HomeMy WebLinkAbout2018-12-18; City Council; Resolution 2018-213and
RESOLUTION NO. 2018-213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA ACTING AS SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY
AMENDING THE LOCAL CONFLICT OF INTEREST
CODE OF THE CITY OF CARLSBAD
Exhibit 5
WHEREAS, the city has previously adopted and amended its Local Conflict of Interest Code;
WHEREAS, provisions of the Political Reform Act of 1974 ("the Act") (Government Code
Section 81000 et seq.) require an amendment to said code due to changed circumstances, changed
duties or new positions; and
WHEREAS, the City Council is the code reviewing body within the meaning of the Act; and
WHEREAS, the City Clerk has prepared amendments to the Appendix that are required to be
incorporated in said code,
NOW, THEREFORE, BE IT RESOLVED by the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the attached revised Conflict of Interest Code Appendix (Attachment A) for
the combined City Council, City Council as Successor Agency of the Redevelopment Agency,
Community Development Commission, Carlsbad Municipal Water District, and Carlsbad Public
Financing Authority reflecting the changed circumstances in positions and disclosure categories
since the last amendment, is hereby approved with regard to city employees providing services to
the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City Council of the City
of Carlsbad, Carlsbad Municipal Water District, Community Development Commission, and Public
Financing Authority, and City Council as Successor Agency to the Redevelopment Agency on the 18th
day of December, 2018 by the following vote, to wit:
AYES: M. Hall, K. Blackburn, P. Bhat-Patel, C. Schumacher, B. Hamilton.
NOES: None.
ABSENT: None.
MATT HA~: Mayor
ATTEST:
REVISED APPENDIX
CITY OF CARLSBAD
CONFLICT OF INTEREST CODE DESIGNATED POSITIONS
General Provisions
Attachment A
When a designated employee or individual is required to disclose investments, business positions
and sources of income, he or she need only disclose investments in business entities and sources
of income which do business in the City, plan to do business in the City or have done business in
the City within the past two (2) years. In addition to other activities, a business entity is doing
business within the City if it owns real property within the City. When a designated employee or
individual is required to disclose real property he or she need only disclose that which is located
in whole or in part, within or not more than two (2) miles outside the boundaries of the City or
within two (2) miles of any land owned or used by the City.
Designated employees or individuals shall disclose their financial interest pursuant to the
appropriate disclosure category as indicated in Exhibit "A".
• All designated employees required to submit an initial Statement of Interest Form 700
shall file electronically including electronic signature with the City Clerk within thirty {30)
days after the effective date of this resolution. Initial filings shall cover the period of the
twelve (12) months prior to the date of the adoption of this Conflict of Interest Code.
• All individuals appointed, promoted, or transferred to a designated position shall file
statements within thirty (30) days of assuming office. These "assuming office" statements
cover the period of the twelve (12) months prior to the date of assuming office statement.
• When an individual is in an "interim or acting" capacity, they are subject to the same
disclosure requirements ofthe position in which they are filling. An assuming office would
be filed.
• Annual statements shall be filed with the City Clerk by April 1 of each year by all
designated employees, elected officials, committee/board/commission members or
individuals. Such statements shall cover the period of the preceding calendar year.
• Every designated employee who leaves office shall file, within thirty (30) days of leaving
office, a statement disclosing financial interests held or received at any time during the
period between the closing date of the last statement required to be filed and the date
of leaving office.
• Any individual serving in dual roles may file a combined statement by reporting according
to their broadest range of disclosure.
• Failure to file the required statement in a timely fashion may result in the imposition of
administrative, criminal, and civil sanctions as provided in Government Code Sections
81000-91014.
Resource: Title 2, California Code of Regulations, Section 18730 Provisions of Conflict of Interest Codes.
Carlsbad Local Conflict of Interest Code
December 18, 2018
Disclosure Categories
Category 1:
Category 2:
Category 3:
Category 4:
Category 5:
Category 6:
Category 7:
Unlimited Disclosures:
Disclose all business entities and non-profit organizations in which
investments, business positions (e.g. director, officer, partner, trustee,
employee or hold any position of management) and sources of income
including gifts, loans and travel payments located in Carlsbad, including
property located within a two-mile radius of any property owned or used
by the City of Carlsbad.
