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Home My WebLink About09-City Clerk ORIGINAL CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION From: Rachel G. Clark, City Clerk Subject: Resolution amending Resolution 2008-376 reflecting changes to the City's Conflict of Interest Code Dept: City Clerk Date: December 12, 2008 Council Meeting: 01120/08 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, 2006- 374, and 2008-376 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. . -, I U.>.- <...... '-' - l C" J ( ,:::.;. (, t(../LJe. Signature Contact person: lhrhpl rhrk- Phone: Fy, ~lm Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: ds~ 2c:JCJ'7- / Agenda Item No. q ,#10-0' STAFF REPORT TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the Common Council Rachel G. Clark, City Clerk December 12, 2008 Request for Council Action - Resolution of the City of San Bernardino amending Resolution No. 2008-376 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 of Interest Statements. BACKGROUND INFORMATION: Pursuant to the Political Reform Act, on November 6, 2008, the City updated its Conflict of Interest Code by adopting Resolution No. 2008-376. Shortly thereafter it was determined that seven positions in the Development Services Department that should have been included in the code had been omitted. And, in the meantime, the position of Disaster Management Coordinator in the Fire Department was renamed to Emergency Services Manager. The sole purpose of this update to the code is to include the seven omitted positions in the Development Services Department and the title change in the Fire Department. The new job titles are shown in bold and the old title in the Fire Department is shown with a strike through. These changes were reviewed with both the Director of Development Services and the Fire Chief and they have concurred with same. It is recommended that the Mayor and members of the Common Council adopt the form motion. 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 3 2008-376 ENTITLED IN PART, "RESOLUTION. . . AMENDING CONFLICT OF 4 INTEREST CODE . . . ," BY AMENDING APPENDIX A TO ADD, DELETE AND 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 RESOLUTION NO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. Resolution No. 2008-376, Appendix A, is amended as set forth in 9 10 Appendix A attached hereto and incorporated herein as though set forth in full. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 2 2008-376 ENTITLED IN PART, "RESOLUTION. . . AMENDING CONFLICT OF 3 INTEREST CODE. . .", BY AMENDING APPENDIX A TO ADD, DELETE AND 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 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 2009, by the following vote, to wit: 9 COUNCIL MEMBERS 10 11 12 13 NAYS ABST AIN ABSENT AYES ESTRADA BAXTER BRINKER 14 VACANT 15 KELLEY 16 17 18 19 JOHNSON McCAMMACK 20 21 22 23 24 25 Rachel G. Clark, City Clerk The foregoing resolution IS hereby approved this day of ,2009. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: 26 James F. Penman 27 City Attorney 28 2 CITY OF SAN BERNARDINO CONFLICT OF INTEREST CODE APPENDIX "A" Desi2nated 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 and a leaving office statement within 30 days of end of contract. [Government Code Section 87302(b).] 1 DESIGNATED POSITIONS DESIGNATED POSITIONS Animal Control Department Director of Animal Control Consultant Citv 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 Citv Clerk's Office Assistant City Clerk City Clerk Business Registration Supervisor Consultant City Mana2er's Office Assistant City Manager Consultant Civil Service Civil Service Board Chief Examiner Human Resources Analyst Consultant 2 RECOMMENDED CATEGORIES 1,2,4,5, & 6 1,2,4,5, & 6 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 2,4, 5, & 6 2, 4, 5, & 6 2,4, 5, & 6 DESIGNATED POSITIONS Code Enforcement Administrative Analyst II Administrative Assistant Administrative Services Supervisor Code Enforcement Director Code Enforcement Officer I Code Enforcement Officer II Deputy Director Code Enforcement Senior Code Enforcement Officer Supervising Chief Executive Officer Weed Abatement Coordinator Consultant Council Office Administrative Analyst II Executive Staff Assistant to the City Council Consultant Development Services Department Administrative Analyst I Assistant Director 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 Planner/Deputy Director of Development Services Construction Engineer Construction Inspector I Construction Inspector II Construction Survey Manager Deputy City Engineer Development Services Administrative Supervisor Development Services Technician Engineering Assistant I RECOMMENDED 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 All Categories All Categories All Categories All Categories 3 DESIGNATED POSITIONS Development Services Dept. - Cont. Engineering Assistant II Engineering Assistant III Engineering Associate NPDES Coordinator NPDES Inspector Planning Aide Plans Examiner Principal Civil Engineer Principal Planner Real Property Manager Real Property Specialist Senior Civil Engineer Senior Planner Senior Plans Examiner Traffic Engineer Traffic Engineering Associate 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 Buyer Deputy Director/Budget Manager Purchasing Manager Consultant RECOMMENDED 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 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 All Categories 1,2,4,5,&6 All Categories 4 DESIGNATED POSITIONS Fire Department Fire Chief Administrative Analyst II Battalion Chief Deputy Fire Chief Disaster MaAagemeRt CoortliRater Emergency Medical Services Coordinator Emergency Services Manager Fire Equipment Maintenance Supervisor Fire Marshal Training Officer Consultant Human Resources Department Director of Human Resources Human Resources Manager Risk Manager Safety Officer Workers' Compensation Adjuster Workers' Compensation Technician Consultant Information Technolo2Y Director of Information Technology Consultant Library Library Director Deputy Library Director Consultant RECOMMENDED CATEGORIES All Categories All Categories All Categories All Categories .'.11 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 1,2,4,5, & 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 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 Athletic Field Maintenance Specialist Center for Individual Development Manager Community Recreation Manager Community Recreation Program Supervisor Community Service Center Supervisor Food Service Supervisor II Landscape Inspection Supervisor Landscape Inspector II Park Maintenance Supervisor Parks Maintenance Division Manager Recreation & Community Services Division Manager Retired & Senior Volunteer Program Manager Senior Administrative Analyst Senior Companion Program Manager 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 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 All Categories 6 DESIGNATED POSITIONS Public Services Department Administrative Analyst II Administrative Services Supervisor Deputy Director/Maintenance Services Director of Public 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 Sewer Maintenance Supervisor Street Signal/Lighting Supervisor Tree Maintenance Supervisor/ Arborist Consultant SBETA Executive Director Assistant Director Chief, Marketing/EEO Chief, Operations Division Chief, Support Division Consultant RECOMMENDED 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 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 DESIGNATED 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