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Home My WebLink About10-City Clerk ! r I " ,~ I 'J/'\ L CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: City Clerk Subject: Resolution amending Resolution 2006-374 reflecting changes to the City's Conflict of Interest Code Council Meeting: 10/06/08 From: Rachel G. Clark, City Clerk Date: September 22, 2008 Synopsis of Previous Council Action: 3/1/82 Mayor and Council adopted Resolution No. 82-99 that 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. 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, 94-31, 94- 362,96-381,97-23,98-333,2000-355,2001-345, 2002-328, 2004-338, and 2006-374 to add or delete positions required to file, or to change filing requirements and/or position titles of the various positions and/or committees contained in the code. Recommended Motion: That said resolution be adopted. ~~)J,~ Signature Contact person: R"rhp] Clark Phone: bY! 5'01 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Accl. No.) (Accl. Description) Finance: Council Notes: J!b 0 2oc:Jf' - .:3 7& Agenda Item No. J 0 10 - (, -of, STAFF REPORT TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the Common Council Rachel G. Clark, City Clerk September 22, 2008 Request for Council Action - Resolution of the City of San Bernardino amending Resolution No. 2006-374 entitled in part, "Resolution... amending Conflict of Interest Code ...," by amending Appendix A to add, delete, and change the titles of various positions within departments of the City which must file Conflict ofInterest Statements. BACKGROUND INFORMATION: 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. Therefore, the City Clerk's Office notified the Economic Development Agency and City departments of the need to review and amend their lists of designated positions, as necessary. Department heads submitted their proposed changes, which included position title changes and/or the deletion or addition of positions within their respective departments required to file a Statement of Economic Interests. My staff and I have reviewed the proposed changes and have worked with Senior Assistant City Attorney John Wilson to prepare the necessary amendments as reflected in Appendix A of the attached resolution. New titles and/or added positions are shown in bold. Old titles and/or deleted positions are designated by a strike-through. You will note that we have added a cover page to the Code, which provides the definitions for designated positions and consultants, and the position of "Consultant" has been added to each department. Telecommunications has been deleted as part of the Information Technology Department and has been moved to the Economic Development Agency's (EDA) Conflict of Interest Code. Also, on page 9, Designated Boards/Committees/Commissions, the Community Television Commission and the Mobile Home Board have been deleted as they, too, are now administered by EDA and are being included in its Code. It is recommended that the Mayor and members of the Common Council adopt the form motion. 1 2 C0L9~7 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 3 2006-37.. ENTITLED IN PART, "RESOLUTION. . . AMENDING CONFLICT OF INTEREST CODE . . . ," BY AMENDING APPENDIX A TO ADD, DELETE AND 4 CHANGE THE TITLES OF VARIOUS POSITIONS WITHIN DEPARTMENTS OF 5 THE CITY WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS (STATEMENTS OF ECONOMIC INTERESTS, FORM 700). 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. Resolution No. 2006-374, Appendix A, is amended as set forth in 10 Appendix A attached hereto and incorporated herein as though set forth in full. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I I I I IIIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII )1) -6-09 =#- /0 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 2 2006-374 ENTITLED IN PART, "RESOLUTION. . . AMENDING CONFLICT OF INTEREST CODE . . .", BY AMENDING APPENDIX A TO ADD, DELETE Al'.'D 3 CHANGE THE TITLES OF VARIOUS POSITIONS WITHIN DEPARTMENTS OF 4 THE CITY WHICH MUST FILE CONFLICT OF INTEREST STATEMENTS (STATEMENTS OF ECONOMIC INTERESTS, FORM 700). 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 2008, by the following vote, to wit: COUNCIL MEMBERS AYES ABSENT NAYS ABST AIN ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON McCAMMACK Rachel G. Clark, City Clerk The foregoing day resolution IS hereby approved this of ,2008. 24 25 Patrick J. Morris, Mayor City of San Bernardino Approved as to form: 26 James F. Penman 27 City torney 28 By: 7-. 