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Home My WebLink About07-City Clerk CITY OF SAN BERNODINO - REQUEST FO COUNCIL ACTION From: Rachel Clark, City Clerk Su~ect: Resolution amending Resolution 94-31 reflecting changes to the City's Conflict of Interest Code relating to the require- ment for filing of Statement of Economic Interests forms. Dept: City Clerk Date: November 16, 1994 Synopsis of Previous Council action: 3/1/82 -- Mayor and Council adopted Resolution No. 82-99 which amended the Conflict of Interest Code to incorporate the Fair Political Practices Commission's Standard Model Conflict of Interest Code for the City of San Bernardino. D.>lU' . "F"ICf" The resolution has subsequently been amended by Resolution Nos. 82-402, 83-462, 84-17, 84-428, 85-97, 86-105, 88-420, 89-16, 91-12, 92-466 and 94-31, to change filing requirements of various positions and commissions l.cV l) 4: 02 in the City as outlined in Appendix A and Appendix B. 'lecommended motion: That said resolution be adopted. C(~~ :ontact person: Rachel Clark, City Clerk Phone: 5102 .upporting data attached: Yes Ward: =UNDING REQUIREMENTS: Amount: Source: (Acct. No.) IAcct. Description) Finance: :ouncil Notes: 5-0262 Agenda Item No. 7 CITY OF SAN BERN~DINO - REQUEST FM COUNCIL ACTION '- ... STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Rachel Clark, City Clerk DATE: RE: November 16, 1994 Request for Council Action - Meeting of December 5, 1994 _ Resolution of the City of San Bernardino amending Resolution No. 94-31 entitled in part "Resolution ... amending Conflict of Interest Code ...", by amending Appendices A and B to add, delete and change the titles of various positions within departments of the City which must file Conflict of Interest Statements. ------------------------------------------------------------------- BACKGROUND INFORMATION: On February 21, 1994, the Mayor and Council adopted Resolution No. 94-31 amending Appendices A and B of the City's Conflict of Interest Code. Our current Resolution requires that all designated employees must provide full disclosure in all categories. In late September, City Clerk Rachel Clark and Deputy City Clerk Linda Hartzel attended an FPPC Conflict of Interest Code Seminar. At the seminar we were informed that cities which have adopted conflict of interest codes requiring full disclosure for all designated positions are in violation of Government Code Section 87309 and need to amend their code. Government Code Section 87309 provides that: "No Conflict of Interest Code or amendment shall be approved by the code reviewing body or upheld by a court if it: (a) Fails to provide reasonable assurance that all foreseeable potential conflict of interest situations will be disclosed or prevented; (b) Fails to provide to each affected person a clear and specific statement of his duties under the Code; or (c) Fails to adequately differentiate between designated employees with different powers and responsibilities." The City Clerk's Office notified the Mayor and Council, the Economic Development Agency, and each department/division of the need to amend our list of designated employees. The City is required to amend its code within 90 days from the date of the notice to submit the amended code. i.0264 c .,""" ~ Honorable Mayor and Members of the City Council November 16, 1994 Page Two Sr. Asst. City Attorney Dennis Barlow and I met to recommend changes which would bring us in compliance with FPPC requirements and Government Code provisions outlined above. Then, in late October and early November, we met with each department/division head to carefully review, recommend and make changes to the current list of designated employees and disclosure categories. As a result of these meetings, we are now prepared to present the amendments for the approval of the Mayor and Council. It is recommended that the Mayor and Members of the City Council adopt the form motion. G(~~ Racliel Clark City Clerk Attachment 1"'"''"'- -' '--' 1 RESOLUTION NO. 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 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 94-31 ENTITLED IN PART "RESOLUTION . . . AMENDING CONFLICT OF INTEREST CODE . . .", BY AMENDING APPENDICES A AND B TO ADD, DELETE AND CHANGE THE TITLES OF VARIOUS POSITIONS WITHIN DEPARTMENTS OF THE CITY WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Resolution No. 94-31 Appendix A and Appendix B are amended as set forth in Appendix A and Appendix B attached hereto and incorporated herein as though set forth in full. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1994, by the following vote, to wit: COUNCIL MEMBERS AYES NAYS ABSENT ABSTAIN NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER III III III III 1 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 - ,~/ RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 94-31 ENTITLED IN PART "RESOLUTION . . . AMENDING CONFLICT OF INTEREST CODE . . .", BY AMENDING APPENDICES A AND B TO ADD, DELETE AND CHANGE THE TITLES OF VARIOUS POSITIONS WITHIN DEPARTMENTS OF THE CITY WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS. Rachel Clark, City Clerk The foregoing resolution is hereby approved this day of , 1994. Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: J ~ ~,~.,...'-" ) ,'--- III III III III III III III III 2 r" '-' -...../ 1 APPENDIX A Resolution No. 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 DESIGNATED POSITIONS Administrative Office Assistant City Administrator Animal Control Department Director of Animal Control City AttorneY's Office City Attorney Investigators Deputy City Attorney I Deputy City Attorney II Deputy City Attorney III Deputy City Attorney IV Senior Assistant City Attorney Senior Deputy City Attorney Civil Service Civil Service Board Chief Examiner Personnel Analyst Cemeterv Department Cemetery Superintendent City Clerk City Clerk Business Registration supervisor Council Office Executive Assistant to the Council Facilities Manaaement Division Manager of Facilities Management Administrative Operations Supervisor II Custodial Supervisor 3 RECOMMENDED CATEGORIES All Categories A, C-2, D, D-l, E, F, G, H-l & H-2 All Categories All Categories All Categories All Categories All Categories All Categories All Categories D, D-l, E, F, G, & H-l D, D-l, E, F, G, & H-l A, C-2, D, D-l, E, F, G, H-l & H-2 All Categories All Categories All Categories A, D, D-l, E, F G & H-l A, D, D-l, E, F G & H-l A, D, D-l, E, F G & H-l 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 l""-" "'-" DESIGNATED POSITIONS RECOMMENDED CATEGORIES Facilities Manaqement. Cont. Electrical and HVAC Supervisor Hearing Officer Maintenance Carpenter Supervisor Project Coordinator Finance Deoartment Director of Finance Purchasing Manager Warehouse Supervisor Fire Deoartment Fire Chief Deputy Fire Chief Disaster Preparedness Coordinator Fire Marshal Librarv City Librarian Assistant City Librarian Manaqement Information Svstems Division Director of M.I.S. Mavor's Office Affirmative Action Officer Assistant to the Mayor Cultural Affairs Coordinator Executive Assistant to the Mayor Project Coordinator A, D, D-l, E, F G & H-l A, D, D-l, E, F G & H-l A, D, D-l, E, F G & H-l A, D, D-l, E, F G & H-l All Categories A, C-2, D, D-l, E, F, G, H-l & H-2 A, C-2, D, D-l, E, F, G, H-l & H-2 All Categories All Categories All Categories All Categories All Categories All Categories A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 All Categories All Categories All Categories All Categories All Categories Parks. Recreation and Communitv Services Deoartment Director of Parks, Recreation and Community Services Assistant Director of Parks, Recreation and Community Services 4 A, C-l, C-2, E, F, G, H-l A, C-l, C-2, E, F, G, H-l D, D-l, & H-2 D, D-l, & H-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 ,.-...,. '-' """'," ......" DESIGNATED POSITIONS RECOMMENDED CATEGORIES Parks. Recreation and Communi tv Services Department. Cont. Administrative Operations Supervisor II Food Service Supervisor I A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 Food Service Supervisor II Landscape Inspector Special Olympics Area Director Superintendent of Parks Superintendent of Recreation Personnel Department Director of Personnel A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 Personnel Analyst Planninq and Buildinq Services Director of Planning & Building Services Assistant Director of Planning & Building Services Administrative Operations Supervisor II Assistant planner Associate Planner Building Inspection Supervisor Code Compliance Officer Code Compliance Supervisor General Building Inspector Plan Check Engineer Plan Checker Principal Planner Senior Building Inspector Senior Code Compliance Officer Senior Planner All Categories All Categories A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories police Department Chief of police Assistant Chief of Police Police Captain All Categories All Categories All Categories 5 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c 1 DESIGNATED POSITIONS 2 Police Deoartment. Cont. 3 Police Lieutenant 4 Public Services Deoartment Director of Public Services Assistant Director of Public Services Arborist Construction Inspector Maintenance Supervisor Recycling Coordinator Sanitation Route Supervisor Sanitation Superintendent Special Projects Maintenance Supervisor Central Garaoe Division Fleet Manager Administrative Operations Supervisor II Equipment Mechanic Supervisor Fleet Operations Coordinator Public Works Deoartment Director of Public Works/City Engineer Assistant City Engineer Construction Engineer Construction Inspector Landscape Inspector Maintenance Supervisor Real Property Supervisor Senior Civil Engineer Traffic Engineer Traffic Signals & Lighting Supervisor Risk Manaoement Director of Risk Management 6 '-" RECOMMENDED CATEGORIES All Categories All Categories All Categories All Categories All Categories All Categories A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 All Categories All Categories All Categories A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 All Categories All Categories All Categories All Categories All Categories A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 All Categories All Categories All Categories A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 A, C-l, C-2, D, D-l, E, F, G, H-l & H-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 r" ......... 1 DESIGNATED POSITIONS 2 Risk Manaqement. Cont. Liability Claims Specialist Occupational Health Nurse Safety Officer Workers' Compensation Specialist SBETA Executive Director Assistant Director Chief, Marketing/EEO Chief, Operations Division Chief, Support Division Telecommunications Division CATV Manager Telecommunications Technician Coordinator Telephone Support Coordinator video Production Coordinator Water Department General Manager Assistant General Manager Director of Engineering, Construction & Maintenance Director of Finance Director of Water Reclamation Accounting Supervisor Administrative Coordinator Administrative Services Supervisor Assistant Purchasing Agent Environmental Control Officer Laboratory Director Principal Engineer Purchasing Agent Special Projects Coordinator Water Reclamation Assistant Operations Superintendent 7 /-~ ".... RECOMMENDED CATEGORIES A, C-1, C-2, D, D-1, E, F, G, H-1 & H-2 A, C-1, C-2, D, D-1, E, F, G, H-1 & H-2 A, C-1, C-2, D, D-1, E, F, G, H-1 & H-2 A, C-1, C-2, D, D-1, E, F, G, H-1 & H-2 All Categories All Categories All Categories All Categories All Categories All Categories A, C-1, C-2, D, D-1, E, F, G, H-1 & H-2 A, C-1, C-2, D, D-1, E, F, G, H-1 & H-2 A, C-1, C-2, D, D-1, E, F, G, H-1 & H-2 All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories A, C-1, C-2, D, D-1, E, F, G, H-1 & H-2 All Categories All Categories All Categories All Categories 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 c ,r', '- DESIGNATED POSITIONS RECOMMENDED CATEGORIES Water Deoartment. Cont. Water Reclamation Maintenance Superintendent Water Reclamation Operations Superintendent Water Utility Operations Superintendent Water Utility superintendent All Categories All Categories All Categories All Categories Consultant Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The Mayor may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully 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 Mayor'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. 8 1 2 3 4 ,.. "'"', '- APPENDIX B Resolution No. DESIGNATED POSITIONS Board of Buildinq Commissioners All Members 5 Central City parkinq place commission 6 All Members 7 civil Service Board 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All Members Community Television Commission All Members Fine Arts Commission All Members Bureau of Franchises All Members Board of Library Trustees All Members Mobile Home Rent Board All Members Board of Police Commissioners All Members '., "",' RECOMMENDED CATEGORIES All Categories All Categories D, D-l, E, F, G & H-l A, C-l, C-2, D, D-l, E, F, G, H-l & H-2 D, D-l, E, F, G & H-l All Categories All Categories All Categories All Categories San Bernardino Joint Powers Financinq Authority All Members Board of Water Commissioners All Members III 9 All Categories All Categories