HomeMy WebLinkAboutAGENDA REPORT 2009 1007 CC REG ITEM 10K ITEM 10=
CI'T'Y OF MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL AC'"O"'
AGENDA REPORT a
3Y:
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Administrative Services Director s5r
BY: Maureen Benson, Assistant City Clerk `j'hnd'
DATE: September 29, 2009 (CC Meeting of 10/07/09)
SUBJECT: Consider Resolution Amending the Conflict of Interest Code of the City of
Moorpark and Rescinding Resolution No. 2008-2749
BACKGROUND AND DISCUSSION
The Political Reform Act, Government Code Section 87300, et M., 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 September 2008, when the City Council
adopted Resolution No. 2008-2749. Since the time of the last update, there has been a
revision to the department head title for the Parks, Recreation, and Community Services
Department, requiring amendment of the City's Conflict of Interest Code to change the Parks,
Recreation, and Community Services Director to Parks and Recreation Director.
Attached is a draft resolution which would rescind Resolution No. 2008-2749 and revise the
City's Conflict of Interest Code to include an updated list of Designated Employees and the
Disclosure Categories, and incorporates 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. For example, the City currently does not have a
Community Development Director; however, that position is included in the City's
Classification and Salary Plans and is listed in the attached resolution as a designated
position. 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. 2009-
Attachment: Draft Resolution
347
RESOLUTION NO. 2008 27-492009-
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. '^^ 22008-2749
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. 2007-26212008-2749, 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.
348
Resolution No 2008 27492009-
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. 2007 T2008-2749 is hereby rescinded.
SECTION 4. The City Clerk shall forward a copy of this resolution to the FPPC.
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 17th day of SeptemberOctober, 2888.2009
Janice S.. Parvin, Mayor
ATTEST:
Maureen Benson, Assistant City Clerk
Attachment: Appendices A and B
349
Resolution No 2008 27492009-
Page 3
APPENDIX A
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES
Designated Positions Disclosure Category
I. City Manager's Office
1. Administrative Specialist 1
2. Assistant City Manager 1
3. Deputy City Manager 1
4. Management Analyst 1
5. Senior Management Analyst 1
II. Administrative Services Department
1. Administrative Services Director(City Clerk) 1
2. Assistant to City Manager/City Clerk 1
3. Assistant City Clerk 1
4. Deputy City Clerk 1 2
5. Deputy City Clerk II 2
6. Human Resources Analyst 3
7. Human Resources Assistant 3
8. Human Resources Specialist 3
9. Information Systems Analyst 4
10. Information Systems Manager 1
11. Information Systems Technician 1 4
12. Information Systems Technician II 4
13. Senior Information Systems Analyst 4
III. City Engineer/Public Works Department
1. Assistant City Engineer 1
2. Assistant Engineer 1
3. Assistant Engineer 1*
4. Associate Civil Engineer 1
5. Associate Engineer 1*
6. City Engineer/Public Works Director 1
7. Civil Engineer 1*
8. Construction Inspector 1*
9. Management Analyst 1
10. Principal Engineer 1*
11. Public Works Director 1
12. Public Works Superintendent 1
13. Public Works Supervisor 1
14. Senior Civil Engineer 1
15. Senior Engineer 1*
16. Senior Maintenance Worker 5
17. Senior Management Analyst 1
18. Traffic Engineer 1*
350
Resolution No 2008 27492009-
Page 4
Designated Positions Disclosure Category
IV. Community Development Department
1. Administrative Services Manager 1
2. Assistant Planner 1 1
3. Assistant Planner 11 1
4. Associate Planner 1
5. Building Inspector 1*
6. Building Official 1*
7. Code Compliance Technician 1 1
8. Code Compliance Technician II 1
9. Community Development Director 1
10. Community Development Technician 1
11. Construction Administrator 1*
12. Deputy City Manager 1
13. Management Analyst 1
14. Planning Director 1
15. Planning Manager 1
16. Principal Planner 1
17. Senior Building Inspector 1*
18. Senior Management Analyst 1
19. Senior Planner 1
V. Finance Department
1. Accountant 1 1
2. Accountant II 1
3. Administrative Assistant 4
4. Budget and Finance Manager 1
5. Finance Director 1
6. Finance/Accounting Manager 1
7 Senior Account Technician 1
VI. Parks, Recreation and Community Services Department
1. Active Adult Center Coordinator 6
2. Active Adult Center Supervisor 6
3. Administrative Specialist 7
4. Community Services Technician 7
5. Facilities Technician 5
6. Landscape/Parks Maintenance Superintendent 1
7. Maintenance Supervisor 5
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
15. Recreation Coordinator III 8
16. Recreation Leader IV 8
17. Recreation Specialist 8
18. Recreation Supervisor 8
19. Senior Maintenance Worker 5
351
Resolution No 2008 2T492009-
Page 5
20. Senior Management Analyst 1
21. Vector/Animal Control Specialist 9
Designated Positions Disclosure Category
VII. Redevelopment Agency
1. Redevelopment Agency Counsel 1
2. Redevelopment Agency Consultant J*
3. Redevelopment Agency Executive Director 1
4. Redevelopment Agency Secretary 1
5. Redevelopment Manager 1
6. Senior Management Analyst 1
Designated Positions Disclosure Category
VIII. Moorpark Arts Commission Members 1
IX. Parks &`Recreation Commission Members 1
X. Redevelopment Project Area Advisory Committee Members 1
XI. Assistant City Attorney J*
Other Designated Consultants J*
* 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 consultants
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.
352
Resolution No 2008 27492009-
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.
353
Resolution No 2008 27492009-
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.
354