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Resolution No. 4733 .II. .. I . ... .' . < . . 1 RESOLUTION NO. 4733 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING CONFLICT OF INTEREST CODES WHICH INCORPORATE BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE 3 4 5 6 WHEREAS, the Political Reform Act, Government Code 7 SS81000, et seq., requires every state or local government agency to. adopt and promulgate a Conflict of Interest Code; and 8 9 WHEREAS, the Fair Political Practices Commission has 10 adopted a regulation, 2 Cal. Adm. Code S18730, which contains the 11 terms of a standard mOdel Conflict of Interest Code, which can be 12 incorporated by reference, and which will be amended to conform to amendments in the P~litical Raform Act after public notice and 13 14 . hearings conducted by the Fair Political Practices Commission 15 16 pursuant to the Administrative Procedure Act, Government Code SSl1370, et seq.; and WHEREAS, this body has determined that the attached 17 18 Appendices accurately set forth those positions which should be 19 designated and the categories of financial interests which should 20 be made reportable. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 22 THE CITY OF VERNON AS FOLLOWS: 23 SECTION 1: The terms of 2 Cal. Adm. Code S18730 and any 24 amendments to it duly adopted by the Fair Political Practices Commission along with the attached Appendices in which officials 25 26 and employees are designated and disclosure categories are set 27 forth, are hereby incorporated by reference and constitute the 28 Conflict of Interest Codes of the following departments and . . . . " . ~ 1 agencies: 2 3 City Administrator/City Clerk Department 4 Department of Community Services 5 Fire Department 6 Police Department 7 City Attorney 8 9 SECTION 2: Pursuant to Section 4(C) of the Code, all 10 designated employees shall file their Statements with the City 11 Clerk to whom the City Council hereby delegates the authority to 12 carry out the duties of filing officer. 13 SECTION 3: That the City Clerk of the City of Vernon 14 shall certify to the passage of this Resolution and thereupon 15 and thereafter the same shall be in full force and effect. 16 APPROVED AND ADOPTED this 17th day of June, 1980. 17 18 -~~. \ 19 ATTEST: 20 21 ":~' ~ B~UCE V. MALKENHORST, City Clerk 22 23 24 25 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SSe .... . .' ~ I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 4733 , was duly adopted by the City Council of the City of Vernon, and was approved by the Mayor of said City at a regular meeting of the City Council held on Tuesday, June 17 ; 1980. ( SEAL) d~~~CIC .. .. -3- ,j -. 1 APPENDIX NO.1 2 3 The positions listed below are designated positions.in 4 the City of Vernon. Officers and employees holding these position 5 are designated employees and are deemed to make, or participate in 6 the making of, decisions which may foreseeably have a material 7 effect on any financial interest: 8 . DESIGNATED POSITIONS DISCLOSURE CATEGORIES 9 CITY ADMINISTRATOR/CITY CLERK DEPARTMENT: 10 CITY ADMINISTRATOR/CITY CLERK 11 ASSISTANT DIRECTOR OF FINANCE 1, 2 1, 2 12 PURCHAS ING AGENT 6 13 DEPARTMENT OF COMMUNITY SERVICES: " 14 DIRECTOR OF P~BLIC WORKS/BUILDING- HEALTH OFFICER 15 16 DIRECTOR OF ENVIRONMENTAL HEALTH 1, 2, 3, 6 1, 2, 3 1, 2, 3 1, 2, 3 3 3 3 3 3 3 3 3 /// /// CIVIL ENGINEER 17 CHIEF DEPUTY DIRECTOR OF ENVIRONMENTAL 18 HEALTH 19 SENIOR BUILDING INSPECTOR 20 SENIOR ELECTRICAL INSPECTOR 21 SENIOR MECHANICAL INSPECTOR 22 SENIOR ENVIRONMENTAL SPECIALIST 23 BUILDING INSPECTOR 24 ELECTRICAL INSPECTOR 25 MECHANICAL INSPECTOR 26 ENVIRONMENTAL SPECIALIST 27 / / / 28 / / / APPENDIX NO. 1 ,j C, .. 1 DESIGNATED POSITIONS DISCLOSURE CATEGORIES 2 FIRE DEPARTMENT : 3 CHIEF I, 2 4 BATTALION CHIEF I, 2 5 POLICE DEPARTMENT: 6 CHIEF I, 2 7 CAPTAIN I, 2 8 CITY ATTORNEY: 9 CITY ATTORNEY I, 2 10 CONSULTANTS * 11 12 *With respect to Consultants, the Department Head may 13 determine in writing that a particular consultant is hired to .. 14 perform a range of duties that are limited in scope and thus is 15 not required to comply with the disclosure requirements described 16 in these categories. Such determination shall include a de- 17 scription of the consultant's duties and, based upon that de- 18 scription, a statement of the extent of disclosure requirements. 