Resolution No. 97111
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RESOLUTION NO: 9711
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ADOPTING A CONFLICT OF INTEREST CODE FOR THE
CITY OF VERNON THAT INCORPORATES BY REFERENCE THE
STANDARD MODEL CONFLICT OF INTEREST CODE OF THE
FAIR POLITICAL PRACTICES COMMISSION
WHEREAS, the Political Reform Act (Government Code Sections
81000, et seq.) requires state and local government agencies to adopt
and promulgate conflict of interest codes; and
WHEREAS, the Fair Political Practices Commission (the
"FPPC") has adopted a regulation (2 Cal. Code of Regulations Section
18730) that contains the terms of a standard conflict of interest code
and may be incorporated by reference in an agency's code; and
WHEREAS, the standard conflict of interest code may be
amended by the FPPC after public notice and hearing to conform to
amendments in the Political Reform Act; and
WHEREAS, Section 4.5 of the Charter of the City of Vernon
provides that regulations pertaining to any subject or model codes may
be adopted by reference, in their original form or with amendments;
land
WHEREAS, the City Council of the City of Vernon desires to
adopt by reference the terms of 2 Cal. Code of Regulations Section
18730; and
WHEREAS, in accordance with Government Code Sections 87306
and 87306.5, the Conflict of Interest Code has been reviewed; and
WHEREAS, the City Council of the City of Vernon has deleted,
added and/or modified certain job titles and wishes to amend its
(Conflict of Interest Code to reflect current positions for designated
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or:A
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lemployees required to report financial interests under designated
disclosure categories.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
land correct.
SECTION 2: The City Council of the City of Vernon hereby
adopts by reference the terms of 2 Cal. Code of Regulations Section
18730 and any amendments to it duly adopted by the FPPC. This
regulation and Appendix No. 1 that is attached hereto and incorporated
by reference designating positions, and establishing disclosure
requirements, shall constitute the Conflict of Interest Code of the
City of Vernon.
SECTION 3: The following positions are not covered by this
Conflict of Interest Code because those individuals holding these
positions must file under Government Code Section 87200 and,
therefore, are listed for informational purposes only: Board Members,
Alternate Board Members, Executive Director, Chief Financial Officer_
and Consultants (those involved in the investment of public funds).
Individuals holding the above -listed positions may contact the Fair
Political Practices Commission for assistance or written advice
regarding their filing obligations if they believe that their position
has been categorized incorrectly. The Fair Political Practices
Commission makes the final determination whether a position is covered
by Government Code Section 87200.
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SECTION 4: The City Council of the City of Vernon hereby
delegates the authority to carry out the duties of filing officer to
the City Clerk and individuals holding designated positions shall file
their statements with the City Clerk, who will retain the statements
and make the statements available for public inspection and
reproduction pursuant to Government Code Section 81008.
SECTION 5: The City Council of the City of Vernon hereby
repeals all resolutions or parts of resolutions in conflict herewith.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 6th day of October, 2008.
AT "
MA UELA GIRON, ity Clerk
Name: Loonis C. Malburg
Title: Mayor /. May(=-)r Pro-Ta-R+
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, Acting City Clerk of the City of Vernon, do
hereby;certify that the foregoing Resolution, being Resolution No.
9711, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Monday, October 6,
2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of
the City of Vernon.
(SEAL)
MANUELA GIRON, City Clerk
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APPENDIX NO. 1
"Income" by definition includes loans, gifts and travel payments.
"Makes" a decision means such things as voting on a matter,
approving the budget, adopting policy, making purchasing decisions and
entering into contracts.
"Participates" means such things as negotiating the terms of a
contract, writing the specifications of a bid, advising or making
recommendations to the decision -maker or governing body.
