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111924 CLK COI Agenda Report

City Council - Successor Agency - Housing Authority
November 19, 2024

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111924 CLK COI Agenda Report
Meeting
November 19, 2024
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City Council - Successor Agency - Housing Authority
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Agenda Report
Fullerton City Council
MEETING DATE: NOVEMBER 19, 2024
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: LUCINDA WILLIAMS, CITY CLERK
PREPARED BY: LUCINDA WILLIAMS, CITY CLERK
SUBJECT: CITY OF FULLERTON CONFLICT OF INTEREST CODE BIENNIAL REVIEW AND UPDATE

SUMMARY
The Political Reform Act (Act) requires each local agency in California to review its Conflict of Interest Code at least biennially. Staff recommends amending the City of Fullerton Conflict of Interest Code (Code) to delete eliminated positions and add new positions identified as Conflict of Interest (Form 700) filers since the last Code update.

PROPOSED MOTION
Adopt Resolution No. 2024-XXX.

RESOLUTION NO. 2024-XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, MODIFYING THE CITY OF FULLERTON CONFLICT OF INTEREST CODE INCLUDING DESIGNATED POSITIONS AS REQUIRED BY THE POLITICAL REFORM ACT AND REGULATIONS OF THE FAIR POLITICAL PRACTICES COMMISSION

ALTERNATIVE OPTIONS
Approve the Proposed Motion
Other options brought by City Council.

STAFF RECOMMENDATION
Approve the Proposed Motion.

CITY MANAGER RECOMMENDATION
The City Manager recommends approval of the proposed motion.

PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:

Fiscal and Organizational Stability.

FISCAL IMPACT
None.

DISCUSSION
The Political Reform Act prohibits a public official from using an official position to influence a governmental decision in which the official has a financial interest. Every state and local agency in California must adopt, and review biennially, a conflict of interest code that identifies all agency officials and employees who make or participate in making governmental decisions based on the positions they hold.

The individuals in the designed positions must disclose their financial interests as specified in the agency conflict of interest code to help identify potential conflicts of interest. The law requires public officials and employees holding designated positions in a conflict of interest code to report their financial interests on a Statement of Economic Interests – Form 700 within 30 days of assuming the identified position, annually while holding the position and within 30 days of leaving the position.

The Act requires governmental agencies review their conflict of interest codes in each even-numbered year. Staff conducted the annual review and identified proposed amendments to the Designated Positions described in detail in this report.

The City recommends the following changes to the Conflict of Interest Code:

Added Positions:

Business Registration Supervisor (Resolution No. 2023-072) Deputy Director of Administrative Services (Resolution No. 2023-072) Purchasing Supervisor (Resolution No. 2023-072)
Revenue Operations Manager (Resolution No. 2023-072)
Economic Development Manager (Human Resources determination) Assistant Fire Marshall / Fire Plan Examiner (Resolution No. 2023-011) Fire Battalion Chief (Human Resources determination)
Senior Human Resources / Risk Management Analyst (Human Resources determination) Library Division Manager (Human Resources determination) Police Behavioral Health Clinician I / II (Human Resources determination) Assistant Director of Public Works – Maintenance (Resolution No. 2023-009) City Traffic Engineer (Human Resources determination)
Facilities Manager (Human Resources determination)
Landscape and Tree Manager (Human Resources determination) Senior Civil Engineer – Water (Human Resources determination) Street and Sewer Manager (Human Resources determination) Senior Advisory Committee Member (Resolution No. 2024-007) Deleted Positions:

Budget Analyst I (Human Resources determination)
Budget Analyst II (Human Resources determination)
Revenue Manager (Resolution No. 2023-072)
Revenue and Utility Services Manager (Human Resources determination) Senior Budget Analyst (Human Resources determination)
Assistant Planner (Human Resources determination)
Code Enforcement Officer Trainee (Human Resources determination) Economic Development Manager / Principal Planner (Human Resources determination) Plan Check Specialist – Fire (Resolution No. 2023-011)
Battalion Chief (Human Resources determination)
Environmental Compliance Specialist (Resolution No. 2023-011) Fire Marshal / Deputy Chief – Administration (Resolution No. 2023-038) Fire Marshal / Division Chief – Administration (Resolution No. 2023-038) Fire Prevention Inspector (Resolution No. 2023-011)
Fire Protection Analyst (Resolution No. 2023-011)
Hazardous Materials Specialist I / II (Resolution No. 2023-011) Hazardous Materials Specialist Trainee (Resolution No. 2023-011) Human Resources / Risk Management Analyst (Human Resources determination) Police Lieutenant (Human Resources determination)
Police Sergeant – Communications (Human Resources determination) Landscape Superintendent (Human Resources determination) Manager – Building and Facilities and Sewer Division (Resolution No. 2023-073) Manager – Landscape and Street Divisions (Resolution No. 2023-073) Maintenance Services Manager (Human Resources determination) Public Works Analyst (Human Resources determination)
Water Engineering and Systems Manager (Human Resources determination) Water Superintendent (Resolution No. 2023-086)
Water System Manager / Assistant City Engineer (Resolution No. 2023-086) Administrative Analyst I / II (Human Resources determination) Other changes:

Add Filing Category 5 to Director of Administrative Services Human Resources determination Add Filing Category 6 to City Engineer / Assistant Director of Public Works (Human Resources determination) Add Filing Category 6 to Director of Public Works (Human Resources determination) The attached draft resolution reflects these changes to the list of designated positions required to file a Conflict of Interest Statement.

Attachments:

Attachment 1 – Draft Resolution No. 2024-XXX
cc: City Manager Eric J. Levitt
Conflict of Interest Code Update
November 19, 2024 - Page PAGE \* MERGEFORMAT 2

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