HomeMy WebLinkAboutCC RESO 2022-128 Conflict of Interest Code Biennial Update Repealing Resolution No. 2020-181RESOLUTION O1 2022 128
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 (FPPC)
STANDARD MODEL OF CONFLICT OF INTEREST CODE, REPEALING
RESOLUTION NO. 2020-181
WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000, et
seq., requires every state or local government agency to adopt and promulgate a Conflict of
Interest Code that designates positions and financial interests that be disclosed by those
positions; and
WHEREAS, S, designated positions shall file Statement of Economic Interest within the
City Clerk through the City Electronic Filing System "NetFile" and are available for public
inspection upon acceptance in the system, and reproduction per Government Code Section
81008; and
WHEREAS, S, Conflict of Interest statements are retained per the City Records
Retention Code and FPPC Regulations 18944 and 18944.1, and Government Code Sections
81009, and 84 1 ; and
WHEREAS, EAS, 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 ent.s in the
Political Reform Act of 1974 after public notice and hearings conducted by the Fair Political
Practices Commission (FPPC) 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 2020 by Resolution Number ber 2020-181; and
WHEREAS, Section 87306.5 of the Act requires that no later than October 3 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, S, the Conflict of Interest Code differentiates between designated positions
with different powers and responsibilities and requires disclosure of all foreseeable Conflict
of Interest; and
WHEREAS, the City of National City has determined that changes are necessary to
reflect the addition and/or deletion of certain positions 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.
Resolution No. 2022 — 128
Page Two
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section : That the above recitals are true and correct.
Section 2: That the standard FPPC Conflict of Interest Code, as set forth in Title
California Code of Regulations Section 18730, and as may be amended from time to time by
the FPC, is incorporated by reference and constitutes the Conflict of Interest Code for the
City of National City.
Section 3: That the list of designated positions subject to the requirements of the
Conflict of Interest Code are amended, including their respective disclosure categories are
set forth in Appendix A.
Section 4: That the City of National City has conducted the 2020 Biennial Review of
its Conflict of Interest Code, as required by the Political Reform Act, and as a result of the
biennial review determined the need for an amended Conflict of interest Code as presented
in this resolution.
Section 5: The City Clerk shall certify the passage and adoption of this Resolution
and enter it into the book of original Resolution.
PASSED and ADOPTED this 2nd day of August1 09
2gritAg
Alejandra S. -11r o1is, Mayor
ATTEST:
Luz Molina, City erk
APPROVED AS TO FORM:
Barry J.,�cl�[.iltz, Interim ty Attorney
Passed and adopted by the City Council of the City of National City, California. on
August 2, 2022 by the following vote, to -wit:
Ayes: s t lo-Solis, Bush, Morrison, Rios, Rodriguez
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA S TELO-S LIS
Mayor of the City of National City, California
Luz Molina
City Clerk of the City of National City, California
BY l 1,1 D„
LUA,kjL:§Ifefley Chapel,
Deputy pity Clerk
EXHIBIT A
CITY OF NATIONAL CITY CONFLICT OF INTEREST CODE
DESIGNATED CODE FILER POSITIONS
GENERAL PROVISIONS
When a designated employee or individual is required to disclose investments, business
positions and sources of income, they need only disclose investments in business entities and
sources of income which do business in the City, plan to do business in the City or have done
business in the City within the past two (2) years. In addition to other activities, a business
entity is doing business within the City if it owns real property within the City. When a
designated employee or individual is required to disclose real property they need only
disclose that which is located in whole or in part, within or not more than two (2) miles outside
the boundaries of the City or within two (2) miles of any land owned or used by the City.
Designated employees or individuals shall disclose their financial interest pursuant to the
appropriate disclosure category as indicated in Exhibit "A".
> All designated employees required to submit an initial Statement of Interest Form
700 shall file electronically including electronic signature with the City Clerk within
thirty (30) days after the effective date of this resolution. Initial filings shall cover the
period of the twelve (12) months prior to the date of the adoption of this Conflict of
Interest Code.
➢ All individuals appointed, promoted, or transferred to a designated position shall file
statements within thirty (30) days of assuming office. These "assuming office"
statements cover the period of the twelve (12) months prior to the date of assuming
office statement.
> When an individual is in an "interim or acting" capacity, they are subject to the same
disclosure requirements of the position in which they are filling. An assuming office
would be filed.
> Annual statements shall be filed with the City Clerk by April 1 of each year by all
designated employees, elected officials, Committee/Board/ Commission members
or individuals. Such statements shall cover the period of the preceding calendar
year.
> Every designated employee who leaves office shall file, within thirty (30) days of
leaving office, a statement disclosing financial interests held or received at any time
during the period between the closing date of the last statement required to be filed
and the date of leaving office.
