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Home My WebLink About2010-395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION NO. 2010-395 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING AN AMENDED CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 2009-1. WHEREAS, the City of San Bernardino is required by the Political Reform Act of 1974 (Govt. Code section 81000 et seq; hereinafter referred to as "Act") to adopt a Conflict of Interest Code; WHEREAS, the Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations section 18730) containing a model Conflict of Interest Code ("Model Code"), which if incorporated by reference along with a designation of employees and formulation of disclosure categories by the City will constitute the Conflict of Interest Code required by the Act; WHEREAS, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission were incorporated by reference by Resolution No. 82-99; and WHEREAS, the City is required to review its conflict of interest code every two years and the City now wishes to readopt and update its conflict of interest code. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Resolution No. 2009-1 is hereby rescinded. SECTION 2. The terms of the Model Code set forth in 2 California Code of Regulations Section 18730, as such may be amended from time to time by the Fair Political Practices Commission, are duly adopted and incorporated by reference as if set forth fully herein. 24 SECTION 3. For purposes of the requirements of the Act and the provisions of the 25 Model Code, the Designated Employees of the City of San Bernardino shall be the persons 26 holding those offices and/or positions set forth in appendix "A", attached hereto and 27 incorporated by reference herein. 28 2010-395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 II 16 II 17 II 18 II 19 II 20 II 21 II 22 II 23 II 24 II 25 II 26 II 27 II 28 II SECTION 4. For purposes of the requirements of the Act and the provisions of the Model Code, the disclosure categories of the City of San Bernardino shall be the categories set forth in Appendix "B", attached hereto and incorporated by reference herein. SECTION 5. For purposes of the Act, the provisions of this Resolution, the Model Code, and the attached Appendix "A" and "B" shall together constitute the Conflict of Interest Code of the City of San Bernardino. SECTION 6. Designated employees shall file their statements of economic interest with the City Clerk of the City of San Bernardino, using forms prescribed by the Fair Political Practices Commission. SECTION 7. Statements for all designated employees will be retained by the City of San Bernardino and will be available for inspection and reproduction pursuant to Govt. Code section 81008. SECTION 8. This Conflict of Interest Code of the City of San Bernardino shall take effect immediately upon its approval by the Mayor and Common Council. 2 2010-395 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING AN AMENDED CONFLICT OF INTEREST CODE AND 2 RESCINDING RESOLUTION NO. 2009-1. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 5 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 6 20th day of December 7 ,2010, by the following vote, to wit: 8 COUNCIL MEMBERS: 9 MARQUEZ ESJARDINS AYES NAYS ABST AIN ABSENT x x 10 11 BRINKER 12 13 14 15 16 x SHORETT x KELLEY x x x C CAMMACK r;(~ ,&. ~ Racnel Clark, City Clerk The foregoing Resolution is hereby approved thi~ ~ay of December, 2010. 