All interests in real property within the jurisdiction of the City.
All investments, business positions in business entities, non-profit
organizations and sources of income, including gifts, loans and travel
payments, interest in real property and sources of income subject to the
regulatory, permit or licensing authority of the specific City department.
All investments in business entities, non-profit organizations and
sources of income, including gifts, loans and travel payments, and sources
of income which engage in land development, construction or the
acquisition of real property, and interests in real property located in
Carlsbad, including property located within a two-mile radius of any
property owned or used by the City of Carlsbad.
All investments in business entities, non-profit organizations in
which investments, business positions (e.g. director, officer, partner,
trustee, employee or hold any position of management) and sources of
income including gifts, loans and travel payments, and of the type which
contracts with the City to provide services, supplies, materials, machinery
or equipment to any City department.
All investments in business entities and sources of income of the
type which contracts with the City to provide to the designated employee's
department services, supplies, materials, machinery or equipment to any
City department.
All investments, positions in business entities, income including
gifts, loans and travel payments, and income from non-profit
organizations, if the sources is the type that receives grants or other
monies from or through the City.
87200 Category are required to file full disclosure of all categories pursuant to Article 2 of Chapter
7 of the Political Reform Act, Government Code sections 87200, et. seq.
Carlsbad Local Conflict of Interest Code
December 18, 2018
Consultants
The staff person most knowledgeable of the work that a Consultant will be performing shall
designate whether or not the Consultant must file a Statement of Economic Interest by marking
the appropriate box on the Agreement or Contract cover sheet. When determined that a
Consultant is designated and is responsible for disclosure, they shall be required to file a
Statement of Economic Interest disclosing reportable interests subject to all disclosure
categories.
Consultants who make (not just recommend) governmental decisions, such as whether to
approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit,
license, application, certificate or similar authorization, adopt or grant City approval to a plan,
design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the
City or any subdivision thereof shall be required to disclose.
Consultants who act in a staff capacity with the City, and in that capacity perform the same or
substantially all the same duties for the City that would otherwise be performed by an individual
holding a designated position in the City's Conflict of Interest Code, shall disclose at the same
level as the comparable designated position identified.
Carlsbad Local Conflict of Interest Code
December 18, 2018
Exhibit A
LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
Those with the designation of 87200 Filer are required to file full disclosure of all categories
pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code sections 87200,
et. seq.
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Mayor and City Council Members (87200 Filer) Unlimited Disclosure
City Treasurer (87200 Filer) Unlimited Disclosure
City Manager (87200 Filer) Unlimited Disclosure
City Attorney (87200 Filer) Unlimited Disclosure
Chief Operations Officer (87200 Filer) Unlimited Disclosure
Housing Commission Members (87200 Filer) Unlimited Disclosure
Planning Commission Members (87200 Filer) Unlimited Disclosure
