Loading...
HomeMy WebLinkAbout1998-10-27; City Council; 14910; AMENDMENT OF LOCAL CONFLICT OF INTEREST CODEfx tau 2 c 0 .- e 2 - .- 0 S 3 s HOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL AB# 17, T/o TITLE: DEPT, HD. MTG. 101271% AMENDMENT OF LOCAL CONFLICT OF INTEREST CODE CITY ATTY. bh(?L x DEPT. CA CITY MG RECOMMENDED ACTION: The City Council, Housing and Redevelopment Commission and Carlsbad Municipal Watf District Board, respectively, adopt Resolutions No. Sg-.ffl( , 3O& , and /028 amending the local conflict of interest code for each legal entity to adopt the revised append updating the designated positions and their disclosure categories. ITEM EXPLANATION: The Political Reform Act of 1974 requires agencies to amend their Local Conflict of lntere Codes when circumstances change. The Act was amended in 1990 to specifically requii biennial review in even-numbered years to determine if changed circumstances had occurre1 and to make appropriate amendments by the end of such years, if required. Staff h; reviewed the Code and determined that (1) there have been new duties assigned to existir positions necessitating changes; and (2) there are new classes added and changed job titk necessitating changes. This year the Economic Development Manager, Buyer, Libra Specialist and Planning Technician I and II positions are added, along with the Sister Ci Committee. The Water Commission, which was eliminated, has been deleted. The amendment adds and deletes the positions and/or reporting categories for the reasor shown opposite the class on the chart attached. By agreement with the City, both the Housing and Redevelopment Commissic (Redevelopment Agency) and the Water District have their services performed by Ci employees, and the City is reimbursed by the other legal entity for those costs. According1 the Appendix to the Local Conflict of Interest Code lists positions of City employees who a designated for the purposes of disqualification and disclosure as a result of their duties f either the City or either of the other two agencies. As provided in the Conflict of lntere Code, employees occupying positions so designated can expand their disclosure statemen to cover reportable interests for both jurisdictions and file such expanded disclosu statements with the City Clerk, provided that each copy of the expanded disclosure stateme is signed and verified by the designated employee as if it were an original. FISCAL IMPACT A minor increase in administrative costs to distribute, complete and file the disclosure forn from new classes and consultants. EXH IBlTS 1. City Council Resolution No. 9% -3 s$ 2. Carlsbad Municipal Water District Resolution No. 1028 3. Housing and Redevelopment Commission Resolution No. 30* 4. Conflict of Interest Code 5. Revised Appendix to the Local Conflict of Interest Code I 6.Chart 1 2 3 4 5 6 7 8 9 10 11 12 Om 13 Yr Err& eo8 ow3 LC3 14 055 o CSU O 15 a 9% >ma g I? 0- LT 4 a 16 003 r-ocn cz; 17 0 SuJ? -I2 4o-J 18 19 20 21 22 23 24 25 26 27 28 I 0 e RESOLUTION NO. 98-355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD WHEREAS, the City has previously adopted and amended its Local Conflict of Interest Code; and 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 which are required to be incorporated in said code, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows, 1. That the above recitations are true and correct. 2. That the attached revised Conflict of Interest Code Appendix for the combined City of Carlsbad, Carlsbad Housing and Redevelopment Agency, and Carlsbad Municipal Water District reflecting the changed circumstances in positions and disclosure categories since the last amendment, is hereby approved with regard to the employees of the City of Carlsbad. ... ... ... ... 1 2 3 4 5 6 7 8 9 10 11 12 13 0 3ug ??A a08 0uJg 04s UU uo 14 JZ Oa9 gsac l5 32 $ Y 0- Crq0 E:i$ p% - 16 17 18 19 20 21 22 23 24 25 26 27 28 aoA 00 e 0 ... PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of October 1998, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin and Hall NOES: None ABSENT: Council Member ATTEST: Ak.i!U?iiiderk (SEAL) , 0 0 AMENDED APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD, THE HOUSING & REDEVELOPMENT AGENCY, CARLSBAD, CALIFORNIA AND THE CARLSBAD MUNICIPAL WATER DISTRICT The positions and categories within the City listed in this appendix are "designated positions." Any person whose position with the City is a designated position is a designated employee. Designated employees shall disclose in the manner provided in the Local Conflict of Interest Code of the City of Carlsbad those financial interests which are within the categories represented by the number(s) following the listed position. The categories correspond to the subsections of Title 2, California Code of Regulations Section 18730, subsection 7 and represent the following disclosures: "1" investment and real property disclosure; "2" personal income disclosure; "3" business entity income disclosure; "4" business position disclosure. DESIGNATED POSITIONS DISCLOSURE CATEGORIES Mayor and Members of the City Council Chairman and Members of the Housing and Redevelopment Commission President, Vice President and Members of the Carlsbad Municipal Water District City Manager Executive Director to the Housing and Attorney of the Housing and * * * * * City Attorney Redevelopment Commission Redevelopment Commission * * City Staff under City Manager: Accountant 2, 31 4 Administrative Services/Project Mgr. Accounting Supervisor z3,4 