17 18 19 20 21 22 23 AMES F. PENMAN, ity Attorney ayor 24 25 26 27 28 3 2010-395 CONFLICT OF INTEREST CODE OF THE CITY OF SAN BERNARDINO (Amended December 20,2010) The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City officials who manage public investments as defined by 2 Cal. Code of Regs. 918701 (b), are NOT subject to the City's Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et seq.). [Regs. 918730(b)(3)] 2010-395 CONFLICT OF INTEREST CODE DESIGNATED POSITIONS DESIGNATED POSITIONS PREVIOUS CATEGORIES "\nimal Control Department Director of "'\nimal Control Consultant 1,2,1,5, & 6 1,2,1,5,&6 APPENDIX A NEW CATEGORIES Note: The Animal Control Department became part of the Police Department. City Attorney's Office Assistant City Attorney City Attorney Investigator Deputy City Attorney I Deputy City Attorney II Deputy City Attorney III Deputy City Attorney IV Senior Assistant City Attorney Senior Deputy City Attorney Supervising City Attorney Investigator Consultant }Jl Categories "^Jl Categories fJl Categories "'\11 Categories All Categories "'\11 Categories All Categories "'\11 Categories All Categories All Categories City Clerk's Office Assistant City Clerk City Clerk Business Registration Supervisor Consultant "'\11 Categories All Categories All Categories All Categories City Mana2er's Office Assistant City Manager Assistant to the City Manager Manager of Communications Consultant "^Jl Categories All Categories Civil Service Civil Service Board Chief Examiner Human Resources Analyst Consultant 2,1,5, & 6 2,1,5,&6 2,1,5, & 6 File location: S:Drive/SEI Disclosure Categories 1 1 1 1 1 1 1 1 1 1 1 1 1 2,3 2 2,6 2,6 Updated: 12/2/201 0 2010-395 DESIGNATED POSITIONS PREVIOUS CATEGORIES Cede EBfeFeemeBt Administrative Analyst II A~_ve AssistaBt Administrative Services Supervisor Cede EBfefeemeBt Direeter Code Enforcement Officer I Code Enforcement Officer II DetmtY Direeter Cede BnfuFeemeat Senior Code Enforcement Officer Supervising Code Enforcement Officer Weed Abatement Coordinator CeaswtaRt All Categories .^~ll Categories All Categories All Categeries All Categories All Categories All Categeries All Categories All Categories All Categories .'\11 Categeries NEW CATEGORIES Note: The Code Enforcement Department became part of the new Community Development Department. Communitv DeveloDment DeDartment Administrative Analyst I Administrative Analyst II Administrative Services Supervisor Director of Community Development Assistant Planner Associate Planner Building Inspection Supervisor Building Inspector I Building Inspector II Building Inspector III Building Official Code Enforcement Division Manager Deputy Director/City Planner Code Enforcement Officer I Code Enforcement Officer II Cons1nletioB BagiBeer Construction Inspector IINPDES Construction Inspector IIINPDES Development Services Technician Engineering Assistant I Engineering Assistant II Engineering Assistant III Engineering Associate Mobile Home Inspector Planning Aide .^JI Categeries .\ll Categories .'\11 Categories .A~ll Categories All Categeries .AJI Categeries .\ll Categeries All Categories J'~ll Categories .A~ll Categeries .'\11 Categeries All Categories All Categories All Categories All Categeries All Categeries All Categories All Categaries All Categories .^~ll Categories .^~Il Categories File location: S:DrivelSEI Disclosure Categories 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Updated: 12/2/2010 ([fJw ~~2! ~.\j"1l ~~1:;ULfit"i:l DESIGNATED POSITIONS Community Development Department (Continued) Plans Examiner Senior Civil Engineer Senior Code Enforcement Officer Senior Planner Senior Plans Examiner Supervising Code Enforcement Officer Weed Abatement Coordinator Council Office ;\dministrati';e f.nalyst II Executive Staff Assistant to the City Council C005wtant Development Serviees Department [Administrative Analyst I Assistant Director Direetor of Development Serviees Assistant Planner Associate Planner Building Inspection Supervisor Building Inspector I Building Inspector II Building Inspector III Building Official 2010-395 PREVIOUS CATEGORIES All Categories All Categories All Categories All Categories All Categeries fJI Categories All Categeries All Categories All Categories ;\ll Categeries All Categories ..A.ll Categories ;\11 Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories City Planner/Deputy Director of DevelopmeRt Services .