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Home My WebLink About14-City Clerk CITO OF SAN BERNARDIO - REQUEO' FOR COUNCIL AC'LbN From: Rachel Krasney, City Clerk Subill!=t: To amend Resolution 82-99, as currently amended, relating to the requirements for filing Conflict of Interest Codes. Dept: City Clerk's Office Date: January 9, 1990 Synopsis of Previous Council action: 03/01/89 -- Mayor and Common 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. That resolution has subsequently been amended by Resolution Nos. 82-402, 83-462, 84-17, 84-428, 85-97, 86-105, 88-420 and 89-16 to change filing requirements of various positions and commissions in the City as outlined in Appendix A and Appendix B. Recommended motion: Adopt Resolution. ~Si9~- Contact person: Rachel Krasney, City Clerk Phone: ext. 5002 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.1 (Acct. Descriotion) Finance: Council Notes: 75.0262 Agenda Item No /1 CI'IC) OF SAN BERNARDIO - REQUEO FOR COUNCIL AC-Q)N STAFF REPORT FROM: DATE: RE: Rachel Krasney, City Clerk January 9, 1991 Request for Council Action - Meeting of January 23, 1991 Resolution of the City of San Bernardino Amending Resolution 82-99 Entitled In Part Resolution . . Amending Conflict of Interest Codes . ", 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: In reviewing the resolution relating to the requirements for filing Conflict Of Interest codes, as currently amended, it became apparent that the resolution did not represent the current needs of the City. In July 1990, the City Clerk's Office conducted a survey of seven cities in the 714 area code with population comparable to San Bernardino. The cities surveyed were: Orange, Ontario, Riverside, Anaheim, Huntington Beach, Garden Grove, and Santa Ana. After reviewing the responses, the City Clerk's Office ,submitted its recommended changes to the I.egislative Review Committee on September 6, 1990. The item was continued to give the City Attorney an opportunity to meet with the City Administrator and City Clerk to determine the necessity of having all Job Titles that are presently on the Resolution. The attached memorandum from Dennis A. Barlow, Sr. Asst. City Attorney, clarifies the filing requirements set forth in the Political Reform Act. In October, 1990, all department heads were requested to review the list of designated employees for their respective departments and submit any proposed deletions/additions. On November 7, City Clerk Krasney met with Sr. Asst. City Attorney Barlow and reviewed the proposed changes. On November 13, 1990, the City Clerk met with Councilman Tom Minor, Chairman of the Legislative Review Committee, to review the proposed changes. The Chairman of the Legislative Review Committee, Mr. Barlow, and Mrs. Krasney concur that the changes proposed in the attached resolution and Appendices reflect the list of employees presently required to file Statements of Economic Interests. Therefore, it is recommended that the Mayor and Members of the City Council adopt the form motion. 75-0264 'C' o o o C I T l' o F SAN INTEROFFICE B E RENt!AC:il.'n MEMORANDUM .~~ -:- 1 = '-.., : :!l1"O : :- :l6 TO: Legislat~7e Review Committee FROM: Dennis A, Barlow, Sr. Asst. City Attc~~ DATE: September 7, 1990 RB: Filing of Statement of Economic Interescs At the meeting of the Legislative Review ~~ittee held on Thursday, September 6, 1990, the question was ~-Lsed whether the list of employees required to file Statemen~ of Economic Interests may be :-educed due to the cost oi processing and following up on suci filings. The political Reform Act was adopted as an initiative measure by the voters on June 4, 1975. Among :~er things, the legislative intent expressed by the voters includes: "Assets and income of public officitis which may be materially affected by their official aCLions should be disclosed and in appropriate circ~~nces the officials should be disqualified from ac~in9 in order that conflicts of interests may be avoided." [Government Code, Section 81002(c)]. The Act is to be liberally construed. Section 81003]. j::.tlvernment Code, The general ?rohibition with relation eo conflict of interest states: "No public official or any level or S':.l!.1:e or local government shall make, participate in rna~q or in any way attempt to use his official position ~o Lnfluence a governmental decision in which he knows c= bas reason to know he has a financial interest." .: Government Code, Section 37100]. . To this end, each agency is required to ac~ a Conflict of Interest Code [Gc7ernment Code, Section 871CO] which must include, among othe= things: "Speci::ic enumeration of the positicn: within the agency. . wi:ich involve the making or ?,,_-ticipation DAB/bg [Econ-Int.Me~] 1 .. 