Loading...
HomeMy WebLinkAbout2010-09-28; City Council; Resolution 2010-2321 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2010-232 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 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 for the combined City of Carlsbad, Carlsbad Housing and Redevelopment Agency, Carlsbad Public Financing Authority, 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad City Council, Carlsbad Municipal Water District Board of Directors, Carlsbad Housing and Redevelopment Commission and Carlsbad Public Financing Authority held on the 28th day of September, 2010, by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Council Member Kulchin. ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD AND THE CARLSBAD HOUSING AND REDEVELOPMENT AGENCY AND THE CARLSBAD MUNICIPAL WATER DISTRICT AND THE CARLSBAD PUBLIC FINANCING AUTHORITY ARTICLE!. GENERAL SECTION I: Title: This Code shall be known and may be cited as "Conflict Of Interest Code of the City Of Carlsbad, Carlsbad Housing and Redevelopment Agency, Carlsbad Municipal Water District, and Carlsbad Public Financing Authority." 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 81000 and Section 18730 of Article 2 of Chapter 7 of Division 6 of Title 2 of the California Code of Regulations. SECTION III: Purpose: 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; B. 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; C. Require the disclosure of such interests, by setting forth the specific types of interests which are reportable for each position; D. Require that designated employees disqualify themselves from participation in City decision-making which may involve a conflict of interest. Page 1 of 3 September §28, 201QQ8 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, Carlsbad Housing and Redevelopment Agency, Carlsbad Municipal Water District and the Carlsbad Public Financing Authority. SECTION V: Amendments: Section 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 interests required herein with the City Clerk of 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, District and/or Authority, filing may be made on a single form(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 interestsjf those interests meet certain monetary thresholds. B. Where the disclosure category requires disclosure of interests in real property, the designated employee need only disclose real property which is located in whole or in part within or not more than two miles outside the 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. D. 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. Page 2 of 3 September §28, 201008 SECTION VI: Act: "Act" means the Political Reform Act of 1974, comprising Title 9 (commencing with Section 81000) of the Government Code of the State of California. SECTION VII: Designated employee: "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 VIII: Designated position: "Designated position" means a position specified in the Appendix of 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: Regulations: "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: Repeal: This Code shall repeal and supersede all previous versions of the "Conflict of Interest Code of the City of Carlsbad, Carlsbad Housing and Redevelopment Agency, Carlsbad Municipal Water District, and Carlsbad Public Financing Authority". SECTION XI: Effective date: This Code shall be effective upon adoption by resolution of the appropriate code reviewing body. Page 3 of 3 September §28, 20H)Q8 APPENDIX ~ " •{ Formatted! Left: 05", Right: 0.6" TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD, THE HOUSING & REDEVELOPMENT AGENCY, CARLSBAD, CALIFORNIA PUBLIC FINANCING AUTHORITY 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 City Manager * City Attorney City Clerk Chairman and Members of the Housing and Redevelopment Commission Executive Director to the Housing and Redevelopment Commission Attorney of the Housing and Redevelopment Commission ** Secretary of the Housing and Redevelopment Commission * President, and Members of the Board of Directors of the Carlsbad Municipal Water District * Executive Manager of the Carlsbad Municipal Water District ** General Counsel for the Carlsbad Municipal Water District ** Secretary of the CMWD Board Chairman and Members of the Public Financing Authority Executive Director of the Carlsbad Public Financing Authority ** General Counsel of the Carlsbad Page 1 of 6 9/9/201011/5/20089/5/2008 Public Financing Authority Secretary of the Public Financing Authority Treasurer of the Public Financing Authority Officials Who Manage Public Investments: Administrative Services Director Assistant to the Treasurer City Treasurer Deputy City Treasurer Finance Director City Staff under City Manager: Accountant Accounting Supervisor Aquatics Supervisor Assistant City Manager Assistant Engineer Assistant Finance Director Assistant Planner Assistant Planning Director Associate Analyst Associate Contract Administrator Associate Engineer