19 The Department Head shall forward a copy of this determination to 20 the City Council. Nothing herein excuses any such consultant 21 from any other provision of this Conflict of Interest Code. 22 23 24 25 26 27 28 APPENDIX NO. 1 28 1 APPENDIX NO. 2 2 3 General Provisions 4 5 When a designated employee is required to disclose invest- 6 ments and sources of income, he need only disclose investments 7 in business entities and sources of income which do business in 8 the jurisdiction, plan to do business in the jurisdiction or have 9 done business in the jurisdiction within the past two years. In 10 addition to other activities, a business entity is doing business 11 within the jurisdiction if it owns real property within the juris- 12 diction. When a designated employee is required to disclose 13 interests in real property, he need only disclose real property .. , 14 which is located in whole or in part within or not more than two 15 miles outside the boundaries of the jurisdiction or within two 16 miles of any land owned or used by the local government agency. 17 Designated employees shall disclose their financial 18 interests pursuant to the appropriate disclosure category as 19 indicated in Appendix No.1. 20 21 Disclosure Categories 22 23 Category 1: All investments and sources of income. Category 2: All interests in real property. 24 Category 3: All investments, interests in real property 25 and sources of income subject to the 26 regulatory, permit or licensing authority 27 of the City. Category 4: Investments in business entities and sources . APPENDIX NO. 2 .IJ " ; - f j 1 of income which engage in land develQpment, 2 construction or the acquisition or sale of 3 real property. Category 5: Interests in real property located within 4 5 two miles of any land owned or used by the 6 City. 7 Category 6: Investments in business entities and sources 8 of income df the type which, within the past 9 two years, have contracted with the City to 10 provide services, supplies, materials, 11 machinery or equipment. 12 13 .. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPENDIX NO. 2 iJ f) ~'co1!! ~ ' HILARIO GONZALES KEITH K, KAESER WILLIAM M, McCORMICK THOMAS A, YBARRA M - ,. TELEPHONES CITY CLERK " 583,88 1 I~ POLICE DEPT, ". 587'517~1 FIRE DEPT, . , " 583,4821 BUILDING DEPT, " 583,8811 Pl)BLICWORKSDEPT, 583,8811. rJ . HEALTH DEPT. ' ., 583.881"..., ~ .aitJ OFFICERS BRUCE V, MALKENHORST. CITY ADMINISTRATOR / CITY CLERK DAVID B, BREARLEY, CITY ATTORNEY ARTHUR E, NELSON, JR.. DIRECTOR OF PUBLIC;: WORKS/BUILDING/HEALTH OFFICER GEORGE F, BASS. FIRE CHIEF SPENCER E, HOGAN, POLICE CHIE:F CITY HALL. 4305 SANTA FE AVENUE. VERNON. CALIFORNIA 90058 IN REPLYREFERTO: June 17, 1980 Honorable City Council of the City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Re: Conflict of Interest Code Applicable to Officers and Employees of the City of Vernon Gentlemen: SS87300 and 82011 of the Government Code requires the governing body of a local agency to adopt a conflict of interest code applicable to its officers and employees requiring the dis- closure of economic interest which could pertain to the decision making responsibilities of said officers and/or employees. I have recently communicated with the Fair Political Practices Commission to determine whether they are enforcing a specific time limit wherein the City Council should act to adopt said Code. I have been informed by a commission attorney that S87300 of the Government Code merely provides that said code must be adopted within a "reasonable time". The commission has established for agencies under their control that they are to conclude their proceedings by the a- doption of an acceptable code on or before July 1, 1980. Therefore, I would recommend that you consider the enclosed conflict of interest code during your regularly scheduled meeting on June 17, 1980. CITY OF VERNON CALIFORNIA IN REPLY REFER TO: Honorable City Council of the City of Vernon Page 2 June 17, 1980 I will be available to answer any questions concerning the enclosed code during said meeting. Very truly yours, Qdl1rD~'. David B. Brearley, City Attorney DBB: j 1 Enclosure . Regulations of the Fair Political Practices Commission (Title 2, Division 6 of the California Administrative Code) 18730. provisions of Conflict of Interest Codes (Gov. Code Sections 87300 - a7302) (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a Conflict of Interest Code within the meaning of Government Code Section 87300 or the amendment of a Conflict of Interest Code within the meaning of Government Code Section 87307 if the terms of this regulation are substituted for terms of a Conflict of Interest Code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner, substant~ally equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 81000, et~. The requirements of a Conflict of Interest Code are in addition' to other requirements of the political Reform Act, such as the general prohibition against conflicts of interest con- tained in Government Code Section 87100, and to, other state or local laws pertaining to conflicts of interest. (b) The terms of a Conflict of Interest Code amended or adopted and promu~gated pursuant to this regulation are as follows: (1) Section 1. 