HomeMy WebLinkAboutRES-24-7451 (CONFLICT OF INTEREST CODE) Page 1 of 2 RES-24-7451
CITY OF HERMOSA BEACH
RESOLUTION NO. RES-24-7451
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, ADOPTING AN AMENDED CONFLICT OF
INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
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 requires all
public agencies to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the
“Code”) in compliance with the Act which was last amended November 29,
2022; 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 City’s Code; and
WHEREAS, the potential penalties for violation of the provisions 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 each affected designated employee and 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 August 13, 2024, at which all present
were given an opportunity to be heard on the proposed amended Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Hermosa Beach that:
SECTION 1. The City Council does hereby adopt the proposed amended
Conflict of Interest Code, a copy of which is attached hereto and shall be on file
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Page 2 of 2 RES-24-7451
with the City Clerk and available to the public for inspection and copying during
regular business hours; and
SECTION 2. The said amended Conflict of Interest Code shall become
effective immediately after the date of its adoption and approval.
PASSED, APPROVED, and ADOPTED on this 13th day of August, 2024
Mayor Dean Francois
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________
Myra Maravilla, Patrick Donegan,
City Clerk City Attorney
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State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
August 14, 2024
Certification of Council Action
RESOLUTION NO. RES-24-7451
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ADOPTING AN AMENDED CONFLICT OF INTEREST CODE
PURSUANT TO THE POLITICAL REFORM ACT OF 1974
I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that
the above and foregoing Resolution No. RES-24-7451 was duly approved and
adopted by the City Council of said City at its regular meeting thereof held on
the 13th day of August, 2024 and passed by the following vote:
AYES: MAYOR FRANCOIS, MAYOR PRO TEMPORE SAEMANN,
COUNCILMEMBERS DETOY, JACKSON AND MASSEY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
________________________________
Myra Maravilla,
City Clerk
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CONFLICT OF INTEREST CODE
OF THE
CITY OF HERMOSA BEACH
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CONFLICT OF INTEREST CODE
OF THE
CITY OF HERMOSA BEACH
(Amended August 13, 2024)
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").
The Mayor, Members of the City Council and Planning Commission, the
City Manager, the City Attorney and the City Treasurer, shall electronically file their
annual statements of economic interests directly with the Fair Political Practices
Commission. All other 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 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.)
All officials and designated positions required to submit a statement of economic
interests shall receive ethics training as required pursuant to Government Code section
53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with
information on training available to meet the requirements of Section 53235, and
maintain required records indicating the dates that filers satisfied the training
requirements and the entity that provided the training. These records shall be retained
for five years after the date of training and are public records subject to disclosure under
the California Public Records Act. (Gov. Code § 53235.2.)
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APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF HERMOSA BEACH
(Amended August 13, 2024)
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 investments1. These positions are listed here for informational purposes
only.
Administrative Services Director
Finance Manager
1 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.
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DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
TITLE OR FUNCTION ASSIGNED
Administrative Review Investigator 5
Assistant City Attorney (not filing under GC 87200) 1, 2
Assistant City Prosecutor 1, 2
Assistant Engineer 2, 3, 5, 6
Assistant Planner 5, 6
Associate Engineer 2, 3, 5, 6
Associate Planner 1, 2
Building and Code Enforcement Official 2, 3, 4, 6
Building Inspector 2, 3, 5, 6
City Clerk 5
City Engineer 2, 3, 4, 6
City Prosecutor 1, 2
Code Enforcement Officer 2, 3, 5, 6
Community Development Director 2, 3, 5, 6
Community Resources Director 2, 5, 6
Community Services Division Manager 5
Deputy City Clerk 5
Deputy City Manager 1, 2
Emergency Management Coordinator 4, 7
Environmental Programs Manager 3, 5, 7
GIS/IT Analyst 5
Human Resources Analyst 5
Human Resources Manager 5
Management Analyst 4, 7
Planning Manager 1, 2
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DESIGNATED POSITION’
TITLE OR FUNCTION ASSIGNED
Police Captain 5
Police Chief 5, 6
Police Lieutenant 5
Public Works Assistant Superintendent 2, 3, 4, 6
Public Works Director 2, 3, 4, 6
Public Works Inspector 2, 3, 4, 6
Public Works Superintendent 2, 3, 4, 6
Recreation Coordinator 5
Revenue Services Supervisor 4, 7
Risk Management Analyst 5
Senior Building Inspector 2, 3, 5, 6
Senior Engineer 2, 3, 4, 6
Senior Management Analyst 4, 7
Senior Recreation Supervisor 5
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS
Board of Appeals 1, 2
Civil Services Board 1, 2
Parks, Recreation & Community Resources Commission 1, 2
Public Works Commission 1, 2
Consultants and New Positions2
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.)
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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 the
designated is assigned.3 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, including any
leasehold, beneficial or ownership interest or option to acquire property.
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)
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