HomeMy WebLinkAboutR37-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Resolution adopting an amended Conflict of
Interest Code and rescinding Resolution No.
CDC/2008-37
DATE:
December 13,2010
Synopsis of Previous Commission/Council/Committee Action(s):
On December 9,2010, Redevelopment Committee Members Johnson, Marquez and Brinker unanimously voted to recommend
that the Community Development Commission consider this action for approval.
On October 6, 2008, the Community Development Commission Adopted Resolution No. CDC!2008-37.
Recommended Motion(s):
(Community Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino adopting an amended Conflict
ofInterest Code and rescinding Resolution No. CDC/2008-37
Contact Person(s):
Teri Baker
Phone:
(909) 663-1044
N/A
Project Area(s):
Supporting Data Attached:
N/A
Ward(s):
[{I Staff Report [{I Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $
N/A
Source:
N/A
Budget Authority:
N/A
Fiscal Review:
Lori P
Commission/Council Notes:
P:lAgendaslConun Dev Conunission\20JO CDC ItemsI12-20-10 Amendment to Conflict oflnterest Code (by R. Clark).doc
COMMISSION MEETING AGENDA
Meeting Date: 12/20/2010
Agenda Item Number: ~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
RESOLUTION ADOPTING AN AMENDED CONFLICT OF INTEREST CODE AND RESCINDING
RESOLUTION NO. CDC/2008-37
BACKGROUND:
The Political Reform Act requires every local government agency to review its Conflict of Interest Code
biennially to determine if it is accurate and up-to-date, or alternatively, whether the Code must be amended.
CURRENT ISSUE:
In 2009, the Fair Political Practices Commission ("FPPC") notified the San Bernardino City Clerk that there
were a number of areas of the Code which should be amended. Specifically, the FPPC asked that the following
areas be amended:
o Add standard language indicating that the 87200 filers are listed in the Code for informational purposes
only.
o Include a cover page that incorporates Regulation 18730, and delete language that duplicates the
language incorporated in Regulation 18730.
o Create disclosure categories; and
o Consultants are required to file annual Form 700's in addition to the assuming and leaving office 700's
required in the code. Recommended deleting this language from the code.
The City Attorney's Office and the City Clerk's Office have given an in-depth analysis of the existing Conflict
of Interest Code and the disclosure categories. In an effort to amend the code as requested by the FPPC and to
update the designated positions that are required to file, the City Attorney's Office (in concurrence with Agency
Counsel) prepared a resolution that brings the Agency's Conflict of Interest Code up-to-date. Additionally, the
Disclosure Categories have been revised, as requested by the FPPC (Appendix B).
Using the current organizational chart for the Agency and the proposed disclosure categories, Agency Counsel
and the Interim Executive Director have made recommendations on disclosure categories and on disclosure
filers. Appendix A to the resolution list reflects the list of designated filers and their recommended disclosure
categories. Positions that no longer exist or are no longer required to file are designated in strikethrough. New
positions are listed in bold.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
That the Mayor and Common Council and the Community Development Commission adopt the attached
ReWls~ _0J'Y?
Emil A. Marzullo, Interim Executive Director
P:\AgendaslComm Dev Commission\201 0 CDC Items\12-20-1 0 Amendment to Conflict of Interest Code (by R. Clark).doc
COMMISSION MEETING AGENDA
Meeting Date: 12/20/2010
Agenda Item Number: p-,
Appendix" A"
DESIGNATED POSITIONS/BOARDS/COMMITTEES/COMMISSIONS
Desi2nated Positions
Accounting Manager
Assistant Proj Manager
CATV/IEMG Broadcast Eng Coord
CATV/IEMG Production Coord
CATV/IEMG Production Technician
CATV/IEMG Program/Traffic Spec
Chief Financial Officer
Construction Management Spec
Deputy Director
Director Housing/Community Dev
Director of Admin Services
Director of Marketing/Special Events
Enterprise ZonelEco Dev Proj Man
Executive Director - Under Contract
Financial Analyst
Human Resource .^.nalyst
Marketing/Public Relations Manager
Project Manager
Sr Admin Analyst Real Estate
Sr Financial Analyst
Sr Urban Planner
Consultant
Recommended
Cate20ries
6
2
2
I
1
1
6
6
I
5
6
4
4
4
4
Community Television Commission
Mobile Home Board
1
1
P:lAgendaslAgenda AttachmentslExhihits\201O\12-20-1O Amendment to Conflict oflnterest Code - Designated Positions & Boards (Appendix A).docx
Appendix "B"
Redevelopment Agency
DISCLOSURE CATEGORIES
Disclosure Categories are identified below by number. Following each disclosure
category is a description of the personal economic interests which the Designated Employee
must disclose when assigned that Disclosure Category. When a financial interest is identified,
reporting of the interest is made through the timely filing of FPPC Form 700. The FPPC Form
700 contains multiple schedules. To meet the reporting requirement for a single Disclosure
Category, the Designated Employee may need to complete more than one FPPC Form 700
schedule.
