HomeMy WebLinkAboutRES-96-5831 (CONFLICT OF INTEREST LISTING/FPPC)1
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RESOLUTION NO. 96-5831
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, RESCINDING RESOLUTION NO.
94-5707, APPROVING AN AMENDED CONFLICT OF INTEREST CODE
FOR DESIGNATED POSITIONS (EMPLOYEES, BOARD/COMMISSION
MEMBERS), AND DESIGNATING THE CITY'S FILING OFFICER
WHEREAS, the Political Reform Act, Government Code Section 81000 et seq., requires
state and local government agencies to adopt and promulgate conflict of interest codes; and
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 California Fair Political Practices Commission has adopted a regulation,
2 California Code of Regulations, Section 18730, which contains the terms of a standard conflict
of interest code, and which can be incorporated by reference; and
WHEREAS, incorporation by reference of the terms of the aforementioned regulation
and amendments to it in the City's Conflict of Interest Code will save the City time and money by
minimizing actions required to keep the Code in conformity with the Political Reform Act; and
WHEREAS, Government Code Section 87306.5 requires every local government agency
to review its conflict of interest code biennially, in even -numbered years, subject to the provisions
of Sections 87302(a) and 87303, and to make amendments when necessitated by changed
circumstances; and
WHEREAS, on October 11, 1994, the City Council adopted Resolution No. 94-5707,
thereby amending the City's previous Conflict of Interest Code, incorporating by reference the
Fair Political Practices Commission's Standard Model Conflict of Interest Code and establishing
designated positions and disclosure categories; and
WHEREAS, certain changes to the City's organizational during the past two years
require amendment to the City's current Conflict of Interest Code.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. That Resolution No. 94-5707 is hereby rescinded in its entirety.
SECTION 2. That the terms and provisions of 2 California Code of Regulations Section
18730, as may be amended from time to time and duly adopted by the Fair Political Practices
Commission, are hereby incorporated by reference and, along with the attached Appendix "A,"
and Exhibit "A" (in which positions are designated) and Exhibit `B" (in which disclosure
categories are set forth), shall constitute the Conflict of Interest Code of the City of Hermosa
Beach.
SECTION 3. That the persons holding designated positions shall file statements of
economic interests pursuant to the provisions set forth in the City's Conflict of Interest Code.
SECTION 4. That in accordance with Section 4 of the Fair Political Practices
I Commission's Standard Model Conflict of Interest Code, Section 18730, 2 California Code of
Regulations, the City Clerk of the City of Hermosa Beach is hereby designated as the filing
officer to receive all statements of economic interests filed by all persons holding designated
positions.
SECTION 5. That this resolution shall take effect and be in force immediately upon its
adoption.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this
resolution and shall cause the same to be entered into the book of original resolutions of the City.
PASSED, APPROVED AND ADOPTED ON THE LOTH DAY OF SEPTEMBER, 1996.
PRESPENT of the (;y�Council and MAYOR of the City of Hermosa Beach
ATTEST: AP DEED AS FORM:
i t
City Clerk rt orney
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APPENDIX "A"
CONFLICT OF INTEREST CODE FOR THE
CITY OF HERMOSA BEACH, CALIFORNIA
The Political Reform Act, Government Code Section 81000, et seq., requires state
and local government agencies to adopt and promulgate conflict of interest codes. The
Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs.,
Section 18730, which contains the terms of a standard conflict of interest code. It can be
incorporated by reference and may be amended by the Fair Political Practices Commission
after public notice and hearings to conform to amendments in the Political Reform Act.
Therefore, the terms of 2 Cal. Code of Regs., Section 18730 and any amendments to it
duly adopted by the Fair Political Practices Commission are hereby incorporated by
reference and, along with the attached appendices, Exhibit "A" and Exhibit `B," in which
positions are designated and disclosure categories are set forth, constitute the Conflict of
Interest Code of the City of Hermosa Beach.
