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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: November 18, 2008

Subject/Title: A Resolution adopting a Conflict of Interest Code applicable to certain designated officials and employees, pursuant to section 87300 of the Government Code and repealing Resolution 2006-280

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 87300 of the Government Code and repealing Resolution 2006-280.

PREVIOUS ACTION
On September 26, 1995, the City Council adopted Resolution 95-204 modifying the list of designated employees required to file Conflict of Interest forms, repealed Resolution 94-156 and adopted the Fair Political Practices Commission (FPPC) Conflict of Interest Code, as amended.

On September 8, 1998, the City Council adopted Resolution 98-161 modifying the list of designated employees required to file Conflict of Interest forms, repealed Resolution 95-204 and adopted the Fair Political Practices Commission (FPPC) Conflict of Interest Code, as amended.

On November 28, 2000, the City Council adopted Resolution 2199, adopting a new Conflict of Interest Code and repealed Resolution 98-161.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 87300 of the Government Code and repealing Resolution 2199.

On November 14, 2006, the City Council adopted Resolution 2006-280 adopting a conflict of interest code applicable to certain designated officials and employees pursuant to section 87300 of the Government Code and repealing Resolution 2006-036

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.

After a review of the current list of designated positions and the disclosure categories, staff felt it was necessary to revise them. The updated list of designated positions is attached as Appendix A to the resolution. The list of designated positions include individuals who hold positions that make, or participate in making governmental decisions that could affect their private financial interests. The disclosure categories are attached as Appendix B to the Resolution. The disclosure categories have been changed to allow for a more easily understood reporting process.

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 Statements of Economic Interests Form 700 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 87300 OF THE GOVERNMENT CODE AND REPEALING RESOLUTION 2006-280

WHEREAS, the City of Brentwood City Council previously adopted resolution 2006-280 adopting a conflict of interest code applicable to certain designated officials and employees pursuant to section 87300 of the Government Code and repealing resolution 2006-036; and

WHEREAS, the titles 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 Conflict of Interest Code. Nothing contained herein is intended to modify or abridge the provisions of the Act. The provisions of the Conflict of Interest 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 Conflict of Interest 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 2006-280 is repealed in its entirety.
2. The positions listed in Appendix A are designated positions. Officers and employees holding those positions are deemed to make, or participate in the making of, decisions, which may have material effect on a financial interest.
3. Designated positions shall be assigned 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 the Conflict of Interest statements from 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 the 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.

Appendix A

DEPARTMENT POSITION DISCLOSURE CATEGORY
Administration

Assistant City Manager 1
City Clerk 3
Human Resources Manager 3
Management Analyst 1

City Attorney

Assistant City Attorney 1

Community Development

Assistant Planner 2, 3, 5
Associate Planner 2, 3
Building Inspector I/II 3, 5
Chief Building Official 1
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, 5
Senior Community Development Analyst 2, 3
Senior Community Development Technician 4
Senior Planner 2, 3, 5
Senior Redevelopment Analyst 2, 3

Finance

Accountant I/II 3
Accounting Manager 1
Accounting Specialist 4
Accounting Technician 3
Assistant Finance Director 1
Chief Finance Officer 1
Chief Information Systems Officer 3
Grants Program Manager 1
Information Systems Specialist 4
Information Technician 4
Management Analyst 1
Purchasing Manager 1


Parks & Recreation

Accountant I/II 3
Administrative Supervisor 5
Arts Manager 1
Construction Inspector I/II 3
Director of Parks and Recreation 1
Landscape/Facilities Manager 3
Landscape/Facilities Supervisor 3
Management Analyst 1
Park Planner 2, 3
Recreation Coordinator 5
Recreation Manager 3
Recreation Supervisor 3


Police

Accounting Technician 3
Community Service Officer I/II 4
Executive Assistant to the Police Chief 4
Police Chief 1
Police Lieutenant 1
Police Sergeant 3
Police Captains 1
Senior Community Services Officer 4

Public Works (Engineering & Operations Division)

Assistant Director of Public Works/ Assistant City Engineer 1
Assistant Engineer 3
Associate Engineer 3
Construction Inspector I/II 3, 5
Deputy Director of Public Works 1
Director of Public Works /City Engineer 1
Engineering Manager 3
Engineering Services Specialist 4
Fleet Manager 3
GIS Coordinator 4
Management Analyst 1
Project Services Specialist 3
Purchasing Assistant 3
Right of Way Specialist 3
Right-of-Way Agent 2, 3
Senior Associate Engineer 3
Senior Construction Inspector 3, 5
Senior Engineer 3
Solid Waste Manager 3
Solid Waste Supervisor 4
Streets Manager 4
Streets Supervisor 4
Wastewater Maintenance Supervisor 4
Wastewater Operations Manager 4
Wastewater Treatment Plant Supervisor 4
Water Distribution Supervisor 4
Water Operations Manager 4
Water Production Supervisor 4

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 Political Reform Act.

CONFLICT OF INTEREST CODE

CITY OF BRENTWOOD

APPENDIX B


DISCLOSURE CATEGORIES


DISCLOSURE CATEGORIES

Individuals holding designated positions must report their interests according to the following corresponding disclosure category(ies) to which their position has been assigned.

Disclosure Category 1
Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or two miles of any land owned or used by the City; and investments and business positions in business entities, and income including loans, gifts, and travel payments from all sources.

Disclosure Category 2
Interests in real property located within the jurisdiction or within two miles of the boundaries of any land owned or used by the City.

Disclosure Category 3
Investments and business positions in business entities, and income, including loans, gifts, and travel payments from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the City.

Disclosure Category 4
Investments and business positions in business entities, and income including loans, gifts, and travel payments from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the department or division to which the filer is assigned duties.

Disclosure Category 5
Investments and business positions in business entities, and income including loans, gifts, and travel payments, from sources, that are of the type to request an entitlement to use City property or facilities including, but not limited to: A license, utility permit, station vendor permit.



 

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