HomeMy WebLinkAbout2010-09-28; Public Financing Authority; Resolution 541
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WHEREAS, the City has previously adopted and amended its local
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conflict of interest code; and
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WHEREAS, provisions of the Political Reform Act of 1974 ("the Act")8
(Government Code Section 81000 et seq.) require an amendment to said code due
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reviewing body within the meaning of the Act; and
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RESOLUTION NO. 54_
A RESOLUTION OF THE CARLSBAD PUBLIC FINANCING
AUTHORITY OF THE CITY OF CARLSBAD AMENDING
THE LOCAL CONFLICT OF INTEREST CODE OF THE
CARLSBAD PUBLIC FINANCING AUTHORITY OF THE
CITY OF CARLSBAD
to changed circumstances, changed duties or new positions; and
WHEREAS, the Carlsbad Public Financing Authority is the code
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WHEREAS, the Secretary has prepared amendments to the Appendix
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15 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Public Financing Authority
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as follows:
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1. That the above recitations are true and correct.
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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 City employees providing services to
the Carlsbad Public Financing Authority.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad Public Financing Authority, Carlsbad City Council, Carlsbad Municipal Water
District Board of Directors, and the Carlsbad Housing and Redevelopment Commission,
held on the 28th day of September, 2010, by the following vote to wit:
AYES: Board Members Lewis, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Board Member Kulchin.
IS, Chairman of the Board
ATTEST:
(SEAL)
NE M. WOOD, Secretary
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
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