Director of Administrative Services (87200 Filer) Unlimited Disclosure
Finance Director (87200 Filer) Unlimited Disclosure
Members of the Successor Agency of the Carlsbad Redevelopment Unlimited Disclosure
Agency-Includes Chairman/Members, Executive Director, Counsel,
Secretary (87200 Filer)
Members of the Public Financing Authority-Includes Unlimited Disclosure
Chairman/Members, Executive Director, Counsel, Secretary,
Treasurer (87200 Filer)
Members of the Community Development Commission -Includes Unlimited Disclosure
Chairman/Members, Executive Director, Counsel, Secretary (87200
Filer)
Members of the Carlsbad Municipal Water District Board of Unlimited Disclosure
Directors -Includes Board Members, Counsel, Secretary (87200 Filer)
ADMINISTRATIVE SERVICES (Finance, Human Resources, Information Technology)
DESIGNATED POSITIONS
Assistant Finance Director
Human Resources Director
Information Technology Director
Accountant
Accounting Supervisor
Assistant to the Treasurer
Associate Contract Administrator
Business and Analytics Manager
Business Intelligence Analyst
Business Systems Specialist
Buyer/Contract Administrator
Finance Manager
Finance/Payroll/IT Manager
Geographic Information Systems Manager
Human Resources Manager
Carlsbad Local Conflict of Interest Code
December 18, 2018
DISCLOSURE
CATEGORIES
1,2,5
1,2,5
1,2,5
2,3,4,5
2,3,4,6
2, 3,7
2,3,4,5,6
1,2,3,4
2,3,4
2,3,4,5,6
2,3,4,5, 6
1,2,3,5,7
1,2,5
1,2,6,7
1,2,3,5,6,7
Information Technology Manager 1,2,5,6,7
Information Technology Project Manager 1,2,5,6,7
Senior Management Analyst 1,2,5,6,7
Management Analyst 1,2,6,7
Information Technology Operations Manager 1,2,5,6,7
Project Portfolio Manager 1,2,3,5,6,7
Risk Manager 1,2,3,5,6
Senior Accountant 1,2,4,5
Senior Applications Analyst 2,3,4,5,6
Senior Contract Administrator 2,3,6
Senior Network Engineer 2,3,4,5,6
Senior Program Manager 1,2,5
Senior System Administrator 2,3,4,5,6
COMMUNITY AND ECONOMIC DEVELOPMENT (Housing and Neighborhood Services)
DESIGNATED POSITIONS
Assistant Engineer
Associate Engineer
Assistant Planner
Associate Planner
Building Official
Building Inspector 1/11
City Planner
Code Enforcement Officer 1/11
Community and Economic Development Director
Community Relations Manager
Development Services Manager
Engineering Manager
Economic Development Manager
Housing and Neighborhood Services Director
Management Analyst
Principal Planner
Senior Building Inspector
Senior Code Enforcement Officer
Senior Engineer
Senior Management Analyst
Senior Planner
Senior Program Manager
Special Projects Manager
Zoning Enforcement Officer
Carlsbad Local Conflkt of Interest Code
December 18, 2018
DISCLOSURE
CATEGORIES
3,4
3,4
3,4
3,4
1,2,3,4
2,3,4
1,2,3,4,6
2,3
1,2,3,4,6, 7
2,4
1,2,3,4
1,2,3,4,5,6
1,2,3,4,6, 7
1,2,3,4,6, 7
1,2,6,7
1,2,3,4,7
2,3,4
1,2,3,4
1,2,3,4,5,6
1,2,6,7
1,2,3,4,7
1,2,3
1,2,3,4,6, 7
1,2,3,4
LEGISLATIVE SERVICES
DESIGNATED POSITIONS
Assistant City Manager
Chief Innovation Officer
City Clerk
City Clerk Services Manager
Assistant to the City Manager
Records Supervisor
City Communications Manager
Graphic Production Supervisor
Community Relations Manager
Real Estate Manager
Senior Assistant City Attorney
Assistant City Attorney
Deputy City Attorney
LIBRARY AND CULTURAL ARTS
DESIGNATED POSITIONS
Library and Cultural Arts Director
Community Arts Coordinator
Community Relations Manager
Cultural Arts Manager
Deputy Library Director
Senior Management Analyst
Associate Management Analyst
Principal Librarian
PARKS AND RECREATION
DESIGNATED POSITIONS
Parks and Recreation Director
Senior Management Analyst
Management Analyst
Park Planning Manager
Park Planner
Parks/Trees Supervisor
Parks Services Manager
Parks Superintendent
Recreation Area Manager
