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Resolution No. 2012-225RESOLUTION NO. 2012-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING THE 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_ CodeS_e_ct_i-ons 81000, et seq.), requires state and local government agencies to adopt and promulgate conflict of interest codes for each department of the City; 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 as the City'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; and WHEREAS, on October 6, 2008, the City Council of the City of Vernon adopted Resolution No. 9711, adopting 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 employees 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 above recitals are true and 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. That Regulation, along with Appendix.No. 1, designating positions and establishing disclosure requirements, which is attached hereto and incorporated by reference, 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 individuals holding these positions must file under Government Code Section 87200, and, therefore, are listed for informational purposes only: mayor, city administrator, city.attorney, city treasurer, chief administrative officer, city council members, and other public officials who manage public investments. Individuals holding the above -listed positions may contact the FPPC for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by Government Code Section 87200. 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 2 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, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 20th day of November, 2012. Name: William J..Davis AT Dana�-`Reed, Intelrim City Clerk Title : Mayor / i•._r Prn�, 3 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-225, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of,the City Council duly held on Tuesday, November 20, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 0)day of November, 2010, at Vernon,.California. (SEAL) ]3PIYa Reed, Interim City Clerk -4_ APPENDIX NO. I The positions listed below are designated positions in the City of Vernon. DESIGNATED POSITIONS DISCLOSURE CATEGORIES BUSINESS SERVICES & PURCHASING: DIRECTOR OF BUSINESS SERVICES & PURCHASING 1,2,3 PURCHASING AGENT 1,2,3 PURCHASING ASSISTANT 3 CITY ADMINISTRATION: ASSISTANT TO CITY ADMINISTRATOR 1,2,3 CITY ATTORNEY: CHIEF DEPUTY CITY ATTORNEY 1,2,3 DEPUTY CITY ATTORNEY 1,2,3 CITY CLERK: CITY CLERK 1,2,3 COMMUNITY SERVICES & WATER: DIRECTOR OF COMMUNITY SERVICES 1,2,3 DEPUTY DIRECTOR OF COMMUNITY SERVICES 1,2,3 DIRECTOR OF WATER 1,2,3 DEPUTY DIRECTOR OF WATER 1,2,3 PRINCIPAL CIVIL ENGINEER 1,2,3 CIVIL ENGINEER 1,2,3 SENIOR ELECTRICAL INSPECTOR 1,2,3 ENGINEERING ASSOCIATE 1,2,3 PROJECT ENGINEER 1,2,3 PLAN CHECKER 1,2,3 FOREMAN 1,2,3 ENGINEERING ASSISTANT 1,2,3 ELECTRICAL INSPECTOR 1,2,3 MECHANICAL AND PLUMBING INSPECTOR 1,2,3 BUILDING INSPECTOR 1,2,3 PUBLIC WORKS & WATER SUPERINTENDENT 1,2,3 CHIEF CODE INSPECTOR 1,2,3 CODE INSPECTOR 1,2,3 CODE ENFORCEMENT INSPECTOR 1,2,3 FINANCE: ASSISTANT FINANCE DIRECTOR 1,2,3 SENIOR ACCOUNTING MANAGER 1,2,3 FIRE DEPARTMENT: CHIEF 1,2,3 ASSISTANT FIRE CHIEF 1,2,3 BATTALION CHIEF(S) 1,2,3 FIRE MARSHAL 1,2,3 CODE INSPECTOR 1,2,3 HEALTH & ENVIRONMENTAL CONTROL: DIRECTOR OF HEALTH & ENVIRONMENTAL CONTROL 1,2,3 CHIEF DEPUTY DIRECTOR OF HEALTH & 1,2,3 ENVIRONMENTAL CONTROL SENIOR ENVIRONMENTAL SPECIALIST 1,2,3 HUMAN RESOURCES: DIRECTOR OF HUMAN RESOURCES 1,2,3 INDUSTRIAL DEVELOPMENT: DIRECTOR OF INDUSTRIAL DEVELOPMENT 1,2,3 LIGHT & POWER & GAS: DIRECTOR OF LIGHT & POWER 1,2,3 DIRECTOR OF LIGHT & POWER CAPITAL PROJECTS 1,2,3 MANAGERS) 1,2,3 RESOURCE SCHEDULER(S) 3 ASSOCIATE RESOURCE SCHEDULER(S) 3 SYSTEMS COORDINATORS) 3 .ELECTRIC DISPATCHERS) 3 PERSONNEL: DIRECTOR OF PERSONNEL 1,2,3 POLICE