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CC - Item 4C - Biennial Review and Update of the City’s Conflict of Interest List of Designated Positions Pursuant to Adoption of Resolution No. 2020-35ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COU, N^CIL FROM: GLORIA MOLLEDA, CITY MANAGER,• \" ` - DATE: SEPTEMBER 22, 2020 SUBJECT: BIENNIAL REVIEW AND UPDATE OF THE CITY'S CONFLICT OF INTEREST LIST OF DESIGNATED POSITIONS PURSUANT TO ADOPTION OF RESOLUTION 2020-35 SUMMARY The Political Reform Act (California Government Code 81000) controls conflicts of interest of public officials through disclosure of financial interest and prohibitions on participation in the making of decisions in which the official knows or has reason to know he or she has financial interest. Pursuant to California Government Code 87306, each city is required to have a conflict- of-interest code, review its code biennially, and make amendments, if necessary. The biennial review requires that the City 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. RECOMMENDATION That the City Council review and approve the changes to the City's Conflict of Interest Code by adopting Resolution No. 2020-35 with the updated list of designated positions and Disclosure Categories. DISCUSSION California Government Code Sections 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 current list of designated positions be amended to incorporate the updated positions that are required to file FPPC Form 700 Statement of Economic Interest. In addition, the City Council adopted Ordinance 963, which authorizes changes to the list in the Rosemead Municipal Code Section 2.24.020 Conflict of Interest Code designated positions by City Council resolution. AGENDA ITEM 4.0 City Council Meeting September 22, 2020 Page 2 of 2 Public Notice Process This item has been noticed through the regular agenda notification process. Prepared by: Ericka Hernandez, City Clerk Attachment A: 2020 Local Agency Biennial Notice Attachment B: Resolution No. 2020-35 Attachment A 2020 Local Agency Biennial Notice Name of Agency Mailing Address: Contact Person: 2020 Local Agency Biennial Notice City of Rosemead 8838 E. Valley Boulevard Ericka Hernandez Phone No. (626) 569-2171 Email: ehernandez@cityofrosemead.org Alternate Email: Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one BOA: 0 An amendment is required. The following amendments are necessary: (Check all that apply.) p Include new positions p Revise disclosure categories ❑ Revise the titles of existing positions ❑ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions ❑ Other (describe) 0 The code is currently under review by the code reviewing body. 0 No amendment is required. (If your code is over five years old, amendments may be necessary.) Verification (to be completed if no amendment Is required) This agency's code accurately designates all positions that make or participate in the making of govemmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government ode Section 87302. September 17, 2020 Signature of Chi-eTExiecutive Officer Date All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2020, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. www.fooc.ca.00v FPPC Advice: advice@fooc.ca.gov (866.275.3772) Page 1 of 1 Attachment B Resolution No. 2020-35 RESOLUTION NO. 2020-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, UPDATING THE LIST OF DESIGNATED POSITIONS REQUIRED UNDER THE CITY'S CONFLICT OF INTEREST CODE 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, the City Council adopted Ordinance 963 on September 13, 2016, which provided that future amendments to the City's Conflict of Interest Code including, but not limited to, amendments to the list of designated positions or to the financial disclosure categories, shall be made by a resolution duly adopted by the City Council of the City of Rosemead; and WHEREAS, it is necessary to update the list of designated positions required under the City's conflict of interest 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. The City Council hereby adopts the proposed list of designated positions required under the City's Conflict of Interest Code as Exhibit 1. SECTION 2. 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 3. 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. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED this 22"d day of September, 2020. Sandra Armenta, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Ericka Hernandez, City Clerk Exhibit 1 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: -DesinAte Position Disclosure Category Assistant City Manager 1 Assistant Planner 1 Associate Planner 1 Building Official 1,4 Consultants 1,4 City Clerk 1 City Engineer 1,4 Deputy City Clerk 1 Director of Community Development 1 Director of Finance 1 Director of Parks & Recreation 1 Director of Public Works 1 Human Resources Manager 1 Management Analyst 1 Planning & Economic Development Mana er 1 Public Safety Coordinator 1 Public Safety Supervisor 1 Public Works Manager 1 Public Works Superintendent* 1 Recreation Supervisor 1 Recreation Manager * 1 Senior Code Enforcement Officer 1 Senior Manage ent Analyst 1 *Existing positions currently not funded. DISCLOSURE CATEGORIES Category Persons in this category must disclose all investments and business positions in business entities, all sources of income, and all interests in real property. Category2 Report interests in real property located in your agency's jurisdiction. Real property is also considered to be "within the jurisdiction" of a local government agency if the property or any part of it is located within two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. Category3 The source and income including gifts, loans and travel payments must be reported only if the source is located in, doing business in, planning to do business in, or has done business during the previous two years in your agency's jurisdiction. 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