Administrative Services Director 1,Z 3,4 Administrative Coordinator-Special Districts 21 3 Arts Manager 1,2,3,4 Assistant Engineer 1 Assistant Finance Director 1,2, 3 4 Assistant Planner I,& 3,4 Associate Engineer 1 1, 2, 3,4 Assistant City Engineer Assistant City Manager Assistant to City Manager 1, 2, 3, 4 1, 2, 3, 4 1,2, 3,4 Assistant Library Director Assistant Planning Director Associate Planner 1, 2, 3, 4 1, 21 31 4 1 I 2, 31 4 Page 1 of 4 (10/27/98) 0 a Building Inspector I & II Building Maintenance Superintendent 2,3 Building Maintenance Supervisor 2,3 Buyer 2, 3 Code Enforcement Officer I 8, II 112 Community Development Director 1,2,3,4 Construction Inspector I & II 2,3 Construction Supervisor 2,3 Economic Development Manager 1, 2, 3,4 Equipment Maintenance Superintendent 2,3 Equipment Maintenance Supervisor 21 3 Finance Director 1,2, 3,4 Fire Chief 293 Fire Division Chief 2,3 Fire Division ChiefIFire Marshal 23 Fire Battalion Chief 23 Geographic Information Systems Coordinator 2,3 Housing & Redevelopment Director Housing Program Manager 11 293 Human Resources Assistant 2,3 Human Resources Director 2,3 Human Resources Manager 23 Information Systems Director 2,314 Information Systems Manager 2, 3 Library Services Specialist 293 Management Analyst 2,3 Management Assistant 2,3 Media Programming Specialist 2, 3 Municipal Projects Manager 1,2,3,4 Park Development Coordinator 1,2, 3,4 Parks Supervisor 293 Planning Director 1,2,3,4 Police Chief 2, 3 Police Captain 23 Police Lieutenant 293 Principal Building Inspector 293 Principal Civil Engineer 2,3 Principal Librarian 2,3 Principal Construction Inspector 293 Principal Recreation Supervisor 2,3 Purchasing Officer 2,3 Recreation and Park Planning Manager 2,3 Risk Manager 1,2,3,4 1 Community Arts Coordinator 2, 3, 4 1, 2, 3,4 Library Director 1, 2, 3,4 Parks Superintendent 1, 2, 3, 4 Planning Technician I and II 1, 2, 3,4 Principal Planner Public Works Director 1, 2, 3, 4 dl 2, 3, 4 Senior Accountant 1, 21 3, 4 Page 2 of 4 (1 0/27/98) 0 0 Senior Building Inspector 1,2,3 Senior Citizens Coordinator 2,3 Senior Construction Inspector 1,23 Senior Management Analyst 1,2, 3,4 Senior Planner 2,3 Street Maintenance Superintendent 2, 3 Street Maintenance Supervisor 2, 3 Traffic Engineer 1,2,3,4 City Attorney's Office: Assistant City Attorney 1,2, 3,4 Deputy City Attorney 1,2,3,4 City Clerk 2,3,4 Assistant City Clerk 2,3,4 Deputy City Clerk z3-4 ** Executive Manager of the District Employees under the Executive Manager Carlsbad Municipal Water District of the Carlsbad Municipal Water District Accou ntan t 2,3,4 Administrative Manager 1, z3,4 Associate Engineer 1 Construction & Maintenance Supervisor 2,3 Cross Connection Control Technician 1,2 District Engineer 1,2, 3,4 Maintenance Superintendent 2,3 Management Analyst - CMWD 2,3 Meter Shop Supervisor 293 Operations Superintendent 2,3 Sewer Maintenance Supervisor 2,3 System Operations Supervisor 2,3 General Manager 1, 2J 3, 4 Senior Engineering inspector 1, 2J 3 Water Maintenance Supervisor 2J 3 ** General Counsel for the Carlsbad Municipal Water District Members of the Housing Commission Members of the Arts Commission Members of the Board of Library Trustees Members of the Design Review Board 1,2, 3,4 2,3 1,2, 394 1,2,3,4 Page 3 of 4 (1 0/27/98) 0 e Members of the Parks and Recreation Commission Members of the Planning Commission Members of the Senior Commission Members of the Sister City Committee Members of the Traffic Safety Commission 1,z 3,4 * 2,&4 1,2, 3,4 z3,4 *** Consultants Officials Who Manaqe Public Investments: It has been determined that the positions listed below manage public investments and will file the Form 700 Statement of Economic Interest: * * * City Treasurer Deputy City Treasurer Assistant to the City Treasurer * This position is required to report by virtue of Government Code Section 87200. It is included for disqualification purposes only. See Government Code Section 87200 for disdosure requirements. When a designated employee is also required to file a conflict of interest form under Article 2 (Gov't Code $87200, Form 700) of the Act, he or she may expand their statement to cover reportable interests in both jurisdictions or both positions and file copies of this expanded statement with the City Clerk provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. The duties of each consultant will be separately evaluated to determine whether or not disdosure will be required, and the categories which will apply. The evaluation of the consultant's duties will be conducted by the department head of the department which is responsible for the hiring of the consultants. The disdosure requirement shall be included in the consultant's Contract approved by the City Council, Housing and Redevelopment Commission, City Manager or Executive Manager of the Carisbad Muniapal Water District ** *** Page 4 of 4 (1 0/27/98) 0 0 CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD - AND THE CARLSBAD HOUSING AND REDEVELOPMENT AGI" - AND THE CARLSBAD MUNICIPAL WATER DISTRICT ARTICLE I. GENERAL SECTION I: Title: This Code shall be known and may be cited as "Conflict of Interest Code of the City of Carisbad, Carlsbad Housing and Redevelopment Agency, and the Carlsbad Municipal Water District." SECTION II: Authority: This Code is adopted pursuant to the provisions of the "Political Reform Act of 1974, Title 9 of the Government Code commencing with Government Code Section 81 000 and Section 18730 of Article 2 of Chapter 7 of Division 6 of Title 2 