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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: November 14, 2006

Subject/Title: Adopt a Resolution adopting a Conflict of Interest Code applicable to certain designated officials and employees, pursuant to section 37300 of the Government Code and repealing Resolution 2006-036

Prepared by: Margaret Wimberly, City Clerk

Submitted by: Karen Chew, Assistant City Manager

RECOMMENDATION
That the City Council adopt a Resolution adopting a Conflict of Interest Code applicable to certain designated officials and employees, pursuant to section 37300 of the Government Code and repealing Resolution 2006-036.

PREVIOUS ACTION
On September 8, 1998, the City Council modified the list of designated employees required to file Conflict of Interest forms, repealed Resolution 95-204 and adopted the Fair Political Practices Commission (FPPC) Conflict of Interest Code.

On November 28, 2000, the City Council adopted Resolution 2199, adopting a new Conflict of Interest Code and repealed Resolution 98-161.

On February 28, 2006, the City Council adopted Resolution 2006-036 adopting a conflict of interest code applicable to certain designated officials and employees pursuant to section 37300 of the Government Code and repealing Resolution 2199.

BACKGROUND
The Political Reform Act requires every local government agency to review its Conflict of Interest code biennially to determine its accuracy or, alternatively, that the code must be amended. The Fair Political Practices Commission (FPPC) requires every local government agency to update its Conflict of Interest code as positions are added or modified.

Last February the Conflict of Interest Code was updated to reflect new positions that were added and titles that were changed as a result of the Classification and Compensation study that was approved in 2005. Now with the merger of Engineering and Public Works and a reevaluation of designated positions the Conflict of Interest Code needs to be updated to reflect those additional changes. The updated list of positions is attached as appendix A to the resolution. Positions that make or participate in making governmental decisions that could affect their private financial interests need to be designated in the City’s Code.

The positions of Mayor, City Councilmembers, City Manager, City Attorney, Planning Commissioners, and the City Treasurer/Director of Finance and Information Systems, are designated in Government Code section 87200 and as such are not included in the City’s list of designated positions. The Fair Political Practices Commission retains the original forms for these positions.

FISCAL IMPACT
None

Attachment:
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO CERTAIN DESIGNATED OFFICIALS AND EMPLOYEES, PURSUANT TO SECTION 37300 OF THE GOVERNMENT CODE AND REPEALING RESOLUTION 2006-036

WHEREAS, the City Council is the code reviewing board for processing the City’s Conflict of Interest Code “the Code”. Government Code Section 87306 and 87307 provides that the City Council may amend the Code when there are changed circumstances, including the recognition of new positions within the City; and

WHEREAS, the title of certain positions and employees must be designated as such in a Conflict of Interest disclosure list; and

WHEREAS, the Political Reform Act of 1974 (“the Act”) requires every local government agency to review its Conflict of Interest code biennially to determine if it is accurate or, alternatively, that the code must be amended; and

WHEREAS, the Fair Political Practices Commission amended Regulation 18730, adopted by the Commission on July 2, 1998, for agencies that have incorporated Regulation 18730 as the body of their Conflict of Interest Codes; and

WHEREAS, pursuant to the provision of Government Code Section 87300, et seq., the City Council desires to adopt the Code. Nothing contained herein is intended to modify or abridge the provisions of the Act. The provisions of the Code are additional to the Act and other laws pertaining to conflict of interest. Except as otherwise indicated, the definitions of the Act and regulations adopted pursuant thereto are incorporated herein and the Code shall be interpreted in a manner consistent therewith.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby declare and determine as follows:
1. City Council Resolution 2006-036 is repealed in its entirety.
2. The positions listed in Appendix A are designated positions. Officers and employees holding those positions and designated employees are deemed to make, or participate in the making of, foreseeable decisions, which may have material effect on a financial interest.
3. Designated positions shall be assigned to one or more of the disclosure categories set forth in Appendix B. Each designated employee shall file an annual statement disclosing that employee’s interest in investments, real property and income designated as reportable under the category, as described in Appendix B, to which the employee’s position is assigned in Appendix A.
4. Designated employees shall file their statements, on forms supplied by the City Clerk, with the City Clerk. Upon Receipt of Statements of the Mayor, City Councilmembers, City Manager, City Attorney, Planning Commissioners, and the City Treasurer/Director of Finance and Information Systems, the City Clerk shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. The City Clerk will retain statements for all other designated members and employees. Statements will be available for inspection and reproduction pursuant to Government Code Section 81008
5. Designated employees must disqualify themselves from making or participating in the making of any decisions which will have a material financial effect, distinguishable from its effect on the public, generally on any reportable interest of that employee (except sources of gifts less than gift limit in accordance with Section 87103(c) of the Government Code), or any other financial interest as defined in Government Code Section 87103. No designated employee shall be prevented from making or participating in the making of any decision to the extent that his or her participation is legally required for the decision to be made.
6. Nothing contained herein is intended to modify or abridge the provisions of the Act. The provisions of the Code are additional to the Act and other laws pertaining to conflict of interest.
7. Except as otherwise indicated, the definitions of the Act and regulations adopted pursuant thereto are incorporated herein and the Code shall be interpreted in a manner consistent therewith.

