RESOLUTION NO. 2020- 89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, MODIFYING THE CONFLICT OF
INTEREST CODE OF THE CITY OF FULLERTON INCLUDING
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES AS
REQUIRED BY THE POLITICAL REFORM ACT AND REGULATIONS OF
THE FAIR POLITICAL PRACTICES COMMISSION
The Fullerton City Council does hereby resolve:
1. That the City Councilmodifiesthe City of FullertonConflictof InterestCode, includingthe DesignatedPositionsand DisclosureCategories, initiallyadoptedby City Council ResolutionNo. 8703 and last updatedby ResolutionNo. 2018-50, to reflect changes since the last update.
2. That the City Council approves the revised Conflict of Interest Code, attached hereto, including Designated Positions and Disclosure Categories.
3. That pursuant to Section 2 of the Conflict of Interest Code of the City of Fullerton, the City Council, as the Code -reviewing body, hereby instructs all persons occupying a Designated Position to file an annual Statement of Economic Interest with the City Clerk as required, as well as assuming and leaving office statements.
4. That adoption of this resolution replaces the Resolution No. 2018-50 including the Conflict of Interest Code Appendix and Disclosure Categories.
ADOPTED BY THE FULLERTON CITY COUNCIL ON OCTOBER 20, 2020 1, O 4
CONFLICT OF INTEREST CODE
CITY OF FULLERTON
SECTION 1: Conflict of Interest Code — Adopted
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. The Fair Political Practices Commission may amend the standard code to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair PoliticalPracticesCommissionare herebyincorporatedby reference. This regulation and the attached Appendix " A" designating positions and Appendix " B" establishingdisclosurerequirements, shallconstitutetheConflictof InterestCodeofthe Cityof Fullerton, whichis consideredthe "agency" withinthepurviewofthiscode. The Conflict of Interest Code of the City of Fullerton so adopted amends and replaces any Conflict of Interest Code of the City of Fullerton previously in effect.
SECTION 2: Conflict of Interest — Statements
Individuals holding designated positions shall file statements of economic interests with the City Clerk, who shall be and performthe duties of the filing officer for the City of Fullerton. The City Clerk will make statements available for public inspection and reproduction ( Government Code Section 81008). Upon receipt of statements from individualsholdingpositionsidentifiedin GovernmentCodeSection87200, the City Clerk shall make and retain copies and forward original statements to the Fair Political Practices Commission. The City Clerk shall retain all other statements.
SECTION 3: Savings Clause
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 accruingunderany other Conflictof InterestCode, nor shall it affect any prosecution, suit or proceeding pending or any judgement rendered in connection with any other Conflict of Interest Code.
CITY OF FULLERTON
CONFLICT OF INTEREST
APPENDIX A
DESIGNATED POSITIONS*
DESIGNATED POSITION DISCLOSURE CATEGORY/ IES
Administration
Assistant City Clerk 6
Assistant to the City Manager / Economic
Development Manager
1, 2
City Clerk / Clerk Services Manager 3, 6
Deputy City Clerk 6
Deputy City Manager 1, 2
Administrative Services
Budget Analyst 6
Buyer 1 6
Buyer II 6
Chief Information Officer 1, 2
Director of Administrative Services 1, 2
Fiscal Services Manager 3, 5, 6, 7
Information Technology Manager 6
Information Systems Project/ Programmer Manager 6
Network Specialist 6
Purchasing Manager 6
Revenue Manager 3, 5, 6, 7
Revenue and Utility Services Manager 3, 5, 6, 7
Utility Services Supervisor 5, 6
Community Development
Assistant Planner 3, 4, 6
Associate Plan Check Engineer 3, 4, 6
Associate Planner 3, 4, 6
Building Inspector Trainee 3, 4, 6
Building Inspector 1 3, 4, 6
Building Inspector 11 3, 4, 6
Building Inspector III 3, 4, 6
Building Permit Supervisor 3, 4, 6
Building and Safety Manager 3, 4, 6
Building Official / Plan Check Engineer 3, 4, 6
