14-B
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to 1) Adopt Resolution No. 22-52 - A Resolution adopting the 2022 Conflict of Interest Code for the City of Bellflower in accordance with the Political Reform Act, and superseding Resolution No. 20-61; and 2) receive and file the Bellflower Public Facilities Corporation’s 20 22 Local Agency Biennial Notice determining that no amendment is required to its Conflict of Interest Code.
DATE: September 12, 2022
EXECUTIVE SUMMARY
A Conflict of Interest Code (COIC) tells public officials, governmental employees, and consultants what financial interests they must disclose on their St atements of Economic Interests (Form 700). Under the Political Reform Act (Government Code § 8100, et seq.), every local agency must review its COIC on a biennial basis. If positions or titles changed in the local agency’s organization, then the legislative body must amend the COIC before October 3, 2022. On June 13, 2022, the City Council directed the City Clerk to review the COIC pursuant to the Political Reform Act (PRA) (Government Code § 87306.5). The City Clerk, in consultation with the City Attorney, City Manager, and Department Heads, completed the review of the 2022 Conflict of Interest Codes for the City and Bellflower Public Facilities Corporation (“BPFC”) and determined that only the City’s code requires an amendment.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 22-52; and
2) Receive and file the Bellflower Public Facilities Corporation’s 202 2 Local Agency Biennial Notice; or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
1 Staff Report – Biennial Review of the Conflict of Interest Codes September 12, 2022
BACKGROUND
Every two years, local governments must review their COIC to determine if changes must be made to reflect the government’s organizational structure. The COIC must accurately designate 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 COIC includes all other requirements of Government Code § 87302. Under California law, the 2022 COIC must be reviewed and amended before October 3, 2022.
Within 90 days after receiving any proposed amendments or revisions, the code reviewing body will:
(a) Approve the proposed code as submitted;
(b) Revise the proposed code and approve it as revised; or (c) Return the proposed code for revision and resubmission within 60 days, at which time the code reviewing body will either approve the revised code or revise it and approve it. (Government Code § 87303)
On June 13, 2022, the City Council directed the City Clerk to review the COIC pursuant to the PRA. The City Clerk, in consultation with the City Attorney, City Manager, and Department Heads, completed the review of the COICs for the City and BPFC and determined that the City’s COIC requires an amendment, while the BPFC’s COIC does not. The following amendments to individual positions are recommended to reflect current City operations and complete the 2022 biennial review:
TITLE / ORGANIZATIONAL CHANGES
FROM: Marketing Specialist
TO: Senior Marketing Specialist
FROM: Management Analyst I (Public Works)
TO: Management Analyst II (Public Works)
FROM: Code Enforcement Supervisor (Planning)
TO: Code Enforcement Supervisor (Public Safety)
FROM: Code Enforcement Inspector (Planning)
TO: Code Enforcement Inspector (Public Safety)
CORRECTIONS
FROM: Public Safety Review Commission
TO: Public Safety Review Committee
ADDED POSITIONS
Management Assistant (City Clerk’s Office)
Management Assistant (Economic Development)
Public Safety Manager
2 Staff Report – Biennial Review of the Conflict of Interest Codes September 12, 2022
ATTACHMENTS
2022 Local Agency Biennial Notice (City) ....................................................................... 3 City’s Proposed Conflict of Interest Code (Resolution No. 22-52) ................................... 4 2022 Local Agency Biennial Notice (BPFC) .................................................................... 9
3 www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2022 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: 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 BOX):
q An amendment is required. The following amendments are necessary:
(Check all that apply.)
¡Include new positions
¡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)
q The code is currently under review by the code reviewing body. q 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.
City of Bellflower
16600 Civic Center Drive, Bellflower, CA 90706
Mayra Ochiqui, City Clerk (562) 804-1424, ext. 2222
[email protected] [email protected]
4 n
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September 12, 2022
4 CITY OF BELLFLOWER
RESOLUTION NO. 22-52
A RESOLUTION ADOPTING THE 2022 CONFLICT OF INTEREST
CODE FOR THE CITY OF BELLFLOWER IN ACCORDANCE WITH THE
POLITICAL REFORM ACT, AND SUPERSEDING
RESOLUTION NO. 20-61
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds, determine and declare as follows:
A. The Political Reform Act (Government Code §§ 81000, et seq.; the “PRA”) and regulations adopted pursuant to the PRA (2 Cal. Code of Regs. §§ 18700, et seq.; “FPPC Regs.”) require local government to adopt Conflict of Interest Codes (“COIC”).
B. The Fair Political Practices Commission promulgated FPPC Regs. § 18730, which contains the terms of a standard conflict of interest code that can be incorporated by reference as the City’s COIC.
C. On June 13, 2022, the City Council directed the City Clerk to review the COIC pursuant to the PRA (Government Code § 87306.5) after identifying certain changes.
D. The City Clerk finished that review and made recommendations which the City Council incorporated into this Resolution.
E. To fulfill its obligations under the PRA and FPPC Regs., the City Council adopts this 2022 Bellflower COIC as set forth in this Resolution.
SECTION 2. 2022 Bellflower COIC – Generally. FPPC Regs. § 18730 is adopted by reference as the City of Bellflower’s 2022 COIC. Except as modified in this Resolution, all requirements of FPPC Regs. § 18730 apply as if fully set forth in this Resolution.
