HomeMy WebLinkAboutRES 18-7157 (CONFLICT OF INTEREST CODE)1
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RESOLUTION NO. 18-7157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE
OF THE CITY OF HERMOSA BEACH; AND DESIGNATING THE CITY
CLERK AS THE CITY' S FILING OFFICER
WHEREAS, the State of California enacted the Political Reform Act of 1974,
Government Code Section 81000 et seq. (the "Act"), which contains provisions relating to
conflicts of interest which potentially affect all officers, employees and consultants of the City
of Hermosa Beach (the "City"), and which requires all public agencies to adopt and promulgate
a conflict of interest code; and
WHEREAS, the City Council last amended the City's Conflict of Interest Code ("the
Code") by Resolution No. 14-6923, dated October 15, 2014; and
WHEREAS, subsequent changed circumstances within the City have made it advisable
and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Code;
and
WHEREAS, the potential penalties for violation of the Act are substantial and may
include criminal and civil liability, as well as equitable relief which could result in the City
being restrained or prevented from acting in cases where the provisions of the Act may have
been violated; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration
by the City Council of, the proposed amended Code was provided to each designated employee
and was publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Code at a regular
meeting of the City Council on December 11, 2018, at which all present were given an
opportunity to be heard on the proposed amended Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The City Council does hereby approve and adopt the amended Conflict
of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk and
available to the public for inspection and copying during regular business hours.
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18-7157
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SECTION 2. The City's amended Conflict of Interest Code shall become effective
immediately upon approval and adoption of this Resolution.
SECTION 3. The persons holding the designated positions shall file statements of
economic interests pursuant to the provisions set forth in the City's Conflict of Interest Code.
SECTION 4. 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. This Resolution rescinds all previous Conflict of Interest Codes of the
City of Hermosa Beach, and shall take effect and be in force immediately upon its adoption.
SECTION 6. 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 1 Ith day of December, 2018.
f
PRESIDENT of the City
MAYOR of the City of Hermosa Beach
ATTEST: APPROVED AS TO FORM:
i
l.n-1
City Clerk City Attorney
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18-7157
CONFLICT OF INTEREST CODE
OF THE
CITY OF HERMOSA BEACH
CONFLICT OF INTEREST CODE
OF THE
CITY OF HERMOSA BEACH
The Political Reform Act (Gov. Code § 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 Regs. § 18730)
that contains the terms of a standard conflict of interest code which can be incorporated
by reference in an agency's code. After public notice and hearing Section 18730 may
be amended by the Fair Political Practices Commission to conform to amendments in
the Political Reform Act. Therefore, the terms of 2 California Code of Regulations
section 18730 and any amendments to it duly adopted by the Fair Political Practices
Commission are hereby incorporated by reference. This incorporation page, Regulation
18730 and the attached Appendix designating positions and establishing disclosure
categories, shall constitute the conflict of interest code of the City of Hermosa Beach
(the "City").
All officials and designated positions required to submit a statement of
economic interests shall file their statements with the City Clerk as the City's Filing
Officer. The City Clerk shall make and retain a copy of all statements filed by the
Mayor, Members of the City Council and Planning Commission, the City Manager, the
City Attorney and the City Treasurer, and forward the originals of such statements to the
Fair Political Practices Commission. The City Clerk shall retain the original statements
filed by all other officials and designated positions and will make all retained statements
available for public inspection and reproduction during regular business hours. (Gov.
Code § 81008.)
1
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF HERMOSA BEACH
PART "A"
The Mayor, Members of the City Council and Planning Commission, the City Manager,
the City Attorney, the City Treasurer, and all Other City Officials who manage public
investments, as defined by 2 Cal. Code of Regs. §18700.3, are NOT subject to the City's
Code but must file disclosure statements under Government Code section 87200 et seq.
[Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who
manage public investments'. These positions are listed here for informational purposes
only.
Deputy City Treasurer
Finance Director
Accounting Manager
Individuals holding one of the above -listed positions may contact the Fair Political Practices
Commission for assistance or written advice regarding their filing obligations if they believe that their
position has been categorized incorrectly. The Fair Political Practices Commission makes the final
determination whether a position is covered by § 87200.
