HomeMy WebLinkAboutRES-94-5707 (CONFLICT OF INTEREST-RESCIND)1
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RESOLUTION NO, 94-5707
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, RESCINDING RESOLUTION NO. 92-5578, APPROVING AN AMENDED
CONFLICT OF INTEREST CODE 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, amendments to the Political Reform Act,
Government Code Sections 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 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 this body time and money by
minimizing the 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
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WHEREAS, on September 22, 1992, the City Council adopted
Resolution No. 92-5578, 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
structure and amendments to the City's Conflict of Interest Code
during the past two years again 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. 92-5578 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rescinded in its entirety.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 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
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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 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
ATTEST:
City Clerk
APPROVED AS TO FORM:
mo -,'L I Vr"�
City Attorney
of the Ci
3
th day of October, 1994.
e City Council, and MAYOR
Hermosa Beach, California
APPENDIX '"All
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 UB,," 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 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 $$All
DESIGNATED POSITIONS
Boards and Commissions
DISCLOSURE CATEGORIES
Board of Appeals
1,
2,
3,
4,
5,
6
Downtown Business Area Enhancement District
1,
2,
3,
4,
5,
6
Cable Television Advisory Board
1,
2,
3,
41,
5,
6
Civic Service Board
1,
2,
3,
41,
5,
6
Parks, Recreation and Community Resources
10,
21,
31,
41,
5,
6
City Clerk
City Clerk
1,
2,
3,
4
Deputy City Clerk
1,
2,
3,
4
City Treasurer
Deputy City Treasurer
1,
21,
3,
41,
5
City Manager
Contract Data Processing Technician
11,
2,
31,
41,
5
City Attorney
Assistant City Attorney
1,
2,
3
City Prosecutor
City Prosecutor
1,
2,
3
Community Development Department
Community Development Director
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2,
3,
4,
5,
6
Building and Safety Division
Senior Building Inspector
1,
2,
3,
4,
5,
6
Building Inspector
1,
2,
31
4,
5,
6
Building License Inspector
1,
21,
3,
41,
5
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
Finance Department
Finance Director
11,
21,
3,
4,
5
Citation Records Administrator
10,
21,
3,
4
Fire Department
Fire Chief
1,
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3,
4,
5,
6
Fire Captains - Acting as Inspectors
1,
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3,
4,
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6
Fire Engineers - Acting as Inspectors
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41
51
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,Firefighters.- Acting as Inspectors
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�,, Page 1 of 2
Exhibit
"A"
rn
Personnel Department
Personnel/Risk Management Director
Police Department
Police Chief
Police Captain
Records Administrator/System Manager
Community Services Division Sergeant
Hearing Officer
Administrative Review Investigator
Public Works Department
Public Works Director/City Engineer
Assistant Engineer
Engineering Technician
Public Works Superintendent
Contract CIP Engineer
Miscellaneous
Consultant*
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40,
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*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"
\.d
EXHIBIT 81B11
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
Page 1 of 2 Exhibit "B"
\"OF, 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.
Categ-oXy 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.
`MW
N..✓
Page 2 of 2 Exhibit "8"
\q�
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. 94-5707 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 27, 1994.
The vote was as follows:
AYES:
Bowler, Edgerton, Oakes, Reviczky, Mayor Benz
NOES:
None
ABSTAIN:
None
ABSENT:
None
DATED: September 29, 1994
_ , Deputy City Clerk