Loading...
HomeMy WebLinkAbout1981-03-03; City Council; 6049-4; Local conflict of interest code amendmentCITY OF CARLSBAD DATE : March 3, 1981 DEPARTMENT City Manager Initial: Dept .Hd. c!. Atty.rn' ' C. Mgr. %- Subject : AMENDMENT OF LOCAL CONFLICT OF INTEREST CODE Statement of the Matter In October 1979, the City Council approved the Conflict of Interest Code for the City of Carlsbad required by state law. Because of amendments to the state law, it is necessary for Carlsbad to amend its Conflict of Interest Code. At its January 20, 1981 meeting, the City Council adopted Resolution No. 6424 establishing February 19, 1981 as the deadline for submission to it of an amended Local conflict of Interest Code for all agencies of the City for which the City Council is the Code Reviewing Body. The attached amended Local Conflict of Interest Code has been approved by all applicable City agencies. This matter has been noticed as a public hearing. Fiscal Impact No significant costs are involved. The streamlined procedure for handling future code amendments may result in lower clerical costs. Exhibits Proposed Amended Local Conflict of Interest Code. Declaration of Notice and Hearing Requirement Compliance. Certificate of Submission of Conflict of Interest Code to City Council. Recommendation Approve the Amended Local Conflict of Interest Code by minute motion. Council Action: 3-3-81 Council approved the amended Local Conflict of Interest Code. .- I AMENDED LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD SECTION I: APPLICATION The following agencies of the City amend the Conflict of Interest Code approved by the City Council on October 2, 1979 applicable to that agency: City Attorney, City Manager, City Clerk, 'City Treasurer, Building Advisory and Appeals Board, and Housing and Redevelopment Advisory Committee. The City Manager, in amending the Conflict of Interest Code of the City of Carlsbad, acts on behalf of City Staff for all departments of the City and the Housing Authority. Each agency adopting this amendment adopts all provisions thereof except those portions of the appendix not applicable to said agency. Any portion of this code may be amended b by any agency acting independently of any other agency and such c* amendment shall be effective only as to the agency adopting it. SECTION 11: INCORPORATION OF 2 CAL. ADM. CODE S 18730 BY REFERENCE This amendment is adopted pursuant to the provisions of the Political Reform Act of 1974 and any implementing regulations adopted pursuant thereto. The Conflict of Interest Code of the City of Carlsbad is amended to read as follows: The provisions of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices . .. Commission, along with the appendices attached'hereto, in which officials and employees are designated and disclosure categories are set are hereby incorporated by reference and constitute the Amended Ccnflict of Interest Code for the following departments and agencies of the City: City Attorney, City Clerk, City Treasurer, Building Advisory and Appeals Board, Housing and Redevelopment Committee and the City Manager on behalf of City Staff and all departments of the City and the Housing Authority. SECTION 111: 'DISCLOSURE REQUIREMENTS Pursuant to Section 4(c) of Section 18730, all designated employees shall file statements of economic interests with the City Clerk to whom the Council has delegated the authority to .zarry out the duties of the Filing Officer. 4 cbt SECTION IV: JURISDICTION For the purpose of this code, the term "jurisdiction" means the City of Carlsbad, California, and for those designated employees whose duties involve the participation in the making of decisions affecting the Encina Sewer Treatment Plant, jurisdiction includes the area served by the plant. SECTION V: EFFECTIVE DATE This amendment shall be effective 1\2ARtIH 4 -, 1981, the day following its approval by the code reviewing body, the City Council of the City of Carlsbad, California. -2- APPENDIX 1 TO THE AMENDED LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD The positions and categories within the City listed in this appendix are "designated positions. Any person whose posi- tion with the City is a designated position is a designated employee. Designated employees shall disclose in the manner provided in the Amended Local Conflict of Interest Code of the City of Carlsbad those financial interests which are within the categories represented by the letter (s) following the listed position. The letters correspond to the . subsections of S 7 of 12 Cal. Adm. Code S 1830 and represent the following disclosures: "A", investment in real property ' disclosure; "B" I personal income disclosure; 'IC" , business entity income disclosure; 'ID", business position disclosure. Position City Staff under City Manager: Disclosure Categories Accountant Administrative Assistant I and I1 Assistant City Manager Assistant to City Manager Assistant Finance Director Assistant Library Director Assistant Planner Associate Planner Building Inspector Building Official City Engineer Civil Engineer Assistant Civil Engineer Associate Construction Inspector Construction Supervisor Central Service Director Director of Redevelopment and Housing Equipment Maintenance Superintendent .Finance Director Fire Chief Fire Battalion Chief . Fire Captain Assigned to Prevention Bureau Library Director Parks and Recreation Director Parks Superintendent Park Planner Plan Check Inspector Planning Director Police Chief Police Captain principal Civil Engineer Principal Planner Purchasing Officer Recreation Superintendent Senior Construction Inspector Street Maintenance Superintendent Transportation Engineer Utilities Maintenance Manager Utilities Maintenance Superintendent City Attorney's Office: City Attorney Assistant City Attorney City Clerk Deputy City Clerk A, B, c . A, B, C City Treasurer A, B, c Building Advisory and Appeals Board Members A,-D Housing and Redevelopment Advisory Committee Members Consultants: Any person employed within an agency to provide consulting services shall report according to categories A, B, C and D. "Consultant" does not include a person who: A. conducts research and arrives at conclusions with respect to his or her renditions of information, advice, recommendations or counsel independent of control and directions of the Agency or of any Agency official, other than normal control monitoring; and decisions beyond rendition of information, advice, recommendation or counsel. 