Administrator 1, 2 Water Utilities Superintendent 3, 5 Water Utilities Supervisor 3, 5 I i a a App. A- 2- BBK—October 2012 24438.00000\7452199.3 LAW OFFICES OF rs re—v- n rr,r o DESIGNATED POSITIONS' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED a 3 MEMBERS OF BOARDS, COMMITTEES & COMMISSIONS Community Preservation Committee 1, 2 Oversight Board to the Successor Agency 1, 2 Successor Agency 1, 2 Consultants and New Positions2 2 Individuals providing services as a Consultant defined in Regulation 18701, or in a new position created since this Code was last approved that makes or participates in making decisions shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitation: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). 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. (Gov. Code Sec. 81008.) App. A- 3- BBK—October 2012 2443 B.00000\7452199.3 LAW OFFfC85 OF fJ C['T fJ C['T O g EXHIBIT "B" E DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.3 Category 1 : All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that are located in, do business in, or own real property within the jurisdiction of the City. 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 jurisdiction of the City. Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City. Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City. Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Position's Department, Unit or Division. Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities subject to the regulatory, permit, or licensing authority of the Designated position's department, unit or division. 3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency's jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) App. B- 1- BBK—October 2012 244 3&00000\7452199.3