HomeMy WebLinkAboutResolution 00-190 N.C.S. 10/16/2000 Resolution No. 00-190 N.C.S.
of the City of Petaluma, California
ADOPTING A CONFLICT OF INTEREST CODE FOIL PUBLIC OFFICIALS AND
DESIGNATED EMPLOYEES AS REQUIRED B~' THE POLITICAL REFORM ACT
AND REGULATIONS OF THE FAIR POLITICAL PRACTICES COMMISSION
AND REPEALING RESOLUTION 99-227 N.C.S.
WHEREAS, the State of California has adopted California Code of Regulations, Title 2, Division 6,
Section 18730 -Provisions for Conflict of Interest Code; and
WHEREAS, Government Code Section 87300 and related regulations allow local municipalities to
adopt the State Conflict of Interest Code, as amended from time to time, by reference,
NOW THEREFORE, the Council of the City of Petaluma does RESOLVE as follows:
SECTION 1. Resolution No. 99-227 N.C.S. is hereby repealed.
SECTION 2. The Conflict of Interest Code for the City of Petaluma is hereby adopted as
follows:
CONFLICT OF INTEREST CODE FOR THE CITY OF PETALLTMA
The Political Reform Act, Government Code Section 81000, et seq., requires State and local government
agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has
adopted a regulation (Z California Code of Regulations Section 18730), which contains the terms of a
standard Conflict of Interest Code. It can be incorporated by reference and after public notice and hearing it
may be amended by the Fair Political Practices Commission to conform to amendments in the Political
Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments
to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This
resolution, the attached code, and Appendices "A" and "B" shall constitute the Conflict of Interest Code of
the City of Petaluma.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on October 16, 2000, Approved as to
by the following vote: form:
Ci Attorney
AYES: Cader-Thompson, Keller, Maguire, Hamilton, Vice Mayor Torliatt, Mayor Thompson
NOES: None
ABSENT: Healy
ATTEST:
City Cl k Mayor
Resolution No. 00-190 NCS
CITY OF PETALUMA~ CALIFORNIA
CONFLICT OF INTEREST CODE
Section 100. Purpose. Pursuant to the provisions of Government Code Section 87300, et seq,
the City Council of the City of Petaluma adopts the following Conflict of Interest Code for all
employees and positions designated in Appendix "A." This Code is not intended to modify or
abridge the provisions of the Political Reform Act of 1974 (Government Code Section 8100).
The requirement of this Code is in addition to the requirement of Government Code Section
87100 and other laws pertaining to conflicts of interest. Except as otherwise indicated, the
definitions of the Act and Regulations of the Fair Political Practices Commission are
incorporated by reference.
Section 200. Designated Positions. The positions listed in Appendix "A" are designated
positions. Persons holding those positions may make, or participate in the making of decisions
which may foreseeably have a material effect on financial interests.
Section 300. Disclosure Statements. Designated positions are assigned to one or more of the
disclosure categories set forth in Appendix "B." Each designated employee shall file an annual
statement disclosing that person's interest in investments, real property, and income, designated
as reportable under the category to which the person's position is assigned.
Section 400. Place and Time of Filing.
. (a) Place of Filing. All persons required to submit a Statement of Economic Interests shall
file the original with the City of Petaluma's City Clerk's Office.
(b) Retention of Statements. The City Clerk's Once shall retain the original Statements of
Economic Interests.
(c) Assuming Office Statements. All persons appointed, promoted or transferred to be
designated positions shall file Assuming Office Statements within thirty (30) days after
assuming the designated position.
(d) Annual Statements. Annual Statements shall be filed by. all designated employees no
later than April 1 each year. Such statements shall cover the period of the preceding
calendar year.
(e) Leaving Office Statements. All person who leave designated positions shall file
statements within 30 days after leaving office or termination of contract.
(f) Expanded Statements. A person required to file a Statement of Economic Interests with
any other agency which is within the same temtorial jurisdiction may comply with the
provisions of this Code by filing an expanded statement with the other agency, in lieu of
an entirely separate document, provided that the 'duplicate copy is signed and verified by
the designated employee as if it were an original.