4 B. Possesses no authority with respect to any Agency DECLARATION OF NOTICE OF HEARING FG3QUIREMENTS I do hereby declare that the designated agencies of the City of Carlsbad have satisfied the notice and hearing requirements preliminary to amendment of the Local Conflict of Interest Code pursuant to Government Code Section 98311. Dated: February 27, 1981 GETHA L. RAUTENKRANZ, city Cler r SUMMARY OF PUBLIC HEARING ON ADOPTION OF AMENDMENT TO CONFLICT OF INTEREST CODE Held Before: Designated Agencies of the City of Carlsbad Date : February 5, 1981 Time : 4:OO P.M. Place : City Council Chambers "he following Agencies were represented as follows: City Attorney - Dan Hentschke, Assistant City Attorney City Clerk - Aletha L. Rautenkranz, City Clerk City Manager - Frank Mannen, Assistant City Manager/Administration Housing & Redevelopment Advisory Committee - Ken Chriss, Chairman The following Agencies were not represented: City Treasurer Advisory and Appeals Board Also present in the audience were: Michael Lowe representing the Police Officer's Association Joe Eggleston, City employee Steve Hawks with the Blade Tribune The Assistant City Attorney called the meeting to order at 4:08 P.M., stating the purpose of the meeting was to consider amending the City's Local Conflict of Interest Code. Mr. and the and the Hentschke explained that the original Code had been adopted by the Agencies then approved by the Council in October, 1979. The amendment would adopt Model Code approved by the Fair Political Practices Commission, by reference, would eliminate the need to amend the local code eachitime the State amends Code. He noted this would further ease the task of administering the Code. In response to query, Mr. Hentschke stated the amendment would delete the requirements for the Advisory and Appeals Board to report their income and income from their business. Since no one expressed a desire to speak, the Assistant City Attorney closed the public hearing. The City Attorney, City Manager, and City Clerk representatives expressed approval and recommended forwarding the code to the Council for approval. The Housing and Redevelopment Advisory Committee representative indicated he would obtain authorization from the Committee to act on the matter on their behalf, and would so advise the City Clerk of that action. CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD The Agencies designated by the City Council hereby submit the following Conflict of Interest Code to the City Council of Fran +y$a4--=& A es ire, City Manager &F& Robert Ladwig , Chaiqtfn City Clerk Advisory Appeals Board Housing & Redevelopment Commit tee Received on behalf Advisory City Treasurer of the City Council of the City of Carlsbad. 4 , 1981 City Clerk 1 The following Conflict of Interest Code , having been submitted by the Agencies designated above, was approved by order of the Code Reviewing Body on 3 I %VI Other action, if any: Aletha bQ2L L. Rautenkranz p o** City Clerk f NOTICE OF PUBLIC HEARING ON ADOPT'ION OF CONFLICT OF INTEREST CODE BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad, CA, will hold a public hearing on Tuesday, March 3, 1981 at 6:OO P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad, CA, pursuant to the Political Reform Act of 1974 (Title 9, commencing with Section 8100, of the Government Code) to consider adoption of an amended Conflict of Interest Code for Agencies of the City of Carlsbad, as specifically required by Section 87300, et seq. of the Government Code. The proposed Conflict of Interest Code will require each member of the Carlsbad Housing & Redevelopment Advisory Committee, each member of the Advisory and Appeals Board, and certain officers and employees of the City of Carlsbad to disclose investments, interests in real property and income, as required under Section 87200 of the Government Code, and also will require each such person to disqualify him/herself from making or participating in the making of an decision which will foreseeably have a material financial effect, distinquishable from its effect on the public generally, on any financial interest as defined in Government Code Section 87103. Under the proposed Code, no such person 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. preparation of Conflict of Interest Codes by local government agencies shall be carried out under procedures which guarantee to residents of the jurisdiction adequate notice and a fair opportunity to present their views. Accordingly, any interested party may appear at the date and time stated above and be heard concerning the City of Carlsbad Conflict of Interest Code. Section 87311 of the Government Code requires that the review and A copy of the proposed Code is available for inspection at the office of the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California. PUBLISH: February 21, 1981 ALETHA L. RAUTENKRANZ CITY CLERK CITY OF CARLSBAD Designated Employees Notified of the Administrative Public Hearing on February 5, 1981 to Amend the Local Conflict of Interest Code: Doug Duncansen Parrls Afshar Enterzari Ed Quebrada Clifton Greagrey Tony Mata Terry Lutz Eric Larsen Gary Wayne Tim Phillips Brian S. Watson Jack Henthorn Mike Holzmiller Drew Aitken Vincent Jimno Emile Plude Armida Villalobos Merado Camero Martin Orenyak Bill Baldwin Lynn Chase Charlie Grim Georgina Cole Donna McClain Chris Henderson Les Evans Hadley Bacon Jim Hagaman Doug Gunther Joe Eggleston Richard Allen Bobbie Hoder rankie Gene Runzo Roy R. Sanch- Thelma I. Hayes Eva Carney Matthew L. Hall Claud R. Helton Jesus G. Mariz Beltran .Roy J. Ward Michael Gordon Howes Bill Hofman Frank Rowlen Clyde Wickham Joyce S. Crosthwaite atrick Tessier 1 4 ([: Larry Willey Julie Almack Donny Brown Rog er Gr e e r Vince Biondo Ruth Fletcher ---Bob Ladwig, Chairman of Appeals Board --Ken Chriss, Chairman Housing & Redevelopment Frank Rice Jim Elliott Mike Little Dave Bradstreet Debra Neville Ernie Bond Lee Rautenkranz Jim Bertelsen Tom Hageman Frank Mannen Gene R. Kellogg Wallace Rossall Ron Beckman Larry Dossey Jim Thompson George West Dan Hcntschke Dave Hauser L L L 4 cr Advisory Commi t t ee ... i'