DEPARTMENT: CHIEF 1,2,3 CAPTAIN(S) 1, 2 , 3 LIEUTENANT(S) 1,2,3 RISK MANAGEMENT: RISK MANAGER 1,2,3 ALL DEPARTMENTS: CONSULTANTS _6_ * Consultants who fill a "designated position" must file in the same manner as a direct employee filling the same "designated position" would be required to file. With respect to consultants that do not fill a "designated position" listed herein, the City Administrator shall determine in writing if a particular consultant performs a range of duties requiring disclosure under this Code. The City Administrator's written determination shall include a description of the consultant's duties and a statement.of the disclosure required. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the City Council. DISCLOSURE CATEGORIES Individuals holding designated positions must report their interests according to the following corresponding disclosure categories to which their position has been assigned. Disclosure Categories Category 1: All interests in real property within the jurisdiction. Real property shall be deemed to be within the jurisdiction if the property or any part of it is located within.or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the City. Real property used as a primary residence or for personal recreational purposes need not be disclosed. Category 2: All investments and business positions. Category 3: All income and business positions. - 8 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: November 26, 2012 TO: Rory Burnett, Finance Director/City Treasurer Daniel Calleros, Interim Police Chief Kristen Enomoto, Assistant to the City Administrator Carlos Fandino, Director of Light & Power Masami Higa, Assistant Finance Director Alex Kung, Assistant to the City Administrator Joaquin, Leon, Deputy City Treasurer Leonard Grossberg, Director of Health & Environmental Control Teresa McAllister, Director of Human Resources Dana Reed, Interim City Clerk James Rodino, Police Captain Nicholas Rodriguez, City Attorney Martha Valenzuela, Director of Personnel/Business Services Mark Whitworth, City Administrator/Fire Chief Kevin Wilson, Director of Community Services & Water FROM: Deborah Juarez, Records Management Assistant RE: Resolution No. 2012-225— A Resolution of the City Council of the City of Vernon Amending the 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. 2012-225 referenced above, which was approved by City Council on November 20, 2012. Thank you. Attachment c: Resolution No. 2012-225 ozaea -��zs _ RECEIVE® RECEIVED NOV 0 8 2012 Nov 14 2012 CITY CLERK'S OFFICE CITY ADMINISTRATION CITY CLERK'S OFFICE Staff Report DATE: November 8, 2012 - TO: Honorable Mayor and Council members FROM: Dana Reed, Interim City Clerk RE: Conflict of Interest Code Biennial Review Background: The City is required to review its conflict of interest codes on a biennial basis. Revisions may include, but are not limited to, the addition and/or deletion of positions that require filing of a Statement of Economic Interests, Form 700.. The Conflict of Interest Code should include those jobs titles/positions that make or participate in the making of decisions that may have a foreseeable material effect on any financial interest, thereby requiring the filing of a Form 700. Department Heads were given an opportunity to review positions within their department(s), and advise whether changes were necessary. Based on their responses and further review by legal counsel, it is recommended that the following positions be added to the City of Vernon's Conflict of Interest Code: - Assistant to City Administrator Deputy City Attorney - Chief Code Inspector Electric Dispatcher(s) Furthermore, the Chief Assistant City Attorney position is no longer a position within the City. It is recommended that the position be removed from the Conflict of Interest Code. It was determined