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CITY OF PETALUMA, CALIFORNIA
CON1rI,ICT OF INTEREST COIDE
Section 500. Period Covered :bv Statements of Economic'Interests.
(a) Contents of Initial Statements. Initial statements .shall disclose any reportable
investments; interests in real property, and business positions held on the effective date of the
Code and income received during the 12 months prior to the effective date of the Code.
(b) Contents of Assuming Office Statements. Assuming Office Statements shall
disclose any reportable investments, interests in real property and business positions held on the
date of assuming office and income. received during the 12 months prior to the date of assuming
office.
(c) Contents of Annual Statements. Annual Statements shall disclose any
reportable investments, interests in real property and income and business positions during the
period -since the previous statement filed under this section or section (b). .
(d) Contents of i,eaving Office Statements. Leaving Office Statements shall
disclose reportable investments, interests in real property, income and business positions held or
. received during the period between the closing date of the last statement filed and the date. of
leaving office.
Section 600. Contents of Disclosure Statements. Disclosure Statements shall be made
on forms .supplied by the City Clerk (Statement. of Economic Interests form) and shall contain
the following information required by the applicable disclosure category:
(a) Contents of Investment and Real Property Reports: When an investment or an
interest in:real property is required to be.reported, the statement shall contain:
(1) A statement of the nature of the investment or interest.
(2) The name of the business entity in which each investment is held, and a general
description of the business activity in which the business entity is engaged.
(3) The address or other precise location of the real property.
{4) A statement; whether the fair market value of the investment or interest in real
property exceeds one thousand dollars ($1,000), exceeds ten thousand dollars
($10,000), of exceeds one hundred thousand dollars ($100,000).
(b) Contents of;Personal Income Reports: When personal income is required to be
reported, the statement shall contain: .
(1) The name and address of each. source of income aggregating three hundred dollars
($300) or more in value, or fifty dollars ($50) or .more in value if the income was
a gift; and a general description ofthe business activity,.. if any, of each source.
(2) A statement whether the aggregate value. of income from each source, or in the
ease of a loan, the highest amount owed. to each source, was one thousand dollars
. ($1,000), or greater than ten thousand dollars ($10,000).
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CITY OF PETALUMA, .CALIFORNIA
CONFLICT OF`INTEREST' CODE
• (3) A.description of the consideration, if ariy, for which the income was•received.
. (4) Ln the ease of a gift, the name; address aril business activity of the donor and any
. intermediary through which the gift was made; a description of the gift; the
amount or value of the gift; and the date on which the gift was received.
(5) In the case of a loan, the annual interest rate and the security, if any, given for the
loan and the term of the loan.
r (e) Contents of business Entity Income Reports: When income of a business entity;
including income of a sole proprietorship, is required to be reported, the statement shall contain:
(1) The name, :address, and a general description of the business activity of the
business entity.
(2) The name of every person from whom the business entity received payments if
the filer's pro rata share of gross receipts from such person was equal to or greater
than ten thousand dollars ($10,000).
(d) Acquisition or Disposal During Reporting Period: ~ In the case of a statement
filed. under Section 400(d), f'the investment, or interest in real property; was partially or wholly
.acquired or disposed. of during: the period covered by the statement, the date of acquisition or
disposal.
.Section 700. Disqualification.. No designated employee- shall make, participate in making,
• or in any ;way attempt to use his or her official position to influence the making of any
governmental decision which he or she knows or has reason to know will have a reasonably
.foreseeable material financial ..effect, distinguishable from its effect on the public generally, on
the official or a member of his or her immediate family or on:
(a) Any business entity in which he designated employee has a direct or indirect investment
worth one thousand dollars ($1,000) or more.
(b) Any real property in which the designated employee has a direct or indirect interest worth
one thousand dollars ($1,000) or more.
(c) Any source of income, other than gifts and other than loans by a commercial.lending
institution in the regular course of business on terms available to the public without
regard to official status, aggregating three .hundred dollars ($300) or more in value
provided tq, received by or promised to the designated employee within 12 months prior
to the time when the decision is made.