App. A-1
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
City Clerk
City Clerk 5
Deputy City Clerk 5
City Manager
Assistant to the City Manager 4,7
Emergency Management Coordinator 4,7
Environmental Analyst 3, 5, 7
Management Analyst 4,7
City Attorney
Assistant City Attorney (not filing under GC 87200) 1,2
Citv Prosecutor
City Prosecutor 1,2
Assistant City Prosecutor 1,2
Community Development Department
Community Development Director 2, 3, 5, 6
Building and Safety Division
Building Inspector 2, 3, 5, 6
Code Enforcement Officer 2, 3, 5, 6
Senior Building Inspector 2, 3, 5, 6
App. A-2
Planning Division
Associate Planner
1,2
Planning Assistant
5,6
Planning Manager
1,2
Community Resources Department
Community Resources Manager
2, 5, 6
Recreation Supervisor
5
Recreation Coordinator
5
Finance Department
Finance Cashier Supervisor
4,7
Hearing Officer (part-time)
1,2
Human Resources Department
Human Resources Manager
5
Personnel Analyst
5
Police Department
Police Chief
2, 5, 6
Police Captain
5
Police Lieutenant
5
Administrative Review Investigator
5
Public Works Department
Assistant Engineer
2, 3, 5, 6
Associate Engineer
2, 3, 5, 6
Deputy City Engineer
2, 3, 4, 6
Public Works Director/City Engineer
2, 3, 4, 6
App. A-3
Public Works Inspector 2, 3, 4, 6
Works Superintendent 2, 3, 4, 6
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS
Board of Appeals 1,2
Civil Services Board 1,2
Emergency Preparedness Advisory Commission 1,2
Parks, Recreation & Community Resources Commission 1,2
Public Works Commission
Consultants and New Positions2
1,2
Individuals serving as a consultant as defined in FPPC Reg. 18700.3 or in a new position created
since this Code was last approved that make or participate in making decisions must file under the
broadest disclosure set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is
more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a
statement of the extent of the disclosure requirements must be in a written document. (Gov. Code §.
82019; FPPC Regs. 18219 and 18734.). 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. (Gov.
Code §. 81008.)
PART "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that
the designated position must disclose for each disclosure category to which he or she
is assigned.' Such economic interests are reportable if they are either located in or
doing business in the jurisdiction, are planning to do business in the jurisdiction, or have
done business during the previous two years in the jurisdiction of the City.
Category 1: All investments and business positions in business entities, and
sources of income, including gifts, loans and travel payments, that are located in, do
business in or own real property within the jurisdiction of the City.
Category 2: All interests in real property which is located in whole or in part
within, or not more than two (2) miles outside, the boundaries of the City.
Category 3: All investments and business positions in business entities, and
sources of income, including gifts, loans and travel payments, that are engaged in
land development, construction or the acquisition or sale of real property within the
jurisdiction of the City.
Category 4: All investments and business positions in business entities, and
sources of income, including gifts, loans and travel payments, that provide services,
products, materials, machinery, vehicles or equipment of a type purchased or leased
by the City.
Category 5: All investments and business positions in business entities, and
sources of income, including gifts, loans and travel payments, that provide services,
products, materials, machinery, vehicles or equipment of a type purchased or leased
by the designated position's department, unit or division.
Category 6: All investments and business positions in business entities, and
sources of income, including gifts, loans and travel payments, subject to the
regulatory, permit, or licensing authority of the designated employee's department,
unit or division.
Category 7: All investments and business positions in business entities, and
sources of income, including gifts, loans and travel payments, or income from a
nonprofit organization, if the source is of the type to receive grants or other monies
from or through the City or its subdivisions.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency's
jurisdiction if the source does not have some connection with or bearing upon the functions or duties of
the position. (Reg. 18730.1)
App. A-3
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. 18-7157 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 December 11, 2018.
The vote was as follows:
AYES:
Campbell, Fangary, Massey, Mayor Armato
NOES:
None
ABSENT:
Duclos
ABSTAIN:
None
Dated: December 18, 2018
Elaine Doerfling, City Cler