that no revisions were necessary for the various other agencies, authorities, and commissions Conflict of Interest Codes, but for the sake of establishing a proper record that those Codes were timely reviewed, they will be restated and readopted, without change, at an upcoming, regular meeting of each agency, authority and commission. Recommendation: It is recommended that the City Council adopt an amended City of Vernon Conflict of Interest Code reflecting the recommended changes, as illustrated in Appendix No. 1. Furthermore, it is recommended that the Conflict of Interest Codes of all other agencies, authorities, and commissions be restated at their next regular meetings. APPENDIX NO 1 The positions listed below are designated positions in the City of Vernon. DESIGNATED POSITIONS DISCLOSURE CATEGORIES BUSINESS SERVICES & PURCHASING: DIRECTOR OF BUSINESS SERVICES & PURCHASING 1,2,3 PURCHASING AGENT 1,2,3 PURCHASING ASSISTANT 3 CITY ADMINISTRATION: ASSISTANT TO CITY ADMINISTRATOR 1,2,3 CITY ATTORNEY: ANr GITY TGR77EY CHIEF DEPUTY CITY ATTORNEY 1,2,3 DEPUTY CITY ATTORNEY 1,2,3 CITY CLERK: CITY CLERK 1,2,3 COMMUNITY SERVICES & WATER: DIRECTOR OF COMMUNITY SERVICES 1,2,3 DEPUTY DIRECTOR OF COMMUNITY SERVICES 1,2,3 DIRECTOR OF WATER DEPUTY DIRECTOR OF WATER PRINCIPAL CIVIL ENGINEER 1,2,3 CIVIL ENGINEER 1,2,3' SENIOR ELECTRICAL INSPECTOR 1,2,3 ENGINEERING ASSOCIATE 1,2,3 PROJECT ENGINEER 1,2,3 PLAN CHECKER 1,2,3 FOREMAN 1,2,3 ENGINEERING ASSISTANT 1,2,3 ELECTRICAL INSPECTOR 1,2,3 MECHANICAL AND PLUMBING INSPECTOR 1,2,3 BUILDING INSPECTOR 1,2,3 PUBLIC WORKS & WATER SUPERINTENDENT 1,2,3 CHIEF CODE INSPECTOR 1,2,3 CODE INSPECTOR 1,2,3 CODE ENFORCEMENT INSPECTOR 1,2,3 FINANCE: ASSISTANT FINANCE DIRECTOR 1,2,3 SENIOR ACCOUNTING MANAGER 1,2,3 FIRE DEPARTMENT: CHIEF 1,2,3 ASSISTANT FIRE CHIEF 1,2,3 BATTALION CHIEFS) 1,2,3 FIRE MARSHAL 1,2,3 CODE INSPECTOR 1,2,3 HEALTH ,& ENVIRONMENTAL CONTROL: DIRECTOR OF HEALTH & ENVIRONMENTAL CONTROL 1,2,3 CHIEF DEPUTY DIRECTOR OF HEALTH & 1,2,3 ENVIRONMENTAL CONTROL SENIOR ENVIRONMENTAL SPECIALIST 1,2,3 HUMAN RESOURCES: DIRECTOR OF HUMAN RESOURCES 1,2,3 INDUSTRIAL DEVELOPMENT: DIRECTOR OF INDUSTRIAL DEVELOPMENT 1,2,3 LIGHT ,&,POWER,.&.GAS: DIRECTOR OF LIGHT & POWER 1,2,3 DIRECTOR OF LIGHT & POWER CAPITAL PROJECTS 1,2,3 MANAGER(S) 1,2,3 RESOURCE SCHEDULER(S) 3 ASSOCIATE RESOURCE SCHEDULER(S) 3 SYSTEMS COORDINATOR(S) 3 ELECTRIC DISPATCHER(S) 3 PERSONNEL: DIRECTOR OF PERSONNEL 1,2,3 POLICE DEPARTMENT: CHIEF' 1,2,3 CAPTAIN (S) 1, 2, 3 LIEUTENANT(S) 1,2,3 RISK,MANAGEMENT; RISK MANAGER 1,2,3 ALL DEPARTMENTS: ..CONSULTANTS. * Consultants who fill a "designated position" must file in the same manner as a direct employee filling the same `designated position" would be required to file. With respect to consultants that do not fill a "designated position" listed herein, the City Administrator shall determine in writing if a particular consultant performs a range of duties requiring disclosure under this Code. The City Administrator's written determination shall include a description of the consultant's duties and a statement of the disclosure required. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the City Council. DISCLOSURE CATEGORIES Individuals holding designated positions must report their interests according to the following corresponding disclosure categories to which their position has been assigned. Disclosure Categories Category 1: All interests in real property within the jurisdiction. Category 2: Category 3: Real property shall be deemed to be within the jurisdiction if the property or any part of it is located within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the City. Real property used as a primary residence or for personal recreational purposes need not be disclosed. All investments and business positions. All income and business positions.