HomeMy WebLinkAboutAGENDA REPORT 2011 0720 CC REG ITEM 10J ITEM 1_ 0.J.
±;ity Council Meeting
MOORPARK CITY COUNCILcT'lf
AGENDA REPORT Awl, g6a
TO: Honorable City Council �-
FROM: Maureen Benson, City Clerk \ttw
DATE: July 7, 2011 (CC Meeting of 7/20/11)
SUBJECT: Consider Resolution Amending the Conflict of Interest Code of the City of
Moorpark and Rescinding Resolution No. 2010-2960
BACKGROUND AND DISCUSSION
The Political Reform Act, Government Code Section 87300, et seg., requires every state and
local government agency to adopt and promulgate a Conflict of Interest Code. The City's
Conflict of Interest Code was last amended in October 2010, when the City Council adopted
Resolution No. 2010-2960. Since the time of the last update, the Assistant City Manager has
assumed responsibility for the renamed Parks, Recreation, and Community Services
Department; the Finance Director now reports to the City Manager's Office; the
Redevelopment Manager now reports to the Community Development Department; the
Vector/Animal Control Specialist has been moved to Parks, Recreation, and Community
Services Department, and the Library Board appointed by the City Council on July 6, 2011
has been added to the list of designated positions; all of which require amendment of the
City's Conflict of Interest Code to incorporate these changes.
Attached is a draft resolution which would rescind Resolution No. 2010-2960, revise the City's
Conflict of Interest Code to include an updated list of Designated Employees and the
Disclosure Categories, and incorporate by reference the terms of Title 2, Division 6, California
Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair
Political Practices Commission (FPPC). The attached resolution includes City and
Redevelopment Agency Designated Employees.
The City's Conflict of Interest Code is intended to list all designated positions, even if there is
no current employee with that position title. 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.
STAFF RECOMMENDATION
Adopt Resolution No. 2011- , rescinding Resolution No. 2010-2960.
Attachment: Draft Resolution
186
RESOLUTION NO. 2011-
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.
187
Resolution No 2011-
Page 2
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. 2010-2960 is hereby rescinded.
SECTION 4. 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
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Appendices A and B
188
Resolution No 2011-
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
I. 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
II. 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
189
Resolution No 2011-
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*
III. Community Development Department
1. Administrative Services Manager 1
2. Assistant Planner 1 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 1 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 11 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 II 8
190
Resolution No 2011-
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 J*
Other Designated Consultants 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
parry 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.
191
Resolution No 2011-
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.
192
Resolution No 2011-
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.
193