HomeMy WebLinkAboutRES CC 2005 2316 2005 0420RESOLUTION NO. 2005 -2316
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING THE CONFLICT
OF INTEREST CODE OF THE CITY OF MOORPARK AND
RESCINDING RESOLUTION NO. 2004 -2247
WHEREAS, the Political Reform Act, Government Code Section
87300, et seq., requires every state and local government agency
to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the Fair Political Practices Commission (FPPC) has
adopted a regulation which contains the terms of a standard model
Conflict of Interest Code (Title 2, Division 6, California Code of
Regulations, Section 18730), which can be incorporated by
reference, and which may be amended by the FPPC to conform to
amendments in the Political Reform Act after public notice and
hearings conducted by the FPPC pursuant to the Administrative
Procedure Act, Government Code Sections 11370, et seq.; and
WHEREAS, the City Council has determined that the terms of
Title 2, Division 6, California Code of Regulations, Section
18730, and any amendments to it duly adopted by the FPPC, along
with the attached Appendices A and B, accurately set forth the
City's Conflict of Interest Code, including those positions which
should be designated, and the categories of financial interests
which should be made reportable; and
WHEREAS, the persons holding the positions listed in Appendix
B are designated employees, because it has been determined that
those positions make or participate in the making of decisions
which may foreseeably have a material effect on financial
interests; and
WHEREAS, the City's Conflict of Interest Code does not
establish any disclosure obligation for the City Councilmembers,
Planning Commissioners, City Manager, City Attorney, and Public
Officials who Manage Public Investments (City Treasurer and
Redevelopment Agency Treasurer), as Government Code Section 87200
et seq. requires such disclosure as a matter of state law, nor
does the City's Conflict of Interest Code include a position which
is solely clerical, ministerial or manual, or any unsalaried
member of a board or commission which is solely advisory; and
WHEREAS, the City Council has previously designated positions
and disclosure categories in Resolution No. 2004 -2247, which now
needs to be rescinded and an updated Conflict of Interest Code
adopted, and the City Council determines that the attached
Resolution No 2005 -2316
Page 2
Appendices accurately set forth those positions which should be
designated and categories of financial interest which should be
made reportable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The terms of Title 2, Division 6, California Code
of Regulations, Section 18730, and any amendments to it duly
adopted by the FPPC are hereby incorporated by reference and along
with the attached Appendices A and B, in which employees,
officials, and consultants are designated and disclosure
categories are set forth, constitute the Conflict of Interest Code
for the City of Moorpark. If any of the positions listed in
Appendix A have a change of title, or if a position is transferred
from one City department or office to another, the filing
requirement and disclosure category shall remain the same until
the next update of the City's Conflict of Interest Code.
SECTION 2. Persons holding designated positions shall file a
Statement of Economic Interests pursuant to Section 4 of the
Conflict of Interest Code (Title 2, Division 6, California Code of
Regulations, Section 18730). The City Clerk shall carry out the
duties of Filing Officer for the City Council, which is the Code
Reviewing Body.
SECTION 3. Resolution No. 2004 -2247 is hereby rescinded.
SECTION 4. The City Clerk shall forward a copy of this
resolution to the FPPC.
SECTION 5. The City Cle shall ce ify to the adoption of
this resolution and shall c se a certifie resolutioy to be filed
in the book of original res lutions. -� /
PASSED AND ADOPTED this 20th day April, 20/1.
ATTEST:
._..J.aQya•yca� �, �aY.�n
Deborah S. Traffenste t City Clerk
Attachment: Appendices A and B
rick Hunte$, Mayor
Resolution No 2005 -2316
Page 3
APPENDIX A
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES
Designated
Positions
Disclosure Category
2.
Assistant Planner I
I. Assistant City Manager
1
1.
Management Analyst
1
2.
Senior Management Analyst
1
II. Administrative Services Department
1*
1.
Administrative Services Director(City
Clerk) 1
2.
Assistant to City Manager /City Clerk
1
3.
Assistant City Clerk
1
4.
Deputy City Clerk I
2
S.
Deputy City Clerk II
2
6.
Human Resources Analyst
3
7.
Human Resources Assistant
3
8.
Information Systems Manager
1
9.
Information Systems Supervisor
1
10.
Information Systems Technician
4
III. City
Engineer /Public Works Department
1.
Assistant City Engineer
1
2.
Associate Engineer
1*
3.
City Engineer
1
4.
Civil Engineer
1*
5.
Management Analyst
1
6.
Public Works Director
1
7.
Public Works Superintendent
1
8.
Public Works Supervisor
1
9.
Senior Maintenance Worker
5
10.
Senior Management Analyst
1
11.
Traffic Engineer
1*
IV. Community Development Department
1.
Administrative Services Manager
1
2.
Assistant Planner I
1
3.
Assistant Planner II
1
4.
Associate Planner
1
5.
Building Inspector
1*
6.
Building Official
1*
Resolution No 2005 -2316
Page 4
Designated
Positions Disclosure Category
Agency Counsel
1*
2.
7.
Code Compliance Officer I
1
8.
Code Compliance Officer II
1
9.
Community Development Director
1
10.
Construction Administrator
1*
11.
Planning Manager
1
12.
Planning Technician
1
13.
Principal Planner
1
14.
Senior Building Inspector
1*
15.
Senior Management Analyst
1
16.
Senior Planner
1
V. Finance
Department
1.