^JI Categories Construetion Engineer All Categories .~l~: U2.l ~-;m ~~!pj~y h~~2 l~ r~B:~jr~ Deputy City Engineer DevelopmeRt Serviees .^.dministratiye Supervisor Development Services Technician Engineering Assistant I Engineering Assistant II Engineering Assistant III All Categories All Categories All Categories All Categories All Categories All Categories NPDES Coordinator NPDE8 Inspeetor [Planning Aide File location: S:Drive/SEI Disclosure Categories All Categories All Categories All Categories 3 NEW CATEGORIES 1 1 1 1 1 1 1 1 Updated: 12/2/2010 2010-395 DESIGNATED POSITIONS PREVIOUS CATEGORIES NEW CATEGORIES ---, Senior Planner Senior Plans Examiner Traffie Engineer All Categories All Categories All Categories '1''-''''-;'' GO. -". ,,,. - r, ~, i'J"Jr1'''''' _-"__ ~~~<i:~~':'libl' ~..~nl:t~ ,r';~~~~~:'tU.~, .;~ ....~;lr~1()Ll1I~j .~~ C0.r~ill1>L~i ~1'~t;"j'il &if:fhKi; 5.i!J @23:~~ Consultant All Categories Note: The Development Services Department became part of the new Community Development Department and the new Public Works Department. Positions that have moved to Community Development are shown in yellow. Positions that have moved to Public Works are shown in blue. Positions retained by both departments are shown in green. Faeilmes M808ftmeot Direeter of F aeilities Managemeat Administrati',e Analyst Custodial Supervisor Faeilities MaiateoaBoo Supervisor Project Manager - Energy Conservation C6R5ulftmt 1, 2, 4, 5, & 6 I, 2, 4, 5, & 6 1,2,4, 5, & 6 1, 2, 4, 5, & (; 1,2,4,5, & 6 1, 2, 4, 5, & 6 Note: Facilities Management became part of the new Public Works Department. File location: S:Drive/SEI Disclosure Categories 4 Updated: 121212010 DESIGNATED POSITIONS Finance Deoartment Director of Finance Accounting Manager BttyeF Deputy Director/Budget Manager Purchasing Manager Consukaot Fire Oeoartment Fire Chief A.emiBistrilt-i',e .'\Balyst II Battalion Chief Captain - Lead Arson Fire Investigator Code Enforcement Officer II Deputy Fire Chief Emergency Medical Services Coordinator Emergency Services Manager Fire Captain Fire Equipment Maintenance Supervisor Fire Marshall Fire Plans Examiner/Systems Fire Prevention Officers Fire Prevention Supervisor Fire Prevention Technician Tl'aiBiBg Offieer ConsultaBt Human Resources Deoartment Director of Human Resources Human Resources Manager Risk Manager Workers' Compensation Manager Safety OfIieer Workers' Compensation Adjuster Workers' CefBl3eH5atieB T eelmieiftB CeB5ltItaBt File location: S:DrivelSEJ Disclosure Categories 2010-395 PREVIOUS CATEGORIES All Categeries 1, 2, 4, 5, &: G 1,2, 4,5, &: 6 All Categeries 1,2, 4, 5, &: G All Categories .'\11 Categeries .^Jl Categeries .An Categeries All Categories .^~ll Categories All Categeries All Categeries All CategeFies All Ca1:egeries All Categories 1,2, 4, 5, &: G 1,2, 4, 5, &: (; 1,2, 4, 5, &: 6 1,2, 4, 5, &: 6 1,2, 4, 5, &: 6 1, 2, 4, 5, &: 6 1,2, 4, 5, &: 6 5 NEW CATEGORIES 2,6 2,6 2,6 2,6 1 1 1 1 1 6 3,6 1 6 1 1 1 1 1 5,6 6 6 6 6 Updated: 12/2/2010 2010-395 DESIGNATED POSITIONS PREVIOUS CATEGORIES Information T echnolol!V Applications Development Manager Director of Information Technology GIS Administrator IT Operations Supervisor Public Safety IT Manager Senior Network Administrator CenswtaBt 1,2, 4, 5, & () 1,2,4,5,&() Librarv Library Administrative Supervisor Library Director Library Information Technology Manager Principal Librarian Depw.y Lilff8fY Direeter CeBSBkaBt AH Categories - All Categories ,,'\11 Categories Mavor's Office Assistant to the Mayor Chief of Staff Pi'ejeet MaBager CORSwtaBt .