Category 1 (Full disclosure): Interests in real property located within the jurisdiction of the City
of San Bernardino or within two miles of the boundaries of the jurisdiction or within two miles
of any land owned or used by the agency, as well as investments, business positions and sources
of income, including gifts, loans and travel payments.
Category 2: All investments, business positions and sources of income, including gifts, loans
and travel payments.
Category 3: Interests in real property located within the jurisdiction of the City of San
Bernardino or within two miles of any land owned or used by the City of San Bernardino.
Category 4: All investments and business positions in, and sources of income from, business
entities that are engaged in land development, construction or the acquisition or sale of real
property within the jurisdiction of the City of San Bernardino.
Category 5: All investments, business positions and income from business entities that provide
services, supplies, materials, machinery, vehicles or equipment of a type purchase or leased by
~~~ .
Category 6: All investments, business positions and income, including gifts, loans and travel
payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or
services, including training or consulting services, of the type utilized by the designated
employee's department.
Category 7: All investments and business positions in, and sources of income from, business
entities subject to the regulatory, permit, licensing application or other authority or entitlement of
the designated employee's department.
P:lAgendas\Agenda AttachmentslExhibits\2010\12.20.10 Amendment to Conflict of Interest Code. Disclosure Categories (Appendix B).doc<
1
2
3
4
5
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO ADOPTING AN AMENDED CONFLICT
OF INTEREST CODE AND RESCINDING RESOLUTION NO. CDC/2008-37
WHEREAS, the City of San Bernardino Redevelopment Agency (the "Agency") is required
6 by the Political Reform Act of 1974 Government Code section 81000, et seq. (hereinafter referred to
7 as the "Act") to adopt a Conflict of Interest Code; and
8
WHEREAS, the Fair Political Practices Commission has adopted a regulation (2 California
9 Code of Regulations section 18730) containing a model Conflict of Interest Code ("Model Code"),
10 which if incorporated by reference along with a designation of employees and formulation of
11 disclosure categories by the Agency will constitute the Conflict of Interest Code required by the
12 Act; and
13
WHEREAS, the terms of 2 California Code of Regulations Section 18730 and any
14 amendments to it duly adopted by the Fair Political Practices Commission were incorporated by
15 reference by Resolution No. CDC/2008-37; and
16
WHEREAS, the Agency is required to review its conflict of interest code every two years
17 and the Agency now wishes to readopt and update its conflict of interest code.
18
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
19 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
20 FOLLOWS:
21 Section 1.
22 Section 2.
23 Section 18730, as
Resolution No. CDC/2008-37 is hereby rescinded.
The terms of the Model Code set forth in 2 California Code of Regulations
such may be amended from time to time by the Fair Political Practices
24 Commission, are duly adopted and incorporated by reference as if set forth fully herein.
25
Section 3.
For purposes of the requirements of the Act and the provisions of the Model
26 Code, the Designated Employees of the Agency shall be the persons holding those offices and/or
27 positions set forth in Appendix "A", attached hereto and incorporated by reference herein.
28
1
P:lAgendaslResolutionslResolutions\201O\12-20-10 Amendment to Conflict ofInterest Code CDC Reso.doc
1
Section 4.
For purposes of the requirements of the Act and the provisions of the Model
2 Code, the disclosure categories of the Agency shall be the categories set forth in Appendix "B",
3 attached hereto and incorporated by reference herein.
4
For purposes of the Act, the provisions of this Resolution, the Model Code,
Section 5.
5 and the attached Appendix "A" and "B" shall together constitute the Conflict ofInterest Code of the
6 Agency.
7
Section 6.
Designated employees shall file their statements of economic interest with the
8 City Clerk of the City of San Bernardino, using forms prescribed by the Fair Political Practices
9 Commission.
10
Statements for all designated employees will be retained by the City of San
Section 7.