(d) Any business entity in which the designated employee is a director, officer; partner,
trustee; employee; or holds anyposition of management.
(e) Any donor of,, or any intermediary or agent for a donor of, a gift or gifts aggregating three
hundred' dollars ($300) or more provided to, received by, or promised to the designated
® employee within 12 months prior to the time when the decision is made.
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CITY OF PETALUIVIA, ~ CALIFORNIA
CONFLICT ®F IN~REST C®I)E
Section 800. ,TVlanner of Discaualification. When a designated employee: determines
that he or she should not make a governmental decision because he or she has a disqualifying
interest in it, the determination .not to act must be accompanied by disclosure of the disqualifying
interest. In the case of a voting body, this determination and disclosure shall be made part. of the
agency's official record. In the ease of a designated employee who is the head of an agency, this
determination. and disclosure shall be made in writing to his or her appointing authority. In the
case of other designated employees; -this determination shall be made in writing to 'the designated
employee's supervisor.
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Exhibit "M" -Appendices'"A" and "B"
s CITY OF PETALUMA, CALIFORNIA. _ ~
Conflct of Interest Code
Appendix "A"
Public Officials and.Employees Designated to File as Promulgated under the'State of
California's. Conflict of Interest Code
"Public Official at any aevel of state of local government" means a member, officer, employee,
or consultant of a state- nor local government agency: The term "public official" also includes
individuals who perform the same or substantially the ,same. duties as an individual holding an
office or a position • listed in 'Government Code Section 87200,_: including "other public officials
who manage public investments" as that term is defined in 2 Cal. Code of Regs. Section 18720.
(1) "Member" shall include, but not be limited to, salaried or unsalaried members of boards
or commissions with decision-making authority. ' Aboard or commission possess
decision-making authority whenever
(a) It may make a final ,governmental decision;
(b) It may compet a ,governmental decision,. or it may prevent a governmental decision
• either by .reason of an exclusive power to initiate the, decision or by reason .of a veto
which .may not be ovemdden; or
(c) It makes .substantive recommendations, which are, anal over an extended. ,period. of
time have been; regularly approved without significant amendment or modification
. by another public official or governmental agency:
(2) A "designated employee" is an officer, employee, member or consultant of an agency
whose. position is designated in the code because the position entails the making or
participation in the making of governmental decisions that may have a foreseeable
material effect on any financial interest: (Government Code Section 82019)
(a) Making a governmental. decision means the person:
1. Votes on a matter;
2. Appoints a person;. •
3. ~ Obligates or commits his or her agency to any course of action;. or
. 4. Enters into any contractual agreement on behalf of his or her agency.
(b) Participating in the making of a decision, means the person:
1. Negotiates, without significant substantive review, with a governmental entity or
private person regarding the decision; or
2. Advises or makes recommendations. to the decision-maker by conducting
research or an investigation, preparing or presenting a report, analysis. or opinion-
which requires the exercise of judgement on the part of the employee and the
employee'is attempting to influence the decision..
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(c) The: term "designated employee" does not include:
1. Public officials specified in Government Code `Section 87200:
planning commissioners
city council members
mayors
' city managers
city attorneys
.city treasurers
..other city, county.;. and local agency public officials who manage: public
investments
2. Solely clerical, ministerial or manual .positions
3. Unsalaried members of boards or commissions which are solely advisory
(3) "Consultant" .means:: an individual whom, pursuant to a contract with astate or local
government agency;
(a) Makes a governmental decision whether to:
1. .Approve a rate, rule, or regulation;
2. ,Adopt or enforce a law;
3. Issue, ,deny, suspend, or revoke any permit; icense, application, certificate,
approval, order or similar authorization or entitlement;
4. .Authorize the agency to enter into; modify, or renew a contract ,provided it is the
type of contract ,which requires agency approval and in which the agency is a
,party or to the specifications for such a contract;
5: Grant, agency approval to a contract which requires agency approval .and in
which the .:agency is' a party onto the specifications.for such a contract;
6. Grant agency approval to .a plan, design, report; study,. or similar item;
7. .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 that would otherwise be
performed. by an individual, holding a position specified in the agency's Conflict of
Interest Code.