Designated employees, commission/board members and others shall file statements
of economic interests with the City Clerk, the City's filing officer, who will make the
statements available for public inspection and reproduction (pursuant to Government
Code Section 81008). Upon receipt of the statements of those positions designated in
Government Code Section 87200, the City Clerk shall make and retain a copy and forward
the original of these statements to the Fair Political Practices Commission. Statements for
all other designated positions will be retained by the City.
APPENDIX "A"
CONFLICT OF INTEREST CODE FOR THE
CITY OF HERMOSA BEACH, CALIFORNIA
The Political Reform Act, Government Code Section 81000, et seq., requires state
and local government agencies to adopt and promulgate conflict of interest codes. The
Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs.,
Section 18730, which contains the terms of a standard conflict of interest code. It can be
incorporated by reference and may be amended by the Fair Political Practices Commission
after public notice and hearings to conform to amendments in the Political Reform Act.
Therefore, the terms of 2 Cal. Code of Regs., Section 18730 and any amendments to it
duly adopted by the Fair Political Practices Commission are hereby incorporated by
reference and, along with the attached appendices, Exhibit "A" and Exhibit `B," in which
positions are designated and disclosure categories are set forth, constitute the Conflict of
Interest Code of the City of Hermosa Beach.
Designated employees, commission/board members and others shall file statements
of economic interests with the City Clerk, the City's filing officer, who will make the
statements available for public inspection and reproduction (pursuant to Government
Code Section 81008). Upon receipt of the statements of those positions designated in
Government Code Section 87200, the City Clerk shall make and retain a copy and forward
the original of these statements to the Fair Political Practices Commission. Statements for
all other designated positions will be retained by the City.
EXHIBIT "A"
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Boards and Commissions
Board of Appeals 1, 2, 3, 4, 5, 6
Downtown Business Area Enhancement District 1, 2, 3, 4, 5, 6
Civil Service Board 1, 2, 3, 4, 5, 6
Parks, Recreation and Community Resources 1, 2, 3, 4, 5, 6
City Clerk
City Clerk 1, 2, 3, 4
Deputy City Clerk 1, 2, 3, 4
City Treasurer
Deputy City Treasurer 1, 2, 3, 4, 5
City Manager
Data Processing Technician (contract) 1, 2, 3, 4, 5
City Attorney
Assistant City Attorney 1, 2, 3
City Prosecutor
City Prosecutor 1, 2, 3
Communitv Development Denartment
Community Development Director 1, 2, 3, 4, 5, 6
Building and Safety Division
Senior Building Inspector 1, 2, 3, 4, 5, 6
Building Inspector (contract) 1, 2, 3, 4, 5, 6
Planning Division
City Planner 1, 2, 3, 4, 5, 6
Associate Planner 1, 2, 3, 4, 5, 6
Community Resources Department
Community Resources Director 1, 2, 3, 4
Recreation Supervisor 1, 2, 3, 4
Finance Department
Finance Director 1, 2, 3, 4, 5
Finance Supervisor 1312, 3, 4, 5
Citation Records Administrator 1, 2, 3, 4
Page 1 of 2 Exhibit "A"
Fire Department
Fire Chief
1, 2, 3, 4, 5, 6
Fire Captain (acting as inspector)
1, 2, 3, 4, 5, 6
Fire Engineer (acting as inspector)
1, 2, 3, 4, 5, 6
Firefighter/Paramedic (acting as inspector)
1, 2, 3, 4, 5, 6
Firefighter (acting as inspector)
1, 2, 3, 4, 5, 6
Personnel Department
Personnel/Risk Management Director 1, 2, 3, 4, 5
Police Department
Police Chief 1, 2, 3, 4, 5, 6
Police Captain 1, 2, 3, 4, 6
Police Lieutenant 1, 2, 3, 4, 6
Records Administrator/System Manager 1, 2, 3, 4
Hearing Officer (contract) 1, 2, 3, 4
Administrative Review Investigator (contract) 1, 2, 3, 4
Public Works Department
Public Works Director/City Engineer
1, 2, 3, 4, 5, 6
Assistant Engineer
1, 2, 3, 4, 6
Engineering Technician
1, 2, 3, 4, 6
Public Works Superintendent
1, 2, 3, 4, 6
CIP Engineer (contract)
1, 2, 3, 4, 6
Miscellaneous
Consultant* 1, 2, 3, 4, 5, 6
*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 Manager 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 described 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 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.