Associate Planner Benefits Administrator Building & Code Enforcement Manager Building Inspector 1 & II Business Systems Specialist Buyer /Contract Administrator City Communications Manager Citv Planner Code Enforcement Officer 1 & II Community and Economic Development Director Community Coordinator Community Relations Manager Community Outreach Supervisor Construction Manager Cultural Arts Manager Deputy City Engineer Deputy City Manager Deputy Fire Marshall Deputy Library Director Dfiniitv Puhlir Wnrkr Hirnrtnr Development Services Manager 2,3,4 2,3,4 2,3 1,2,3,4 1,2 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3,4 1,2 1,2,3,4 2,3 1,2,3 1,2,3 2,3,4 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3 1,2,3,4 2,3,4 2,3 2,3,4 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3 1,2,3,4103/1 1,2,3,4 | Page 2 of 6 9/9/201011/5/20089/5/2008 Economic Development & Real Estate Manager 1, 2, 3, 4 Emergency Medical Services (EMS) Paramedic Nurse Coordinator Emergency Preparedness Coordinator Environmental Programs Manager Environmental Specialist I & II & Senior Equipment Maintenance Supervisor Finance Manager Fire Chief Fire Division Chief Fire Battalion Chief Fire Marshal Fire Prevention Specialist I & II Gallery Curator Geographic Information Systems Manager Housing & Rodovolopmont Neighborhood ServicesDirector Housing Program Manager Human Resources Director Human Resources Manager Information Technology Director Information Technology Manager Library and Cultural Arts Director Management Analyst Management Assistant Management Intern Media Sorvicos Specialist Municipal Projects Manager Municipal Property Manaaer Park Development Manager Park Planner Parks and Recreation Director Parks/Trees Supervisor Parks Superintendent Plannino Diroctor Planning Technician I & II Police Chief Police Captain Police Communications Manager Police Lieutenant Principal Librarian Principal Planner Property & Environmental Manaaement Director 1,2,3,4 1,2,3,4 1,2,3 1,2,3 2,3 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3 2,3 2,3 •1 1,2,3 1,2,3,4 2,3 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3,4 2,3 1,2,3,40 3 1,2,3,4 1.2,3,4 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3 1,2,3,4 1 ° 3 'I 1,2,3,4 1,2,3,4 2,3 2,3 2,3 2, 3,_4 1,2,3,4 1,2,3,4 Public Safety Information Technology Manager 1, 2, 3, 4 | Page 3 of 6 9/9/201011/5/20089/5/2008 2, 3, 4 Public Works Inspector 1 & II Public Works Manager Public Works Superintendent Public Works Supervisor Records Supervisor (Police) Recreation Area Manager Rocr0ation Diroctor Recreation Services Manager Risk Manager Senior Accountant Senior Building Inspector Senior Business Systems Specialist Senior Circulation Supervisor Senior Civil Engineer Senior Construction Inspector Senior Contract Administrator Senior Librarian Senior Management Analyst Senior Planner Traffic Engineer Transportation Director Junior Planner Video Production Manager Warehouse Technician City Attorney's Office: Senior Assistant City Attorney Assistant City Attorney Deputy City Attorney City Clerk's Office: Assistant City Clerk Deputy City Clerk/Technician Records Manager Records Management Supervisor 1,2,3 L_2, 3 1,2,3,4 2,3 2,3 2,3,4i o 3 /i 2,3,4 1,2,3,4 1,2,3,4 1,2,3,4 2,3,4 1.2,3 1,2,3,4 1,2,3,4 1,2,3,4 2,3^ 1,2,3,4 1,2,3,4 1 ° T A 1,2,3.4 1,2,3.4 1,2,3,4 2,3 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3,4 2,3,4 2,3,4 2,3 2,3 City Employees under the Executive Manager of the Carlsbad Municipal Water District: Accountant 2, 3, 4 Accounting Supervisor 2, 3 Page 4 of 6 9/9/201011/5/20089/5; Associate Engineer 1, 2 Cross Connection Control Technician 1, 2 Deputy City Engineer 1, 2, 3, 4 Doputy Public Works Director 1,2, 3,1 Management Analyst 2, 3 Public Works Manager 2, 3 Public Works Supervisor 2, 3 Senior Civil Engineer 1, 2, 3, 4 Senior Cross Connection Control Technician 1, 2, 3, 4 Senior Engineering Inspector 1, 2, 3, 4 Utilities Director 1, 2, 3, 4 Consultants *** Boards and Commissions: Members of the Agricultural Conversion Mitigation Fee Ad Hoc Citizens' Advisory Committee 1, 2, 3, 4 Members of the Arts Commission 1, 2, 3, 4 Members of the Board of Library Trustees 1, 2, 3, 4 Members of the Carlsbad Tourism Business Improvement District 1,2,3,4 Members of the Design Review Board 1, 2, 3, 4 Members of the Housing Commission 1, 2, 3, 4 Members of the Parks and Recreation Commission 1, 2, 3, 4 Members of the Planning Commission Members of the Senior Commission 1, 2, 3, 4 Members of the Sistor City Committoo 1, 2, 3, 4 Members of the Traffic Safety Commission 1, 2, 3, 4 Page 5 of 6 9/9/201011/5/20089/5/2008 This position is required to report by virtue of Government Code Section 87200.lt 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 Article 2 (Govl 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 disclosure will be required, and the categories wtiich 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 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. Page 6 of 6 9/9/201011/5/20089/5/2008 fi