Recreation Services Manager
Carlsbad Local Conflict of Interest Code
December 18, 2018
DISCLOSURE
CATEGORIES
1,2,4
1,2,3,4,5,6,7
1,2,6
1,2,6
1
2,3
1,2,3,4
2,3,4
2,3,4,6
1,2,6
1,2, 3,4,5
1,2,3,4,5
1,2,3,4,5,6
DISCLOSURE
CATEGORIES
1,2,6,7
2,4
2,3,4,6
1,2,4,6,7
1,2,6,7
1,2,6,7
1,2,6,7
1,6
DISCLOSURE
CATEGORIES
1,2,3,4,6, 7
1,2,6,7
1,2,6,7
1,2,3,4,6
1,2,3,4,6
1,2,3
1,2,3,4,6
1,2,3,4,6
1,2,3
1,2,3,4,6
PUBLIC WORKS (Transportation, Utilities, Property and Environmental Management and Water District)
DESIGNATED POSITIONS
Public Works Director
Transportation Director
Utilities Director
Associate Contract Administrator
Associate Engineer
Engineering Manager
Senior Program Manager
Contract Administrator
Environmental Manager
Environmental Specialist I/II/Senior
Facilities Manager
Senior Management Analyst
Management Analyst
Meter Services Supervisor
Municipal Projects Manager
Inspector 1/11
Public Works Manager
Public Works Superintendent
Public Works Supervisor
Senior Construction Inspector
Senior Contract Administrator
Senior Engineer
Transportation Manager
Utilities Asset Manager
Utilities Maintenance Planner
Utilities Manager
Utilities Supervisor
Warehouse Technician
Carlsbad Local Conflict of Interest Code
December 18, 2018
DISCLOSURE
CATEGORIES
1,2,3,4,6, 7
1,2,3,4,5,6, 7
1,2,3,4,6, 7
2,3,6
3,4
1,2,3,4,5,6
1,2,3,6,7
2,3,6
1,2,3,6,7
1,5,6
1,2,3,4,5,6
1,2,5,6,7
1,2,6,7
2,3,4
1,2,3,4
2,3,4
1,2,3,4,5,6
1,2,3,4,6
2,3,4,6
2,3,4
2,3,6
1,2,3,4,5,6
1,2,3,4,5,6
1,2,3,4,6
1,2,3,4
1,2,3,4,5,6
2,3,4
2,3,6
SAFETY SERVICES -FIRE
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Fire Chief 1,2,3,4,6, 7
Assistant Fire Chief 1,2,3,4,6, 7
Assistant Fire Marshal 2,3
Deputy Fire Marshall 2,3
Emergency Medical Services (EMS) Manager 1,2,3,4,5,6
Emergency Preparedness Manager 1,2,3,4,7
Fire Division Chief 1,2,3,5,6,7
Fire Battalion Chief 1,2,3,5,6,7
Fire Marshal 1,2,3,4,5, 7
Fire Prevention Specialist 1/11 2,3,4
SAFETY SERVICES -POLICE
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Police Chief 1,2,6,7
Police Captain 1,2,3,6
Police Communications Manager 2,3
Police Lieutenant 1,2,3,6
Public Safety Information Technology Manager 1,2,5,6,7
Senior Program Manager 2,3
BOARDS/COMMISSIONS/COMMITTEES (Members of Designated Appointed Positions)
DESIGNATED POSITIONS
Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory
Committee
Arts Commission
Beach Preservation Commission
Board of Library Trustees
Carlsbad Golf Lodging Business Improvement District
Carlsbad Tourism Business Improvement District
Historic Preservation Commission
Parks and Recreation Commission
Senior Commission
Traffic Safety Commission
Carlsbad Local Conflict of Interest Code
December 18, 2018
DISCLOSURE
CATEGORIES
3,4
3,4,6
3,4,6
3,4,6
3,4
3,4
3,4,6
1,2,3,4,6
3,4,6
3,4
REVISED APPENDIX
CITY OF CARLSBAD
CONFLICT OF INTEREST CODE DESIGNATED POSITIONS
General Provisions
Exhibit 5
When a designated employee or individual is required to disclose investments, business positions
and sources of income, he or she need only disclose investments in business entities and sources
of income which do business in the City, plan to do business in the City or have done business in
the City within the past two (2) years. In addition to other activities, a business entity is doing
business within the City if it owns real property within the City. When a designated employee or
individual is required to disclose real property he or she need only disclose that which is located
in whole or in part, within or not more than two (2) miles outside the boundaries of the City or
within two (2) miles of any land owned or used by the City.
Designated employees or individuals shall disclose their financial interest pursuant to the
appropriate disclosure category as indicated in Exhibit "A".