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CITX OF PETALUNIA, CALIFORNIA
Conflict of Inte~est:Code
Appendix «A~9
Titles/Positio~s' off
`:Persons 12equired t® Subant Statements of Ecoaeo~nic'Interests
And Disclosure Categories
' ~ Elected and.Appointed Otlicials
'I'itle%Position Category
Public Officials
Mayor 1
City'Council Members .................................:....,.........:.....................:...1
City Attorney ........:...:............................................:.......................................1
City. Clerk ...................................................................,...................................1
City Mariager ............._..............._...................................................................1 '
Appointed ®fficials '
-Airport Commissioners 1
1
Animal Services Advisory Committee Members
Bicycle Advisory Committee Members 1
Building Board of Appeals Members 1
I~istoric and Cultural Preservation'Committee 1Vlembers'<.:: 1
Personnel Board Members :..:..:.:...._......:.............1
Petaluma Community Development Commission (:Same as City Council l
'Planning. Commission Members 1
Recreation,.lVlusic.andParksCommissioners :.::..............................1
Site Plan and Architectural Review Board.:Members.._... ...................._.._.........1
'Tree Advisory Committee Members ...........:...................................................1
Youth Commission Members 1
.Designated Employees
City Attorney',s Office
Assistant City Attorney ....................._............................................................1
City Clerk's'Oflice
Assistant%Deputy City Clerk .:.............:........_........................:...............:.........3
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CITY OF PETAI:UNIA, CALIFORNIA
Conflict. of Interest Code
APpendi, uA»
'Title~]Postion Categorv;
City 1Vlanager's Office
Assistant City Manager .:.......................................................:........................1
Director of General Plan. Administration._ ...:.....................-.........:..:................1
Executive Assistant ............................._................_.........................................1
Geographic Information .Systems Manager .....................................................3
Geographic Information Systems Technician UIL ...........................................9
Information. Systems 1Vlanager...:.,
..................,.......,....................................:..3
Information.. Systems Analyst........,......, ......................._..........:.......................9
Data,.and Telephone Communications ............................._..._..........................3
Director of Economic Development and Redevelopment.,, .................._..........1
Community Development
Assistant Planner......., :..:............................_...................................................4
Assistant Civil.Engineer :................................................_....................._.........2
Associate Civil Engineer ..............................:.......:......_....................:....:2 '
Associate Planner.._ .....................................................:..................................4
Building Inspector :.................................................._....,..........................3
Chief Building Official........_............. .............................................................3
Community Development Director..._ .............................................................1. .
.Permit Processing Technician ............:....._........._,..........,............_................_...3
:Planning:Manager i
.Planning Technician ......:......::............................_........._................._........:...:4
P1ansExaminer ......:......................................................................_.._....4
Principal Planner ......................................................................................_.....4
Public'Works Inspector ............................................_.,......................_..,.........2
Senior Planning Technician .................:..........................._.............4
Consultants ......................................................................1-9, as Applicable*
Finance (Department
Senior Accountant ........................................................::................................1
.Buyer 8
Controller ..........................................1
Director ..........:...............................................:...............................................1
Office Assistant II ..........................................................................................8
..Fire Department
Battalion Chief........._.. ........................................................:..........................4
.Battalion Chief/Training Officer .....:................_............,..,.,...........................4
Fire Chief ..:..:.....:._..:,....:................................_...:...........................................1
Fire Marshal ...................................................................................................1
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CITx OF PETALUNIA, CALIFORNIA
Conflict of Interest. Code
Appendiz u~»
~ous'ing
Housing. Administrator ................._........:........,.:,...............:.._......................1
Duman Resources
Analyst ............................................,................................,............................5
Director%Risk Manager,, ..:......................:...........:.............,.............................1
Personnel Technician ......:......_....................................._..........:....._.............:..5
Parks and Recreation '
Coordinator 3
Director...........:...., ...........:.......................1
Park Maintenance Lead Worker :..................................,...............................:.6
Parks Supervisor .............................................................................................5
Police Departareent
Police Chie£...._ ............:.._.................................................:........_.................,.1
Police Captain ................................................................................................1
- Police Lieutenant l
Police .Sergeant..........., ..............................._...................................................1
Police'Officer .............:...................................................................................2
Public Safety Training/Grants Analyst.: ..................:.:......:...............................2
.Public Safety. Technology.Project Manager 9
DispatcherlCommunications 5
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CITY O)F'.PETALUIVIA, CALF®ItNIA
Conhict of "Interest Code .