'Definitions. The definitions containeq in the Political Reform Act of 1974, regulations of the Fair Political Practices ATTACHMENT (REGULATIONS AS OF 6/17/80) Commission (2 Cal. Adm. Code Sections 18100 et ~.), and any amendments to the Act or regulations, are incorporated by reference into this Conflict of Interest Code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure Categories. This Code does not establish any disclosure obli- gation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this Code in that same 7apacity o~ if the geographical juris- diction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq.l/ Such persons are covered by this Code for dis- qualification purposes only. With respect to all other designated employees, the disclosure categories set forth in 1/ Designated employees who ~re required to file statements of economic interests under any other agency's Conflict of Interest COde, or under Article 2 for a different juriSdiction, may expand their statement of economic in- terests to cover reportable interests in both jurisdictions, and file copies of this e~panded statement with both entities in lieu of filing separate and distinct statements, provided tha t each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section 81004. - 2 . ATTACHMENT (REGULATIONS AS OF 6/17/80) .--' . the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement ~f economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined tha t the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all desig- nated employees requir~d to file, statements of economic , interests pursuant. to this Conflict of Interest Code to file in accordance with one of the following procedures:l.l (A) All designated employees shall file statements of economic interests with the agency. Upon receipt of the statements of economic interests of the head of the agency and members of boards or commissions not under a department of state or local government, the agency shall make and retain a copy of each and forward the orig inals of these statements to the code reviewing body, which shall be the ~/ See Government Code Section 81010 and 2 Cal. Adm. Code Section 18115 for the duties of filing officers and persons in agencies who make and ~etain copies of state- ments and forward the originals to the filing officer. - 3 - ATTACHMENT (REGULATIONS AS OF 6/17/80 _,' .......~';" ""'~".' ".c."."'--'. ,.".".....'.'..._,.~..', filing officer with respect to these statements. Such state- ments shall be forwarded to the code reviewing body within five days after the filing deadline or five days after receipt in the case of statements filed late. (B) All designated employees shall file statements of economic interests with the agency, which shall make and reta in a copy and forward the orig inals to the code rev iewing body, which shall be the filing officer. (C) All designated employees ' shall file statements of economic interests with the code reviewing body. (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency, on the ef..fective date of this Code, , as originally adopted, promulgated and approved by the code . reviewing body, shall file statements within thirty days after the effective date of this Code. Thereafter, each person already in a position when it is designated by an amendment to this Code shall file an initial statement within thirty days after the effective date of the amendment. (B) . Assuming Office Statements. (i) All persvns ~ssuming designated positions after the effective date of this Code which are civil service or merit system positions shall file statements within thirty days after assuming the designated positions. - 4 - ATTACHMENT (REGULATIONS AS OF 6/17/80) (ii) All other persons appointed, promoted or transferred to designated positions after the effective date of the Code shall file statements within ten days after assuming office, or if subject to State Senate confirmation, ten days after being nominated or appointed. (C) Annual Statements. All designated employees shall. file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the Code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination. (C) Contents of Annual Statements. Annual state- ments shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement - 5 ATTACHMENT (REGULATIONS AS OF 6/17/80) shall begin on the effective date of the Code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real propertyl! is required to be reported,!! the statement shall contain the following: (i) A statement of the nature of the invest- ment or interest; 1.! For the purpose of disclosure only (not dis- qualification), an interest in real property does not include the principal residence of the filer. !! Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the POlitical Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse, and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. - 6 - A'rTACHMENT (REGULATIONS AS OF 6/17/80) . (ii) The name ef the business entity in which each investment is held, and a general descriptien ef the business activity in which the business entity is engaged~ (iii) The address or ether precise lecatien ef the real property~ tiv) A statement whether the 'fair market value ef the investment or interest in real property exceeds ene thousand dellars ($1,000>', exceeds ten theusand dellars ($10,000), or exceeds Qne hundred theusand dellars ($100,000). (B) Persenal Income Disclesure. When persenal income is required to. be reported,2/ the statement shall .. conta in: (i) The name and address ef each seurce ef income aggregating two. hundred fifty dQllars ($250) or mere in value. or twenty-fivedellars($25) Qr mere in value if the inceme was a gift, and a general descriptien ef the business activity, if any, ef each seurce. 5/ A .designated employee's inceme includes his er her community preperty interest in the income of his or her speuse but dees not include salary er reimbursement for expenses received from a state, local Qr federal gevernment agency. - 7 ATTACHMENT (REGULATIONS AS OF 6/17/80) ,(ii) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); (iii) A description of the consideration, if any, for which the income was received; (iv) In the case of a gift, the name, address and business activity of the donor and any in- termediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received. .. (v) In the case of a loan, the annual interest rate and the security, if any, given for the loan. (C) Business Entit~ Income Disclosure. When. income of a business entity, including income of a sole proprietorship, is required to be reported,~/ the statement shall contain: (i) The name, address, and a general description of the business activity of the business entity; 6/ Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the 'filer' s spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers ofa business entity is required only if the clients or customers are within one of the disclosure categories of the filer. - 8 ATTACHMENT (REGULATIONS AS OF 6/17/80) ". """ /,~ ';,......... . .. (ii) The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). - 9 . ATTACHMENT (REGULATIONS AS OF 6/17/80) ......- (B) Any real property in which the designated employee has a direct or indirect interest worth more than one thousand dollars ($1,000); (C) Any source of income, other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within twelve months prior to the time when the decision is made; or (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management. .. . No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee,who is on a voting body is need~d to break a tie does not make his or her participation legally required for purposes of this section. (9) Section 9. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a financial interest in it, the. determination not to act must be accompanied by disclosure of the, financi.al interest. In the Case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency, - 10 ATTACHMENT (REGULATIONS AS OF 6/17/8 .. .. . this determination and disclosure shall be made in wri ting to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be ~ade in writing to the designated employee's supervisor. (10) Section 10. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this Code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section8Jl140r from the atto~ney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (11) Section 11. Violations. .. This Code has the force and effect of law. Designated employees violating any provision of this Code are subject to the administrative; criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 - 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government Code Section 87100 has occurred may be set aside as void pursuant to Government ,Code Section 91003. - 11 ATTACHMENT (REGULATIONS AS OF 6/17/80.