(The following City positions are designated in Article 2, Section 87200 of the Political Reform
Act: City Council members, City Treasurer, City Attorney, City Manager, and Planning
Commission members.)
Page 2 of 2 Exhibit "A"
EXHIBIT "B"
DISCLOSURE CATEGORIES
Category 1
Persons in this category shall disclose all interests in real property within the jurisdiction. Real
property shall be deemed to be within the jurisdiction if it is located within or not more than two
miles outside the boundaries of Hermosa Beach or within two miles of any land owned or used by
the City of Hermosa Beach.
For purposes of disclosure only (not disqualification), an interest in real property does not include
the principal residence of the filer or any other property which the filer utilizes exclusively as the
personal residence of the filer.
Category 2
Persons in this category shall disclose all investments. Investment means:
Any financial interest in or security issued by a business entity, including but not limited to
common stock, preferred stock, rights, warrants, options, debt instruments and any
partnership or other ownership interest, if the business entity or any parent, subsidiary or
otherwise related business entity has an interest in real property in the jurisdiction, or does
business or plans to do business in the jurisdiction, or has done business within the
jurisdiction at any time during the two years prior to the time any statement or other
action is required under this Code. No asset shall be deemed an investment unless its fair
market value exceeds one thousand dollars ($1,000). The term "investment" does not
include a time or demand deposit in a financial institution, shares in a credit union, any
insurance policy, or any bond or other debt instrument issued by any government or
government agency. Investments of an individual includes a pro rata share of investments
of any business entity or trust in which the individual or spouse owns, directly, indirectly
or beneficially, a ten percent (10%) interest or greater.
Category 3
Persons in this category shall disclose all income, including loans, aggregating $250 or more in
value during the reporting period, received from any source located or doing business within the
jurisdiction or expecting to do business within the jurisdiction. Gifts aggregating $50 or more
received during the period from any source shall be disclosed. Income received from a public
agency need not be disclosed. Income of persons in this category also includes a pro rata share of
any income of any business entity located or doing business within the jurisdiction in which the
person or spouse owns, directly, indirectly or beneficially, a ten percent (10%) interest or greater.
Page 1 of 2 Exhibit `B"
Cateeory 4
Persons in this category shall disclose all income from and investments in any business that
manufactures or sells services and/or supplies of the type utilized by the department in which the
person is employed, or recommended by the commission or board on which the person serves.
Category 5
Persons in this category shall disclose all investments in and income from all banks, savings and
loan associations, insurance companies, investment companies, stockbrokers, title companies,
financial consultants, data processing firms or consultants.
Cateizory 6
Persons in this category shall disclose all income from and investments in business entities in the
construction or building industry.
Page 2 of 2 Exhibit `B"
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Naoma Valdes, Deputy City Clerk of the City Council of the
City of Hermosa Beach, California, do hereby certify that the foregoing
Resolution No. 96-5 83 1 was duly and regularly passed, approved and adopted
by the City Council of the City of Hermosa Beach at a Regular Meeting of
said Council at the regular place thereof on September 10, 1996.
The vote was as follows:
AYES: Benz, Bowler, Edgerton, Mayor Pro Tempore Reviczky
NOES: None
ABSTAIN: None
ABSENT: Mayor Oakes
DATED: September 16, 1996
Deputy City Clerk
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