~PPendiz "A"'
Public Facilities amd Services
_ :7
Airport 1Vianager....,..,......,,..
Animal Services Manager.,,.. ..:.:..:,.:...........:................:......:........7
...............................................7
.Building Maintenance Supervisor....
Budget, Grants and.Projeet Manager .:......,.........................:.,.......1
Director ...........................................................1
Supervising Civil Engineer.,.,........._ ..::...............,...~:......_....._............_..1 -
Traffic Engineer .....:....................................:.....,...........................................4
Water Resources and Conservation
Director._ ...:..........................:.........................._...:_........,........................:.......1
Engineering Manager , . ~...........................1
.....................8
Utility Manager
Utility Supervisor...._ ......................................................._............._................8
. Utility Maintenance and Operations Supervisor .......................................:......8
*The awarding authority of a particular consultant contract shall require a particular consultant to
file a Statement of Economic Interests if the awarding'auth`ority finds that aconsultant-will:
A. Make a government decision fio:
1: Approve a rate,. rule or regulation.
2.. Adopt or enforce; a rule.
. 3. Issue; deny, suspend or revoke any permit; .license; application, certificate; approval,,
order nor similar authorization or entitlement.
4. Authorize. the City to enter into, modify or renew a contract, provided it is the type of
:contract. that requires City approval.
5. Grant City approval to a, contract requiring such .approval and to which the City is party
or approval to the specificatons;for such a contract.
6. Giant City approval to a plan, .design, report,. study or similar term.
7~. Adopt or grant approval of policies, standards or guidelines for the City or for any
subdivision. thereof.
B. Serve in a staff capacity with the 'City and in that capacity performs the same or substantially
all of the same duties for the City. that would ::otherwise be performed by an individual
holding a position'speeified in the City's Conflict of Interest Code.
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TTY .OF PETA)?U1VIA, .CALIF®RNIA ,
Conflict of Interest; Code
APpendiz
.Explanation. of Code Category (Designations.
1. Person in this category must. disclose all investments and business positions in business
entities, sources of income and' interest"s in:real property. All Schedules
2. Persons in this category- must disclose all investments and business positions. in business
entities and sources of income. All Schedules except Schedule B "Interests in (zeal
Property"
3. Persons in this category must disclose all investments and business positions in business
entities and sources of income; which provide, manufacture or supply, serves supplies,
materials; machinery or :equipment of'the type utilized by' or subject to the ..review or approval
of the City. All Schedules except Schedule B "Interests in Izea1 Property"
4. Person in this category must report everything required 'by category 3 and' all interests in real.
property. All Schedules
5. Persons •in this category must report all ,investments and business positions in business
entities and sources of 'income which .provide, manufacture or supply equipment, supplies,
material, services or ..machinery of the type utilized by or subject to the review or .approval of
the department in which that person is employed. All Schedules except' Schedule B
"Interests in _){zeal Property"
6. Persons in this category must •report all positions; interests, and sources described in category
5 and all interests in real property. A16 Schedules
7. Persons in this category must. report all investments and. business positions in business
entities and sources of income. which .provide, .manufacture or supply supplies; equipment,
machinery, services or material of 4he type utilized by or subject to the review or approval of
the division in which that person is employed. All Schedules except Schedule "Interests
in (zeal"Property"
8: Persons in this; category must report all positions; .interests and sources described in category
7 and, all interests in real property. All. Schedules
9. Persons in this category must report all investments °in business entities and sources. ~ of
• income which provide; supply;. manufacture or service computer hardware or software of the
type utilized by the City. All Schedules except Schedule: B "-Interests in Real Property"
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