Cities Index.
14-C

Bellflower City Council
June 10, 2024

Document
14-C
Meeting
June 10, 2024
Body
Bellflower City Council
Pages
5
Original file
38 KB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

14-C
TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Mayra Ochiqui, City Clerk

SUBJECT: Consideration and possible action to direct the City Clerk to complete the biennial review of the City’s and Bellflower Public Facilities Corporation’s (“BPFC”) Conflict of Interest Codes.

DATE: June 10, 2024

EXECUTIVE SUMMARY

Pursuant to the Political Reform Act, every local agency must review its Conflict of Interest Code (“COIC”) on a biennial basis. (Gov. Code § 87306.5; 2 CRR § 18736.1). If positions or titles changed in the local agency’s organization, then the legislative body must amend the COIC before October 1, 2024.

RECOMMENDATION TO CITY COUNCIL

1) Direct the City Clerk to perform the biennial review of the City’s and BPFC’s Conflict of Interest Codes and report back before October 1, 2024; or

2) Alternatively, discuss and take other action related to this item.

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.

The City’s and BPFC’s current COICs are attached for reference. Under California law, the City Council must direct the City Clerk to review the COICs and then recommend any changes to them not later than October 1, 2024.

FISCAL IMPACT

None

ATTACHMENTS

2024 Local Agency Biennial Notice ................................................................................. 2 Current City’s Conflict of Interest Code (Resolution No. 22-52) ...................................... 3 Current BPFC’s Conflict of Interest Code (Resolution No. 18-01) ................................. 10 -1-
01: BELLFL
cfid 0% Q
We sta ft'eport

2024 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):
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)
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 1, 2024, 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.
-2-

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

f
o
r
t
h
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.

Page 1 of 5 ends

-3-

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.

Page 1 of 5 ends

City of Bellflower
Resolution No. 22-52

Page 2 of 5 ends

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

p
o
s
i
t
i
o
n
s
,
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
-4-
City of Bellflower
Resolution No. 22-52

Page 2 of 5 ends

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

City of Bellflower
Resolution No. 22-52

Page 3 of 5 ends

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. -5-
City of Bellflower
Resolution No. 22-52

Page 3 of 5 ends

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.

City of Bellflower
Resolution No. 22-52

Page 4 of 5 ends

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. -6-
City of Bellflower
Resolution No. 22-52

Page 4 of 5 ends

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.

City of Bellflower
Resolution No. 22-52

Page 5 of 5 ends

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.
j(4'\
Ray D ton, Mayor
ATTEST:
1/ . 1416
Mayr: O• iq '/
Ciur
lerk
APPRO f a A . 'v F - M:

G
i
Karl H. Berger, Ci • ttorney
-7-
City of Bellflower
Resolution No. 22-52

Page 5 of 5 ends

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 adopfion.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 12TH DAY OF SEPTEMBER 2022.

ATTEST:

Karl H. Berger, Ci ttorney

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES )SS

CITY OF BELLFLOWER
I, Mayra Ochiqui, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 22-52 was duly passed, approved, and adopted by the City Council of the City of Bellflower at the Regular Meeting of the City Council on September 12, 2022, by the following vote to wit:

AYES: Council Members — Koops, Sanchez, Santa Ines, Hamada and Mayor Dunton
Dated: September 13, 2022
e,/, -ill iqui, City Clerk
Cityellflower, Californ i
SEAL)
-8-

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )SS

CITY OF BELLFLOWER )
I, Mayra Ochiqui, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 22-52 was duly passed, approved, and adopted by the City Council of the City of Bellflower at the Regular Meeting of the City Council on September 12, 2022, by the following vote to wit:

AYES: Council Members — Koops, Sanchez, Santa lnes, Hamada and Mayor Dunton
Dated: September 13, 2022
iqui, City Clerk
City f Bellflower, Californ
(SEAL)

2022 Local Agency Biennial Notice
Name of Agency: City of Bellflower
Mailing Address: 16600 Civic Center Drive, Bellflower, CA 90706 Contact Person:

Mayra Ochiqui, City Clerk phone No. (
562) 804-1424, ext. 2222
Email: [email protected] Alternate Email: [email protected] 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):

O An amendment is required. The following amendments are necessary:

Check all that apply.)
O Include new positions
Revise disclosure categories
Revise the titles of existing positions
LI Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
E Other (describe) Correction
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 pr"perty, and sources of income that may foreseeably be affected materially by the decisions made by those ol.'ng designated positions are reported. The code includes all other provisions required by Government o': S- tion 8730
September 12, 2022
Signa o'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.fppc.ca.gov
FPPC Advice: advice a(fppc.ca.gov(866.275.3772)

Page 1 of 1 ends

2022 Local Agency Biennial Notice
City of Bellflower Name of Agency:

Mailing Address: 16600 Civic Center Drive, Bellflower, CA 90706 Mayra Ochiqui, City Clerk Phone No_ (562) 804-1424, ext. 2222 Contact Person:
mochiqui@be|lflower.org [email protected] 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 BO)O:

An amendment is required. The following amendments are necessary:
(Check all that apply.)
E Include new positions
I] Revise disclosure categories
E Revise the titles of existing positions
[:1 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
E Other (describe) Correction
D The code is currently under review by the code reviewing body.