of the California Code of Regulations. SECTION 111: Puwose: This Code is adopted in order to: a. Assure that all employees designated herein perform their duties in an impartial manner, free from bias caused by financial interests; Enumerate and differentiate the positions of employment within the City which involve the making of decisions which may foreseeably have a material effect upon a financial interest; Require the disclosure of such interests, by setting forth the specific types of interests which are reportable for each position; Require that designated employees disqualify themselves from participation in City decision-making which may involve a conflict of interest. B. C. D. SECTION IV: Incorporation bv Reference: The provisions of Title 2 California Code of Regulations Section 18730, except Section 9.5 thereof, a copy of which is attached hereto marked Exhibit "A", are hereby incorporated by this reference and constitute the Conflict of Interest Code of the City of Carlsbad, Carisbad Housing and Redevelopment Agency, and the Carlsbad Municipal Water District. Page 1 of 3 e 0 SECTIONV: Amendments: Section 4 of the Code found in Title 2 California Code of Regulations Section 18730 is replaced with the following Section 4: Section 4: All designated employees shall file the statements of economic in[ere& required herein with the City Clerk for the City of Carlsbad. Where the person filing such statements is required to file multiple statements on account of his or her capacity in both City and Agency and/or District, filing may be made on a single forrn(s), specifying therein that it is filed in both capacities. APPENDIX A. Persons holding positions listed in the Appendix are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions". It has been determined that these persons make or participate in making decisions which foreseeably may have a material effect on such financial interests. Where the disclosure category requires disclosure of interests in real property, the designated employee need only disclose real property which boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. C. Where the disclosure category requires disclosure of investments or sources of income, the designated employee need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. Where the disclosure category requires disclosure of business positions, the designated employee need only disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. B. is located in whole or in part within or not more thanttwo miles outside the D. SECTION VI:m: "Act" means the Political Reform Act of 1974, comprising Title 9 (mnmencing with Section 81 000) of the Government Code of the State of California. Page 2 of 3 0 0 SECTION VII: Desianated emdovee: "Designated employee" means any officer, employee, commission or board member or consultant to the City whose position is listed in the Appendix of this Code. SECTION V111: Desianated position: "Designated position" means a position specified in the Appendixof this Code and requiring disclosure as provided in this Code because the position entails the making or participating in the making of decisions which may foreseeably have a material effect on a financial interest. SECTION IX: Reaulations: "Regulations" mean the regulation of the Fair Political Practices Commission adopted pursuant to Title 9 of the Government Code and reported at Title 2 of the California Code of Regulations commencing with Section 18100. SECTION X: ReDeal: This Code shall repeal and supersede all previous versions of the "Conflict of Interest Code of the Clty of Carlsbad, Housing and Redevelopment Agency and Cartsbad Municipal Water District". SECTION XI: Effective date: This Code shall be effective upon adoption by resolution of the appropriate code reviewing body. Ill Ill Ill ill Ill Ill Ill Ill Ill 111 Ill If1 Page 3 of 3 October 1998 e 0 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright (c) 1998 by Barclays Law Publishers All rights reserved *** THIS DOCUMENT IS CURRENT THROUGH REGISTER 98, NO. 41, OCTOBER 9, 1998 *** TITLE 2. ADMINISTRATION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 2. DISCLOSURE 2 CCR 18730 (1 998) DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION § 18730. Provisions of Conflict of Interest Codes (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87307 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 181 00, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. ~~~8~~ 1 -~ -- 0 0 (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included (B) The disclosure assigned in the code of the other agency is the same as that required under Article 2 of Chapter 7 of the Political Reform Act, Government Code section 87200; and within the jurisdiction of the other agency; (C) The filing officer is the same for both agencies. 1 Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial financial interests which he or she foreseeably can affect materially through the conduct of his or her office. interests set forth in a designated employee's disclosure categories are the kinds of (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.c2> (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. 