Code Enforcement Manager 3, 4, 6
Code Enforcement Officer 3, 4, 6
Code Enforcement Officer Trainee 3, 4, 6
Code Enforcement Supervisor 3, 4, 6
Deputy Director of Community and Economic
Development
1, 2
Director of Community and Economic Development 1, 2
Housing and Community Rehabilitation Inspector 3, 4, 6, 7 Housing and Homeless Resources Manager 3, 4, 6, 7
Housing Manager 3, 4, 6, 7
Housing Programs Assistant 3, 4, 6, 7
Plan Check Engineer 3, 4, 6
Plan Check Specialist — Fire 3, 4, 6
Planning Manager 3, 4, 6
Senior Building Inspector 3,4, 6
Senior Code Enforcement Officer 3, 4, 6
Senior Planner 3, 4, 6
Fire
Battalion Chief 2, 3, 6
Deputy Chief 3, 6
Division Chief 2, 3, 6
Environmental Compliance Specialist 2, 3, 6
Fire Chief 1, 2
Fire Marshal / Deputy Chief - Administration 2, 3, 6
Fire Marshal / Division Chief — Administration 2, 3, 6
Fire Prevention Inspector 2, 3, 6
Fire Prevention Specialist Series 2, 3, 6
Fire Protection Analyst 2, 3, 6
Hazardous Materials Specialist I / II 2, 3, 6
Hazardous Materials Specialist Trainee 2, 3, 6
Human Resources
Director of Human Resources 1, 2
Human Resources Manager I / II 6
Human Resources / Risk Management Analyst 6
Risk Manager 6
Library
Library Director 1, 2
Library Division Manager — Adult Services 6, 7
Library Division Manager — Children's Services 6, 7
Library Division Manager — Technical Services 6, 7
Parks and Recreation
Director of Parks and Recreation 1, 2
Events Specialist 6, 7
Parks Project Specialist 6, 7
Parks Project Manager 6, 7
Parks and Recreation Manager 6, 7
Parks and Recreation Supervisor 1 / 11 6, 7
Police
Police Captain 2, 3
Police Chief 1, 2
Police Communications Su ervisor 2, 3
Police
Lieutenanations
t 2, 3
Police Sergeant — Communications 2, 3
Police Technical Services Mana er2, 3
Public Works
Airport Manager 6
Building & Facilities Superintendent 6
City Engineer / Assistant Director of Public Works 1, 2 Civil Engineer 4, 6
Construction Inspector 3, 6
Construction Inspector — Water 3, 4, 6
Director of Public Works 1, 2
Equipment Superintendent 6
Landscape Superintendent 6
Manager — BuildingandFacilitiesandSewerDivisions 3,4,6
Manager — Landscape and Street Divisions 3, 4, 6
Maintenance Services Manager 6
Principal Civil Engineer 3, 4, 6
Principal Civil Engineer — Water 3, 4, 6
Principal Construction Inspector 3, 4, 6
Public Works Analyst 4, 6
Real Property Agent 4, 6
Senior Civil Engineer 3, 4, 6
Senior Traffic Engineering Analyst 4, 6
Sewer Superintendent 6
Source Control Inspector 6
Street Superintendent 6
Water Engineering and Systems Manager 6
Water Superintendent 6
Water System Manager 6
Water System Manager / Assistant City Engineer 3, 4, 6
Various Departments
Administrative Analyst 1 / II 6, 7
Senior Administrative Analyst 6
Project Manager 1 6
Project Manager 11 6
Commission / Committee / Board Members
Investment Advisory Committee 5, 6
Library Board of Trustees 6, 7
Transportation and Circulation Commission 3, 4, 6
Community Development Citizens' Committee 6, 7
Parks and Recreation Commission 6, 7
Infrastructure and Natural Resources Advisory
Committee
4, 6
Active Transportation Committee 4, 6, 7
CONSULTANTS
The City Manager, or designee, shall determine in writing on a case-by-case basis whether a particular consultant is required to comply with disclosure requirements. If the City Manager, or designee, determines that, pursuant to the Conflict of Interest Code, a particular consultant must comply with disclosure requirements, the City Manager, or designee, shall complete a Fair Political Practices Commission Form 805 Consultants) and forward the completed Form 805 to the City Clerk. The City Clerk will forward a copy of the completed Form 805 to the consultant and inform the individual consultant of their filing obligations. . The City Manager' s, or designee' s, determination is a public record and available for public inspection. The City Clerk' s Office will keep all Form 805 ( Consultants) on file in accordance with the City's Records Retention Schedule.
