Ordinance No. 870 - Amending the Conflict of Interest Code~J
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER C. CHI, CITY MANAGER
DATE: JANUARY 13, 2009
SUBJECT: ORDINANCE 870 - SECOND READING: AMENDING SECTION 2.24.020 OF
THE ROSEMEAD MUNICIPAL CODE TO UPDATE THE CONFLICT OF
INTEREST CODE
SUMMARY
On December 16, 2008, the City Council approved Ordinance No. 870, amending section
2.24.020 of the Rosemead Municipal Code to update the Conflict of Interest Code to revise the
designated positions for which statements of Economic Interest are required to be filed. Per
Government Code, Ordinance No. 870 must be approved at a second reading.
Staff Recommendation
Staff recommends that the City Council adopt Ordinance No. 870, on second reading.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
JkL-c-tOOL-16
GLORIA MOLLEDA
CITY CLERK
Attachment A - City Council Staff Report dated December 16, 2008
Attachment B - Ordinance No. 870
APPROVED FOR CITY COUNCIL AGENDA: " ' ITEM NUMBER:
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER IDS-C"'-
DATE: DECEMBER 16, 2008
SUBJECT: BIENNIAL REVIEW AND UPDATE OF CITY CONFLICT-OF-INTEREST CODE
BACKGROUND
The Political Reform Act (Cal. Gov't Code 81000 et seq.) controls conflicts of interests of public
officials through disclosure of financial interests and prohibitions on participation in the making of
decisions in which the official knows or has reason to know he or she has a financial interest.
Pursuant to Government Code 87300 and 87306, each city is required to have a conflict-of-interest
code. Pursuant to Government Code section 87302, this code is required to 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.
According to Government Code section 87306 and 87306.5, this code must be reviewed every two
years and amended when circumstances change, such as when new positions are created or duties
of existing positions change. The code must be consistent with the minimum requirements of the
Political Reform Act.
RMC § 2.24.020 sets forth the current designated positions and disclosure categories set forth in the
code. The current biennial review of the City's conflict-of-interest code reveals that certain changes
need to be made as a result of the addition of new job titles, the deletion of certain old job titles, and
changes in the job duties and descriptions. As a result staff is recommending that the RMC §
2.24.020 be amended to incorporate the updated "designated positions" that are required to file
FPPC Form 700 Statement of Economic Interests together with updated disclosure categories.
Staff Recommendatiori
Staff recommends that the City Council introduce for first reading the attached ordinance amending
Rosemead Municipal Code § 2.24.020 which updates the designated positions and disclosure
categories required by Government Code sections 87300 and 87302.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
1on fit ted by:
ifaci0 Garcia
City Attorney
Attachment A-Ordinance No. 2008-870
APPROVED FOR CITY COUNCIL AGENDA: vI' .
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ITEM N®.
ORDINANCE NO. 2008-870
A ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD AMENDING SECTION
2.24.020 OF THE ROSEMEAD MUNICIPAL CODE
TO UPDATE THE CONFLICT OF INTEREST CODE
TO REVISE THE DESIGNATED POSITIONS FOR
WHICH STATEMENTS OF ECONOMIC INTEREST
ARE REQUIRED TO BE FILED
WHEREAS, the Political Reform Act ("PRA"), Government Code Sections 81000 et
seq., requires every state or local government agency to adopt and promulgate a Conflict
of Interest Code; and
WHEREAS, Section 2.24.020 of the Rosemead Municipal Code contains the list of
designated positions subject to the Conflict of Interest Code and the financial disclosure
categories applicable to each position; and
WHEREAS, it is necessary to update Section 2.24.020 of the Rosemead Municipal Code,
in order to ensure that the list accurately reflects currently existing positions and job
duties,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1. Section 2.24.020 of the Rosemead Municipal Code is hereby repealed in its
entirety.
SECTION 2. Section of 2.24.020 of the Rosemead Municipal Code shall consist of
Exhibit 1 attached to this ordinance, all of which documents are hereby incorporated by
reference.
SECTION 3. Any future amendments to the City's Conflict of Interest Code. including,
but not limited to, amendments to the designated positions list or to the financial
disclosure categories, may be made by resolution duly adopted by the City Council of the
City of Rosemead.
SECTION 4. Pursuant to the Code, any person holding a designated position, including
any person holding a designated position in an acting capacity, shall file a Statement of
Economic Interest with the City Clerk. The City Council hereby delegates to the City
Clerk the authority to carry out the duties of filing officer.
SECTION 5. Pursuant to the Code, all persons assuming or leaving designated positions
must file Statements of Economic Interest within thirty (30) days after assuming or
leaving the designated position.
EXHIBIT 1
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 listed for the position:
t-'-
1'abesi natedPosition; ° r
Disclosure
Cate O
Accounting Manager
4, 5, 6
Assistant City Manager
1
Assistant Director of Parks & Recreation
4
Assistant Planner
4, 5,6
Associate Civil Engineer
4, 5,6
Associate Planner
4, 5,6
City Clerk
1
City Engineer
1
City Manager
1
City Planner
1
Code Enforcement Supervisor
4, 5,6
Deputy Public Works Director
4, 5,6
Director of Parks & Recreation
4, 5
Director of Public Safety
4, 5, 6
Economic Development Administrator
4, 5, 6
Finance Director
1
Management Analyst
1
Park Superintendent
4. 5
Public Affairs Manager
4, 5
Public Safety Coordinator
4, 5,6
Recreation Supervisor
4, 5
Senior Graffiti Abatement Manager
4, 5, 6
Senior Human Resources Analyst
4, 5
Senior Management Analyst
4, 5
Senior Planner
4, 5, 6
Police Chief (Commander-Temple Station
1
Fire Chief Area Assistant Chie '
1
Consultants* to City, Agency or RHDC
1
* The definition of "consultants" is contained in FPPC regulation 18700, a copy of which
is attached to the Rosemead Conflict of Interest Code.
Consultants 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 6. The City Clerk shall certify to the adoption of this Ordinance, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 13 day of January , 2009.
ATTEST:
-1 a)L--OA, W ~ I j 0~ -
Gloria Molleda, City Clerk
11 LID El C1 0 a I ~eCil~ , CITY CLERK of the City of Rosemead, California, do
hereby certify that the foregoing Ordinance was regularly introduced and placed upon its
first reading at a regular meeting of the City Council on the 16`h day of December, 2008.
That thereafter said Ordinance was duly adopted and passed at a regular meeting of the
City Council on the 13th day of January, 2009 by the following vote:
AYES:
NOES:
ABSENT:
oria Molleda, City Clerk