2 0 0 (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than (D) Leaving Office Statements, All persons who leave designated positions shall file April 1 . statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (6) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income 3 a e received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property<3 >is required to be reported,<4 >the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1 ,OOO), exceeds ten thousand dollars ($1 O,OOO), or exceeds one hundred thousand dollars ($1 00,000). (6) Personal Income Disclosure. When personal income is required to be reported, 5< 1, The name and address of each source of income aggregating two hundred fiRy >the statement shall contain: dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars 4 a 0 ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($1 0,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made: a description of the gift: the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, 6< >the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($1 0,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or; her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. 5 0 0 This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $290. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $290 required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. in a calendar year from any single source, if the member or employee would be Subdivisions (e), (f), and (9) of Government Code Section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (9) of Section 4 of Article VI1 of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her eIection to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (9, and (9) of Section 4 of Article VI1 of the Constitution shall, 6 0 0 while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official are solely secretarial, clerical, or manual. sfafus. This subdivision shall not apply to loans made to a public official whose duties (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed two hundred fifty 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. dollars ($250) at any given time. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 7 0 0 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A] Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of 2. If the loan has no defined date or dates for repayment, when one year has elapsed limitations for filing an action for default has expired. from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars ($100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months. (6) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. 8 0 0 (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which be or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management: or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $290 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented 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. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: 9 e (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. (1 0) Section IO. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (1 1 ) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 831 14 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (1 2) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000-9101 5. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. ---------- <I >Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. 10 a 0 c2> See Government Code section 81010 and 2 Cal. Code of Regs. section 181 15 for the duties of filing officers and persons in agencies who make and retain copies of statements and fonvard the originals to the filing officer. <3> For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. <4 >Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. <5>A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. <6>lncome of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a IO percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. AUTHORITY: Note: Authority cited: Section 831 12, Government Code. Reference: Sections 87103(e), 87300-87302,89501,89502 and 89503, Government Code. HI STORY: 1. New section fled 4-2-80 as an emergency: effective upon filino (Register 80, No. 14). Certificate of Compliance included. 2. Editorial correction (Register 80, No. 29). 3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2). 4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46). 11 0 0 6. Amendment filed 4-13-87; operative 5-1 3-87 (Register 87, No. 16). 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No, 32) 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4- 93; operative 2-4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1 , section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21 -93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title I, section 100, California Code of Regulations (Register 94, No. I). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.I)-(b)(8.1)(6), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11 343.4(d) (Register 95, No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1 )(B), and amendment of subsection (b)( 12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 1 1343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11 343.4(d) (Register 97, No. 15). 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section I 1343.4jd) (Register 98, No. 35). 