'C' o o o trustee, employee, or holds any posi~~:n of managemen~. " (e) Any donor of, or any intermer.; a=y or agent for a donor of, a gift or gifts aggrega~ing Two Hundred Fifty Dollars ($250) or more in value provided to, receivec~, or promised to the public official wi=.i.:n 12 months prior to the time when the decisicn is made. . ." As to whether a financial effect is "mate~ "'1", Title 2 of the California Code of Reaulations, Section 187:Z. and following sections, outlines a number of criteria which ~~-= be reviewed. The regulations also provide that a pun~c designated employee .participates in the making == a decision" when, ac~ing within the authority cf position, he or she: official or governmental his or her "(1). Negotiates, without revJ.ew, with a governmental regarding the decision; or significant s~bstantial entity or pn~~e person "(2) Advises or makes recommendations to maker, either directly or without intervening substantive review, by: L.:e decision- si.gnificant "(a) Conducting research or makicq any investiga~ion which requires the exe==~e of judgment on the part of the offi~ or designated employee and the purpose c= which. is to influence the decision; or "(b) Preparing or presenting any r~ort, analysis or opinion, orally or in v:=:::ting, which recr.lires the exercise of judgIleot on the pari of the official or des~~ated employee and the purpose of which Ls to influence the decision. "(d) Making or participating in the Jlii!!king of a gover~ental decision shall not ~clude: " ( 1 ) Actions of public officials whic= are solely ministerial, secre~arial, manual or clerical; " DAB/bg [Econ-Int.~e~] 3 'C' 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 - - - - o o 0 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 82-99 ENTITLED IN PART "RESOLUTION . . . AMENDING CONFLICT OF INTEREST CODES . . .", 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. 82-99 Appendix A and Appendix Bare 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 , 1991, by the following vote, to wit: COUNCIL MEMBERS AYES NAYS ABSTAIN Estrada Reilly Flores Maudsley Minor Pope-Ludlam Miller / / / / / / / / / / / / / / / / / / / / / / / / / / / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I I I 16 I I I 17 I I I 18 I I I 19 I I I 20 I I I 21 I I I 22 III 23 III 24 III 25 I I I 26 III 27 I I I 28 , Q o o o RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 82-99 ENTITLED IN PART "RESOLUTION . . . AMENDING CONFLICT OF INTEREST CODES . . .", 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. City Clerk The foregoing resolution is hereby approved this , 1991. day of W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: 2 'C' o o .~ APPENDIX A Resolution No. 1 2 3 DESIGNATED POSITIONS i . v ffice ssistant City Administrator 4 obile Home Rent Director 5 Animal e artment 6 Director of Animal Control 7 Citv Attorney's Office 8 Senior Assistant City Attorney Assistant City Attorney 9 Senior Deputy City Attorney Deputy City Attorney IV 10 Deputy City Attorney III Deputy City Attorney II 11 Deputy City Attorney I City,Attorney Investigator 12 Civil Service Board 13 Civil Service Board Chief Examiner 14 Personnel Analyst 15 Cemeterv Deoartment 16 Cemetery Superintendent 17 Citv Clerk 18 City Clerk Business License Supervisor 19 Council Office 20 Executive Assistant to the Council 21 Data Processina Division 22 Data Systems Manager 23 24 25 26 27 28 DISCLOSURE CATEGORIES All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories '0' o o ppendix A esolution No. 1 age Two 2 0 t 3 xecutive Director eputy Director 4 anager, Accounting Division anager, Development Division 5 ssistant Manager, Administrative Division 6 Senior Accountant Project Coordinator 7 roject Specialist Development Specialist 8 Development Analyst 9 ent tent na 10 Director of Facilities Management Facilities Maintenance Superintendent 11 Custodial Supervisor Electrical and HVAC Supervisor 12 aintenance Carpenter Supervisor Street Lighting Supervisor 13 Energy Management Coordinator 