Rancho Palos Verdes City Council
   

SEPTEMBER 21, 2004 BIENNIAL UPDATE OF THE CITY’S CONFLICT OF INTEREST CODE SEPTEMBER 21, 2004 BIENNIAL UPDATE OF THE CITY’S CONFLICT OF INTEREST CODE

TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS

FROM: ADMIN. SERVICES DIRECTOR/CITY CLERK

DATE: SEPTEMBER 21, 2004

SUBJECT: BIENNIAL UPDATE OF THE CITY’S CONFLICT OF INTEREST CODE

RECOMMENDATION

(1) Receive and file the 2004 Local Agency Biennial Notice for the City of Rancho Palos Verdes, the Rancho Palos Verdes Redevelopment Agency, and the Rancho Palos Verdes Improvement Authority indicating that the Conflict of Interest Code for these agencies need to be amended; and (2) ADOPT RESOL. NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING RESOLUTION NO.2002-82.

INTRODUCTION

Adoption of this proposed resolution will update the City’s Conflict of Interest Code to reflect those changes in position titles that have occurred since the last update in October 2002 and will also incorporate legislative changes made to the Fair Political Practices Commission’s (FPPC) model code. (Note: A similar report and resolution will appear on the October 5th RDA and Improvement Authority agendas for adoption.)

BACKGROUND

The City has adopted by reference the FPPC’s model Conflict of Interest Code that contains certain designated positions and disclosure categories. Government Code Section 87306 requires that cities amend their code to reflect the creation of new positions or changes in any titles, as well as any changes made to the Political Reform Act. The City’s code was last amended in October 2002. Since that time two new job titles have been added to the City’s list of job titles: Engineering Technician and Project Manager (Public Works). These are two positions that have been added to the Public Works Department. Additional changes are the result of legislative amendments to the FPPC’s model code, to wit:

a) Investments that must be reported have gone from those valued at $1,000 to $2,000;

b) Sources of income that must be reported have gone from those that aggregate to $250 in a 12-month period to those that aggregate to $500 in a 12-month period;

c) Interests in real property that must be reported have gone from those valued at $1,000 to those valued at $2,000;

d) The gift limit has increased from $300 to $320;

e) The personal loan limit has been increased from $250 to $500; and,

f) Requirements on disclosure of a conflict of interest have been modified

CONCLUSION

Certain changes have occurred in job titles and in the FPPC’s model code which require that the City’s Conflict of Interest Code be updated.

Respectfully submitted,

Jo Purcell

Reviewed:

Les Evans, City Manager

RESOLUTION NO. 2004-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND REPEALING RESOLUTION NO. 2002-82

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:

Section 1. The Political Reform Act, Government Code Section 81000, et seq., requires the City of Rancho Palos Verdes ("City") to adopt a conflict of interest code for each department of the City.

Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the "Model Code"). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its conflict of interest code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act.

Section 3. Pursuant to Resolution No. 2002-82, the City adopted a Conflict of Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting an updated Conflict of Interest Code, designated positions and disclosure categories.

Section 4. The Model Code, attached hereto as Exhibit "A" and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices A-C are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City for the following departments:

A. Administrative Department;

B. Planning, Building and Code Enforcement;

C. Public Works Department.

Section 5. Persons holding designated positions listed in Appendices shall file Statements of Economic Interest pursuant to Section 5 of the Conflict of Interest Code with the information required for the disclosure category assigned to them.

Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.

Section 7. Resolution No. 2002-82 of the City is hereby repealed in its entirety.

Section 8. The City Clerk shall certify to the passage and adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 21TH day of September , 2004.

____________________

Mayor

 

ATTEST:

_______________________

City Clerk

 

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2004- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on September 21, 2004.

__________________________

City Clerk

ADMINISTRATIVE DEPARTMENT

Designated Position Disclosure Categories

Mayor and Council Member 1

City Manager 1

Assistant City Manager 2, 3, 4, 5

Assistant to the City Manager 2, 3, 4, 5

Senior Administrative Analyst 2, 3, 4, 5

Director of Finance/Information Technology 2, 3, 4, 5

City Treasurer 1

Director of Administrative Services 6, 7

Director of Recreation and Parks 2, 8, 9

City Attorney 1

Assistant City Attorney 2, 3, 4, 5

Consultant 10

ADMINISTRATIVE DEPARTMENT

DISCLOSURE CATEGORIES

1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200. No additional disclosure is required by this Conflict of Interest Code.

2. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

3. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

4. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

5. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).

6. Reportable income from persons and business entities, and reportable business positions in business entities, that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services to the City under the supervision, direction or control of the Administrative Department. (FPPC Form 700, Schedules C, D, E and F).

7. Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services to the City under the supervision, direction or control of the Administrative Department. (FPPC Form 700, Schedules A-1 and A-2).

8. Reportable income from persons and business entities, and reportable business positions in business entities, that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services to the City under the supervision, direction or control of the Director of Recreation and Parks. (FPPC Form 700, Schedules C, D, E and F).

9. Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, supplies or services to the City under the supervision, direction or control of the Director of Recreation and Parks. (FPPC Form 700, Schedules A-1 and A-2).

10. For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.

For consultants who do not serve in a staff capacity for the City, the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant 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 categories A, B, C and D. 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 Manager'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.

A. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B.)

B. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2.)

D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).

DEPARTMENT OF PLANNING, BUILDING AND CODE ENFORCEMENT

Designated Position Disclosure Categories

Planning Commissioner 1

View Restoration Commissioner 2, 3, 4, 5

Equestrian Committee Member 2, 3, 4, 5

Director of Planning, Building

and Code Enforcement 2, 3, 4, 5

Deputy Director of Planning 2, 3, 4, 5

Principal Planner 2, 6, 7

Senior Planner 2, 6, 7

Associate Planner 2, 6, 7

Assistant Planner 2, 6, 7

City Engineer 2, 8, 9

Building Official 2, 8, 9

Senior Building Inspector 2, 8, 9

Building Inspector 2, 8, 9

Code Enforcement Officer 2, 8, 9

Consultant 10

DEPARTMENT OF PLANNING, BUILDING AND CODE ENFORCEMENT

DISCLOSURE CATEGORIES

1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200. No additional disclosure is required by this Conflict of Interest Code.

2. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

3. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

4. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

5. Reportable gifts and travel gifts. (FPPC Form 700, Schedules E and F).

6. Reportable income from persons and business entities, and reportable business positions in business entities, having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, review or approval of the Department of Planning, Building and Code Enforcement. (FPPC Form 700, Schedules C, D, E and F).

7. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, approval or review of the Department of Planning, Building and Code Enforcement. (FPPC Form 700, Schedules A-1 and A-2).

8. Reportable income from persons and business entities, and reportable business positions in business entities, having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services to a third party that are subject to the review or approval of the City Engineer, Building Official or Building Inspector. (FPPC Form 700, Schedules C, D, E and F).

9. Reportable investments in any business entities having an interest in real property in the jurisdiction that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services to a third party that are subject to the review or approval of the City Engineer, Building Official or Building Inspector. (FPPC Form 700, Schedules A-1 and A-2).

10. For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.

For consultants who do not serve in a staff capacity with the City, the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant 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 categories A, B, C and D. 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 Manager'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.

A. Reportable interests in real property in the jurisdiction. (FPPC Form 700,

Schedule B).

B. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

D. Reportable gifts and travel gifts (FPPC Form 700, Schedules E and F).

PUBLIC WORKS DEPARTMENT

Designated Position Disclosure Categories

Director of Public Works 1, 2, 3, 4, 5

Deputy Director of Public Works 1, 2, 3, 4, 5

Senior Administrative Analyst 1, 4, 5

City Engineer 1, 4, 5

Senior Engineer 1, 4, 5

Associate Engineer 1, 4, 5

Maintenance Superintendent 1, 2, 3

City Geologist(s) (consultant(s)) 1, 4, 5

Contract Manager 1, 2, 3

Assistant Contract Manager 1, 2, 3

Project Manager 1, 2, 3

Engineer Technician 1, 4, 5

Consultant 6

PUBLIC WORKS DEPARTMENT

DISCLOSURE CATEGORIES

1. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

2. Reportable income from persons and business entities, and reportable business positions in business entities, having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction or control of the Public Works Department. (FPPC Form 700, Schedules C, D, E and F).

3. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction or control of the Public Works Department. (FPPC Form 700, Schedules A-1 and A-2).

4. Reportable income from persons and business entities, and reportable business positions in business entities, having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, review or approval of the Public Works Department. (FPPC Form 700, Schedules C, D, E and F).

5. Reportable investments from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, review or approval of the Public Works Department. (FPPC Form 700, Schedules A-1 and A-2).

6. For consultants who serve in a staff capacity with the Agency, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.

For consultants who do not serve in a staff capacity, the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant 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 categories A, B, C and D. 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 Manager'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.

A. Reportable interests in real property in the jurisdiction. (FPPC Form 700,

Schedule B).

B. Reportable income and business positions. (FPPC Form 700, Schedules C and D).

C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

D. Reportable gifts and travel gifts (FPPC Form 700, Schedules E and F).