\II Categeries .^Jl Categeries All Categeries All Categeries NEW CATEGORIES 6 5,6 6 6 6 6 6 1 6 6 1 1 Parks. Recreation & Communitv Services DeDartment Administrative Services Manager 1 ArboristlI'ree Trimmer Supervisor 2, 6 Director of Parks, Recreation & Community Services 1,2,4,5, & () 1 .'\thletie Field MaiB.teBaftee Sf'eeialist 1,2, 4,5, & () Center for Individual Development Manager 1,2,4,5, & () 2,6 Community Recreation Manager 1,2,4,5, & () 2,6 Community Recreation Program Supervisor 1,2,4,5, & 6 2,6 Community Recreation Program Supervisor (Soccer) 6 Cemmtmity Serviee Ceater SHf'ef\iser 1,2, 4, 5, & () Deputy Director 1 Food Serviee SHf'ervtser II 1,2, 4,5, & () File location: S:Drive/SEI Disclosure Categories 6 Updated: 12/2/2010 DESIGNATED POSITIONS 2010-395 PREVIOUS CATEGORIES NEW CATEGORIES Parks. Recreation & Communitv Services DeDartment (Continued) Human Services Program Manager 2,6 L8BEIseape ~ SttpefViser 1, 2, 4, 5, &. 6 L8:BElseape Inspeeter II 1,2, 4, 5, &. 6 2,6 Landscape Maintenance District Supervisor 2, 6 Parks Maintenance Supervisor 1,2, 4, 5, &. 6 2,6 Parks Construction Supervisor 2, 6 Parks MaiBteftfmee Division Manager 1,2,4,5, & 6 1 Reereaaea &. CemmHBity Serviees DiWlieB M8:Bftger 1,2,4,5, &. 6 Retired & Senior Volunteer Program Manager 1, 2, 4, 5, &. 6 2, 6 Sooier AiHBinistftftiv" ~A...-utlyst 1, 2, 4, 5, &. 6 Senior Companion Program Manager 1,2,4,5, &. 6 2,6 ConsultaBt 1,2,4,5, &. 6 Police DeDartment Administrative Analyst II - Financial Unit Asset Forfeiture Specialist Assistant Chief of Police Chief of Police Police Captain Police Lieutenant C0H5uk8Bt Pablie Serviees DeoartmeRt Administrative Analyst II Administrative Services Supervisor Deputy Director/Maintenance Services Difeeter of ~Iie Serviees Environmental Projects Manager Equipment Maintenance Manager Equipment Maintenance Supervisor Fleet Services Division Manager Fleet OperatieBs CoordiBater lBtegf6ted \Vaste Custemer Serviee SHperviser File location: S:DrivelSEI Disclosure Categories All Categeries All Categeries ~A~II Calegeries ~A~1I Categeries All Categories 1 1 1 1 1 1 All Categories All Categories All Categories ;\ll Ca~s All Categories All Categories All Categories All Categories ~A~II Categeries ;\11 Categories 7 Updated: 12r.U2010 DESIGNATED POSITIONS PHhlie Serviees ~BaFttBeRt (Continued) Integrated Waste Division Manager Integrated Waste Operations Manager Integrated Waste Operations Supervisor Maintenance Supervisor Sewer Maintenance Supervisor Street SignaVLighting Supervisor Tree Maintenance Supervisor/ Arborist CeB56ltaBt 2010-395 PREVIOUS CATEGORIES All Categories All Categories All Categories All Categories All Categories All Categories All Categories ,^JI Categories Note: The Public Services Department became a part of the Public Works Department, except for the Tree Maintenance Supervisor/Arborist, which became the Arboristlfree Trimmer Supervisor in the Parks, Recreation & Community Services Department. Public Works DeDartment Administrative Analyst II Administrative Services Supervisor Assessment DistrictlReal Property Manager City Engineer Engineering Assistant I Engineering Assistant II Construction Inspector I Construction Inspector II Construction/Survey Manager Custodial Supervisor Deputy Director/Maintenance Services Director of Public Works Engineering Associate Environmental Projects Manager Equipment Maintenance Manager Equipment Maintenance Supervisor Fleet Services Division Manager HV AC Supervisor Integrated Waste Division Manager Integrated Waste Field Inspector Integrated Waste Operations Manager Integrated Waste Operations Supervisor Maintenance Supervisor Principal Engineer File location: S:DrivelSEI Disclosure Categories AD Categories