12 0 e AMENDED APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD, THE HOUSING & REDEVELOPMENT AGENCY, CARLSBAD, CALIFORNIA AND THE CARLSBAD MUNICIPAL WATER DISTRICT The positions and categories within the City listed in this appendix are "designated positions." Any person whose position with the City is a designated position is a designated employee. Designated employees shall disclose in the manner provided in the Local Conflict of Interest Code of the City of Carlsbad those financial interests which are within the categories represented by the number(s) following the listed position. The Section 18730, subsection 7 and represent the following disclosures: "1" investment and real property disclosure; "2" personal income disclosure; "3" business entity income disclosure; "4" business position disclosure. DESIGNATED POSITIONS DISCLOSURE CATEGORIES categories correspond to the subsections of Title 2, California Code of Regulations Mayor and Members of the City Council Chairman and Members of the Housing and Redevelopment Commission President, Vice President and Members of the Carlsbad Municipal Water District City Manager City Attorney Executive Director to the Housing and Attorney of the Housing and * * * * * Redevelopment Commission * Redevelopment Commission * City Staff under City Manager: Accountant z3,4 Administrative ServicedProject Mgr. 1,2, 334 Administrative Services Director 1,2,3,4 Administrative Coo rdinato r-S pecial Districts Arts Manager 1,29394 Assistant City Engineer 1,2, 394 Assistant City Manager 1,2,3,4 Assistant to City Manager 1,2,3,4 Assistant Engineer 1 Assistant Finance Director 1,2,3,4 Assistant Library Director 1,2,3,4 Assistant Planner 1921 394 Assistant Planning Director 1,2, 3,4 Associate Engineer 1 Associate Planner 11 2,3,4 Accounting Supervisor 2, 3, 4 293 Page 1 of 4 (1 0/27/98) 0 0 Building Inspector I & II 1 Building Maintenance Superintendent 2,3 Building Maintenance Supervisor 23 293 ement Officer I & II 1,2 Community Arts Coordinator 2, 3,4 Community Development Director 1,2, 3,4 Construction Inspector I & II 2,3 Construction Supervisor 2,3 Economic Development Manager 62,314 Equipment Maintenance Superintendent 293 Equipment Maintenance Supervisor 23 Fire Chief 2,3 Fire Division Chief 21 3 Fire Division Chief/Fire Marshal 2,3 Fire Battalion Chief 2,3 Geographic Information Systems Coordinator 2,3 Housing & Redevelopment Director Housing Program Manager 1,2,3 Human Resources Assistant 213 Human Resources Director 2,3 Human Resources Manager 213 Information Systems Director 2,394 Information Systems Manager 2,3 Library Services Sttpeww Specialist 2,3 Management Analyst 2,3 Management Assistant 2,3 Media Programming Specialist 2,3 Park Development Coordinator 1,213,4 Parks Supervisor 2,3 Planning Director Planning Technician 1 and II Police Chief 2,3 Police Captain 293 Police Lieutenant 233 Principal Building Inspector 23 Principal Civil Engineer 2,3 Principal Librarian 293 Principal Construction Inspector 213 Principal Recreation Supervisor 2,3 Public Works Director 1,2,3,4 Purchasing Officer 2,3 Recreation and Park Planning Manager * I LI w1 Finance Director 1, 2, 3, 4 11 2,394 Library Director 11 2, 31 4 Municipal Projects Manager Parks Superintendent 1, 2, 3,4 1, 2, 3, 4 Principal Planner 1,2, 3,4 23 Risk Manager Sen io r Accountant 1, 2, 3, 4 1, 2, 3,4 Page 2 of 4 (1 0/27/98) 0 0 Senior Bdlding Inspector 1,z 3 Senior Citizens Coordinator 23 Senior Construction Inspector 1,2,3 Senior Planner 2, 3 Street Maintenance Superintendent 213 Street Maintenance Supervisor 2, 3 Traffic Engineer 1,2,3,4 Senior Management Analyst 1, 2, 3, 4 City Attorney's Office: Assistant City Attorney Deputy City Attorney 1, 2, 3, 4 1, 2, 3, 4 City Clerk 2, 3, 4 Assistant City Clerk 2, 3,4 Deputy City Clerk 2,3,4 ** Executive Manager of the District Employees under the Executive Manager Carlsbad Municipal Water District of the Carlsbad Municipal Water District Accountant z3,4 Administrative Manager 112,334 Associate Engineer 1 Construction & Maintenance Supervisor 2,3 Cross Connection Control Technician 112 District Engineer 1,2,3,4 Maintenance Superintendent 2,3 Management Analyst - CMWD 213 Meter Shop Supervisor 213 Operations Superintendent 2,3 Senior Engineering Inspector 1,2,3 Sewer Maintenance Supervisor 293 System Operations Supervisor 2,3 Water Maintenance Supervisor 2,3 Carlsbad Municipal Water District General Manager 1, 2, 3,4 ** General Counsel for the Members of the Housing Commission 1,2,3,4 213 11 2,3,4 1 I 2,3,4 Members of the Arts Commission Members of the Board of Library Trustees Members of the Design Review Board Page 3 of 4 (10/27/98) i' 0 0 Members of the Parks and Recreation Commission Members of the Planning Commission Members of the Senior Commission Members of the Sister City Committee Members of the Traffic Safety Commission 1,2, 3,4 * 2,3,4 1,2,3,4 2,3,4 *** Consultants Officials Who Manaae Public Investments: It has been determined that the positions listed below manage public investments and will file the Form 700 Statement of Economic Interest: City Treasurer Deputy City Treasurer Assistant to the City Treasurer * * * * This position is required to report by virtue of Government Code Section 87200. It is included for disqualification purposes only. See Government Code Section 87200 for disclosure requirements. When a designated employee is also required to file a conflict of interest form under Artide 2 (Gov't Code s87200, Form 700) of the Act, he or she may expand their statement to cover reportable interests in both junsdictions or both positions and file copies of this expanded statement with the City Clerk provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. The duties of each consultant will be separately evaluated to determine whether or not disclosure will be required, and the categories which will apply. The evaluation of the consultant's duties will be conducted by the department head of the department which is responsible