HomeMy WebLinkAbout2020-10-20; Public Financing Authority; Resolution 82RESOLUTION NO. 82
A RESOLUTION OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF
CARLSBAD, CARLSBAD, CALIFORNIA, AMENDING THE LOCAL CONFLICT OF
INTEREST CODE OF THE PUBLIC FINANCING AUTHORITY
WHEREAS, the Public Financing Authority 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 Public Financing Authority is the code reviewing body within the meaning of
the Act; and
WHEREAS, the Secretary has prepared amendments to the Appendix that are required to be
incorporated in said code,
NOW, THEREFORE, BE IT RESOLVED by the Public Financing Authority as follows:
1. That the above recitations are true and correct.
2. That the revised Conflict of Interest Code Appendix (Attachment A) for the
combined City Council, City Council as Successor Agency to the Carlsbad Redevelopment Agency,
Community Development Commission, Carlsbad Municipal Water District, and Public Financing
Authority reflecting the changed circumstances in positions and disclosure categories since the last
amendment is approved.
Oct. 20, 2020 Item #1 Page 33 of 60
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Public Financing
Authority, Community Development Commission, Carlsbad Municipal Water District, City Council of
the City of Carlsbad, and City Council as Successor Agency to the Redevelopment Agency on the
20th day of October, 2020 by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Chairperson
ATTEST:
fOr
BARBARA ENGLESON, Searetary
Oct. 20, 2020 Item #1 Page 34 of 60
Attachment A
REVISED APPENDIX
CITY OF CARLSBAD
CONFLICT OF INTEREST CODE DESIGNATED POSITIONS
General Provisions
When a designated employee or individual is required to disclose investments, business positions
and sources of income, he or she need only disclose investments in business entities and sources
of income which do business in the City, plan to do business in the City or have done business in
the City within the past two (2) years. In addition to other activities, a business entity is doing
business within the City if it owns real property within the City. When a designated employee or
individual is required to disclose real property he or she need only disclose that which is located
in whole or in part, within or not more than two (2) miles outside the boundaries of the City or
within two (2) miles of any land owned or used by the City.
Designated employees or individuals shall disclose their financial interest pursuant to the
appropriate disclosure category as indicated in Exhibit "A".
• All designated employees required to submit an initial Statement of Interest Form 700
shall file electronically including electronic signature with the City Clerk within thirty (30)
days after the effective date of this resolution. Initial filings shall cover the period of the
twelve (12) months prior to the date of the adoption of this Conflict of Interest Code.
• All individuals appointed, promoted, or transferred to a designated position shall file
statements within thirty (30) days of assuming office. These "assuming office" statements
cover the period of the twelve (12) months prior to the date of assuming office statement.
• When an individual is in an "interim or acting" capacity, they are subject to the same
disclosure requirements of the position in which they are filling. An assuming office would
be filed.
• Annual statements shall be filed with the City Clerk by April 1 of each year by all
designated employees, elected officials, committee/board/commission members or
individuals. Such statements shall cover the period of the preceding calendar year.
• Every designated employee who leaves office shall file, within thirty (30) days of leaving
office, a statement disclosing financial interests held or received at any time during the
period between the closing date of the last statement required to be filed and the date
of leaving office.
• Any individual serving in dual roles may file a combined statement by reporting according
to their broadest range of disclosure.
• Failure to file the required statement in a timely fashion may result in the imposition of
administrative, criminal, and civil sanctions as provided in Government Code Sections
81000-91014.
Resource: Title 2, California Code of Regulations, Section 18730 Provisions of Conflict of Interest Codes.
Oct. 20, 2020 Item #1 Page 35 of 60
Disclosure Categories
Category 1: Disclose all business entities and non-profit organizations in which
investments, business positions (e.g. director, officer, partner, trustee,
employee or hold any position of management) and sources of income
including gifts, loans and travel payments located in Carlsbad, including
property located within a two-mile radius of any property owned or used
by the City of Carlsbad.
Category 2: All interests in real property within the jurisdiction of the City.
Category 3:
Category 4:
Category 5:
Category 6:
Category 7:
All investments, business positions in business entities, non-profit
organizations and sources of income, including gifts, loans and travel
payments, interest in real property and sources of income subject to the
regulatory, permit or licensing authority of the specific City department.
All investments in business entities, non-profit organizations and
sources of income, including gifts, loans and travel payments, and sources
of income which engage in land development, construction or the
acquisition of real property, and interests in real property located in
Carlsbad, including property located within a two-mile radius of any
property owned or used by the City of Carlsbad.
All investments in business entities, non-profit organizations in
which investments, business positions (e.g. director, officer, partner,
trustee, employee or hold any position of management) and sources of
income including gifts, loans and travel payments, and of the type which
contracts with the City to provide services, supplies, materials, machinery
or equipment to any City department.
All investments in business entities and sources of income of the
• type which contracts with the City to provide to the designated employee's
department services, supplies, materials, machinery or equipment to any
City department.
All investments, positions in business entities, income including
gifts, loans and travel payments, and income from non-profit
organizations, if the sources is the type that receives grants or other
monies from or through the City.
