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Home My WebLink About1979-06-05; City Council; Resolution 5789r' 1 1 2 3 4 5 6 7 8 9 10 11 12 n Q, Y 8 13 .a F: 55 dLu-Q 14 no3= z 5a 923: 15 mLi -I i, 4a +>"O 2~~186 16 17 ZF y a< 2 - 0 18 19 20 21 22 23 24 25 26 27 28 >I- a V RESOLUTION NO. 5789 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA SETTING A DEADLINE FOR A CONFLICT OF INTEREST CODE, DESIGNATING CERTAIN BOARDS, COMMISSIONS, OFFICERS AND EMPLOYEES OF THE CITY OF CARLSBAD AS AGENCIES, DIRECTING THE DRAFTING, SUBMISSION AND APPROVAL OF A CONFLICT OF INTEREST CODE AND APPROVING RULES OF PROCEDURE THEREFOR. The City Council of the City of Carlsbad, California, according to the provisions of Article 3, Chapter 7, of the Political Reform Act of 1974 (hereinafter "The Act"), commencing with Section 87300 of the Government Code, hereby resolves as follows: 1. The City Council, as the Code Reviewing Body of the City of Carlsbad, hereby establishes September 5 , 1979 as the deadline for submission to it of a proposed Conflict of Interest Code for the City of Carlsbad.. 2. The City Council hereby designates the following as agencies of the City within the meaning of Section 87300 of the Government Code which shall adopt and promulgate the Conflict of Interest Code: City Attorney, City Manager, City Clerk, City Treasurer, the Planning Commission and the Build.ing Advisory and Appeals Board. shall act €or all departments of the City. The City Manager 3. The City Council hereby authorizes and directs the City Manager, with the aid and assistance of the Chairmen of the Planning Commission and the Building Advisory and Appeals Board, the City Clerk, City Treasurer and City Attorney, the members of which should be designated employees within the meaning of The Act because their positions entail the maki:ng or participation in the making of decisions which may foreseeably have a material effect on any financial interest and with the approval of the City Attorney to draft a Conflict of Interest Code pursuant to the provisions of The Act. 4. The City Council hereby approves the "Rules of Procedure for Approval and Adoption of Conflict of Interest Codes", marked Exhibit A, attached hereto and made a part hereof. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California at a regular meeting held on the 5th day of June , 1979 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and NOES: NONE Council woman Cas 1 er ,, I c 4' JL? L [',d RONALD C. PACKARD, Mayor ATTEST: (SEAL) 2. Exhibit "A" to Resolution No. 5789 1. 2. RULES OF PROCEDURE FOR APPROVAL AND ADOPTION OF CONFLICT OF INTEREST CODES The City Manager, with the aid and assistance of the Chairmen of the Planning Commission and the Building Advisory and Appeals Board, the City Clerk, City Treasurer and City Attorney, members of which should be designated employees within the meaning of Government Code Section 82019 because the positions entail the making or participating in decisions which may foresee- ably have a material effect on any financial interests, and with the approval of the City Attorney, shall draft a Conflict of Interest Code for the Agency as constituted in Paragraph 2. The Planning Commission, Building Advisory and Appeals Board, City Clerk, City Treasurer, City Attorney and City Manager shall constitute "Agencies" within the mea:ning of Section 87300 of the Government Code for which a Conflict of Interest Code shall be promulgated and adopted pursuant to these rules. Each chairman of suc:h Board or Commission, the City Clerk, City Treasurer and City Attorney shall be responsible for and approve those portions of the Conflict of Interest Code appli- cab.le to the members of his Agency and the City Manager shall be responsible for and approve the portions of the Conflict of Interest Code applicable to all other persons. 3. Upon completion a draft of such Code shall be forwarded to -the City Clerk. The City Clerk shall notice the proposed Code for hearing before the City Manager, City Clerk, City Treasurer, City Attorney, the Planning Commission and the Building Advisory and Appeals Board (hereinafter "Agencies") held in the City Council Chambers at such time as the Clerk ascertains it is convenient for the participants. The City Clerk shall publish notice of such hearing once in the Carlsbad Jouirnal at least ten days prior to the hearing. The Clerk shall also mail notice thereof to all news media covering the City, all employee organizations, all employees listed in the proposed Code as designated employees, and to other interested persons at least ten days prior to the hearing. The notice shall be sub- stantially in the form of Exhibit A, attached hereto. 4. All persons wishing to comment on any provision of the proposed Code may submit in writing to the City Manager, on behalf of the Agencies, a concise statement of their objections to the proposed Code. 5. On the date and at the time and place designated in the notice the Agencies shall afford the Agency or any interested person or his or her duly authorized repre- sentative, or both, the opportunity to present state- ments, arguments or contentions in writing. Oral testimony shall be encouraged; however, oral statements may be limited to the discretion of the Agencies but may be supplemented by written statements. The Agencies shal.1 consider all relevant matters presented to them during the public hearing or appearing on the record of such hearing prior to approving or revising the proposed Code or returning the proposed Code to the Agencies for revision. 6. During any hearing held pursuant to these rules of procedure the Agencies shall have authority to continue or postpone such hearing from time to time and at such place as they shall determine. 7. After a full hearing by the Agencies they shall: (a) Approve the proposed Code as submitted, (b) Revise the proposed Code and approve it as revised, or (c) Return the proposed Code to the Agencies for revision and resubmission. 