Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY CLERK
OFFICE OF THE CITY ATTORNEY
BY: ALICIA DUARTE, CMC, CITY CLERK
JOHN M. FUNK, CITY ATTORNEY
DATE: AUGUST 13, 2024
SUBJECT: DIRECTION TO CONDUCT BIENNIAL REVIEW OF THE CITY’S
CONFLICT OF INTEREST CODE IDENTIFYING WHICH CITY
OFFICIALS AND STAFF ARE REQUIRED TO FILE A STATEMENT OF
ECONOMIC INTERESTS
EXECUTIVE SUMMARY
Each even-numbered year, the City Clerk and City Attorney must conduct a biennial review of the City’s Conflict of Interest Code identifying which City Officials and staff are required to file a Statement of Economic Interests (FPPC Form 700). The City’s Conflict of Interest Code was last adopted in 2022 (Attachment A).
RECOMMENDATION
That the City Council:
Direct the City Clerk and City Attorney to conduct the biennial review of the City’s Conflict of Interest Code.
BACKGROUND
The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate, or, alternatively, that the code must be amended. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700). An amendment may be required in order to include new positions and delete titles or positions that have been eliminated or to modify disclosure categories. Positions listed under the City’s Conflict of Interest Code are required to file a Form 700 when assuming office, annually, and when leaving office.
ANALYSIS
The City’s code designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires
DIRECTION TO CONDUCT BIENNIAL REVIEW OF THE CITY’S CONFLICT OF INTEREST CODE
IDENTIFYING WHICH CITY OFFICIALS AND STAFF ARE REQUIRED TO FILE A STATEMENT OF
ECONOMIC INTERESTS
AUGUST 13, 2024
PAGE 2
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.
By or before October 1, 2024, the City Clerk will file with the City Council a biennial notice indicating whether the code requires amendments and the nature of the amendments. All revisions to the City’s Conflict of Interest Code must be approved by the City Council by December 31, 2024.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
Public Engagement
FISCAL IMPACT
There is no fiscal impact associated with item.
ATTACHMENTS
Attachment A: Resolution No. 22-8112 – Amending the City’s Conflict of Interest Code
RESOLUTION NO. 22-8112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE CITY'S CONFLICT OF INTEREST CODE WHICH
INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES
COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires State and local government agencies to adopt and promulgate conflict of interest codes; and, WHEREAS, the Fair Political Practices Commission has adopted California Code of Regulations, Title 2, Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearing to conform to amendments in the Political Reform Act; and,
WHEREAS, the Political Reform Act requires every local government agency to review its conflict of interest code biennially to determine if it is accurate or, alternatively, that the code must be updated; and,
WHEREAS, it has been determined that the City's Conflict of Interest Code needs to be updated with respect to adding new positions; and,
WHEREAS, the City Council has determined that the attached Appendices accurately set forth those designated positions and categories of reportable financial interests.
WHEREAS, the City Council hereby amends the Conflict of Interest Code to include the following positions: Principal Planner, Senior Planner, Associate Planner, Assistant Planner.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The terms of Title 2, California Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby incorporated into the Conflict of Interest Code of the City of Downey by reference. This regulation and the attached Appendices designating officials and employees and establishing economic disclosure categories shall constitute the Conflict of Interest Code of the City of Downey.
SECTION 2. Appendix A to this Resolution identifies which officials and employees are designated to report economic interests with reference to the disclosure categories for that position. Appendix B to this Resolution describes each of the disclosure categories and the type of economic interests that must be disclosed. Persons holding designated positions shall file a Statement of Economic Interests (Form 700) and disclose those interests, if any, for their position.
SECTION 3. The City Council hereby designates the City Clerk as the person to whom all officials and employees are required to submit a Statement of Economic Interests (Form 700) pursuant to this Conflict of Interest Code. In the alternative, the City Clerk may require that all officials and employees file their Form 700 electronically pursuant to the Secretary of State's online portal. The City Clerk shall retain the originals of said statements, which shall be available for public inspection and reproduction pursuant to Government Code Section 81008.
ATTACHMENT A
RESOLUTION NO. 22-811PAGE2
SECTION 4. Resolution No. 20-7978, adopted November 24, 2020, is hereby rescinded.
Mayor
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 25 1h day of October, 2022 by the following vote, to wit:
AYES: Council Members: Frometa, La Plante, Trujillo, Mayor Pacheco NOES: Council Members: one.
ABSENT: Council Members: Alvarez
ABSTAIN: Council Members: one.