Accountant I
1
2.
Accountant II
1
3.
Administrative Services Technician
4
4.
Budget and Finance Manager
1
5.
Deputy City Manager
1
6.
Finance Director
1
7.
Finance Accounting Manager
1
8.
Senior Account Technician
1
VI. Parks,
Recreation and Community Services Department
1.
Active Adult Center Coordinator
6
2.
Administrative Specialist
7
3.
Community Services Technician
7
4.
Maintenance Supervisor
5
5.
Management Analyst
1
6.
Parks and Facilities Superintendent
1
7.
Parks, Recreation and Community Services Director
1
8.
Recreation Coordinator I
8
9.
Recreation Coordinator II
8
10.
Recreation Manager
1
11.
Recreation Supervisor
8
12.
Senior Maintenance Worker
5
13.
Senior Management Analyst
1
14.
Vector /Animal Control Specialist
9
VII. Redevelopment Agency
1.
Redevelopment
Agency Counsel
1*
2.
Redevelopment
Agency Consultant
1*
3.
Redevelopment
Agency Executive Director
1
4.
Redevelopment
Agency Secretary
1
5.
Redevelopment
Manager
1
6.
Senior Management Analyst
1
Resolution No 2005 -2316
Page 5
Designated Positions
VIII. Parks & Recreation Commission Members
IX. Assistant City Attorney
Other Designated Consultants
Disclosure Category
1
1*
1*
* The Fair Political Practice Commission Regulation (2 California Code of Regulations
Section 18700) defines "consultant" as an individual who, pursuant to a contract with
a state or local government agency:
(A) Makes a governmental decision whether to:
(i) Approve a rate, rule or regulation;
(ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license, application,
certificate, approval, order or similar authorization or entitlement;
(iv) Authorize the agency to enter into, modify or renew a contract provided it
is the type of contract which requires agency approval;
(v) Grant agency approval to a contract which requires agency approval and in
which the agency is a party or to the specifications for such a contract;
(vi) Grant agency approval to a plan, design, report, study or similar item;
(vii) Adopt, or grant agency approval of, policies, standards, or guidelines for
the agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity performs the same
or substantially all the same duties for the agency that would otherwise be
performed by an individual holding a position specified in the agency's Conflict
of Interest Code.
Consultants shall be included in the list of designated positions and shall disclose
pursuant to Category 1, 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.
Resolution No 2005 -2316
Page 6
APPENDIX B
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES
Category 1
Any investment or interest in real property, any loan, any gift, or
any income in which the "designated employee" or spouse has an
interest within the jurisdiction of the City of Moorpark, as defined
in this Code; and any investments in business entities or income from
sources which provide supplies, equipment or services of the type
utilized by the department or division for which the Designated
Employee is assigned.
*Disclosure by Consultants
Consultants shall be included in the list of designated employees and
shall disclose pursuant to Category 1, 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.
Category 2
Any investment in, or interest from, as defined by the Code, any
person or business entity which provides services, goods or equipment
involving municipal elections, printing services, records management,
or preparation of minutes or transcripts.
Category 3
Any investment in, or income from, as defined by the Code, any person
or business entity which provides human resources and risk management
related services, goods or equipment including but not limited to
recruitment, testing, selection or placement, temporary staffing, and
insurance and other benefit programs.
Resolution No 2005 -2316
Page 7
Category 4
Any investment in, or income from, as defined by the Code, any person
or business entity which provides services, goods or equipment
involving purchasing of supplies, equipment, or services, including
but not limited to installation, maintenance or repair of City
equipment such as telephones, copiers, and computers, and purchasing
of City office and computer supplies, software and equipment.
Category 5
Any investment in, or income from, as defined by the Code, any person
or business entity which provides parks and recreation and public
works maintenance related services, goods, or equipment, including
but not limited to maintenance of parks, City -owned
facilities /buildings, streets and other public right -of -way.
Category 6
Any investment in, or income from, as defined by the Code, any person
or business entity which provides services, goods, or equipment for
seniors, including but not limited contract instructor services, and
recreation and special event services and supplies.
Category 7
Any investment in, or income from, as defined by the Code, any person
or business entity which provides public transit, solid waste,
recycling, or household hazardous waste related services, goods or
equipment including but not limited to bus and taxi services, solid
waste franchise services, and household hazardous waste cleanup type
services.
Category 8
Any investment in, or income from, as defined by the Code, any person
or business entity which provides parks and recreation related
services, goods, or equipment, including but not limited contract
instructor services, recreation and special event services and
supplies, playground equipment, day care and teen event services and
supplies.
Category 9
Any investment in, or income from, as defined by the Code, any person
or business entity which provides vector and /or animal control
related services, goods, or equipment.
Resolution No 2005 -2316
Page 8
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I,
Deborah S. Traffenstedt, City Clerk
of the City of
Moorpark,
California, do hereby certify under
penalty of
perjury
that the
foregoing Resolution No. 2005 -2316 was adopted
by the
City Council
of the City of Moorpark at a regular
meeting
held on
the 20th
day of April, 2005, and that the same
was adopted
by the
following
vote:
AYES: Councilmembers Mikos, Millhouse, Parvin and Mayor
Pro Tempore Harper
NOES: None
ABSENT: Mayor Hunter
ABSTAIN: None
WITNESS my hand and the official seal of said City this 26th
day of April, 2005.
Q--, S. Traffenste , City Clerk
(seal)