CITY COUNCIL: Resolution Approving Modifications to Conflict of Interest Code List

Meeting Date: February 7, 2012
Prepared by: Molly Laughlin

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving the modifications to the Conflict of Interest Code List.

Description: The California Political Reform Act requires every local government agency to periodically review its Conflict oflnterest Code to determine its accuracy. The attached "Exhibit A" lists the Designated Officials and Employees on the modified Conflict of Interest Code. "Exhibit B" is the version most recently approved by Council on October 5, 2004 and is provided as reference. The definition of the disclosure categories and consultants that were approved in 2004 remain the same, so have not been repeated in "Exhibit B."

Overall Cost:
City Funds: N/A
Grant Funds: N/ A

Staff Recommendation: Adopt the Resolution approving the modifications to the Conflict of Interest Code List.

Important Considerations: As required by the Fair Political Practices Commission, the current Code incorporates, by reference, Title 2 California Code of Regulations, Section 18730, which contains the terms of a standard Conflict of Interest Code. The Political Reform Act of 1974 directed that a Conflict oflnterest Code also identity all positions that take or authorize any official action on behalf of their agencies. This includes an official's participation by way of advising or making recommendations to a decision-maker, whether or not the decision-maker follows the official's advice.

Decision Record: Council last approved amendments to the City's Conflict of interest Code on October 5, 2004.

Reviewed by:

Jason Stilwell, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE MODIFICATIONS TO THE CONFLICT OF INTEREST CODE_______________________________________________________________

WHEREAS, amendments to the Political Reform Act, Government Code Section 81000, et seq., have in the past and foreseeably will in the future, require conforming amendments to be made in Conflict of Interest Codes adopted and promulgated pursuant to its provisions; and

WHEREAS, the Fair Political Practices Commission has adopted Title 2, California Code of Regulations §18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Section 11370 et. seq.; and

WHEREAS, certain changes and additions must be made periodically to the existing Code; and

WHEREAS, incorporation by reference of the terms of the aforementioned regulation and amendments to it in Conflict of Interest Codes will save the City time and money by minimizing the actions required to keep the Code in conformity with the Political Reform Act.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Rescind and supersede all previously adopted Resolutions and amendments
thereto approving or adopting Conflict of Interest Codes for the City Council and City agencies (Departments, Boards, Commissions, Committees, etc.).

2. Approve the adoption and incorporation by reference of the terms of 2 California Code of Regulations Section 18730, as it may be amended from time to time by the Fair Political Practices Commission, along with the attached Appendix "A" in which officials and employees are designated and disclosure form categories are set forth, which constitutes the Conflict of Interest Code for all departments and agencies of the City of Carmel-by-the-Sea.

3. Require that all designated officials and employees file statements of economic interests with the City Clerk, who will make the statements available for public inspection and reproduction.

4. Impose fines allowed by law for persons filing after deadlines set by this Code.

5. Adopt the attached Appendix "A", listing of designated officials and employees who are governed by the Conflict of Interest Code, including the list of disclosure categories.

6. Upon receipt of the statements of the Mayor and members of the City Council, the City Administrator, the City Treasurer, the City Attorney and the members of the Planning Commission, the City Clerk shall make and retain a copy and forward the original of these statements to the offices of the Fair Political Practices Commission. Statements for all other designated employees shall be retained by the City Clerk.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL- BY-THE-
SEA this 7th day of February 2012, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:


______________________
SUE McCLOUD, MAYOR

ATTEST:


____________________
Heidi Burch, City Clerk

EXHIBIT "A"
CITY OF CARMEL-BY-THE-SEA

DESIGNATED OFFICIALS AND EMPLOYEES

The following is a listing of those persons who are required to submit Statements of Economic Interests pursuant to the Political Reform Act of 1974, as amended, excluding those persons who are already required to file the Form 700 pursuant to Government Code Section 87200. These individuals included in this Government Code section are: the Mayor and all members of the City Council, all members of the Planning Commission, the City Administrator, City Attorney, City Treasurer and all candidates for any elective office. Designated officials and employees shall file statements of economic interests with the City Clerk.

1. Members of the Boards and Commissions are required to file Form 700 - (Disclosure Category 1)
2. Persons occupying any of the following designated positions are required to file Form 700:

Department Position Disclosure Category

Administration City Clerk, City Engineer, Deputy City Clerk, 1
Finance Specialist 1
Information Systems/Network Manager 2

Community Planning
and Building Planning Services Manager, Building Official, 1
Associate Planner 2, 3, 4

Facilities Facilities Maintenance Manager 2, 3


Forest, Parks and Beach City Forester 1

Library Director, Circulation Supervisor 1

Police Interim Chief 1

Public Works Superintendent 2, 3, 4

DISCLOSURE CATEGORIES:

1. All investments and business positions in business entities, sources of income, and interests in real property.

2. Investments and business positions in business entities, and sources of income from entities providing supplies, services, equipment, or machinery of the type used by the designated employee's unit.

3. Investments and business positions in business entities, and income from sources engaged in construction, building, or material supply.

4. Investments and business positions in, and income from sources engaged in, the construction of public works projects.

CONSULTANTS

Consultants are defined for reporting purposes as persons who prepare, produce or perform services of a general nature and/or on an ongoing basis and participate by direct advice to the decision-makers. Generally, consultants who prepare a product or perform services for single specific matters are not the type of consultant required to be covered by the Code, whereas consultants who provide more general assistance and advice to a government agency on an ongoing basis should be covered.

Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation:

The City Administrator may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written
determination shall include a description of the consultant's duties; and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

EXHIBIT "B"
DESIGNATED OFFICIALS AND EMPLOYEES (ADOPTED 2004)
The following is a listing of those persons who are required to submit Statements of Economic Interests pursuant to the Political Reform Act of 1974, as amended, excluding those persons who are already required to file the Form 700 pursuant to Government Code Section 87200. Designated officials and employees shall file statements of economic interests with the City Clerk.

1. Members of Boards, Commissions and Committees required to file Form 700 - (Disclosure Category 1):
Carmel Art Board
Community Cultural and Activities Commission
Community Traffic Safety Commission
Design Review Board
Forest and Beach Commission
Harrison Memorial Library Board of Trustees
Public Improvement Authority
Historic Preservation Committee

2. Persons occupying any of the following designated positions are required to file Form 700:
Department Position Disclosure Category

Administration City Clerk, City Engineer, Personnel/Risk Management, Finance Specialist, Financial Services Coordinator 1
Information Systems/Network Manager 2

Art, Recreation and Community Services Community Services Manager 1

Community Planning and Building Principal Planner, Building Official 1
Associate Planner, Assistant Planner 2, 3, 4
Building Services Supervisor 2, 3

Forest, Parks and Beach City Forester 1

Library Director, Circulation Supervisor 1

Police Chief 1

Public Works Street Supervisor 2, 3, 4