HomeMy WebLinkAboutRES CC 2011 3049 2011 0720RESOLUTION NO. 2011 -3049
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. 2010 -2960
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categories in Resolution No. 2010 -2960, which now needs to be rescinded and an updated
Conflict of Interest Code adopted, and the City Council determines that the attached 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
Resolution No 2011 -3049
Page 2
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. Persons elected, appointed, or hired for a newly created position not yet
designated under the City's Conflict of Interest Code, and who participate in making government
decisions, must file a Statement of Economic Interest pursuant to Section 4. of the Conflict of
Interest Code (Title 2, Division 6, California Code of Regulations, Section 18734). The
disclosure category for such positions shall be the City's broadest disclosure category until the
City's Conflict of Interest Code is amended to include the new position.
SECTION 4. Resolution No. 2010 -2960 is hereby rescinded.
SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 20th day of July, 2011
ATTEST:
Maureen Benson, City Clerk
Attachment: Appendices A and B
Z4��
(Ja ce S. Parvin, Mayor
Resolution No 2011 -3049
Page 3
APPENDIX A
The City's Conflict of Interest Code does not establish any disclosure obligation for 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 these positions to disclosure as a matter of
state law.
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES
Designated Positions Disclosure Category
Administrative Services Department
1.
Administrative Specialist 1
2.
Administrative Services Director 1
3.
Administrative Services Manager 1
4.
Assistant to City Manager 1
5.
Assistant to City Manager /City Clerk 1
6.
Assistant City Clerk 1
7.
City Clerk 1
8.
Deputy City Clerk 1 2
9.
Deputy City Clerk II 2
10.
Deputy City Manager 1
11.
Human Resources Analyst 3
12.
Human Resources Assistant 3
13.
Human Resources Specialist 3
14.
Information Systems Analyst 4
15.
Information Systems Manager 1
16.
Information Systems Technician 1 4
17.
Information Systems Technician II 4
18.
Management Analyst 1
19.
Senior Information Systems Analyst 4
20.
Senior Management Analyst 1
Public Works Department
1.
Assistant City Engineer
1
2.
Assistant Engineer
1
3.
Assistant Engineer Consultant
1'
4.
Associate Civil Engineer
1
5.
Associate Engineer Consultant
1
6.
City Engineer /Public Works Director
1
7.
Civil Engineer Consultant
1'
8.
Construction Inspector Consultant
1
9.
Management Analyst
1
10.
Principal Engineer Consultant
1
11.
Public Works Director
1
12.
Public Works Superintendent /Inspector
1
13.
Public Works Supervisor
1
14.
Senior Civil Engineer
1
Resolution No 2011 -3049
Page 4
Designated Positions Disclosure Category
15. Senior Engineer Consultant 1*
16. Senior Maintenance Worker 5
17. Senior Management Analyst 1
18. Traffic Engineer Consultant 1*
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 Consultant
1*
6.
Building Official Consultant
1
7.
Code Compliance Supervisor
1
8.
Code Compliance Technician I
1
9.
Code Compliance Technician II
1
10.
Community Development Director
1
11.
Community Development Technician
1
12.
Construction Administrator Consultant
1*
13.
Management Analyst
1
14.
Planning Director
1
15.
Planning Manager
1
16.
Principal Planner
1
17.
Redevelopment Manager
1
18.
Senior Building Inspector Consultant
1*
19.
Senior Management Analyst
1
IV. Finance Department
1.
Accountant 1 1
2.
Accountant II 1
3.
Budget and Finance Manager 1
4.
Finance Director 1
5.
Finance /Accounting Manager 1
6.
Senior Account Technician 1
V. Parks, Recreation, and Community Services Department
1.
Active Adult Center Coordinator 6
2.
Active Adult Center Supervisor 6
3.
Administrative Specialist 7
4.
Assistant City Manager 1
5.
Community Services Technician 7
6.
Facilities Technician 5
7.
Landscape /Parks Maintenance Superintendent 1
8.
Management Analyst 1
9.
Parks and Facilities Supervisor 5
10.
Parks and Landscape Manager 1
11.
Parks and Recreation Director 1
12.
Recreation /Community Services Manager 1
13.
Recreation Coordinator 1 8
14.
Recreation Coordinator 11 8
Resolution No 2011 -3049
Page 5
Designated Positions
Disclosure Category
15.
Recreation Coordinator III
8
16.
Recreation Leader IV
8
17.
Recreation Specialist
8
18.
Recreation Superintendent
8
19.
Recreation Supervisor
8
20.
Senior Maintenance Worker
5
21.
Senior Management Analyst
1
22.
Vector /Animal Control Specialist
9
VI. Redevelopment Agency
1. Redevelopment Agency Assistant Secretary
1
2. Redevelopment Agency Counsel
1
3. Redevelopment Agency Consultant
1
4. Redevelopment Agency Executive Director
1
5. Redevelopment Agency Secretary
1
6. Redevelopment Manager
1
VII. Moorpark Arts Commission Members
1
VIII. Library Board
1
IX. Parks and Recreation Commission Members
1
X. Assistant City Attorney
1*
Other Designated Consultants
1*
Positions Not Yet Designated
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 2011 -3049
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.
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.
Resolution No 2011 -3049
Page 7
Category 5
Any investment in, or income from, as defined by the Code, any person or business entity which
provides parks, recreation, building construction and maintenance supplies, engineering, or public
works related services, goods, or equipment, including but not limited to maintenance of parks,
landscaping, 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 to 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 to
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 2011 -3049
Page 8
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. 2011 -3049 was adopted by the City Council
of the City of Moorpark at a regular meeting held on the 20th day of July, 2011, and that the
same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 28th day of July, 2011.
Maureen Benson, City Clerk
(seal)