2 CITY OF SAN BERNARDINO CONFLICT OF INTEREST CODE APPENDIX "A" Designated Positions are those positions within the City of San Bernardino who may exercise independent judgment and make or participate in the making of governmental decisions which may foreseeably have a material effect on any financial interest. Consultant* means an individual who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whether to: (i) Approve a rate, rule, or regulation; (ii) Adopt or enforce a law; (iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; (v) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code. Individuals holding designated positions shall file their statements with the City of San Bernardino City Clerk's Office, which will make the statements available for public inspection and reproduction. (Government Code Section 81008.) Upon receipt of the statements for the Mayor and Common Council, City Attorney, City Treasurer, City Manager, and members of the Planning Commission, who are listed in Government Code Section 87200, the original of these statements shall be forwarded to the Fair Political Practices Commission. * "Consultants" are required to file an assuming office statement of economic interests within 30 days of effective date of contract. [Government Code Section 87302(b).] I DESIGNATED POSITIONS DESIGNATED POSITIONS RECOMMENDED CATEGORIES Animal Control Department Director of Animal Control Consultant 1,2,4,5, & 6 I, 2, 4, 5, & 6 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 All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories City Clerk's Office Assistant City Clerk City Clerk Business Registration Supervisor Consultant All Categories All Categories All Categories All Categories Citv Manager's Office Assistant City Manager Consultant All Categories All Categories Civil Service Civil Service Board Chief Examiner Human Resources Analyst Consultant 2,4, 5, & 6 2,4,5, & 6 2, 4, 5, & 6 2 DESIGNATED POSITIONS Code CompliaBEe Enforcement Administrative Analyst II Administrative Assistant Administrative Services Supervisor Code Enforcement Director Code Enforcement Officer I Code Enforcement Officer II Deputy Director Code Enforcement Hearing Officer Senior Code Enforcement Officer Supervising Chief Executive Officer Weed Abatement Coordinator Consultant Council Office f.aministrative Analyst I Administrative Analyst II Executive Staff Assistant to the City Council Consultant Development Services Department Director of Development Services Assistant Planner Associate Planner Building Inspection Supervisor Building Inspector I Building Inspector II Building Inspector III Building Official City Engineer City engineer/Deputy Directer ef Development Services City Planner/Deputy Director of Development Services Construction Engineer Construction Inspector I Construction Inspector II Development Services Administrative Supervisor Development Services Technician Engineering Assistant I RECOMMENDED CATEGORIES All Categories AIl Categories AU Categories All Categories All Categories All Categories All Categories 1,2,4,5&<3 All Categories AIl Categories All Categories All Categories All Categories All Categories All Categories AU Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categeries All Categories All Categories All Categories All Categories All Categories All Categories All Categories 3 DESIGNATED POSITIONS Development Services Dept. - Cont. Engineering Assistant II Engineering Assistant III Engineering Associate Field Engineer NPDES Coordinator Planning Aide Plans Examiner Principal Civil Engineer Principal Planner Real Property Manager Real Property Specialist Real Property Supervisor SeRiar .'.dministrati','e Operations Super-:isor Senior Building InGpector Seniar Civil Engineer Senior Planner Senior Plans Examiner Traffic Engineer Traffic Operations Systems Analyst Consultant Facilities Management Director of Facilities Management Administrative Analyst Custodial Supervisor Facilities Maintenance Supervisor Project Manager - Energy Conservation Consultant Finance Department Director of Finance Accounting Manager Assistant Buyer Buyer Deputy Director/Budget Manager Purchasing Manager Consultant RECOMMENDED CATEGORIES All Categories All Categories All Categories .'.ll Categories All Categories All Categories All Categories All Categories All Categories AU Categories All Categories ,'.II Categories 1,2,4,5&6 ,'\ll Categaries ,'.II Categories All Categories All Categories All Categories All Categories All Categories 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 1, 2, 4, 5, & 6 All Categories 1,2,4,5, & 6 1,2,4,5,&6 1, 2, 4, 5, & 6 All Categories 1,2,4,5,&6 4 DESIGNATED POSITIONS Fire Department Fire Chief Adminimative Analyst I Administrative Analyst II Battalion Chief Deputy Fire Chief Disaster Management Coordinator Emergency Medical Services Coordinator Fire Equipment Sfler Maintenance Supervisor Fire Marshal Training Officer Consultant Human Resources Department Director of Human Resources Human Resources Supervisor Manager Risk Manager Risk Management Sjleeialist Safety Officer Workers' Compensation Adjuster Workers' Compensation Medical Only Adjuster Workers' Compensation Technician Consultant Information Technology Director of Information Technology Consultant Note: Telecommunications moved to Economic Development Agency Code Library Library Director :\ssociate Deputy Library Director Consultant RECOMMENDED CATEGORIES All Categories All Categeries AU Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories 1,2,4,5,&6 1,2,4,5,&6 1,2,4,5, & 6 1,2,1,5,&6 1, 2, 4, 5, & 6 1,2,4, 5, & 6 1,2,1,5,&6 1,2,4,5, & 6 1,2,4,5, & 6 1,2,4,5, & 6 1, 2, 4, 5, & 6 All Categories All Categories All Categories 5 DESIGNATED POSITIONS Mayor's Office Assistant to the Mayor Chief of Staff Project Manager Consultant RECOMMENDED CATEGORIES All Categories All Categories All Categories All Categories Parks, Recreation & Community Services Department Director of Parks, Recreation & Community Services Administrative Services Manager Athletic Field Maintenance Specialist Center for Individual Development Manager CommuRity CeRler