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HomeMy WebLinkAboutCC RESO 2020-181RESOLUTION NO. 2020 - 181 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE AMENDED CITY CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL OF CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a standard model Conflict of Interest Code, 2 California Code of Regulations Section 18730, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act of 1974 after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and WHEREAS, the City of National City has adopted the standard model and amended its Conflict of Interest Code in 2018 by Resolution Number 2018-171; and WHEREAS, Section 87306.5 of the Act requires that no later than October 1 of each even -numbered year, the code reviewing body (the City Council is the "code reviewing body" for all agencies in the City, including the CDC) shall cause a review of its conflict of interest code to occur, and for the code to be amended if necessitated by changed circumstances; and WHEREAS, the City has reviewed its current Conflict of Interest Code to determine whether any changes are necessitated by current circumstances; and WHEREAS, the City of National City has determined that changes are necessary and have amended the attached Appendix to accurately reflect those changes which should be designated and the categories of financial interests which should be made reportable. NOW, THEREFORE, BE IT RESOLVED that except for Section 9.5 thereof pertaining to state officers and employees, the terms of 2 California Code of Regulations Section 18730, attached hereto as Exhibit "A", and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of National City. Resolution No. 2020 — 181 Page Two BE IT FURTHER RESOLVED that Resolution No. 2018-171 is hereby rescinded. PASSED and ADOPTED this 15th day of September, 20 IPA1 •%te i.: ATTEST: Michael R. Dal , City Clerk APPROVED AS TO FORM: Morris -Jones, Ci y At Alejandra ayor Passed and adopted by the Council of the City of National City, California, on September 15, 2020 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California OJ City Clerk of the City of Mona' City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-181 of the City of National City, California, passed and adopted by the Council of said City on September 15, 2020. City Clerk of the City of National City, California By: Deputy EXHIBIT A APPENDIX CONFLICT OF INTEREST CODE FOR THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY — HOUSING AUTHORITY, AND THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY PURPOSE. This Code is adopted pursuant to the provisions of Government Code Section 87300, et seq., to provide for the disclosure or prevention of all foreseeable potential conflicts of interest; to provide effected persons with clear and specific statements of their duties under the Code; and to differentiate between designated persons with different powers and responsibilities. The requirements hereof are in addition to the other requirements of the Political Reform Act and other State and local laws pertaining to conflicts of interest, including the general prohibition against conflicts of interest found in Government Code Section 87100. II. GENERAL PROVISIONS. A. When a person is required to disclose investments and sources of income, that person must disclose investments in business entities and sources of income that do business in the jurisdiction, or have done business in the jurisdiction within the past 12 months (Initial Statement and Assuming Office Statement) or calendar year (Annual Statement). In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. B. When a person is required to disclose interests in real property, that person must disclose real property that is located in whole or in part within the boundaries of the City of National City. C. When a person is required to disclose business positions, that person must disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. III. DISCLOSURE. The persons listed below have been designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests within their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments. The persons listed below are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions." Resolution No. 2020- 1 Conflict of Interest Code Appendix The Disclosure Categories are: CATEGORY 1: Investments and sources of income. CATEGORY 2: Interests in real property. CATEGORY 3: Investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the department. CATEGORY 4: Investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property. CATEGORY 5: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, materials, machinery, or equipment. CATEGORY 6: Investments in business entitles and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's department to provide services, supplies, materials, machinery, or equipment. CATEGORY 7: Business positions. The persons designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests with their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments are: DESIGNATED POSITION 1. Mayor, Councilmembers 2. Chairman and Members of the Community Development Commission 3. Chairman and Members of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency 4. City Manager 5. City Attorney/ Community Development Commission Attorney/Successor Agency Attorney 6. City Treasurer 7. Director of Administrative Services DISCLOSURE CATEGORIES */ */ */ */ */ */ */ Resolution No. 2020- 2 Conflict of Interest Code Appendix DESIGNATED POSITION DISCLOSURE CATEGORIES 8. Director of Finance */ 9. Financial Services Officer w/ 10. Planning Commission */ 11. Advisory and Appeals Board 1, 2, 3, 4, 5, 6, 7 12. Assistant City Attorney/Senior Assistant City Attorney 1, 2, 3, 4, 5, 6, 7 13. Assistant Chief of Police 1, 2, 3, 4, 5, 6, 7 14. Assistant City Manager 1, 2, 3, 4, 5, 6, 7 15. Assistant Engineer - Civil 1, 2, 3, 4, 5, 6, 7 16. Assistant Director of Public Works/Engineering 1, 2, 3, 4, 5, 6, 7 17. Associate Engineer - Civil 1, 2, 3, 4, 5, 6, 7 18. Battalion Chief / Fire Marshall 1, 2, 3, 4, 5, 6, 7 19. Budget Manager 1, 2, 3, 4, 5, 6, 7 20. Building Inspector 1, 2, 3, 4, 5, 6, 7 21. Building Official 1, 2, 3, 4, 5, 6, 7 22. Buyer 1, 2, 3, 4, 5, 6, 7 23. City Clerk (includes Records Management Officer) 1, 2, 3, 4, 5, 6, 7 24. Chief of Emergency Services 1, 2, 3, 4, 5, 6, 7 25. City Engineer 1, 2, 3, 4, 5, 6, 7 26. City Librarian 1, 2, 3, 4, 5, 6, 7 27. Civil Service Commission 1, 2, 3, 4, 5, 6, 7 28. Confidential Assistant at Will (Mayor's Assistant) 1, 2, 4, 5, 7 29. Community and Police Relations Commission 1, 2, 3, 4, 5, 6, 7 30. Community Development Manager 1, 2, 3, 4, 5, 6, 7 31. Community Development Specialist II 1, 2, 3, 4, 5, 6, 7 32. Community Development Specialist III 1, 2, 3, 4, 5, 6, 7 33. Community Services Director 1, 2, 3, 4, 5, 6, 7 34. Deputy City Attorney 1, 2, 3, 4, 5, 6, 7 Resolution No. 2020- 3 Conflict of Interest Code Appendix 35. Deputy City Clerk 36. Deputy City Manager 37. Deputy Director of Human Resources 38. Director of Building and Safety DESIGNATED POSITION 39. Director of Community Development 1,2,3.4.5.6,7 1.2.3.4,5,6.7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 DISCLOSURE CATEGORIES 1,2,3,4,5,6,7 40. Director of Emergency Services 1, 2, 3, 4, 5, 6, 7 41. Director of Housing and Economic Development 42. Director of Human Resources 43. Director of Neighborhood Services 44. Director of Planning 45. Director of Public Works 46. Equipment Maintenance Supervisor 47. Executive Assistance III (When assigned to Mayor's, City Manager's, or City Attorney's Office) 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,4,5,7 48. Executive Assistance IV 1, 2, 4, 5, 7 (When assigned to Mayor's, City Manager's, or City Attorney's Office) 49. Executive Director: Community Development Commission — Housing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency 50. Facilities Maintenance Supervisor 51. Fire Battalion Chief 52. Fire Chief 53. Housing and Community Development Committee 54. Housing Programs Manager 55. Library Board of Trustees 56. Management Analyst I 57. Management Analyst II 58. Management Analyst III 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 Resolution No. 2020- 4 Conflict of Interest Code Appendix 59. Information Technology Manager 1, 2, 3, 4, 5, 6, 7 60. Neighborhood Council Coordinator 1, 2, 3, 4, 5, 6, 7 61. Neighborhood Services Manager 1, 2, 3, 4, 5, 6, 7 62. Nutrition Program Manager 1, 2, 3, 4, 5, 6, 7 DESIGNATED POSITION DISCLOSURE CATEGORIES 63. Park Superintendent 1, 2, 3, 4, 5, 6, 7 64. Park Supervisor 1, 2, 3, 4, 5, 6, 7 65. Police Captain 1, 2, 3, 4, 5, 6, 7 66. Police Chief 1, 2, 3, 4, 5, 6, 7 67. Police Lieutenant 1, 2, 3, 4, 5, 6, 7 68. Police Support Services Manager 1, 2, 3, 4, 5, 6, 7 69. Principal Civil Engineer 1, 2, 3, 4, 5, 6, 7 70. Principal Librarian 1, 2, 3, 4, 5, 6, 7 71. Principal Planner 1, 2, 3, 4, 5, 6, 7 72. Project Officer 1, 2, 3, 4, 5, 6, 7 73. Property Agent 1, 2, 3, 4, 5, 6, 7 74. Purchasing Agent 1, 2, 3, 4, 5, 6, 7 75. Recreation Superintendent 1, 2, 3, 4, 5, 6, 7 76. Risk Manager 1, 2, 3, 4, 5, 6, 7 77. Senior Accountant 1, 2, 3, 4, 5, 6, 7 78. Senior Building Inspector 1, 2, 3, 4, 5, 6, 7 79. Senior Code Conformance Officer 1, 2, 3, 4, 5, 6, 7 80. Street and Wastewater Maintenance Superintendent 1, 2, 3, 4, 5, 6, 7 81. Street Maintenance Supervisor 1, 2, 3, 4, 5, 6, 7 82. Traffic Engineer 1, 2, 3, 4, 5, 6, 7 83. Wastewater Supervisor 1, 2, 3, 4, 5, 6, 7 Resolution No. 2020- 5 Conflict of Interest Code Appendix 84. Consultants: If designated in their contracts, for the categories 1, 2, 3, 4, 5, 6, 7 specified in their contracts by the City Council, the CDC Board, City Manager, Executive Director or Purchasing Agent. */ These positions file disclosure statements as required by Government Code Sections 87200-87210. They are listed here for disqualification purposes only. See Government Code Section 87200 for disclosure requirements. Resolution No. 2020- 6 Conflict of Interest Code Appendix