GOVERNMENT CODE SECTION 87200 FILERS
City Council Members
City Council Candidates
City Attorney
City Manager
City Treasurer
Planning Commissioners
These positions file in accordance with requirements contained in California Government Code Section 87200.
NEWLY CREATED / TEMPORARY POSITIONS
The Director overseeing the Human Resources department, or designee, shall determine when a newly created position will make or participate in making governmental decisions on behalf of the City and assign a disclosure category conforming to the position's range of duties. The Director, or designee, will complete a Fair Political Practices Commission Form 804 ( New Positions) and file the completed Form 804 (New Positions) with the City Clerk at the time the City creates the position.
APPENDIX B
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income or real property, which the Designated Individual must disclose for ech disclosure category to which s/he is assigned.
Category 1 All investments, business positions and sources of income including gifts, loans Broad Disclosure — and travel payments from sources doing business in the jurisdiction of the City Income or plan to do business within the jurisdiction of the City within the next year or have done business with the jurisdiction of the City within the past two years.
Category 2 All interest in real property located in whole or in part within the jurisdiction, Broad Disclosure - including property located within a two- mile radius of any property owned or Property used by the City.
Category 3 All investments, business positions and income, including gifts, loans and travel Disclosure Related payments, from sources subject to the regulatory, permit or licensing authority to Licensing / of the designated individual's department, will be subject to such authority in Permitting the next year or have been subject to such authority within the past two years within the designated individual' s area of authority.
Category 4 All investments, business positions and sources of income, including gifts, Disclosure Related loans and travel payments from entities which engage in land development, to Land / Property construction or the acquisition or sale of real property within the jurisdiction of theCity, planto engagein suchactivitieswithinthejurisdictionof theCitywithin the next year or have engaged in such activities within the jurisdiction of the City within the past two years or have an interestin real propertywithin the designated individual' s area of authority.
Category 5 All investments, business positions and sources of income from business Disclosure Related entities that are banking, savings and loan or other financial institutions within to Banking / the designated individual' s area of authority.
Finance
Category 6 All investments, business positions and sources of income, including gifts, Purchasing / loans and travel payments, from, business entities that provide leased facilities, Contracting services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City within the past two years within the designated individual' s area of authority.
Category 7 All investments, business positions and income, including gifts, loans and travel Disclosure Related payments or income from a nonprofit organization, if the source is of the type to to Grants / Service receive grants and other monies from or through the City and within to the Providers designated individual' s area of authority.
City of Fullerton
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF FULLERTON )
RESOLUTION NO. 2020- 89
I, Lucinda Williams, City Clerk and ex -officio Clerk of the City Council of the City of Fullerton, California, hereby certify that the whole number of the members of the City Council of the City of Fullerton is five and that the City Council adopted the above and foregoingResolutionNo. 2020-89 at a regularmeetingof the City CouncilheldOctober 20, 2020 by the following vote:
COUNCIL MEMBER AYES:
COUNCIL MEMBER NOES:
Fitzgerald, Flory, Silva, Whitaker, Zahra
None
COUNCIL MEMBER ABSTAINED: None
COUNCIL MEMBER ABSENT: None