• All designated employees required to submit an initial Statement of Interest Form 700
shall file electronically including electronic signature with the City Clerk within thirty {30)
days after the effective date of this resolution. Initial filings shall cover the period of the
twelve (12) months prior to the date of the adoption of this Conflict of Interest Code.
• All individuals appointed, promoted, or transferred to a designated position shall file
statements within thirty {30) days of assuming office. These "assuming office" statements
cover the period of the twelve (12) months prior to the date of assuming office statement.
• When an individual is in an "interim or acting" capacity, they are subject to the same
disclosure requirements of the position in which they are filling. An assuming office would
be filed.
• Annual statements sh-all be filed with the City Clerk by April 1 of each year by all
designated employees, elected officials, committee/board/commission members or
individuals. Such statements shall cover the period of the preceding calendar year.
• Every designated employee who leaves office shall file, within thirty (30) days of leaving
office, a statement disclosing financial interests held or received at any time during the
period between the closing date of the last statement required to be filed and the date
of leaving office.
• Any individual serving in dual roles may file a combined statement by reporting according
to their broadest range of disclosure.
• Failure to file the required statement in a timely fashion may result in the imposition of
administrative, criminal, and civil sanctions as provided in Government Code Sections
81000-91014.
Resource: Title 2, California Code of Regulations, Section 18730 Provisions of Conflict of Interest Codes.
Carlsbad Local Conflict of Interest Code
A1,1g1,1st 22, 2Q17December 18, 2018
Disclosure Categories
Category 1:
Category 2:
Category 3:
Category 4:
Category 5:
Category 6:
Category 7:
Unlimited Disclosures:
Disclose all business entities and non-profit organizations in which
investments, business positions (e.g. director, officer, partner, trustee,
employee or hold any position of management) and sources of income
including gifts, loans and travel payments located in Carlsbad, including
property located within a two-mile radius of any property owned or used
by the City of Carlsbad.
All interests in real property within the jurisdiction of the City.
All investments, business positions in business entities, non-profit
organizations and sources of income, including gifts, loans and travel
payments, interest in real property and sources of income subject to the
regulatory, permit or licensing authority of the specific City department.
All investments in business entities, non-profit organizations and
sources of income, including gifts, loans and travel payments, and sources
of income which engage in land development, construction or the
acquisition of real property, and interests in real property located in
Carlsbad, including property located within a two-mile radius of any
property owned or used by the City of Carlsbad.
All investments in business entities, non-profit organizations in
which investments, business positions (e.g. director, officer, partner,
trustee, employee or hold any position of management) and sources of
income including gifts, loans and travel payments, and of the type which
contracts with the City to provide services, supplies, materials, machinery
or equipment to any City department.
All investments in business entities and sources of income of the
type which contracts with the City to provide to the designated employee's
department services, supplies, materials, machinery or equipment to any
City department.
All investments, positions in business entities, income including
gifts, loans and travel payments, and income from non-profit
organizations, if the sources is the type that receives grants or other
monies from or through the City.
87200 Category are required to file full disclosure of all categories pursuant to Article 2 of Chapter
7 of the Political Reform Act, Government Code sections 87200, et. seq.
Carlsbad Local Conflict of Interest Code
A1:1g1:1st 22, 2017December 18, 2018
Consultants
The staff person most knowledgeable of the work that a Consultant will be performing shall
designate whether or not the Consultant must file a Statement of Economic Interest by marking
the appropriate box on the Agreement or Contract cover sheet. When determined that a
Consultant is designated and is responsible for disclosure, they shall be required to file a
Statement of Economic Interest disclosing reportable interests subject to all disclosure
categories.
Consultants who make (not just recommend) governmental decisions, such as whether to
approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit,
license, application, certificate or similar authorization, adopt or grant City approval to a plan,
design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the
City or any subdivision thereof shall be required to disclose.
Consultants who act in a staff capacity with the City, and in that capacity perform the same or
substantially all the same duties for the City that would otherwise be performed by an individual
holding a designated position in the City's Conflict of Interest Code, shall disclose at the same
level as the comparable designated position identified.
Carlsbad Local Conflict of Interest Code
August 22, 2917December 18, 2018