HomeMy WebLinkAboutRES 14-6923 (CONFLICT OF INTEREST CODE)1
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RESOLUTION NO. 14-6923
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, RESCINDING RESOLUTION NO. 08-6624;
APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR
DESIGNATED CITY POSITIONS (EMPLOYEES AND 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;
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;
WHEREAS, the California Fair Political Practices Commission has adopted (in Title 2,
Division 6 of the California Code of Regulations) Section 18730, which contains the terms of a
standard conflict of interest code and may be incorporated by reference;
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;
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;
WHEREAS, the City Council last amended the City's Conflict of Interest Code,
incorporating by reference the Fair Political Practices Commission's Standard Model (Section
18730) and establishing designated positions and disclosure categories, on October 14, 2008,
with the adoption of Resolution No. 08-6624; and
WHEREAS, it was determined during the required bi-annual review in 2010 and 2012
that no amendments were necessary, but certain changes to the City's organizational chart
during the past two years require amendment at this time to the City's current Conflict of
Interest Code.
Page 1 of 2
14-6923
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. That Resolution No. 08-6624 is hereby rescinded in its entirety.
SECTION 2. That the terms and provisions of 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,"
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 the Fair Political Practices Commission's
Standard Model Conflict of Interest Code, Section 18730, 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 cause the same to be entered into the book of original resolutions of the City, and
shall make minutes of the passage and adoption thereof in the records of the proceedings of the
City Council at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 14th day of October, 2014.
PRESIDENT of the City Council w1d MAYOR of the City of Hermosa tseacri
ATTEST:
I City Clerk
PROVED AS TO FORM:
F 1 f .I A, i
Page 2 of 2 14-6923
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, in Title 2, Division 6 of the California
Code of Regulations, 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 Section 18730 and any
amendments to it that are 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
retain the original statements and make them 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.
10/14/2014 Appendix A Reso 14-6923
EXHIBIT "A"
DESIGNATED POSITIONS
DISCLOSURE
CATEGORIES
Boards and Commissions
Board of Appeals
1, 2, 3, 4, 5, 6
Civil Service Board
1, 2, 3, 4, 5, 6
Emergency Preparedness Advisory Commission
1, 2, 3, 4, 5, 6
Parks, Recreation & Community Resources Commission
1, 2, 3, 4, 5, 6
Public Works Commission
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
Administrative Analyst/Economic Development 1, 2, 3, 4, 5
City Attorney
Assistant City Attorney 1, 2, 3
City Prosecutor
City Prosecutor 1, 2, 3
Assistant City Prosecutor 1, 2, 3
Community Development Department
Community Development Director 1, 2, 3, 4, 5, 6
Building and Safety Division
Senior Building Inspector 1, 2, 3, 4, 5, 6
Building Inspector 1, 2, 3, 4, 5, 6
Code Enforcement Officer 1, 2, 3, 4, 5, 6
Planning Division
Senior Planner 1, 2, 3, 4, 5, 6
Associate Planner 1, 2, 3, 4, 5, 6
Planning Assistant 1, 2, 3, 4, 5, 6
Community Resources Department
Community Resources Director 1, 2, 3, 4
Recreation Supervisor 1, 2, 3, 4
Recreation Coordinator 1, 2, 3, 4
10/14/2014 Page 1 of 2 14-6923 Exhibit A
Finance Department
Finance Director 1, 2, 3, 4, 5
Accounting Supervisor 1, 2, 3, 4, 5
Citation Records Administrator 1, 2, 3, 4
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
Assistant to the City Manager 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
Hearing Officer (part-time)
1, 2, 3, 4
Administrative Review Investigator
1, 2, 3, 4
Public Works Department
Public Works Director/City Engineer 1, 2, 3, 4, 5, 6
Associate Engineer 1, 2, 3, 4, 5, 6
Assistant Engineer 1, 2, 3, 4, 6
Public Works Inspector 1, 2, 3, 4, 6
Public Works Superintendent 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 positions are designated filers pursuant to Article 2, Section 87200 of the
Political Reform Act: City Councilmembers, City Treasurer, City Attorney, City Manager,
and Planning Commissioners.)
10/14/2014 Page 2 of 2 14-6923 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 is
utilized exclusively as the personal residence of the filer.
Categor 2
Persons in this category shall disclose all investments. Investment means a financial interest in
any business entity which is located in, doing business in, planning to do business in, or which
has done business during the previous two years in the City's jurisdiction in which the filer
and/or the filer's spouse/registered domestic partner/dependent children had a direct, indirect, or
beneficial interest totaling $2,000 or more at any time during the reporting period. Reportable
investments include but are not limited to sole proprietorships, partnerships, stocks, bonds,
warrants and options, including those held in margin or brokerage accounts and managed
investment funds. If the filer and/or the filer's spouse/registered domestic partner/dependent
children had a 10% or greater ownership interest in a business entity or trust (including a living
trust), investments held by the business entity or trust must be disclosed. Non -reportable
investments include but are not limited to bank accounts, savings accounts, money market
accounts, certificates of deposit, insurance policies, annuities, shares in a credit union,
government bonds, and retirement accounts invested in non -reportable interests.
Category 3
Persons in this category shall disclose all gross income (including loans) aggregating $500 or
more in value during the reporting period, received from any source located in, doing business in,
planning to do business in, or who has done business during the previous two years in the City's
jurisdiction. Commonly reportable income and loans include but are not limited to salary/wages,
community property interest, income from investment interests, gross income from any sale
(including house or car), and payments received on loans made to others. The job title with each
reportable business entity must be reported, even if no income was received during the reporting
period. The filer must also report the source of income to the filer's spouse or registered
domestic partner if the community property share is $500 or more during the reportable period.
Income received from a federal, state or local governmental agency need not be disclosed. Gifts
aggregating $50 or more in value received during the period from any source shall be disclosed,
regardless of where the donor is located. Gifts are currently limited to a value of $440 from any
one source in a calendar year.
10/14/2014 Page 1 of 2 14-6923 Exhibit B
Category 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.
Category 6
Persons in this category shall disclose all income from and investments in business entities in the
construction or building industry.
10/14/2014 Page 2 of 2 14-6923 Exhibit B
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 14-6923 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 October 14, 2014.
The vote was as follows:
AYES:
Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker
NOES:
None
ABSENT:
None
ABSTAIN:
None
Dated: October 15, 2014
Elaine Doerfling, City Cler