AEICIA C T,
City Clerk
1 DESIGNATION •
The following positions shall disclose those economic interests noted in the disclosure category for that position and as fully described in Appendix B as follows:
DE PARTMr POSITION DISCLOSURE
ADMINISTRATION
City Clerk 1, 2 3 4 5 6, 7
Deputy City Clerk 1, 2, 3, 4, 5, 6, 7
Executive Director of the Columbia 1, 2, 3, 4, 5, 6, 7
Memorial Space Science Learning Center
Learning Center Supervisor 3, 4, 7
Assistant City Manager 1, 2, 3, 4, 5, 6, 7
Assistant to the City Manager 1, 2, 3, 4, 5, 6, 7
Management Analyst 1, 2, 3, 4, 7
Library Director 1, 2, 3, 4, 5, 6, 7
Library Administrator 3, 4, 7
Human Resources Director 1, 2, 3, 4, 5, 6, 7
Human Resources Manager 1, 2, 3, 4, 5, 6, 7
Human Resources Analyst 2, 3, 4, 5, 7
Human Resources Specialist 3, 4, 5,7
FINANCE & INFORMATION TECHNOLOGY
Finance Director/Risk Manager 1, 2, 3, 4, 5, 6, 7
Assistant Director of Finance 1, 2, 3, 4, 5, 6, 7
Senior Accountant 1, 2, 3, 4, 5, 6, 7
Purchasing Coordinator 1, 2, 3, 4, 5, 6, 7
Principal Accountant 1, 2, 3, 4, 5, 6, 7
Management Analyst 3, 4, 5, 7
Information Technology & Systems Manager 3,4,7
DEVELOPMENT, PL4,'U
Community Development Director 1, 2, 3, 4, 5,6, 7
City Planner 1, 2, 3, 4, 5,6, 7
Principal Planner 1, 2, 3,4, 5,6, 7
Senior Planner 1, 2, 3, 4, 5, 6, 7
Associate Planner 1, 2, 3, 4, 5, 6, 7
Assistant Planner 1, 2, 3, 4, 5, 6, 7
Building Official 1, 2, 3, 4, 5, 6, 7
Principal Building Inspector 1, 2, 3, 4, 5, 6, 7
Economic Development & Housing Manager 1, 2, 3, 4, 5, 6, 7 Code Enforcement Supervisor 2,3,6,7
Management Analyst 2,3,6,7
Parks & Recreation Director 1, 2, 3, 4, 5, 6, 7
Recreation Manager 4,6,7
Recreation Supervisor 4,6,7
Program Supervisor 4,6,7
Recreation Coordinator 4,6,7
Management Analyst 4,6,7
lffl-
Fire Chief 1, 2, 3, 4, 5, 6, 7
Assistant Fire Chief/Fire Marshall 1, 2, 3, 4, 5, 6, 7
Battalion Chief 1, 2, 3, 4, 5, 6, 7
Fire Inspector 1, 2, 3, 4, 5, 6, 7
Hazardous Materials Fire Inspector 1, 2, 3, 4, 5, 6, 7
Emergency Preparedness Program Manager 1, 2, 3, 4, 5, 6, 7
PAGE 5
POLICE
Police Chief 1, 2,3,4,5,6,7
Police Captain 1, 2, 3, 4, 5, 6, 7
Police Lieutenant 1, 2, 3, 4, 5, 6, 7
City Prosecutor 1, 2, 3, 4, 5, 6, 7
PUBLIC •
Public Works Director/City Engineer 1, 2, 3, 4, 5, 6, 7 Deputy Director of Public Works 1, 2, 3, 4, 5, 6, 7
Utilities Manager
Civil Engineer 1, 2, 3, 4, 5, • 7
Associate Civil Engineer 1, 2, 3, 4, 5, 6, 7
GIS Manager 1, 2, 3, 4, 5, 6, 7
Superintendent • Maintenance & Facilities
Assistant Superintendent of Maintenance & Facilities
M;serintendent • Utilities 1, 2, 3, 4, 5, 6, 7
Assistant Superintendent of Utilities
Management Analyst 1, 2, 3, 4, 5, 6, 7
ALL DEPARTMENTS
Consultants/Special Legal •
Consultants/Special Legal Counsel shall disclose pursuant to the broadest disclosure category in the City's • • Interest Code
a) The Consultant/Special Legal Counsel serves in a staff capacity with the City and i that capacity performs the same or substantially the same duties for the City that would otherwise be performed by a person holding the position specified or that should be specified the City's Conflict • Interest Code; •; I
b) The Consultant/Special Counsel makes a government decision as set forth in 2 California Code of Regulations 19701 (a)(2).
RESOLUTION NO. 22-81
PAGE 6
GOVERNMENT CODE SECTION 87200 POSITIONS
The following positions are subject to broadest disclosure pursuant to Government Code Section 87200:
City? £««§ Member
etf -coumi;ea ttatd-
City Manager
City Treasurer
City Attorney
Successor Agency Board Member
Housing Successor Agency Member
Downey Public Financing Authority Board Member
14 ,$ I ,, * k 2
Board of Building Appeals 1, 21 31 41 5, 6, 7
Public Facilities Financing Corporation 1, 2, 3, 4, 5, 6, 7 Recreation & Community Services Commission 1, 2, 3, 4, 5$ 6, 7 Water Facilities Corporation 111 2, 3, 4, 5, 6, 7
PAGE 8
Wdtjj. Ln ftbm RhatICOI lhg h6o& This category requires the disclosure of all investments in and income from all banks, savings and loan associations, insurance companies, investment companies, stockbrokers, title companies, financial consultants, data processing firms or •
CATEGORY 6
1hcome and 1nV&s6PeM8 hiCdnsttvctjdn jdMMLry. This category requires the disclosure of all income from and investments in business entities in the construction or building industry located in, doing • in, planning to do business in • has done • during the previous two years in the City • Downey.
CATEGORY 7
Loans, jjoaggrM, Travel PayMgnts and Gifts.; This category requires the disclosure of any loans, honoraria, travel payments, advances and reimbursements in any amount from non- governmental sources, located in, doing business in, planning to do business in, or has done business during the previous two years in the City of Downey. Gifts are reportable if the fair market value is $50 or more from a single source or multiple gifts totaling $50 or more from a single source in the reporting period. Gifts are reportable regardless where the donor is located.