The positions listed below are designated positions in the City
of Vernon, officers and employees holding these positions are
designated employees and are deemed to make, or participate in the
making of, decisions which may foreseeably have a material effect on
the financial interests
DESIGNATED POSITIONS* DISCLOSURE
CATEGORIES
BUSINESS SERVICES & PURCHASING
DIRECTOR OF BUSINESS SERVICES & 1,2,6
PURCHASING/PURCHASING AGENT
PURCHASING ASSISTANT 6
CITY CLERK:
CITY CLERK 1,2
COMMUNITY SERVICES & WATER:
DIRECTOR OF COMMUNITY SERVICES & WATER
1,2,3,4,E
DEPUTY DIRECTOR OF COMMUNITY SERVICES &
1,2,3,4
WATER
PRINCIPAL CIVIL ENGINEER
1,2,3
CIVIL ENGINEER
1,2,3
SENIOR ELECTRICAL INSPECTOR
3
ENGINEERING ASSOCIATE
3
WATER OPERATIONS SUPERVISOR
3
PROJECT ENGINEER
3
PLAN CHECKER
3
FOREMAN
3
ENGINEERING ASSISTANT
3
ELECTRICAL INSPECTOR
3
MECHANICAL AND PLUMBING INSPECTOR
3
Appendix No. 1
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DESIGNATED POSITIONS*
DISCLOSURE
CATEGORIES
BUILDING INSPECTOR
3
PUBLIC WORKS & WATER SUPERINTENDENT
3
FINANCE:
ASSISTANT FINANCE DIRECTOR
1,2
CONTROLLER
1,2
ASSISTANT CONTROLLER
1,2
FIRE DEPARTMENT:
CHIEF
1,2,4,E
BATTALION CHIEF(S)
1,2
HEALTH & ENVIRONMENTAL CONTROL:
DIRECTOR OF HEALTH & ENVIRONMENTAL CONTROL
1,2,3,E
CHIEF DEPUTY DIRECTOR OF HEALTH &
1,2,3
ENVIRONMENTAL CONTROL
SENIOR ENVIRONMENTAL SPECIALIST
1,2,3
HUMAN RESOURCES:
DIRECTOR OF HUMAN RESOURCES
6
INDUSTRIAL DEVELOPMENT:
DIRECTOR OF INDUSTRIAL DEVELOPMENT
1,2,4,E
LIGHT & POWER & GAS:
DIRECTOR OF LIGHT & POWER
1,2,4,E
MANAGER(S)
1,2
RESOURCE SCHEDULER(S)
6
ASSOCIATE RESOURCE SCHEDULER(S)
6
SYSTEMS COORDINATOR(S)
6
PERSONNEL:
DIRECTOR OF PERSONNEL
1,2,6
POLICE DEPARTMENT:
CHIEF
1,2
CAPTAIN(S)
1,2
LIEUTENANT(S)
1,2
RISK MANAGEMENT:
RISK MANAGER
1,2
ALL DEPARTMENTS:
CONSULTANTS**
3
Appendix No. 1
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* With respect to the City Council Members, the City
Administrator, the Finance Director, the City Treasurer and the City
Attorney, disclosures shall be made to the Fair Political Practices
Commission in accordance with its procedures and not with the City
JClerk of the City of Vernon.
** With respect to consultants, the Department Head may
determine, in writing, that a particular consultant, although a
"designated position," is hired to perform a range of duties that are
limited in scope and thus is not required to 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 Department Head'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. Nothing
contained herein excuses any such consultant from any other provision
of this Conflict of Interest Code.
When a designated employee is required to disclose investments
and sources of income, he need only disclose investments in business
entities and sources of income which do business in the jurisdiction,
plan to do business in the jurisdiction or have done business in the
jurisdiction within the past two years. In addition to other
activities, a business entity is doing business within the
jurisdiction if it owns real property within the jurisdiction. When a
designated employee is required to disclose interests in real
property, he need only disclose real property which is located in
whole or in part within or not more than two miles outside the
boundaries of the jurisdiction or within two miles of any land owned
Appendix No. 1
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or used by the local government agency.
DISCLOSURE CATEGORIES
Individuals holding designated positions must report their
interests according to the following corresponding disclosure
category(ies) to which their position has been assigned.
Disclosure Categories
Category 1: All investments and sources of income.
(Schedules A-1 through F)
Category 2: All interests in real property. (Schedules B
and C)
Category 3: All investments, interests in real property
and sources of income subject to the
regulatory, permit or licensing authority of
the City. (Schedules A-1 through F to the
extent applicable)
Category 4: Investments in business entities and sources
of income which engage in land development,
construction or the acquisition or sale of
real property. (Schedules A-1 through F to
the extent applicable)
Category 5: Interests in real property located within
two miles of any land owned or used by the
City. (Schedules B and C to the extent
applicable)
Category 6: Investments in business entities and sources
of income of the type which, within the past
two years, have contracted with the City to
provide services, supplies, materials,
machinery or equipment (Schedules A-1
through F to the extent applicable)
Appendix No. 1
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: October 21, 2008
TO: Rory Burnett, Finance Director
Sharon Duckworth, City Treasurer
Masami Higa, Internal Control Manager/Controller
Avigal Horrow, Human Resources Director
Joaquin Leon, Assistant Finance Director
Donal O'Callaghan, Director of Light & Power
Lewis Pozzebon, Director of Environmental Health
Steve Towles, Chief of Police
Martha Valenzuela, Director of Personnel/Purchasing Agent
Mark Whitworth, Fire Chief
Kevin Wilson, Director of Community Services & Water
Willard Yamaguchi, Chief Deputy City Attorney/Risk Manager
FROM: Nelly Giron, City Clerk
RE: Resolution No. 9711 - A Resolution of the City Council of
the City of Vernon Adopting a Conflict of Interest Code for
the City of Vernon that Incorporates by Reference the
Standard Model Conflict of Interest Code of the Fair
Political Practices Commission
Transmitted herewith is a copy of Resolution No. 9711 referenced
above, which was approved by City Council on October 6, 2008.
Thank you.
NG:dr
c: Resolution File No. 9711