for the hiring of me consultants. The disclosure requirement shall be included in the consultant's contract approved by the City Council, Housing and Redevelopment Commission. City Manager or Executive Manager of the Carlsbad Municipal Water District. ** tt, Page 4 of 4 (1 0/27/98) / POSlTlONlTlTLE Assistant Planner Associate Planner Buyer Economic Development Manager Executive Assistant Library Services Supervisor Planning Technician I and I1 UtilitiedNaintenance Superintendent Members of the Sister City Committee Members of the Water Commission Library Semices SpeGialist REPORTING ADD DELETE REASON CATEGORY 1,2,3,4 X Add it iona I 1,2,3,4 X Additional 2, 3 X Newly Added 1,2,3,4 Newly Added 1,2,3,4 X Position Eliminated 2,3 X Position Eliminated 1,2,3,4 X Newly Added 2, 3 X Position Eliminated 1,2, 3,4 X Newly Added 1,2,3,4 X Board Eliminated Categories Only Categories Only 2,3 X New Position i 2 3 4 5 6 7 8 9 io 11 12 '0, 13 :a8 )W$ -a 14 )35 -=!E rg2 15 !So :a:d 16 is3 E83 .:s 17 io LlJ~ ;g& si -4: 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 1028 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT AMENDING THE LOCAL CONFLICT OF INTEREST CODE OF THE CARLSBAD MUNICIPAL WATER DISTRICT. WHEREAS, the District has previously adopted and amended its local conflict of interest code; and 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 Board of Directors of the Carlsbad Municipal Water District is the Code reviewing body within the meaning of the Act; and WHEREAS, the Secretary has prepared amendments to the Appendix which are required to be incorporated in said code, NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District as follows: 1. That the above recitations are true and correct. 2. That the revised Conflict of Interest Code Appendix for the combined City of Carlsbad, Carlsbad Housing and Redevelopment Agency, and Carlsbad Municipal Water District reflecting the changed circumstances in positions and disclosure categories since the last amendment, is hereby approved with regard to the employees of the Carlsbad Municipal Water District. Ill Ill Ill Ill Ill 111 /{{ 1 2 3 4 5 6 7 8 9 10 11 12 13 &lJz $53 14 ?;% 045 C+ o 82% O 15 >m< Sl?? a%a 16 E52 aoA ZYj 0 00, a> 22 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Board of Directors of the Carlsbad Municipal Water District the City of Carlsbad on the 27th day of October 1998, by the following vote, to wit: AYES: Board Members Lewis, Nygaard, Kulchin and Hall NOES: None ABSENT: Board Member Fi ATTEST: LzaLY-7 ALETHA L. RA'UTENKRANZ, Secret* ,I 0 0 AMENDED APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD, THE HOUSING & REDEVELOPMENT AGENCY, CARLSBAD, CALIFORNIA AND THE CARLSBAD MUNICIPAL WATER DISTRICT The positions and categories within the City listed in this appendix are "designated positions." Any person whose position with the City is a designated position is a designated employee. Designated employees shall disclose in the manner provided in the Local Conflict of Interest Code of the City of Carisbad those financial interests which categories correspond to the subsections of Title 2, California Code of Regulations Section 18730, subsection 7 and represent the following disclosures: "1" investment and real property disclosure; "2" personal income disclosure; "3" business entity income disclosure; "4" business position disclosure. DESIGNATED POSITIONS DISCLOSURE CATEGORIES are within the categories represented by the number(s) following the listed position. The * Mayor and Members of the City Council Chairman and Members of the Housing and Redevelopment Commission President, Vice President and Members of the Carlsbad Municipal Water District City Manager City Attorney Executive Director to the Housing and Attorney of the Housing and * * * * Redevelopment Commission Redevelopment Commission * * City Staff under City Manager: Accountant 21 31 4 Accounting Supervisor 2, 3, 4 Administrative Services/Project Mgr. 1 p 2, 3, 4 Administrative Services Director 11 21 31 4 Arts Manager 1,2,3,4 Assistant City Engineer 112,314 Assistant City Manager ll2, 3,4 Assistant to City Manager 1, 2, 3, 4 Assistant Finance Director 1, 2, 3,4 Assistant Library Director 1, 2, 3,4 Assistant Planner 1,2, 3,4 Administrative Coordinator-Special Districts 21 3 Assistant Engineer 1 Assistant Planning Director 1,2,3,4 Associate Engineer 1 Associate Planner 1, 2, 3,4 Page 1 of 4 (1 0/27/98) e 0 Building Inspector I & II Building Maintenance Superintendent 2,3 Building Maintenance Supervisor 2,3 Buyer 2,3 Community Arts Coordinator 2,3,4 Construction Inspector I & II Construction Supervisor 213 Economic Development Manager 1,2,3,4 Equipment Maintenance Superintendent 293 Equipment Maintenance Supervisor 2,3 Finance Director 1,2, 3,4 Fire Chief 233 Fire Division Chief 2,3 Fire Division ChieflFire Marshal 2.3 Fire Battalion Chief 21 3 Geographic Information Systems Coordinator 213 Housing & Redevelopment Director 1,2,3,4 Housing Program Manager 1,293 Human Resources Assistant 2,3 Human Resources Director 2,3 Human Resources Manager 2,3 Information Systems Manager 293 Library Director 1.2.3,4 Library Services Specialist 2,3 Management Analyst 2,3 Management Assistant 23 Media Programming Specialist 2,3 Park Development Coordinator 1,2, 3,4 Parks Superintendent 11 21 3,4 Parks Supervisor 21 3 Planning Director 11 21 3,4 Planning Technician I and II 1,2,3,4 Police Chief 23 Police Captain 21 3 Police Lieutenant 273 Principal Building Inspector 2.3 Principal Civil Engineer 21 3 Principal Librarian 293 Principal Construction Inspector 2,3 Principal Planner 1.2,3,4 Principal Recreation Supervisor 21 3 Public Works Director Purchasing Officer 213 Recreation and Park Planning Manager Risk Manager 112,3,4 1 Code Enforcement Officer I & II Community Development Director 112 5: ? 