14 t 15 Director of Finance Assistant Director of Finance 16 Internal Auditor/Budget Officer Senior Accountant 17 Purchasing Agent Storekeeper 18 Senior Buyer Print Shop Supervisor 19 Fire Deoartment 20 Fire Chief 21 Deputy Fire Chief Fire Marshal 22 Disaster Preparedness Coordinator 23 Librarv 24 City Librarian Assistant City Librarian 25 Supervising Librarian Administrative Operations Supervisor II 26 27 28 II o All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories An Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories 'C' o o Appendix A Resolution No. 1 Page Three 2 Mavor' s Office 3 Executive Assistant to the Mayor Assistant to the Mayor 4 Affirmative Action Officer Project Coordinator 5 Cultural Affairs Coordinator o All Categories All Categories All Categories All Categories All Categories 6 Parks. Recreation and Communitv Services Deoartment 7 Director of Parks, Recreation and Community Services 8 Assistant Director of Parks, Recreation and Community Services 9 Superintendent of Parks Superintendent of Recreation 10 Administrative Operations Supervisor II Center for Individuals with 11 Disabilities Manager Parks Project Coordinator 12 Landscape Inspector 13 Personnel Deoartment 14 Director of Personnel Administrative Operations Supervisor II 15 Personnel Analyst 16 Plannina and Buildina Services 17 Director of Planning and Building Services 18 Deputy Director Principal Planner 19 Senior Planner Associate Planner 20 Assistant Planner Plan Check Engineer 21 Plan Checker Code Compliance Supervisor 22 Building Inspector Supervisor Senior Building Inspector 23 Code Compliance Officer General Building Inspector 24 Senior Code Compliance Officer 25 Police Deoartment 26 Chief of Police Assistant Chief of Police 27 Police Captain 28 II All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories ., ~.~ '0' o o Appendix A Resolution No. 1 Page Four 2 Public Services Deoartment 3 Director of Public Services Superintendent of Streets 4 Administrative Operations Supervisor II Construction Inspector 5 Abatement Coordinator Sanitation Superintendent 6 7 Public Works Deoartment Enaineering Division 8 Director Public works/City Engineer 9 Assistant City Engineer Traffic Engineer 10 Associate Traffic Engineer Field Engineer 11 Real Property Supervisor Senior Civil Engineer 12 Civil Engineering Associate Senior Real Property Specialist 13 Construction Engineer Construction Inspector 14 Central Garaae Division 15 Fleet Manager 16 Administrative Operations Supervisor Equipment Mechanic Supervisor 17 Risk Manaaement 18 Director of Risk Management 19 Liability Claims Specialist Workers' Compensation Specialist 20 Occupational Health Nurse Risk Management Specialist 21 Safety Officer 22 SBETA 23 Executive Director Assistant Director 24 Chief, Support Division Chief, Operations Division 25 Telecommunications Division 26 Director of Telecommunications 27 28 II o All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories 'Q' o o Appendix A Resolution No. 1 Page Five 2 Treasurer's Office 3 Assistant City Treasurer Deputy City Treasurer 4 5 Water Deoartment General Manager 6 Director, Administration & Finance Director, Engineering, Construction 7 and Maintenance Water Utility Engineering Supervisor 8 Accounting Supervisor Purchasing Agent 9 Water Utility Superintendent Administrative Services Supervisor 10 Environmental Control Officer Geothermal Resources Engineer 11 Water Utility Operations Supervisor Special Projects Coordinator 12 Water Reclamation Maintenance Supervisor Director Water Reclamation 13 Water Reclamation Administrative Officer Water Reclamation Chief Operator 14 Water Reclamation Hazardous Materials Coordinator 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II o All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories ~ . C> ' 0 0 0 APPENDIX B Resolution No. 1 POSITIONS DISCLOSURE CATEGORIES 2 d'n s'oners 3 Members All Categories 4 al ommiss'o 5 Members All Categories 6 Bo 7 All, Categories 8 0 9 Members All Categories 10 Arts ss'o 11 * All Categories 11 Members 12 * As Per Resolution 84-428 13 Franch's reau 14 11 Members 15 Librarv Board of Trustees 16 All Members 17 Mobile Home Rent Control Board 18 All Members 19 Police Commission 20 All Members 21 Board of Water Commissioners 22 All Members All Categories All Categories All Categories All Categories All Categories 23 24 25 26 27 28