Unlimited Disclosures:
87200 Category are required to file full disclosure of all categories pursuant to Article 2 of Chapter
7 of the Political Reform Act, Government Code sections 87200, et. seq.
Carlsbad Local Conflict of Interest Code
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Consultants
The staff person most knowledgeable of the work that a Consultant will be performing shall
designate whether or not the Consultant must file a Statement of Economic Interest by marking
the appropriate box on the Agreement or Contract cover sheet. When determined that a
Consultant is designated and is responsible for disclosure, they shall be required to file a
Statement of Economic Interest disclosing reportable interests subject to all disclosure
categories.
Consultants who make (not just recommend) governmental decisions, such as whether to
approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit,
license, application, certificate or similar authorization, adopt or grant City approval to a plan,
design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the
City or any subdivision thereof shall be required to disclose.
Consultants who act in a staff capacity with the City, and in that capacity perform the same or
substantially all the same duties for the City that would otherwise be performed by an individual
holding a designated position in the City's Conflict of Interest Code, shall disclose at the same
level as the comparable designated position identified.
Carlsbad Local Conflict of Interest Code
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LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
Those with the designation of 87200 Filer are required to file full disclosure of all categories
pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code sections 87200,
et. seq.
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Mayor and City Council Members (87200 Filer) Unlimited Disclosure
City Treasurer (87200 Filer) Unlimited Disclosure
City Manager (87200 Filer) Unlimited Disclosure
City Attorney (87200 Filer) Unlimited Disclosure
Planning Commission Members (87200 Filer) Unlimited Disclosure
Members of the Successor Agency of the Carlsbad Redevelopment
Agency — Includes Chairman/Members, Executive Director, Counsel,
Secretary (87200 Filer)
Unlimited Disclosure
Members of the Public Financing Authority — Includes
Chairman/Members, Executive Director, Counsel, Secretary,
Treasurer (87200 Filer)
Unlimited Disclosure
Members of the Community Development Commission — Includes
Chairman/Members, Executive Director, Counsel, Secretary (87200
Filer)
Unlimited Disclosure
Members of the Carlsbad Municipal Water District Board of
Directors — Includes Board Members, Counsel, Secretary (87200 Filer)
Unlimited Disclosure
ADMINISTRATIVE SERVICES
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Assistant Finance Director 1,2,5
Finance Director 1,2,5
Human Resources Director 1,2,5
Information Technology Director 1,2,5
Accountant 2,3,4,5
Accounting Supervisor 2,3,4,6
Assistant to the Treasurer 2, 3,7
Associate Contract Administrator 2,3,4,5,6
Business Intelligence and Analytics Manager 1,2,3,4
Business Intelligence Analyst 2,3,4
Business Systems Specialist 2,3,4,5,6
Buyer/Contract Administrator 2,3,4,5, 6
Chief Innovation Officer 1,2,3,4,5,6,7
Finance Manager 1,2,3,5,7
Finance/Payroll/IT Manager 1,2,5
Geographic Information Systems Manager 1,2,6,7
Human Resources Manager 1,2,3,5,6,7
Information Technology Manager 1,2,5,6,7
Information Technology Project Manager 1,2,5,6,7
Carlsbad Local Conflict of Interest Code
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Information Technology Security Manager 1,2,5,6,7
Senior Management Analyst 1,2,5,6,7
Management Analyst 1,2,6,7
Information Technology Operations Manager 1,2,5,6,7
Project Portfolio Manager 1,2,3,5,6,7
Program Manager 1,2,3,5,6
Risk Manager 1,2,3,5,6
Senior Accountant 1,2,4,5
Senior Applications Analyst 2,3,4,5,6
Senior Contract Administrator 2,3,6
Senior Database Administrator 1,2,5,6,7
Senior Network Engineer 2,3,4,5,6
Senior Program Manager 1,2,3,5,6
Senior System Administrator 2,3,4,5,6
COMMUNITY DEVELOPMENT
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Assistant Director of Community Development 1,2,3,4,6,7
Assistant Engineer 3,4
Associate Engineer 3,4
Assistant Planner 3,4
Associate Planner 3,4
Building & Code Enforcement Manager 1,2,3,4,5,6
Building Official 1,2,3,4
Building Inspector I/II 2,3,4
City Planner 1,2,3,4,6
Code Enforcement Officer I/II 2,3
Community Development Director 1,2,3,4,6,7
Community Relations Manager 2,4
Development Services Manager 1,2,3,4
Engineering Manager 1,2,3,4,5,6
Economic Development Manager 1,2,3,4,6,7