All Categeries All Categeries AU Categeries All Categeries A-II Categeries 1,2,4,5, &: (; AD Categeries AU Categooes AU Categeries ;\U Categeries All Categeries AU Categeries AU Categeries ;\ll Categaries AD Categeries ;\ll Categaries All Categories 8 NEW CATEGORIES 1 1 1 1 3,6 3,6 3,6 3,6 3,6 1 1 1 3,6 1 2,5,6 2, 5, 6 2,5,6 2 1 1 1 1 1 3,6 Updated: 121212010 DESIGNATED POSITIONS Public Works Deoartment (Continued) Project Manager/Energy Conservation Real Property Specialist Senior Civil Engineer Senior Custodian Sewer Maintenance Supervisor Street Signal/Lighting Supervisor Traffic Engineering Associate Traffic Operations Systems Analyst SBETA ExeeHli"le DH-eeter AssistaBt Direeter Chief, MerketiBg/EEO Chief, Oper-atieBs DivisieR Chief, SuppeR Divisioo CeasultaBt Water Deoartment General Manager A-eeotIfttiBg StlfJervisor Administrative Services Manager Assistant Purchasing Agent Deputy General Manager Director, Finance Director, Environmental and Regulatory Compliance Director, Water Reclamation Director, Water Utility Engineering Manager Environmental Control Officer PriBeipal AeeeuBtaflt Principal Engineer Purchasing Agent Special Projects Coordinator Water Reclamation Maintenance Superintendent Water Reclamation Operations Superintendent Water Utility Distribution Superintendent Water Utility Operations Superintendent Water Utility Water Quality Control Officer Consukaat File location: S:DrivelSEI Disclosure Categories 2010-395 PREVIOUS CATEGORIES 1\11 Categenes All Categories All Categories All Categeries f~1l Categeries fJl Categeries .A~1l Categories .AJl Categeries All Categeries 1\11 Categeries All Categeries All Categeries fJl Categeries .AJl Categories .AJl Categeries All Categeries fJl Categories fJl Categeries fJl Categeries All Categeries All Categeries .A~1l Categeries 1,2, 4, 5, &: (; .AJl Categories .'\11 Categories .A~1l Categeries All Categeries f~1l Categories All Categories f~11 Categeries All Categeries 1,2,4, 5, &: (; All Categories 9 NEW CATEGORIES 1 1 3,6 2 1 1 3,6 3,6 1 1 1 1 1 1 1 1 1 5,6,7 1 1 3,4,5,6,7 5,6,7 5,6,7 5,6,7 5,6,7 5,6,7 Updated: 12/2/2010 2010-395 DESIGNATED POSITIONS PREVIOUS CATEGORIES DESIGNATED BOARDS/COMMITTEES/COMMISSIONS NEW CATEGORIES All members of the following boards/committees/commissions must file Statements of Economic Interests. Board of Building Commissioners Central City Parking Place Commission Civil Service Board Community Television Commission Fine Arts Commission Bureau of Franchises Handicap Accessibility Appeals Board Board of Library Trustees Mobile Home Board Board of Police Commissioners All Categeries All Categeries All Categeries All Categeries AllCategeries ;\11 Categories All Categories All Categeries All Categeries All Categories Consultant 1 1 1 1 1 1 1 1 1 1 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure categol)' 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. File location: S:DrivelSEI Disclosure Categories 10 Updated: 121212010 2010-395 APPENDIX B CITY OF SAN BERNARDINO DISCLOSURE CATEGORIES Disclosure Categories are identified below by number. Following each Disclosure Category is a description of the pI:I5()n01,"(:()f)()Jllj;2i]!t~;I~st5which the Designated Employee must disclose when 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 purchased or leased by the City. Category 6: All investments, business positions and income, including gifts, loans and travel payments from sources that provide purchased or 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. Note: Foregoing disclosure categories were reviewed and agreed upon by Sf. Asst. City Attorney John Wilson, Asst. City Attorney Stephanie Easland, Sf. Deputy City Attorney Jolena Grider, Deputy City Clerk Linda Hartzel, and City Clerk Rachel Clark on November 8,2010.