➢ Any individual serving in dual roles may file a combined statement by reporting
according to their broadest range of disclosure.
➢ Failure to file the required statement in a timely fashion may result in the imposition
of administrative, criminal, and civil sanctions as provided in Government Code
Sections 81000-91014.
Resource: Title 2, California Code of Regulations, Section 18730 Provisions of Conflict of
Interest Codes.
EXHIBIT A
DISCLOSURE CATEGORIES CATEGORY
Category 1: Disclose all business entities and non-profit organizations in which investments,
business positions (i.e. director, officer, partner, trustee, employee or hold any position of
management) and sources of income including gifts, loans and travel payments located in
National City, including property located within a two-mile radius of any property owned or used
by the City of National City.
Example: Accountants, Board Members, City Council, Chief Executives (Directors), Fire Chief,
Fire Battalion Chief, Engineers, and 87200 filers such as City Council.
Category 2: All interests in real property within the jurisdiction of the City.
Example: Community Development and or Planning Director, Appraiser, Building Inspectors,
Planning Commission and Fire Inspector and 87200 filers such as City Council
Category 3: All investments, business positions in business entities, non-profit organizations and
sources of income, including gifts, loans and travel payments, interest in real property and sources
of income subject to the regulatory, permit or licensing authority of the specific City department.
Example: Risk Manager, Building Inspectors, Engineer, Plan Check, and 87200 filers such as City
Council
Category 4: All investments in business entities, non-profit organizations and sources of income,
including gifts, loans and travel payments, and sources of income which engage in land
development, construction or the acquisition of real property, and interests in real property located
in National City, including property located within a two-mile radius of any property owned or used
by the City of National City.
Example: Purchasing Agent, Fire Marshall, Fire Captain, Building Inspector, and 87200 filers such
as City Council
Category 5: All investments in business entities, non-profit organizations in which investments,
business positions (i.e. director, officer, partner, trustee, employee or hold any position of
management) and sources of income including gifts, loans and travel payments, and of the type
which contracts with the City to provide services, supplies, materials, machinery or equipment to
any City department.
Example: Fleet or Facilities Supervisor, IT, Building Inspector, and 87200 filers such as City
Council
Category 6: All investments in business entities and sources of income of the type which
contracts with the City to provide to the designated employee's department services, supplies,
materials, machinery or equipment to any City department.
Example: Fleet or Facilities Supervisor, IT, and 87200 filers such as City Council.
Category 7: All investments, positions in business entities, income including gifts, loans and
travel payments, and income from non-profit organizations, if the sources is the type that receives
grants or other monies from or through the City.
Example: Grants Coordinator, Parks & Recreation Deputy Director, Parks & Recreation
Supervisors, Police Captain, and 87200 filers such as City Council.
Unlimited Disclosures: 87200 Category are required to file full disclosure of all categories
pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code sections 87200,
et. seq. Position meets criteria in Regulation 18700.3 as a public investment manager.
Example: City Council, Planning Commissioners, City Manager, City Attorney, City Treasurer,
and other public officials who manage public investments and candidates for any of these offices
at any election comply with the provisions of the Political Reform Act relating to the filing of
Statements of Economic Interests. All such positions are deemed as 87200 Designated
Positions.
CONSULTANTS
The staff person most knowledgeable of the work that a Consultant will be performing shall
designate whether or not the Consultant must file a Statement of Economic Interest by
marking the appropriate box on the Agreement. When determined that a Consultant is
designated and is responsible for disclosure, they shall be required to file a Statement of
Economic Interest disclosing reportable interests subject to all disclosure categories.
Consultants who make (not just recommend) governmental decisions, such as whether to
approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit,
license, application, certificate or similar authorization, adopt or grant City approval to a plan,
design, report, study, or adopt or grant City approval of policies, standards, or guidelines for
the City or any subdivision thereof shall be required to disclose. Consultants who act in a staff
capacity with the City, and in that capacity perform the same or substantially all the same
duties for the City that would otherwise be performed by an individual holding a designated
position in the City's Conflict of Interest Code, shall disclose at the same level as the
comparable designated position identified.
