AGENDA
ITEM
11 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
CITY COUNCIL
AGENDA STAFF REPORT
DATE: December 4, 2024
TO: Mayor and City Council
APPROVED BY: Juan Contreras, Acting City Manager JAC
PREPARED BY: Veronica L. Alvarado, City Clerk
SUBJECT: Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974
Recommendation:
It is recommended that the City Council adopt Resolution No. 2024-XX approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.
Background:
The Political Reform Act of 1974, Government Code Section 81000 et seq. (the "Act"), requires all public agencies to adopt and maintain a Conflict of Interest Code. The Act further requires that agencies regularly review and update their Codes as necessary as directed by the code-reviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). The City Council is the City's code-reviewing body. As the code-reviewing body, the City Council directed that the Code be reviewed as required under the Act and if a change in the Code was necessary, that a revised Code be prepared and submitted to the City Council for adoption and approval.
During this review, staff found that an amendment to the Code is necessary to include new positions that must be designated and delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions.
Discussion and Analysis:
Pursuant to the Political Reform Act (the "Act"), the City Council directed staff to: (1) conduct a review of the City's Conflict of Interest Code ("Code") to determine if a change in the Code was necessary; and (2) file a biennial notice regarding the results of the review on or the required deadline; (3) revise the Code as necessary based upon such review; and (4) submit the amended Code to the City Council for adoption and approval, in accordance with Section 87303 of the Act.
During the review process, staff found that updates and amendments to the City's Conflict of Interest Code are necessary. A redlined version of the proposed amended Code is attached.
Fiscal Impact:
None
Coordinated With:
City Attorney's Office
Attachments):
1. Legislative Version of Proposed Amended Conflict of Interest Code. 2 Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974
ATTACHMENT NO. 1
CONFLICT OF INTEREST CODE
OF THE
CITY OF CALEXICO
(Amended November 18, 2020 December 4, 2024)
The Political Reform Act (Gov. 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 (2 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code which can be Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Calexico (the "City").
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City's Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City's Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
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APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF CALEXICO
(Amended November 18, 2020 December 4, 2024)
PART "A"
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and All Other City Officials who manage public vestments, as defined by 2 Cal. Code of Regs. §18700.3(b), are NOT subject to th itv's Code but must file disclosure statements under Government Code Section 8720
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments'. These positions are listed here for informational purposes only.
Finance Director
Investment Consultant
DESIGNATED POSITIONS
Individuals holding one of the above-listed positions may contact the Fair Political Practices App. A-1
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GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Assistant City Attorney 1,2
Assistant City Manager 1,2
Building Manager 2, 3, 5, 6
Building Official 2, 3, 5, 6
Chief Wastewater Treatment Plant Operator 5
Chief Water Plant Operator - Treatment 5
City Clerk 5
City Engineer 2, 3, 5
Code Enforcement Officer (ALL) 6
Community & Economic Development Director 1,2
Community Recreation Coordinator 5
Community Sports Coordinator 5
Deputy City Clerk 5
Development Services Director 1,2
Evidence Technician 6
Finance Manager 4
Financial Analyst 5
Fire Captain 5
Fire Chief 5
Fire Inspector 6
Grants Manager 7
Housing Manager 2, 3, 5, 6
Housing Rehabilitation Inspector 2, 3, 5, 6
Housing/Economic Development Manager 1,2
Human Resources /Risk Management Manager 5,8
Library Manager 5,7
App. A-2
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DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Planner 2,3
Planning Manager 1,2
Planning & Building Services Director 1,2
Police Chief 5
Police Lieutenant 5
Project Inspector 2,3,6
Public Works Director/City Engineer 1,2
Public Works Manager/City Engineer 1,2
Recreation Manager 5,7
Senior's Program Coordinator 5
Supervisor - Fleet Maintenance 5
Supervisor - Maintenance & Operations 5
Utility Services Coordinator 5
Wastewater Systems Supervisor 5
Water System Supervisor 5
BOARD, COMMITTEES & COMMISSIONS
Economic Development & Financial Advisory Commission 1,2 Library, Arts & Historical Board 1,2
Parks, Recreation, Beautification & Senior Services Commission 1,2 Personnel Commission 5
Consultants & New Positions?
Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file statements under the broadest disclosure set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734). The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008)
App. A-3
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PART "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she the designated is assigned 3 "Investment" means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the City.
Category 1 - All investments and business positions in business entities, and sources of including, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City.
Category 2 - All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3 — All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that engage in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.
Category 4 — All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type utilized by the City.
Category 5 - All Investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position's department, unit or division.
Category 6 — All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit or licensing authority of the designated employee's department, unit or division.
Category 7 - All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit or other organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.
This Conflict of Interest Code does not require the reporting of gifts from outside this agency's jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
App. B-1
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ATTACHMENT NO. 2
RESOLUTION NO. 2024-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA
ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Calexico (the "City") and requires all public agencies to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code") in compliance with the Act which was last amended November 18, 2020; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City's Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided each affected designated employee and publicly posted for review; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on December 4, 2024, at which all present were given an opportunity to be heard on the proposed amended Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Calexico that:
Section 1. The City Council does hereby adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk and available to the public for inspection and copying during regular business hours; and
Section 2. The said amended Conflict of Interest Code shall become effective immediately after the date of its adoption and approval. 81211.00100\42901690.1
PASSED, APPROVED AND ADOPTED this 4th day of December, 2024 by the City Council of the City of Calexico.
Camilo Garcia, Mayor
ATTEST:
Veronica L. Alvarado, City Clerk
2 81211.00100\42901690.1
CONFLICT OF INTEREST CODE
OF THE
CITY OF CALEXICO
(Amended December 4, 2024)
The Political Reform Act (Gov. 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 (2 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency's code. After public notice and hearing Section 18730 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 incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Calexico (the "City").
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City's Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City's Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
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APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF CALEXICO
(Amended December 4, 2024)
PART "A"
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and All Other City Officials who manage public investments, as defined by 2 Cal. Code of Regs. §18700.3(b), are NOT subject to the City's Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
Finance Director
Investment Consultant
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
App. A-1
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DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Assistant City Attorney 1,2
Assistant City Manager 1,2
Building Manager 2, 3, 5, 6
Building Official 2, 3, 5, 6
Chief Wastewater Treatment Plant Operator 5
Chief Water Plant Operator - Treatment 5
City Clerk 5
City Engineer 2, 3, 5
Code Enforcement Officer (ALL) 6
Community & Economic Development Director 1,2
Community Recreation Coordinator 5
Community Sports Coordinator 5
Deputy City Clerk 5
Development Services Director 1,2
Evidence Technician 6
Finance Manager 4
Financial Analyst 5
Fire Captain 5
Fire Chief 5
Fire Inspector 6
Grants Manager 7
Housing Manager 2, 3, 5, 6
Housing/Economic Development Manager 1,2
Human Resources /Risk Management Manager 5,8
Library Manager 5,7
Planner 2,3
App. A-2
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DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Planning Manager 1,2
Planning & Building Services Director 1,2
Police Chief 5
Police Lieutenant 5
Project Inspector 2,3, 6
Public Works Director/City Engineer 1,2
Public Works Manager/City Engineer 1,2
Recreation Manager 5,7
Senior's Program Coordinator 5
Supervisor - Fleet Maintenance 5
Supervisor - Maintenance & Operations 5
Utility Services Coordinator 5
Wastewater Systems Supervisor 5
Water System Supervisor 5
BOARD, COMMITTEES & COMMISSIONS
Economic Development & Financial Advisory Commission 1,2 Library, Arts & Historical Board 1,2
Parks, Recreation, Beautification & Senior Services Commission 1,2 Personnel Commission 5
Consultants & New Positions?
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file statements under the broadest disclosure set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.)
App. A-3
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PART "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned 3 "Investment" means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the City.
Category 1 — All investments and business positions in business entities, and sources of including, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City.
Category 2 - All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3 — All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that engage in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.
Category 4 - All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type utilized by the City.
Category 5 - All Investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position's department, unit or division.
Category 6 — All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit or licensing authority of the designated employee's department, unit or division.
Category 7 - All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit or other organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.
This Conflict of Interest Code does not require the reporting of gifts from outside this agency's jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
App. B-1
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