Housing Services Manager 1,2,3,4,6,7
Management Analyst 1,2,6,7
Principal Planner 1,2,3,4,7
Program Manager 1,2,3,5,6
Senior Building Inspector 2,3,4
Senior Code Enforcement Officer 1,2,3,4
Senior Engineer 1,2,3,4,5,6
Senior Management Analyst 1,2,5,6,7
Senior Planner 1,2,3,4,7
Senior Program Manager 1,2,3,5,6
Special Projects Manager 1,2,3,4,6,7
Zoning Enforcement Officer 1,2,3,4
Carlsbad Local Conflict of Interest Code
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LEGISLATIVE SERVICES
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Assistant City Attorney 1,2,3,4,5
Assistant City Manager 1,2,3,4
Assistant to the City Manager 1
City Clerk 1,2,6
City Clerk Services Manager 1,2,6
City Communications Manager 1,2,3,4
Communication and Engagement Director 1,2,3,4,6,7
Communications Coordinator 1,2,5
Community Relations Manager 2,3,4,6
Deputy City Attorney 1,2,3,4,5,6
Deputy City Manager (Community Services, Administrative Services, Public Works) 1,2,3,4
Executive Assistant 1,2,3,4,5
Graphic Production Supervisor 2,3,4
Intergovernmental Affairs Director 1,2,3,4,6,7
Program Manager 1,2,3,5,6
Real Estate Manager 1,2,6
Senior Assistant City Attorney 1,2,3,4,5
Senior Management Analyst 1,2,5,6,7
LIBRARY AND CULTURAL ARTS
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Library and Cultural Arts Director 1,2,6,7
Community Arts Coordinator 2,4
Community Relations Manager 2,3,4,6
Cultural Arts Manager 1,2,4,6,7
Deputy Library Director 1,2,6,7
Senior Management Analyst 1,2,6,7
Associate Management Analyst 1,2,6,7
Principal Librarian 1,6
PARKS AND RECREATION
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Parks and Recreation Director 1,2,3,4,6,7
Senior Management Analyst 1,2,6,7
Management Analyst 1,2,6,7
Park Planning Manager 1,2,3,4,6
Park Planner 1,2,3,4,6
Parks/Trees Supervisor 1,2,3
Parks Services Manager 1,2,3,4,6
Parks Superintendent 1,2,3,4,6
Carlsbad Local Conflict of Interest Code
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Program Manager 1,2,3,5,6
Recreation Area Manager 1,2,3
Recreation Services Manager 1,2,3,4,6
Senior Management Analyst 1,2,5,6,7
Special Projects Manager 2,3,4
PUBLIC WORKS
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Public Works Director 1,2,3,4,6,7
Transportation Director 1,2,3,4,5,6,7
Utilities Director 1,2,3,4,6,7
Associate Contract Administrator 2,3,6
Associate Engineer 3,4
City Traffic Engineer 1,2,3,4,5,6
Contract Administrator 2,3,6
Engineering Manager 1,2,3,4,5,6
Environmental Manager 1,2,3,6,7
Environmental Specialist I/II/Senior 1,5,6
Facilities Manager 1,2,3,4,5,6
Inspector I/II 2,3,4
Management Analyst 1,2,6,7
Meter Services Supervisor 2,3,4
Municipal Projects Manager 1,2,3,4
Public Works Manager 1,2,3,4,5,6
Public Works Superintendent 1,2,3,4,6
Public Works Supervisor 2,3,4,6
Senior Construction Inspector 2,3,4
Senior Contract Administrator 2,3,6
Senior Engineer 1,2,3,4,5,6
Senior Management Analyst 1,2,5,6,7
Senior Program Manager 1,2,3,6,7
Transportation Planning and Mobility Manager 1,2,3,4,5,6
Utilities Asset Manager 1,2,3,4,6
Utilities Maintenance Planner 1,2,3,4
Utilities Manager 1,2,3,4,5,6
Utilities Supervisor 2,3,4
Warehouse Technician 2,3,6
SAFETY SERVICES - FIRE
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Fire Chief 1,2,3,4,6,7
Assistant Director of Emergency Services 1,2,3,4,6,7
Carlsbad Local Conflict of Interest Code
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Assistant Fire Chief 1,2,3,4,6,7
Assistant Fire Marshal 2,3
Deputy Fire Marshal 2,3
Emergency Medical Services (EMS) Manager 1,2,3,4,5,6
Emergency Preparedness Manager 1,2,3,4,7
Fire Division Chief 1,2,3,5,6,7
Fire Battalion Chief 1,2,3,5,6,7
Fire Marshal 1,2,3,4,5,7
Fire Prevention Specialist I/II 2,3,4
SAFETY SERVICES - POLICE
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Police Chief 1,2,6,7
Police Captain 1,2,3,6
Police Communications Manager 2,3
Police Lieutenant 1,2,3,6
Public Safety Information Technology Manager 1,2,5,6,7
Program Manager 1,2,3,5,6
Senior Program Manager 1,2,3,5,6
BOARDS/COMMISSIONS/COMMITTEES (Members of Designated Appointed Positions)
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory
Committee
3,4
Arts Commission 3,4,6
Beach Preservation Commission 3,4,6
Board of Library Trustees 3,4,6
Carlsbad Golf Lodging Business Improvement District 3,4
Carlsbad Tourism Business Improvement District 3,4
Community Development Block Grant Committee 3,4,7
Historic Preservation Commission 3,4,6
Housing Commission 3,4
Housing Element Advisory Committee 3,4
Parks and Recreation Commission 1,2,3,4,6
Senior Commission 3,4,6
Traffic & Mobility Commission 3,4
Carlsbad Local Conflict of Interest Code
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