HomeMy WebLinkAboutAGENDA REPORT 2008 0917 CC REG ITEM 10G yMM 0. G.
OF MOt'7RPARK, `0;,;�:;
City Council Meeting
ACTION:
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Administrative Services Director `D5�
BY: Maureen Benson, Assistant City Clerk *7 ,
DATE: September 5, 2008 (CC Meeting of 9/17/08)
SUBJECT: Consider Resolution Amending the Conflict of Interest Code of the City of
Moorpark and Rescinding Resolution No. 2007-2621
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 August 2007, when the City Council adopted
Resolution No. 2007-2621. Since the time of the last update, there have been revisions to
Management positions and Competitive Service job titles, requiring amendment of the City's
Conflict of Interest Code.
Attached is a draft resolution which would rescind Resolution No. 2007-2621 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. 2008-
Attachments:
1. Draft Resolution
2. Title 2, Division 6, California Code of Regulations, Section 18730
RESOLUTION NO. 20012008-
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. 2007 2 712007-2621
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. '20=IIO7 25712007-2621 , 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.
Resolution No `'007 2212008-
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 25712007-2621 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 4-st-17th day of AogustSeptember, 20972008.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt City Clerk
Attachment: Appendices A and B
r.�
Resolution No '20=a07 26212008-_
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
98. Information Systems Analyst 4
109. Information Systems Manager 1
114-0. Information Systems Technician 1 4
1244. Information Systems Technician II 4
134 . 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*
Resolution No 2007 26212008-___
Page 4
Designated Positions Disclosure Category
IV. 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 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, Recreation and Community Services Director 1
12. Recreation/Community Services Manager 1
13. Recreation Coordinator 1 8
14. Recreation Coordinator II 8
15. Recreation Coordinator 111 8
4-516. Recreation Leader IV 8
17 Recreation Specialist 8
4-617. Recreation Supervisor 8
4-718. Senior Maintenance Worker 5
JA
Resolution No 2007 26242008-
Page 5
4-819. Senior Management Analyst 1
4-920. 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 1
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
Resolution No 2007 26212008-
Page 6
APPENDIX B
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES
Cate-gory 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.
Cate-gory 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
Resolution No 2007 26212008-__
Page 7
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, 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.
':p L 4