D No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment ls required) This agency’s code accurate/y 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 pr petty, and sources of income that may foreseeably be affected materially by the decisions made by those 0/ 'ng designated positions are reported. The code includes all other provisions required by Government 0 8 tion 8730
/ September 12, 2022
Sign‘ay/e of’Chief Executive Officer Date
All agencies mus 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 REV/EWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fggc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Page 1 of 1 ends

-10-

BELLFLOWER PUBLIC FACILITIES CORPORATION
RESOLUTION NO. 18-01
A RESOLUTION ADOPTING THE 2018 CONFLICT OF INTEREST

CODE FOR THE BELLFLOWER PUBLIC FACILITIES CORPORATION

IN ACCORDANCE WITH THE POLITICAL REFORM ACT, AND
SUPERSEDING RESOLUTION NO. 99-06

THE BELLFLOWER PUBLIC FACILITIES CORPORATION RESOLVES AS FOLLOWS:

SECTION 1. The Bellflower Public Facilities Corporation finds, determines, and declares 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 (“COI”).

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 Bellflower Public Facilities Corporation’s COI.

In July 2018, the City Council directed the City Clerk to review the COI pursuant to the PRA (Government Code § 87306.5) after identifying certain changes.

The City Clerk finished that review and made recommendations which the City Council adopted on September 10, 2018 (City Council Resolution No. 18-57) and the Bellflower Public Facilities Corporation incorporated into this Resolution.

To fulfill its obligations under the PRA and FPPC Regs, the Bellflower Public Facilities Corporation adopts this 2018 Bellflower Public Facilities Corporation COI as set forth in this Resolution.

SECTION 2. 2018 Bellflower Public Facilities Corporation COI — Generally.

FPPC Regs. § 18730 is adopted by reference as the Bellflower Public Facilities Corporation’s 2018 COI. Except as modified in this Resolution, all requirements of FPPC Regs. § 18730 apply as if fully set forth in this Resolution.

SECTION 3. 2018 Bellflower Public Facilities Corporation COI - Changes.

The 2018 Bellflower Public Facilities Corporation COI includes the following changes:

A.

B.

The term “investment” applies to financial interests in non-profit organizations as well as business entities;
The term “Appendix” refers to Section 4 of this Resolution.

Page 1 of 4 ends

-11-
Bellflower Public Facilities Corporation
Resolution No. 18-01

Page 2 of 4 ends

C. The term “agency" applies to the Bellflower Public Facilities Corporation; and
D. The phrase “interest in real property" refers to interests in real property located within a one-mile radius of any property owned or used by the Bellflower Public Facilities Corporation.

SECTION 4. Designated Officials, Officers, and Consultants. For purposes of FPPC Regs. § 18730, designated employees and consultants are set forth below:

A. Designated Officials, Officers, and Consultants:

The positions listed below are designated positions. Officers and officials holding those positions are designated officials/officers 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 official/officer. Such disclosures must be made at the times and circumstances described by the Bellflower Public Facilities Corporation Conflict of Interest Code.

When a new position classification is created, the Board of Directors 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 Bellflower Public Facilities Corporation Conflict of Interest Code.

President
Vice President
Director
Secretary/Treasurer
*Consultants (as defined by Fair Political Practices Regulation 18700) * The department Director, with the concurrence of the City Manager, 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 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 department Director, with the concurrence of the City Manager, may also determine whether a particular consultant is performing duties so as to constitute a “consultant” as the term is defined in the Political Reform Act and regulations promulgated thereunder. The department Director’s determination, with the City Manager’s concurrence, is public record and shall be retained for public inspection in the same manner and location as the Conflict of Interest Code.

Note: The City Manager, City Attorney, and Director of Finance/City Treasurer are not included as “designated positions" as the disclosure obligations for these positions are set forth by Government Code § 87200, et seq.

-12-
Bellflower Public Facilities Corporation
Resolution No. 18-01

Page 3 of 4 ends

SECTION 5. Statement of Economic Interests: Place of Filing. Designated officials/officers 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. AII designated officials/officers must file one original Statement of Economic Interest with the City Clerk.

SECTION 6. 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 7. 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 8. BPFC Resolution No. 99-06 (adopted May 17, 1999) and any other BPFC resolution or policy purporting to establish a conflict of interest code are superseded by this Resolution.

SECTION 9. 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.

SECTION 10. Any change provided for in this Conflict of Interest Code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other Conflict of Interest Code; nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered in connection with any other Conflict of Interest Code.

SECTION 11. The President, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the Bellflower Public Facilities Corporation, and the Secretary, or Assistant Secretary, is directed to attest thereto.

-13-
Bellflower Public Facilities Corporation
Resolution No. 18-01

Page 4 of 4 ends

SECTION 12. This Resolution will become effective immediately upon adopfion.

PASSED, APPROVED, AND ADOPTED BY THE BELLFLOWER PUBLIC
FACILITIES CORPORATION THIS 25w| DAYOF EPT E 2018.
. ra zen, President
Be ower P lic Facilities Corporation
ATTEST:

Karl .Berger, Ci Attorney

← All documents from this meeting