A. The term “investment” applies to financial interests in non-profit organizations as well as business entities;
B. The term “Appendix” refers to Section 3 of this Resolution.
5 City of Bellflower
Resolution No. 22-52
SECTION 3. Designated Officials, Employees and Consultants. For purposes of FPPC Regs. § 18730, designated employees and consultants are set forth below:
A. Designated Officials and Employees:
The positions listed below are designated positions. Officers and employees holding those positions are designated employees and are deemed to make or participate in making decisions which may foreseeably have a material effect on a financial interest. Disclosure includes specific types of investments, business positions, interests in real property, and sources of income which may foreseeably be materially affected by any decision made or participated in by the designated employee. Such disclosures must be made at the times and circumstances described by the City’s Conflict of Interest Code.
Designated employees must disclose all interests as required by the Political Reform Act and regulations promulgated thereto. When a new position classification is created by the City Manager for City Council approval, the City Manager’s Office will recommend that the City Council decide whether the new position will be required to file a Statement of Economic Interest and be included as a designated position in the Conflict of Interest Code.
When the City Council establishes a Commission, Committee, or Board, the City Council will decide whether the members of the Commission, Committee, or Boards be included as a designated position in the Conflict of Interest Code and the members of the Commission, Committee, or Board so designated by the City Council, will be required to file a Statement of Economic Interest.
CITY COUNCIL, COMMISSIONS, COMMITTEES, & BOARDS
Members of the City Council *
Members of the Planning Commission *
Members of the Parks and Recreation Commission
Members of the Public Safety Commission
Members of the Public Safety Review Committee
CITY MANAGER’S OFFICE
City Manager *
Assistant City Manager
Human Resources & Risk Manager
Assistant to the City Manager
CITY ATTORNEY’S OFFICE
City Attorney *
Assistant City Attorney
Deputy City Attorney
CITY CLERK’S OFFICE
City Clerk
Deputy City Clerk
Management Assistant
6 City of Bellflower
Resolution No. 22-52
ECONOMIC DEVELOPMENT DEPARTMENT
Director of Economic Development
Economic Development Manager
Senior Management Analyst
Management Analyst II
Management Analyst I
Management Assistant
Senior Marketing Specialist
FINANCE DEPARTMENT/CITY TREASURER
Director of Finance/City Treasurer *
Finance Manager
PARKS AND RECREATION DEPARTMENT
Director of Parks and Recreation
Recreation Manager
PLANNING DEPARTMENT
Director of Planning and Building Services
Planning Manager
Senior Planner
Assistant Planner
Associate Planner
Building Official
Building Plan Checker
Building Permit Technician
Building Inspector
PUBLIC SAFETY DEPARTMENT
Director of Public Safety
Public Safety Manager
Code Enforcement Supervisor
Code Enforcement Inspector
PUBLIC WORKS DEPARTMENT
Director of Public Works
Public Works Manager
City Engineer/Traffic Engineer
Assistant City Engineer
Division Head of Facilities
Division Head of Inspection Services
Division Head of Streets
Management Analyst II
* Listed in the code for information purposes only. These positions file under Government Code Section 87200 with the Fair Political Practices Commission. 7 City of Bellflower
Resolution No. 22-52
B. Consultants:
The City Manager may determine in writing that a particular consultant is hired to perform a range of duties that requires the consultant to fully comply with the disclosure requirements described in this section. Such written determination must include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager determination is a public record and must be retained for public inspection in the same manner and location as this conflict of interest code.
SECTION 4. Statement of Economic Interests: Place of Filing. Designated employees must file Statements of Economic Interests with the City of Bellflower, on forms created by the Fair Political Practices Commission, in conformance with the individual disclosure categories and state guidelines, when requested by the City Clerk.
The City Clerk will retain custody of the Statements and make them available for public inspection and reproduction. Designated employees listed in the Code with an asterisk (*) must file one original Statement of Economic Interest with the City Clerk, who must make and retain a copy and forward the original to the California Fair Political Practices Commission. All other designated employees must file one original Statement of Economic Interest with the City Clerk.
SECTION 5. Disclosure and Disqualification – Interest and Positions in Non-Profit Organizations. Whenever a disclosure category requires disclosure of specific financial interests or positions in business entitles, disclosure of equivalent financial interests or positions in non-profit organizations is required. Disqualification must be required as to a disclosed interest or position in a non-profit organization whenever disqualification would have been required as a result of an equivalent financial interest or position in a business entity.
SECTION 6. Travel Payments, Advances, and Reimbursements. If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to Government Code § 87207, it may be reported on a separate travel reimbursement schedule which shall be included in the filer’s statement of economic interests. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income.
SECTION 7. Resolution No. 20-61 (adopted September 14, 2020) and any other resolution or policy purporting to establish a conflict of interest code, are superseded by this Resolution.
SECTION 8. Repeal of any provision of any resolution or policy herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
8 City of Bellflower
Resolution No. 22-52
SECTION 9. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 10. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 11. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 12TH DAY OF SEPTEMBER 2022.
________________________________
Ray Dunton, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney
9 www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2022 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: 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 BOX):
q An amendment is required. The following amendments are necessary:
(Check all that apply.)
¡Include new positions
¡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)
q The code is currently under review by the code reviewing body. q 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.
Bellflower Public Facilities Corporation
16600 Civic Center Drive, Bellflower, CA 90706
Mayra Ochiqui, City Clerk (562) 804-1424, ext. 2222
[email protected] [email protected]
4 September 12, 2022
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