11 Bernardino and will be available for inspection and reproduction pursuant to Government Code
12 Section 81008.
13
This Conflict of Interest Code of the Redevelopment Agency shall take effect
Section 8.
14 immediately upon its approval by the Community Development Commission.
15 III
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
2
P:\AgendasIResolutionslResolutions\201O\12-20-10 Amendment to Conflict ofInterest Code CDC Reso.doc
1
2
3
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO ADOPTING AN AMENDED CONFLICT
OF INTEREST CODE AND RESCINDING RESOLUTION NO. CDC/2008-37
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
4
Development Commission of the City of San Bernardino at a
, 2010, by the following vote to wit:
meeting
5 thereof, held on the day of
6 Commission Members: Ayes
7 MARQUEZ
8 DESJARDINS
9 BRINKER
10 SHORETT
11 KELLEY
12 JOHNSON
13 MC CAMMACK
14
15
Abstain
Absent
Nays
Secretary
16
17
18
19
20
day of
The foregoing Resolution is hereby approved this
,2010.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
21 Approved as to Form:
:: By: ~wU -
Agency co~
24
25
26
27
28
3
P:lAgendaslResolutionslResolutions\2010112-20-10 Amendment to Conflict oflnterest Code CDC Reso.doc
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
Appendix "A"
DESIGNATED POSITIONS/BOARDS/COMMITTEES/COMMISSIONS
Recommended
Catee:ories
6
Desie:nated Positions
Accounting Manager
Assistant Proj MaRager
CATV /IEMG Broadcast Eng Coord
CATV /IEMG Production Coord
CATV/IEMG Production Teclmician
CATV/IEMG Program/Traffic Spee
Chief Financial Officer
Construction Management Spec
Deputy Director
Director Housing/Community Dev
Director of Admin Services
Director of Marketing/Special Events
Enterprise ZonelEco Dev Proj Man
Executive Director - Under Contract
Financial Analyst
Human Resource .L^Jlulyst
MarketingIPublic Relations Manager
Project Manager
Sr Admin Analyst Real Estate
Sr Financial .L^Jlulyst
Sr Urban Planner
Consultant
2
2
1
1
1
6
6
1
5
6
4
4
4
4
Community Televisison Commission
Mobile Home Board
1
1
4
P:\AgendasIResolutionslResolutions\2010\12-20-1O Amendment to Conflict ofInterest Code COC Reso.doc
1
2
3
4
Appendix "B"
Redevelopment Agency
DISCLOSURE CATEGORIES
5 Disclosure Categories are identified below by number. Following each disclosure category
is a description of the personal economic interests which the Designated Employee must disclose
6 when assigned that Disclosure Category. When a financial interest is identified, reporting of the
7 interest is made through the timely filing of FPPC Form 700. The FPPC Form 700 contains
multiple schedules. To meet the reporting requirement for a single Disclosure Category, the
8 Designated Employee may need to complete more than one FPPC Form 700 schedule.
9 Category 1 (Full disclosure): Interests in real property located within the jurisdiction of the City of
San Bernardino or within two miles of the boundaries of the jurisdiction or within two miles of any
10 land owned or used by the agency, as well as investments, business positions and sources of income,
11 including gifts, loans and travel payments.
12 Categorv 2: All investments, business positions and sources of income, including gifts, loans and
travel payments.
13
Category 3: Interests in real property located within the jurisdiction of the City of San Bernardino
14 or within two miles of any land owned or used by the City of San Bernardino.
15
Category 4: All investments and business positions in, and sources of income from, business
16 entities that are engaged in land development, construction or the acquisition or sale of real property
within the jurisdiction of the City of San Bernardino.
17
Category 5: All investments, business positions and income from business entities that provide
18 services, supplies, materials, machinery, vehicles or equipment of a type purchase or leased by the
19 City.
20 Category 6: All investments, business positions and income, including gifts, loans and travel
payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or
21 services, including training or consulting services, of the type utilized by the designated employee's
22 department.
23 Category 7: All investments and business positions in, and sources of income from, business
entities subject to the regulatory, permit, licensing application or other authority or entitlement of
24 the designated employee's department.
25
26
27
28
5
P:lAgendaslResolutionslResolutions\2010112-20-IO Amendment to Conflict oflnterest Code CDC Reso.doc