8. After completion of its own hearing pursuant to Government Code Section 87311, and its tentative adoption of its Conflict of Interest Code, the Agencies shall submit an original and two copies of its proposed Code to the City Council by the established deadline. 9. A proposed Conflict of Interest Code of the Agency shall be deemed to be received for purposes of review pursuant to Government Code Section 87303 on the dead- line date if submitted to the City Council earlier than the deadline date. 10. The proposed Code shall satisfy the requirements of Government Code Section 87300, et seq. The Code shall be accompanied by: (a) A declaration of the City Manager, City Clerk, City Treasurer, City Attorney, and chairmen of the Planning Commission and the Building Advisory and Appeals Board declaring that the Agencies have satisfied the notice and hearing requirements preliminary to the formation of the Code pursuant to Government Code Section 87311. -2- 11. 12. 13. 14. A summary of the hearing held by the Agencies with appropriate identification of any areas of controversy and their manner of resolution. The original or one copy of all submissions made to the Agencies regarding the proposed Code, unless the person making the written submission requests the admission of the submission from the record of the Agencies' hearing. The names and addresses of all persons who participated in the public hearing of the Agencies on the proposed Code or who requested notice from the Agencies of the date for hearing on the adoption of the Code by the City Council. Within ten days of receipt of the proposed Code by the City Council pursuant to Paragraph 9, the City Clerk shall notice the proposed Code for hearing before the City Council to be held no later than the forty-fifth day following receipt of the Code. Notice shall be published and mailed in accordance with the provisions of Paragraph 3. All persons wishing to comment on any provisions of the proposed Code may submit in writing to the City Couincil a concise statement of their objections to the proposed Code. On the date and at the time and place designated in its notice, the City Council shall afford any agency or interested person, or his or her duly authorized representative, or both, the opportunity to present statements, arguments or contentions in writing. Oral testimony shall be encouraged; however, all oral state- ments may be limited at the discretion of the Mayor or may be supplemented by written statements. The City Council shall consider all relevant matters presented to :it during the public hearing or appearing on the record of such hearing prior to approving or revising and approving the proposed Code or returning the proposed Code to the Agencies for revision. During any public hearing held pursuant to this rules of procedure the City Council shall have the authority to continue or postpone such hearing from time to time and at such place as it shall determine. -3- 15. After a full hearing the City Council shall: (a) Approve the proposed Code as submitted and return the Code to the Agencies for implementation, or (b) Revise the proposed Code and approve it as revised and return the proposed Code to the Agencies for implementation, or (c) Return the proposed Code to the Agencies for revision and resubmission within sixty days. -4- &bit "A" to Rules of Procedure NOTICE OF PUBLIC HEARING ON ADOPTION OF THE CONFLICT OF INTEREST CODE BY THE CITY OF CARLSBAD Notice is hereby given that (City Council or the City Treasurer, City Attorney, City Manager, Planning Commission or Building Advisory and Appeals Board ) will hold a public hearinq on the day of ~ - - 1979 at , in the City Council Chambers at 1200 Elm Avenue, Carlsbad, California pursuant to the Political Reform Act of 1974 (Title 9 [commencing with SSlOOO] of the Government Code) to consider the adoption of the Conflict of Interest Code for the agencies of the City of Carlsbad as specifically required by SS87300 et seq. of the Government Code. The proposed Conflict of Interest Code will require certain officers and employees of the City of Carlsblad and each member of the Planning Commission and the Building Advisory and Appeals Board to disqualify himself from making or participating in the making of any decision which will foreseeably have a material or financial effect distinguishable from its affect on the public general or financial interest as defined in Government Code S87103. Under the provisions of the proposed code, no such employee or member would be prevented, however, from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. Section 87111 of the Government Code requires that the review and preparation of Conflict of Interest Codes by a local Government Agency shall be carried out under procedures which guarantee to the residents of the jurisdiction ade- quate notice and fair opportunity to present their views. Accordingly, any interested party may appear on the date and time above and be heard concerning the City of Carlsbad Conflict of Interest Code. A copy of the proposed code and the rules of procedure for the conduct of the public hearing are available for inspec- tion at the office of the City Clerk, 1200 Elm Avenue, Carlsbad, California. CONFLICT OF INTEREST CODE OF THE CITY OF CAFUSBAD The agencies designated by the City Council hereby submits the following Conflict of Interest Code to the City Council of the City of Carlsbad. City Attorney City Clerk City Treasurer City Manager Chairman of the Planning Commission Chairman of the Building Advisory and Appeals Board Received on behalf of the City Council of the City of Carlsbad. Dated : City Clerk The following Conflict of Interest Code, having been submitted by the agencies designated above, was approved by order of the Code Reviewing Body on Other action if any: City Clerk