3, 4 Information Systems Director 2, 394 Municipal Projects Manager 1,21314 1 , z3.4 2,3 Senior Accountant 1, 2, 3,4 Page 2 of 4 (10/27/98) 0 e Senior Building Inspector 1,2, 3 Senior Citizens Coordinator 2,3 Senior Construction inspector 1,23 Senior Management Analyst 1,2,3,4 Senior Planner 21 3 Street Maintenance Superintendent 2,3 Street Maintenance Supervisor 23 Traffic Engineer 1,293,4 City Attorney's Office: Assistant City Attorney 1,2, 3,4 Deputy City Attorney 1,293,4 City Clerk 2,394 Assistant City Clerk 2,3,4 Deputy City Clerk 293,4 ** Executive Manager of the District Employees under the Executive Manager Carlsbad Municipal Water Distn'ct of the Carisbad Municipal Water District Accountant 29394 Administrative Manager 1 9 293.4 Associate Engineer 1 Construction & Maintenance Supervisor 23 Cross Connection Control Technician 1,2 District Engineer 132,394 General Manager 1 I 293,4 Maintenance Superintendent 21 3 Management Analyst - CMWD 2,3 Meter Shop Supervisor 293 Operations Superintendent 2,3 Senior Engineering Inspector t2,3 Sewer Maintenance Supervisor 2.3 System Operations Supervisor 2,3 Water Maintenance Supervisor 2,3 ** General Counsel for the Carlsbad Municipal Water District Members of the Housing Commission Members of the Arts Commission Members of the Board of Library Trustees Members of the Design Review Board 1 9 z3,4 293 1 9 2,394 1,2,3,4 Page 3 of 4 (1 0/27/98) 0 e Members of the Parks and Recreation Commission Members of the Planning Commission Members of the Senior Commission Members of the Sister City Committee Members of the Traffic Safety Commission 1,2,3,4 * 2,394 1,2,3,4 z3,4 *** Consultants Officials Who Manaae Public Investments: It has been determined that the positions listed below manage public investments and will file the Form 700 Statement of Economic Interest: City Treasurer Deputy City Treasurer Assistant to the City Treasurer * * * * This position is required to report by virtue of Government Code Sedion 87200. It is induded for disqualification purposes only. See Government Code Section 87200 for disdosure requirements. When a designated employee is ab required to file a mflid of interest form under Artide 2 (Gov't Code $87200, Form 700) of the Act, he or she may expand their stawnt to cover reportable interests in both jurisdictions or both positions and file copies of this expanded statement with me City Clerk provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. The duties of each consultant will be separately evaluated to determine whether or not disdosure will be required, and the categories which will apply. The evaluation of the consultant's duties will be conducted by the department head of the department which is responsible fcr the hiring of the multants. The disdosure requirement shall be induded in the msultanrs contract approved by the City Counal, Housing and Redevelopment Commission. City Manager or Executive Manager of the Carlsbad Muniapal Water District ** +n Page 4 of 4 (1 0/27/98) 1 2 3 4 5 6 7 0 9 10 11 12 =a SW? 2s rlrm 13 ao8 14 Jwg 344 pa 8 9% l5 x56 16 2VS 50 LO >'JZ ;gs PC'% 17 -00 402 - 18 19 20 21 22 23 24 25 26 27 28 0 RESOLUTION NO. 302 0 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE LOCAL CONFLICT OF INTEREST CODE OF THE HOUSING AND REDEVELOPMENT AGENCY WHEREAS, the Housing and Redevelopment Agency of the City of Carlsbad, California has previously adopted and amended its Local Conflict of Interest Code;and 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 Housing and Redevelopment Commission is the Code reviewing body within the meaning of the Act; and WHEREAS, the Secretary has prepared amendments to the Appendix which are required to be incorporated in said code, NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California as follows, 1. That the above recitations are true and correct. 2. That the attached revised Conflict of Interest Code Appendix for the combined City of Carlsbad, Carlsbad Housing and Redevelopment Agency, and Carlsbad Municipal Water District reflecting the changed circumstances in positions and disclosure categories since the last amendment, is hereby approved with regard to the employees of the Housing and Redevelopment Agency. ... ... *-. ... I/ n !!&A 13 an8 14 ow2 043 CgOC On2 15 sa- ,ma 16 y Y 0- gv EG 17 $23 18 19 20 21 SUJ! LLO -12 40-1 5 22 23 24 25 26 27 28 ,I 0 0 AMENDED APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD, THE HOUSfNG & REDEVELOPMENT AGENCY, CARLSBAD, CALIFORNIA AND THE CARLSBAD MUNICIPAL WATER DISTRICT The positions and categories within the City listed in this appendix are "designated positions." Any person whose position with the City is a designated position is a designated employee. Designated employees shall disclose in the manner provided in the Local Conflict of Interest Code of the City of Carlsbad those financial interests which are within the categories represented by the number@) following the listed position. The categories correspond to the subsections of Title 2, California Code of Regulations Section 18730, subsection 7 and represent the following disclosures: "1 " investment and real property disclosure; "2" personal income disclosure; "3" business entity income disclosure; "4" business