DEPARTMENT POSITION DISCLOSURE CATEGORY
Administration

Assistant City Manager 1
City Clerk 2
Human Resources Manager 2

City Attorney

Assistant City Attorney 1, 2, 3

Community Development

Assistant Planner 2, 3
Associate Planner 2, 3
Building Inspector I/II 3
Community Development Technician 3
Director of Community Development 1
Economic Development Manager 1
Housing Manager 1
Planning Manager 1
Principal Planner 1
Redevelopment Manager 1
Senior Building Inspector 3
Senior Community Development Technician 3
Senior Planner 2, 3

Finance

Accountant I/II 2
Accounting Manager 2
Chief Finance Officer 1
Chief Information Systems Officer 2
Grants Program Manager 2
Information Systems Specialist 2
Accounting Specialist 2
Purchasing Manager 2

Parks & Recreation

Accountant I/II 2
Arts Manager 1
Construction Inspector I/II 3
Director of Parks and Recreation 1
Facilities Manager 1
Landscape Manager 1
Landscape/Facilities Supervisor 2,3
Park Planner 2,3
Recreation Manager 1
Recreation Supervisor 2,3

Police

Accounting Technician 2
Community Service Officer I/II 2
Executive Assistant to the Police Chief 2
Police Chief 1
Police Lieutenant 1
Police Sergeant 2

Public Works (Engineering & Operations Division)

Assistant Director of Public Works/ Assistant City Engineer 2,3
Assistant Engineer 2,3
Associate Engineer 2,3
Construction Inspector I/II 3
Deputy Director of Public Works 1
Director of Public Works /City Engineer 1
Engineering Manager 2,3
Engineering Services Specialist 2,3
Fleet Manager 2
GIS Coordinator 3
Project Services Specialist 2,3
Purchasing Assistant 2
Right of Way Specialist 2,3
Right-of-Way Agent 1
Senior Associate Engineer 2,3
Senior Construction Inspector 2,3
Senior Engineer 2,3
Solid Waste Manager 2,3
Solid Waste Supervisor 2
Streets Manager 2
Streets Supervisor 2
Wastewater Maintenance Supervisor 2
Wastewater Operations Manager 2
Wastewater Treatment Plant Supervisor 2
Water Distribution Supervisor 2
Water Operations Manager 2
Water Production Supervisor 2

Non-Departmental

Arts Commissioners 1
Consultants 1
Park & Recreation Commissioners 1

The Mayor, Members of the City Council and Planning Commission, the City Manager, City Attorney, Director of Finance and Information Systems and all other City officials who manage public investments as defined by 2 Cal Code of Regs. § 18701 (b) are not subject to the City’s Code, but are subject to the disclosure requirements of the Act.

CONFLICT OF INTEREST CODE

CITY OF BRENTWOOD

APPENDIX B

DISCLOSURE CATEGORIES

An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the foreseeabley income or source of income may be affected materially by a decision made or participated in by the designated employee by virtue of the employee’s position.

Designated Employees in Group “1” must report:

(a) Interest in real property which is located in whole or part either within the boundaries of the City, or within two miles of the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire such interest in real property, if the fair market value of the interest is greater than $1,000.00 (Interests in real property of an individual include the share of interest in real property of a business entity or trust in which the designated employee or his or her spouse owns, directly, indirectly, or beneficially, a ten percent interest or greater).

(b) Investments in or income from persons or business entities engaged in the business or acquisition of disposal of real property within the City.

Designated Employees in Group “2” must report:

(a) Investments in any business entity, which, within the last two years, has contracted, or in the foreseeable future may contract, with the City of Brentwood to provide services, supplies, materials, machinery or equipment to the City of Brentwood.

(b) Income from any source, which, within the last two years, has contracted, or in the foreseeable future may contract with the City of Brentwood to provide services, supplies, materials, machinery or equipment to the City of Brentwood.

(c) Status as a director, officer, sole owner, partner, trustee, employee, or holder of a position of management in any business entity which, within the last two years has contracted with the City of Brentwood to provide services, supplies, materials, machinery or equipment to the City of Brentwood.

Investments and income otherwise reportable under paragraphs (a) and (b) of category “2” above, shall not be reported unless the total amount of all contracts by the business entity to provide services, supplies, materials, machinery or equipment to the City of Brentwood was more than $1,000.00 in the prior calendar year, or unless the total amount of all foreseeable contracts by the business entity to provide services, supplies, materials, machinery or equipment to the City of Brentwood will be more than $1,000.00 in the next calendar year.

Designated Employees in Group “3” must report:

(a) Investments in any business entity, which in the last calendar year has been regulated by the City of Brentwood or foreseeably, may be regulated by the City of Brentwood in the next calendar year.

(b) Each source of income, provided that the income was furnished by or on behalf of any business entity which with the last calendar year has been regulated by the City of Brentwood in the next calendar year.

(c) Status as a director, officer, sole owner, partner, trustee, employee or any position of management in any business entity which within the last calendar year has been regulated by the City of Brentwood or foreseeably may be regulated by the City of Brentwood in the next calendar year.

Disclosure by Consultants

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 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.
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov