RESOLUTION NO. 22-_____
Resolution Of The City Council Of The City Of Emeryville Approving The 2022 Amendment Of The City Of Emeryville Conflict Of Interest Code WHEREAS, by Resolution No. 95-08, pursuant to the Political Reform Act of 1974 (California Government Code Section 81000 et seq.), the City Council adopted the City of Emeryville Conflict of Interest Code (“Code”); and
WHEREAS, the City’s Code incorporates by reference the terms of Title 2 of the California Code of Regulations section 18730 (attached as Appendix A), and any amendments to it that have been duly adopted by the Fair Political Practices Commission, and contains appendices designating officials and employees and establishing disclosure categories, as shown below; and
WHEREAS, the designated positions, and the disclosure categories required for each position are set forth in Appendix B, “Designated Positions”; and the established disclosure categories are set forth in Appendix C, “Disclosure Categories”; and WHEREAS, subsequent to the adoption of the City’s Code by Resolution No. 95-08, said Code was updated and amended by the following Resolutions:
No. 96-204 No. 08-203 No. 20-89;
No. 99-37 No. 10-183
No. 00-208 No. 11-138
No. 02-202 No. 12-212
No. 04-200 No. 14-165
No. 06-222 No. 16-25
No. 07-61 No. 18-116
and
WHEREAS, upon biennial review of the existing Code, it has been deemed necessary to bring the Code up to date by adding and deleting positions, correcting position titles, and revising disclosure categories assigned to designated positions/employees as needed; now, therefore, be it; and
RESOLVED, by the City Council of the City of Emeryville that the City Council of the City of Emeryville hereby amends the City of Emeryville Conflict of Interest Code and adopts the amended City of Emeryville Conflict of Interest Code, attached as Appendices A, B, and C, in its entirety.
DocuSign Envelope ID: 39B07FAA-621C-4D04-BD91-18B63C44C2B8 Resolution No. 20-_____
Resolution Amending the City’s Conflict of Interest Code City Council Meeting | September 6, 2022
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, September 6, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK SPECIAL COUNSEL
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CITY OF EMERYVILLE
CONFLICT OF INTEREST CODE
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 (2 California Code of Regulations Section 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, the standard code 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 regulation and the attached Appendix [or Appendices], designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Emeryville (“City”).
Individuals holding designated positions shall file their statements of economic interests with the City, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). Upon receipt of the statements for those designated in the Political Reform Act as 87200 filers (i.e. mayors and city council members, city managers, city attorneys, city treasurers, and members of planning commissions), the City shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the City.
Appendix A
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APPENDIX B
DESIGNATED POSITIONS
(Updated on September 1, 2020September 6, 2022)
The following designated position classifications are required to file Statements of Economic Interests pursuant to the Political Reform Act of 1974, as amended, and are hereby included in the City of Emeryville's Conflict of Interest Code. Please note that the City Manager, City Attorney, and City Treasurer file pursuant to Government Code section 87200 so are not included in the City’s Conflict of Interest Code.
DEPARTMENT CLASSIFICATION DISCLOSURE CATEGORY
City Manager’s Office City Manager 1
Assistant City Manager* 1
Assistant to the City
Manager*
2, 3, 4
City Clerk 2, 3 ,4
Deputy City Clerk 2, 3, 4
Information Technology Information Technology
Director
2, 3, 5
Information Systems Analyst I 5
Information Systems Analyst
II
5 City Attorney Assistant City Attorney 1
Deputy City Attorney* 1
Finance Finance Director 1
Finance Supervisor* 2, 4
Senior Accountant* 2, 4
Accounting Manager* 2, 4
Accounting Supervisor* 2, 4
Accountant* 2, 4
Human Resources Human Resources Director 5
Human Resources Manager* 5
Management Analyst* 5
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Community Development Community Development
Director
1 Deputy Director of
Community Development
1 Chief Building Official 2, 3 ,5
Principal Planner 2, 3, 5
Senior Planner* 2, 3, 5
Building Permit
Technician/Plan Checker
2, 3, 5
Senior Building Inspector* 2, 3, 5
Building Inspector 2, 3, 5
Economic Development &
Housing Manager*
1 Community & Economic
Development Coordinator I*
1 Community & Economic
Development Coordinator II
1 Associate Planner 2, 3, 5
Assistant Planner 2, 3, 5
Management Analyst 2, 3, 5
Public Works Public Works Director 2,3,4
Senior Civil Engineer 2,3,5
Associate Civil Engineer 2,3,5
Project Manager 2,3,5
Public Works Operations and
Facilities Manager
2,3,4
Environmental Programs
Supervisor
5 Environmental Program
Technician
5 Management Analyst 2, 3, 4
Police Police Chief 2, 3, 5
Police Captain 2, 3, 5
Police Lieutenant 2. 3, 5
Police Services Manager 5
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Community Services Community Services Director 2, 3, 5
Recreation Manager 5
Child Development Center
Manager
5 Child Development Center
Assistant Manager
5 Recreation Supervisor 5
OTHER CLASSIFICATION DISCLOSURE CATEGORY
City Council Mayor 1
Vice Mayor 1
Council Members 1
City Council Acting As
Successor Agency
Chair 1
Vice Chair 1
Agency Members 1
Executive Director 1
General Counsel 1
Assistant General Counsel 1
Deputy General Counsel* 1
Secretary 5
Management of Emeryville
Services Authority
Chair 1
Vice Chair 1
Agency Members 1
Executive Director 1
General Counsel 1
Assistant General Counsel 1
Deputy General Counsel* 1
Secretary 5
Public Finance Authority Chair 1
Vice Chair 1
Agency Members 1
Executive Director 1
General Counsel 1
Assistant General Counsel 1
Deputy General Counsel* 1
Secretary 5
Community Development
Commission of Emeryville
Chair 1
Vice Chair 1
Agency Members 1
Executive Director 1
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General Counsel 1
Assistant General Counsel 1
Deputy General Counsel* 1
Secretary 5
Housing Advisory Committee Members 2, 6
Public Art Committee Members 2, 6
Consultants Consultants 2, 6
* Positions that are no longer filled, but are still included in the City’s classification schedule ** Planning Commissioners that also serve on Advisory Commissions/Committees are not designated in the Conflict of Interest Code since they file a Statement of Economic Interests pursuant to Government Code Section 87200.
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CITY OF EMERYVILLE CONFLICT OF INTEREST CODE
APPENDIX C
DISCLOSURE CATEGORIES
September 1, 2020September 6, 2022
Category 1: Persons in this category shall disclose all investments, real property, personal income, business entity income, and business positions. The report shall contain the information as described in the sections of the Fair Political Practices Standard Conflict of Interest Code (2 Cal. Code. Regs. Section 18730) entitled “Investment and Real Property Disclosure”, “Personal Income Disclosure”, and “Business Entity Income Disclosure”, Business Position Disclosure”.
Category 2: Persons in this category shall disclose all investments, business positions, and income from sources located in or doing business in the City.
Category 3: Persons in this category shall disclose all investments, business positions, and sources of income of the type which engage in land development, construction or the acquisition or sale of real property as well as any interests in real property located within the jurisdiction, including property located within a two mile radius of any property owned or used by the City.
Category 4: Persons in this category shall disclose all investments and business positions in business entities as well as personal and business entity income from sources that manufacture, sell or provide, supplies, materials, books, machinery, equipment, or services of the type used (or provided) by the City. Examples of business entities that provide “services” are consultants, architects, artists/artisans, construction contractors, auditors, childcare facilities, landscape, and janitorial firms.
Category 5: Persons in this category shall disclose all investments and business positions in business entities as well as personal and business entity income from sources that manufacture, sell or provide, supplies, materials, books, machinery, equipment, or services of the type used (or provided) by the person’s department. Examples of business entities or sources that provide “services” are consultants, architects, artists/artisans, construction contractors, auditors, childcare facilities, and maintenance firms.
Category 6: Persons in this category shall disclose all investments and business positions in business entities as well as personal and business entity income from sources that manufacture, sell or provide, supplies, materials, books, machinery, equipment, or services of the type used (or provided) to carry out the scope of authority of the person’s Advisory Commission/Committee/Taskforce or service contract with the City. Examples of business entities or sources that provide “services” are consultants, architects, artists/artisans, construction contractors, auditors, childcare facilities, and maintenance firms.
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