position disclosure. DESIGNATED POSITIONS DISCLOSURE CATEGORIES * Mayor and Members of the City Council * Chairman and Members of the Housing and Redevelopment Commission President, Vice President and Members of the Carlsbad Municipal Water District City Manager City Attorney Executive Director to the Housing and Attorney of the Housing and * * * Redevelopment Commission Redevelopment Commission * * City Staff under City Manager: Accountant 2,3,4 Administrative Services Director 1 I 2,3,4 Ad rnin istrative Coord inator-S pecial Districts 2, 3 Assistant City Engineer 1 I 2,3,4 Assistant to City Manager 1,2, 3,4 Assistant Engineer 1 Assistant Finance Director 1,21394 Accounting Supervisor 21 31 4 Administrative Services/Project Mg r. 1, 2, 31 4 Arts Manager Assistant City Manager 1, 2, 31 4 1, 2, 3,4 Assistant Library Director 1, 2, 3, 4 Assistant Planner 1,2, 3,4 Assistant Planning Director 11 2, 31 4 Associate Engineer 1 Associate Planner 1, 2, 3,4 Page 1 of 4 (10/27/98) 0 0 Building Inspector I & II Building Maintenance Superintendent 21 3 Building Maintenance Supervisor 21 3 Buyer 23 Code Enforcement Officer I & I1 112 Community Arts Coordinator 23,4 Community Development Director 1,2,3,4 Construction Inspector I & II 21 3 Construction Supervisor 2,3 Equipment Maintenance Superintendent 21 3 Equipment Maintenance Supervisor 213 Fire Chief 2,3 Fire Division Chief 213 Fire Division Chief/Fire Marshal 21 3 Fire Battalion Chief 2,3 Geographic Information Systems Coordinator 2,3 Human Resources Assistant 21 3 Human Resources Director 21 3 Human Resources Manager 293 Information Systems Manager 2,3 Library Services Specialist 21 3 Management Analyst 2,3 Management Assistant 2,3 Media Programming Specialist 2,3 Parks Superintendent 11 2,3,4 Parks Supervisor 213 Planning Technician I and II 1,2,3,4 Police Chief 21 3 Police Captain 21 3 Police Lieutenant 2,3 Principal Building Inspector 21 3 Principal Civil Engineer 293 Principal Librarian 21 3 Principal Construction Inspector 293 Principal Recreation Supervisor 233 Purchasing Officer 21 3 Recreation and Park Planning Manager 21 3 Senior Accountant 1,21334 1 Economic Development Manager 1, 2, 3, 4 Finance Director 1, 2, 3,4 Housing & Redevelopment Director Housing Program Manager I,? 3 1, 2, 3,4 Information Systems Director Library Director 1, 2, 3,4 2, 3, 4 Municipal Projects Manager 112,314 Park Development Coordinator 112,3,4 Planning Director 11 21 31 4 Principal Planner 1,213~4 Public Works Director 1, 2, 3,4 Risk Manager 1 l 2, 3, 4 Page 2 of 4 (1 0/27/98) e 0 Senior Building inspector 1,2,3 Senior Citizens Coordinator 293 Senior Construction Inspector 11213 Senior Planner 233 Street Maintenance Superintendent 2.3 Street Maintenance Supervisor 2.3 Traffic Engineer 1,2,3,4 Senior Management Analyst 1, 21 3, 4 City Attorney's Office: Assistant City Attorney 1,2,3,4 Deputy City Attorney 1,2,3,4 City Clerk 2, 3, 4 Deputy City Clerk 2, 3, 4 Assistant City Clerk 21 3,4 Executive Manager of the District Employees under the Executive Manager Carlsbad Municipal Water District ** of the Carlsbad Municipal Water District Accountant 2,3,4 Administrative Manager 1,2,37 4 Associate Engineer 1 Construction & Maintenance Supervisor 293 Cross Connection Control Technician 192 District Engineer 1,2*3,4 Maintenance Superintendent 2.3 Management Analyst - CMWD 2,3 Meter Shop Supervisor 2,3 Operations Superintendent 233 Senior Engineering Inspector 112, 3 Sewer Maintenance Supervisor 2.3 System Operations Supervisor 2,3 Water Maintenance Supervisor 21 3 General Manager 172, 3,4 ** General Counsel for the Carlsbad Municipal Water District Members of the Housing Commission Members of the Arts Commission 1,2,3,4 2,3 1,2.3,4 Members of the Board of Library Trustees Members of the Design Review Board Page 3 of 4 (I 0/27/98) 1,2,3,4 0 0 Members of the Parks and Recreation Commission Members of the Planning Commission 1 t 2,3,4 * Members of the Senior Commission Members of the Sister City Committee 2, 3,4 1, 2, 3,4 Members of the Traffic Safety Commission 2,3,4 *** Consultants Officials Who Manaae Public Investments: it has been determined that the positions listed below manage public investments and will file the Form 700 Statement of Economic Interest: City Treasurer * Deputy City Treasurer * Assistant to the City Treasurer * * This positlon is required to report by virtue of Government Code Sedion 87200. It is induded for disqualification purposes only. See Government Code Section 87200 for disclosure requirements. When a designated employee is also required to file a conflict of interest form under Article 2 (Gov't Code §87200, Form 700) of the Act, he or she may expand their statement to cover reportable interests in both jurisdictions w both positions and file copies of this expanded statement wilh the City Clerk provided that each copy of such expanded sbtement filed in place of an original is signed and verified by the designated employee as if it Wece an original. The duties of each consultant will be separately evaluated to determine whether or not dsdosure will be required, and the categories which will apply. The evaluation of the msultant's duties will be conducted by the department head of the department which is responsible for the hiring of the consultants. The disclosure requirement shall be induded in the consultant's contract approved by the City Counal, Housing and Redevelopment Commission, City Manager or Executive Manager of the Carlsbad Municipal Water District ** n+ Page 4 of 4 (1 0127198)