MaRager Community Recreation Manager Community Recreation Program Supervisor Community Service Center Supervisor Food Service Supervisor II Landscape Inspection Supervisor Landscape Inspector II Park Maintenance Supervisor Park Projeets Supervisor Park SuperiHteRdeRt Parks Maintenance Division Manager ReereatioR SllfleriHteRdeRt ReereatioR Sllpervisor Recreation & Community Services Division Manager Retired & Senior Volunteer Program Manager Senior Administrative Analyst Senior Companion Program Manager SeRior RecreaticlR Supervisor Consultant Police Department Chief of Police Assistant Chief of Police Police Captain Police Lieutenant Consultant 1,2,4,5&6 1,2,4,5,&6 1,2,4,5,&6 I, 2, 4, 5, & 6 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 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 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 1, 2, 4, 5, & 6 1,2,4,5,&6 1,2,4,5,&6 1, 2, 4, 5, & 6 All Categories All Categories All Categories All Categories AU Categories 6 DESIGNATED POSITIONS Public Services Department Administrative Analyst II Administrati','e Operations Supervisor Administrative Services Supervisor :\rhorist Deputy Director/Street Superintendent Deputy Director/Maintenance Services Director of Puhlic Services Environmental Projects Manager Equipment Maintenance Manager Equipment Maintenance Supervisor Fleet Services Division Manager Fleet Operations Coordinator Integrated Waste Customer Service Supervisor Integrated Waste Division Manager Integrated Waste Field Inspector Integrated Waste Operations Manager Integrated Waste Operations Supervisor Maintenance Supervisor Refuse Field Inspector Sanitation Route Manager Sanitation Route Supervisor Sewer Maintenance Supervisor Solid 'Haste Manager Speeial Projects MaintenaHce SlIflervisor Street Signal/Lighting Supervisor Traffic Signal/Lighting Supervisor Tree Maintenance Supervisor/Arborist Consultant SBET A Executive Director Assistant Director Chief, Marketing/EEO Chief, Operations Division Chief, Support Division Consultant RECOMMENDED CATEGORIES All Categories All Categories All Categories All Categories f.1l 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 f.1l Categories All Categories All Categories All Categories f.1l Categories All Categories f.1l Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories 7 DESIGNATED POSITIONS Water Department General Manager Accounting Supervisor Administrative Services Manager Assistant Purchasing Agent Deputy General Manager Director, Finance Director, Environmental and Regulatory Compliance Director, Water Reclamation Director, Water Utility Environmental Control Officer Principal Accountant 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 Consultant RECOMMENDED CATEGORIES All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories 1,2,4,5, & 6 All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories 1,2, 4, 5, & 6 All Categories 8 DESIGNA TED BOARDS/COMMITTEES/COMMISSIONS All members of the following boards/committees/commissions must file Statements of Economic Interests. NAME RECOMMENDED CATEGORIES Board of Building Commissioners All Categories Central City Parking Place Commission All Categories Civil Service Board All Categories Community Television Commission All Categories Fine Arts Commission All Categories Bureau of Franchises All Categories Handicap Accessibility Appeals Board All Categories Board of Library Trustees All Categories Mobile Home Board All Categories Board of Police Commissioners All Categories Board of Water Commissioners All Categories 9 Disclosure Category 1: (Schedule A-I) Disclosure Category 2: (Schedule A-2) Disclosure Category 3: (Schedule B) Disclosure Category 4: (Schedule C) Disclosure Category 5: (Schedule D) Disclosure Category 6: (Schedule E) CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Investments in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2000 or more; and ownership interest is less than 10 percent. Investments, Income, and Assets of Business Entities/Trusts in which you, your spouse or registered domestic partner, or your dependent children had a 10 percent or greater interest, valued at $2000 or more during the reporting period. Interests in real property located within the jurisdiction of the City of San Bernardino in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2000 or more during the reporting period; rental income and loans. Income, Loans, and Business Positions - Gross income and your community property interest in your spouse's or registered domestic partner's gross income totaling $500 or more received from any source located in or doing business within the jurisdiction of tbe City of San Bernardino; job title or business position you held with a business entity (director, officer, partner, trustee, employee, or any management position) during the reporting period; and loans received or outstanding during the reporting period from a source located in or doing business within the jurisdiction of the City of San Bernardino. Gifts - reportable if fair market value is $50 or more; or multiple gifts totaling $50 or more received during the reporting period from a single source. Travel payments, advances and reimbursements. Note: Please refer to the schedule Instruction pages, which are included with the Fonn 700. for additional information. 10