CC - Item 9I - Biennial Review and Update of City's Conflict of Interest Municipal CodeROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: SEPTEMBER 28, 2010
SUBJECT: BIENNIAL REVIEW AND UPDATE OF CITY'S CONFLICT OF
INTEREST MUNICIPAL CODE
SUMMARY
The Political Reform Act (Cal. Government Code 8100) controls conflicts of interest of
public officials through disclosure of financial interest and prohibitions on participation in
the making of decision in which the official know or has reason to know he or she has
financial interest. Pursuant to Government Code 97300 and 87306, each city is
required to have a conflict-of-interest code. Pursuant to Government Code 97302, the
city shall designate employees who must disclose certain investments, income,
interests in real property, and business positions, and who must disqualify themselves
from making or participating in the making of governmental decisions affecting those
interests.
Government Code Section 87306 and 87306.5, states the code must be reviewed every
two years and amended when circumstances change, such as when new positions are
created or duties of exiting positions change. The code must be consistent with the
minimum requirements of the Political Reform Act. As a result of the current review
staff is recommending that the Rosemead Municipal Code Section 2.24.020 be
amended to incorporate the updated positions that are required to file FPPC Form 700
Statement of Economic Interest.
Staff Recommendation
That the City Council introduce for first. reading Ordinance No. 905 amending
Rosemead Municipal Code Section 2.24.020, which updates the designated positions
and disclosure categories.
ITEM NUMBER: -1 I
City Council Meeting
September 28, 2010
Page 2 of 2
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
GLORIA MOLLEDA
CITY CLERK
Attachment A: Ordinance No. 905
ORDINANCE NO. 905
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD AMENDING ROSEMEAD MUNICIPAL
CODE SECTION 2.24.020 CONFLICT OF INTEREST
CODE OF THE CITY OF ROSEMEAD THE ROSEMEAD
REDEVELOPMENT AGENCY, AND THE ROSEMEAD
HOUSING DEVELOPMENT CORPORATION
THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDAINS AS
FOLLOWS:
Section 1. Findings.
A. The Political Reform Act (Government Code Sections 81000, et seq.)
requires the adoption of a Conflict of Interest Code;
B. Government Code Section .87306.5 requires every local agency to
review its Conflict of Interest Code biennially and make any
amendments to its Conflict of Interest Code necessary due to changed
circumstances.
C. City staff has reviewed the Conflict of Interest Code for the City of
Rosemead, the Rosemead Redevelopment Agency, and the
Rosemead Housing Development Corporation, codified in Chapter
2.24 of the Rosemead Municipal Code, and determined that changes
are necessary to the list of designated positions listed in Section
2.24.020 of the Rosemead Municipal Code.
Section 2. Amendment of Section 2.24.020. Section 2.24.020 (Designated
positions and disclosure categories) of the Rosemead Municipal Code is hereby
amended to read as follows:
2.24.020 Designated positions and disclosure categories.
The following designated positions shall file statements of economic interest in accordance
with the assigned disclosure categories, Iisted for the position:
Designated Position
=
Disclosure Category
Assistant City Manager
Assistant Director of Parks & R_e_creation J
1
_Assist_ant Planner
Associate Civil Engineer
City Clerk
City Engineer
_
City Manager _
_
1
_
Community Development Manager _-I 1
Director of Community Development 1
Director_of Finance
__Director of Parks & Recreation
Director of_Public Works
1
_ Finance Manager
_ Human Resources Manager_
-
Management Analyst -
1
Principal Planner
1
Public Safety Coordinator
-
Public Safety Supervisor
1
!
_ Public Works Manager I
li
_ Public Works Superintendent ~J
1
Recreation Supervisor
1
Consultants, as that term is defined in FPPC Regulation 18700, shall be included in the list
of designated employees and shall disclose pursuant to the broadest disclosure category
in the code subject to the following limitation:
The City Manager/Agency Executive Director 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 City Manager'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.
DISCLOSURE CATEGORIES
1. Persons in this category must disclose all investments and business positions in
business entities, all sources of income, and all interests in real property.
2. Persons in this category must disclose all sources of income; business positions in
business entities; investments which pertain to a business entity or activity dealing with
real property,* and all interests in real property.
3. Persons in this category must disclose business positions in business entities;
investments and income which pertain to a business entity or activity dealing with real
property.*
4. Persons in this category must disclose interests in real property where the property is
located within the boundaries of the city; business positions in business entities; .
investments, and income from sources which provide services, supplies, materials,
machinery or equipment of the type utilized by the city in any public works project.
5. Persons in this category must disclose interests in real property where the property is
located within the boundaries of the city; business positions in business entities;
investments and income which pertain to a business entity or activity dealing with real
property.*
6. Persons in this category must disclose investments which pertain to a business entity
conducting a business in the city which requires a business license therefor pursuant to
ordinances of the city. (Amended during 1999 codification; Ord. 751 § 2 (part), 1995: prior
code §2251)
* A "business entity or activity dealing with real property" includes the sale, purchase,
exchange, lease or rental, financing for its own account or as a broker of real property, or
the development, syndication, subdivision of real property, or construction thereon, or
buildings or structures.
SECTION 3. Severability. If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or unconstitutional by
a decision of any court of competent jurisdiction, such decision will not affect the
validity of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance and each and every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 4. Effective Date and Duration. This ordinance shall take effect thirty
(30) days after its adoption.
SECTION 5. Publication. The City Clerk is directed to cause this ordinance to
be published in the manner required by law.
INTRODUCED at the regular meeting of Rosemead City Council on
September 28, 2010.
PASSED, APPROVED AND ADOPTED this day of
2010.
Gary Taylor, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Rachel Richman, City Attorney