HomeMy WebLinkAboutRES-92-5578 (CONFLICT OF INTEREST/DESIGNATED POSITIONS)1
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RESOLUTION NO. 92-5578
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, APPROVING THE AMENDED CONFLICT OF INTEREST CODE OF
THE CITY OF HERMOSA BEACH FOR DESIGNATED POSITIONS (EMPLOYEES AND
BOARD/COMMISSION MEMBERS, AND DESIGNATING THE 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, 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, and
which can be incorporated by reference; and
WHEREAS, on August 12, 1980, the City Council adopted
Resolution No. 80-4389, thereby amending the City's previous
Conflict of Interest Codes to incorporate by reference the Fair
Political Practices Commission's Standard Model Conflict of
Interest Code, and establishing designated positions and
disclosure categories; and
WHEREAS, Government Code Section 87306.5 now requires
that, by July 1 of each even -numbered year, the code reviewing
body shall direct a review of adopted conflict of interest codes,
subject to the provisions of Sections 87302(a) and 87303, and
amendments of same when necessitated by changed circumstances,
with said amendments or a written statement that no change in the
code is required to be submitted to the code reviewing body no
later than October 1 of the same year; and
WHEREAS, certain changes to the City's organizational
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structure and amendments to the Political Reform Act require
amendment to the City's Conflict of Interest Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That Resolution No. 80-4389 is hereby
rescinded.
SECTION 2. That the terms and provisions of 2 Cal.
Code of Regs. Section 18730, and 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 members and employees 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 Conflict of Interest Code.
SECTION 4. That in accordance with Section 4 of the
Conflict of Interest Code, 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; shall cause the same to
be entered among the original resolutions of the City; and shall
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make a minute of said passage and adoption thereof in the records
of the proceedings of the City Council of said City in the
minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 22nd day of September,
1992.
-ATTEST:
City Clerk
APPROV150 AS TO FORM /
1�
PRESIDENT of the City Council, and MAYOR
of the City of Hermosa Beach, California
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City
Council of the City of Hermosa Beach, California, do hereby
certify that the foregoing Resolution No. 92-5578 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 meeting place thereof on September
22, 1992.
The vote was as follows:
AYES: Benz, Edgerton, Wiemans, Mayor Essertier
NOES: Midstokke
ABSTAIN: None
ABSENT: None
DATED: September 23, 1992
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40
City Cldkk
d.d APPENDIX "A"
CONFLICT OF INTEREST CODE FOR THE
CITY OF HERMOSA BEACH
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.
Pursuant to Section 4 of the standard code, designated
employees shall file statements of economic interests with the
agency's filing officer. Upon receipt of the statements of
those positions designated in Government Code Section 87200, the
agency 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 agency.
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EXHIBIT "A"
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Boards and Commissions
Board
of Appeals
11
29
3,
4,
51 6
Board
of Parking Place Commissioners
1,
29
3,
4,
5, 6
Cable
Television Advisory Board
1,
22
3,
4,
59 6
Civil
Service Board
11
29
3,
4,
59 6
Parks,
Recreation and Community Resources
12
20
3,
41
5, 6
Advisory Commission
City Clerk
City Clerk 19 21 3, 4
Deputy City Clerk 1, 2, 39 4
City Treasurer
Deputy City Treasurer 19 2, 39 41 5
City Manager
Computer Systems Manager 11 2, 39 4, 5
City Attorney
Assistant City Attorney 10 2, 3
City Prosecutor
City Prosecutor 1, 29 3
Building & Safety Department
Building & Safety Director
11
22
31
49
5, 6
Senior Building Inspector
1,
29
32
49
59 6
Building Inspector
1,
2,
31
4,
51 6
Business License Inspector
19
2,
3,
4,
5
Community Resources Department
Community Resources Director 1, 29 31 4
Cable TV/Public Information Coordinator 11 22 3, 4
Finance Department
Finance Director 11 29 31 41 5
Citation Records Administrator 11 29 3, 4
Personnel Department
Personnel/Risk Management Director 19 29 31 40 5
Planning Department
Planning Director
19
2,
3,
49
5, 6
Associate Planner
19
21
3,
49
50 6
Advanced Planner I
19
29
32
49
51 6
Code Enforcement Officer/Assistant Planner
1,
29
39
41
51 6
Page 1 of 2
Exhibit "A"
114'x' Public Works Department
Public Works Director/City Engineer
19
21
3,
41
52 6
Deputy City Engineer
11
11
21
22
3,
31
41
40
6
6
Assistant Engineer
11
21
3,
41
6
Engineering Technician
11
29
30
4,
6
Public Works Superintendent
Public Safety Department
1,
2,
3,
4,
5, 6
Public Safety Director
1,
2,
3,
4,
6
Police Commander
Police Records Administrator/System Manager
1,
2,
3,
4
General Services Coordinator
11
2,
39
4
Fire Captains - Acting as Inspectors
1,
21
39
49
51 6
Fire Engineers - Acting as Inspectors
11
21
39
49
5, 6
Firefighters - Acting as Inspectors
1,
21
39
41
5, 6
Miscellaneous
Consultant*
1, 2, 3, 41 5, 6*
*Consultants shall be included in the list of designated
Nftmp, 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 the
jurisdiction, or within two miles of any land owned or used by
the local government agency.
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
\*4001 within the jurisdiction. Gifts aggregating $50 or more received
during the period from any source shall be disclosed. Income
Page 1 of 2 Exhibit "B"
�.d 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.
\400/
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.
Page 2 of 2 Exhibit "B"