CC - Item 5C - Biennial Review and Update of the City's Conflict of Interest Code 2022ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: JUNE 14, 2022
SUBJECT: BIENNIAL REVIEW AND UPDATE OF THE CITY'S CONFLICT OF
INTEREST LIST OF DESIGNATED POSITIONS PURSUANT TO
ADOPTION OF RESOLUTION 2022-35
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.
That the City Council review and approve the changes to the City's Conflict of Interest Code by
adopting Resolution No. 2022-35 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 5.0
City Council Meeting
June 14, 2022
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Public Notice Process
This item has been noticed through the regular agenda notification process.
Prepared by:
Eric ca Hernandez, City Clerk
Attachment A: 2022 Local Agency Biennial Notice
Attachment B: Resolution No. 2022-35
Attachment A
2022 Local Agency Biennial Notice
2022 Local Agency Biennial Notice
Name of Agency: City of Rosemead
Mailing Address: 8838 E. Valley Boulevard, Rosemead, CA 91770
Contact Person:
Ericka Hernandez
Phone No.
ehernandez@cityofrosemead.org
Email: Alternate Email:
(626) 569-2171
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 BOX):
✓❑ An amendment is required. The following amendments are necessary:
(Check all that apply.)
❑ Include new positions
❑ Revise disclosure categories
Q Revise the titles of existing positions
0 Delete titles of positions that have been abolished and/or positions that no longer make or
participate in making governmental decisions
❑ Other (describe)
❑ The code is currently under review by the code reviewing body.
❑ 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 governmental
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 Code Section 87302.
Signature of Chief Executive 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 3, 2022, 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.gov
FPPC Advice: advice(Qfooc.ca.00v (866.275.3772)
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Attachment B
Resolution No. 2022-35
RESOLUTION NO. 2022-35
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 14' day of June, 2022.
Polly Low, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution No. 2022-35 was duly
adopted by the City Council of the City of Rosemead, California, at a regular meeting
thereof held on the 14`^ day of June, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
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:
Designated Position
Disclosure Cate ory
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 and Recreation
1
Director of Public Works
1
Finance Manager
1
Human Resources Analyst
1
Human Resources Manager
1
Management Analyst
1
Planning and Economic Development Manager
1
Public Safety GeeFddnatef
1
Public Safety Supervisor
1
Public Safety Manager
1
Public Works Fiscal and Project Manager
1
Public Works Manager
1
1
Recreation Supervisor
1
ReeFeaEaRMageger
1
Senior Code Enforcement Officer
1
Senior Management Analyst
1
Notes:
Disclosure Categories:
Category 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.
Category 2: 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.
(Supp. No. 34, 12-21)
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Created: 2022-04-29 12:31:12 [EST]
Category 3: 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.
Category 4: Consultants shall be included in the list of designated employees and shall disclose pursuant to the
broadest disclosure category as defined in the Fair Political Practice Commission Regulation § 18700.3(a)(2).
All future updates to the list of designated positions subject to the Conflict of Interest Code and the financial
disclosure categories applicable to each position will be made by a resolution duly adopted by the City Council of
the City of Rosemead.
(Amended during 1999 codification; Ord. 751 § 2 (part), 1995: prior code § 2251)
(Ord. No. 2008-870, §§ 1-13-09; Ord. No. 905, § 2, 10-12-10; Ord. No. 924, § 5, 11-13-12; Ord. No. 963, § 1, Exh. 1,
9-13-16; Res. No. 2020-35 , § 1(Exh. 1), 9-22-20)
(Supp. No. 34, 12-21)
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Created: 2022-04-29 12:31:12 [EST]