APPENDIX A
National City Positions and Disclosure Categories
CURRENT POSITIONS
FORMER
DISCLOSUR LL-
CATEGORIE
2020
eUGGESTED
I ISCLOSURE
ATEGORIES
2022
Accountant
None
1,2,4,5
Assistant City Attorney
1,2,3,4,5,6,7
1,2,3,5,7
Assistant City Manager
1,2,3,4,5,6,7
1,2,3,5,7
Assistant Engineer — Civil
1,2,3,4,5,6,7
1,2,3,5,7
Associate Planner
None
3,4
Battalion Chief
1,2,3,4,5,6,7
2
Budget Manager
1,2,3,4,5,6,7
1,2,3,4,5,6,7
Buyer
1,2,3,4,5,6,7
2,4,5,7
City Attorney
87200
87200
City Clerk
1,2,3,4,5,6,7
1,2,6
City Manager
87200
87200
City Treasurer
87200
87200
Code Conformance Officer II
None
3
Community Development Manager
1,2,3,4,5,6,7
1,2,6,7
Community Development Specialist II
1,2,3,4,5,6,7
2
Community Development Specialist III
1,2,3,4,5,6,7
1,2,4,5,7
Community Services Manager
None
1,3,6,7
Confidential Assistant
1,2,4,5,7
1,2,3,5,7
City Councilmember
87200
87200
Deputy City Attorney
1,2,3,4,5,6,7
1,2,3,5,7
Deputy City Clerk
1,2,3,4,5,6,7
1,2,6
Deputy Fire Marshall
None
1,2,6
Director of Housing & Economic Development
1,2,3,4,5,6,7
1,2,6,7
Director of Administrative Services
1,2,3,4,5,6,7
1,2,5,7
Director of Community Development
1,2,3,4,5,6,7
1,2,5,7
Director of Emergency Services
1,2,3,4,5,6,7
1,2,5,7
Director of Library and Community Services
1,2,3,4,5,6,7
1,2,5,7
Director of Public Works/City Engineer
1,2,3,4,5,6,7
1,2,5,7
Equipment Maintenance Supervisor
1,2,3,4,5,6,7
5
Executive Assistant II
None
3,6
Executive Assistant IV
1,2,4,5,7
1,2,5,7
Executive Secretary
None
1,2,5,7
Financial Services Officer
None
1,2,5,7
Fire Battalion Chief
1,2,3,4,5,6,7
2,4,5,7
Fire Inspector
None
2,4,5
Housing Programs Manager
1,2,3,4,5,6,7
1,3,6,7
HR Resources Analyst
1,2,3,4,5,6,7
REMOVE
HR Director
1,2,3,4,5,6,7
1,2,5,7
HR Manager
1,2,3,4,5,6,7
1,5,7
IT Analyst
None
3,4,6
IT Manager
1,2,3,4,5,6,7
4,6,7
Management Analyst II
1,2,3,4,5,6,7
1,3,4,6
CURRENT POSITIONS
Management Analyst III
FORMER
DISCLOSURE
CATEGORIES
2020
1,2,3,4,5,6,7
SUGGESTED
DISCLOSURE
CATEGORIES
2022
1,3,4,6
Mayor
87200
87200
Neighborhood Services Manager
1,2,3,4,5,6,7
1,3,4,6
Nutrition Programs Manager
1,2,3,4,5,6,7
6
Park Superintendent
1,2,3,4,5,6,7
3,4,6
Park Supervisor
1,2,3,4,5,6,7
3,4,6
Planning Commissioner
87200
87200
Planning Manager
None
1,3,6,7
Police Captain
1,2,3,4,5,6,7
1,2,3,6,7
Police Chief
1,2,3,4,5,6,7
1,2,3,6,7
Police Lieutenant
1,2,3,4,5,6,7
1,2,6
Police Operations Assistant
None
3,5
Police Records Clerk
None
3
Police Records Supervisor
1,2,3,4,5,6,7
3,5,6
Police Support Services Manager
1,2,3,4,5,6,7
3
Principal Civil Engineer
1,2,3,4,5,6,7
1,3,5
Principal Librarian
1,2,3,4,5,6,7
6,7
Principal Planner
1,2,3,4,5,6,7
1,2
Property Agent
1,2,3,4,5,6,7
1,2,6,7
Recreation Supervisor
None
6
Senior Accountant
1,2,3,4,5,6,7
1,2
Senior Accounting Assistant
None
1,4,5,7
Senior Construction Inspector
1,2,3,4,5,6,7
3
Senior Information Technology Analyst
None
1,3,4,6
Street and Wastewater Maintenance Supervisor
1,2,3,4,5,6,7
3,4,5
Stop Grant Office Coordinator
None
3
Training Coordinator
None
3
BOARDS/COMMISSIONS/COMMITTEES
FORMER
DISCLOSURE
CATEGORIE `
2020
SUGGESTED
DISCLOSURE
CATEGORIES
2022
Board of Libra Trustee Member
1,2,3,4,5,6,7
1
Civil Service Commissioner
1,2,3,4,5,6,7
1
Communit & Police Relations Commissioner
1,2,3,4,5,6,7
1
Housing Advisory Committee Member
1,2,3,4,5,6,7
1,2,3,4,5,6,7
Planning Commissioner
87200
87200
Port Commission
None
1,2,4,7
Public Art Committee
None
3,7
Traffic Safety Committee
None
3,4