1 RESOLUTION NO. 2024-35
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, ADOPTING THE 2024 CONFLICT OF INTEREST CODE PURSUANT TO THE FAIR POLITICAL REFORM ACT OF 1974
The City Council of the City of Lomita does resolve as follows:
WHEREAS, the City of Lomita is required to adopt a Conflict of Interest Code pursuant to Government Code Section 87300, comprising a part of the Political Reform Act of 1974 as amended; and
WHEREAS, the Political Reform Act requires certain City officials, specified in section 87200 of the California Government Code, to file economic disclosure forms ("Form 700") and abstain from making or participating in making governmental decisions which have a reasonably foreseeable material effect on an economic interest; and
WHEREAS, the Political Reform Act also requires the City to adopt a local conflict of interest code that enumerates specific City positions other than those specified in Government Code section 87200 which involve making or participating in making decisions which have a reasonably foreseeable material effect on an economic interest, and to designate for each position the specific types of investments, business positions, interests in real property and sources of income which are reportable based on the scope of the decision-making authority of the position; and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation (Title 2, Section 18730 of the California Code of Regulations) which contains the terms of a standard conflict of interest code that cities can adopt by reference, and which may be amended by the FPPC to conform to amendments in the Political Reform Act after public notice and hearings; and
WHEREAS, in 1980 the City Council adopted Resolution No. 1980-35, approving a Conflict-of-Interest Code for the City that incorporated by reference the terms of 2. Cal.
Code of Regulations Section 18730 et seq., and any amendments to it as duly adopted by FPPC; and
WHEREAS, the Political Reform Act requires all local government agencies to review their Conflict of Interest Code every even-numbered year and to revise them as necessary to adapt to changed circumstances; and
WHEREAS, the City reviewed its Conflict of Interest Code and determined that changes have occurred since the last time the Code was amended which require the Code to now be revised to reflect the current organizational structure of departments, designated positions and categories of disclosure; and
Attachment No. 1
2 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 to each designated employee and was 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 November 19, 2024, at which all present were given an opportunity to be heard on the proposed amended Code.
NOW, THEREFORE, THE CITY COUNCIL OF LOMITA DOES HEREBY
DETERMINE AND ORDER AS FOLLOWS:
Section 1: The City Council does hereby approve and adopt amendments to its current Conflict of Interest Code as shown in Appendices "A and B" attached to this Resolution, which constitute the Conflict of Interest Code for the City of Lomita (“Code”).
Section 2: The terms of 2 California Code of Regulations Sections 18730 et seq. and any amendments to it as duly adopted by the FPPC are hereby incorporated by reference into the Code.
Section 3: Designated employees in Appendices "A and B" shall file statements of economic interests (Form 700) with the City Clerk. The City Clerk shall forward the original Form 700s filed by the Mayor, Members of the City Council, Planning Commissioners, the City Manager, the City Attorney, and the City Treasurer to the Fair Political Practices Commission pursuant to California Government Code Sections 87200 et seq. The City Clerk shall retain copies of all statements of economic interests and make them available for public inspection and reproduction in accordance with Government Code Section 81008 during regular business hours.
Section 4: Any prior resolution or policy establishing a conflict of interest code, is superseded by this Resolution and repealed in its entirety.
Section 5: The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 6: This Resolution shall become effective immediately upon adoption. //
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3 PASSED AND ADOPTED by the City Council of the City of Lomita on this 19th day of November 2024.
__________________________
Bill Uphoff, Mayor
ATTEST:
___________________________
Kathleen Horn Gregory, MMC City Clerk
APPROVED AS TO FORM:
___________________________
Trevor Rusin, City Attorney
4 APPENDIX A
DESIGNATED POSITIONS
Each position set forth below is a designated position within the meaning of the City of Lomita's Conflict of Interest Code.1 Each person holding a designated position shall file a statement disclosing his/her interest in investments, business positions, real property, and income, designated as reportable under the category to which his/her position is assigned on Appendix B.
Individuals holding designated positions shall file their statements with the City Clerk's Office, which will retain the statements and make the statements available for public inspection and reproduction. (Gov. Code Section 81008).
The filing officer may impose an individual fine for any statement that is filed late. The fine is $10 per day up to a maximum of $100. In addition, members of nonelected boards, commissions, or committees will be reported to the City Council and may be subject to removal by the City Council. City employees will be reported to his or her supervisor and could be subject to disciplinary action in accordance with the applicable personnel rules.
Consultants will be reported to the City Attorney and such actions may constitute a breach of the applicable agreement.
In Blue: Added since last Code update
Strike through: Deleted since last Code update
Position Disclosure Category
Accountant 1, 2, 3
Administrative Services Director 1, 2, 3, 4
Administrative Analyst 1, 2, 3
Assistant City Manager 1, 2, 3, 4
Assistant City Attorney 1, 2, 3
Assistant Planner 1, 2, 3, 4
Associate Engineer 1, 2, 3, 4
Associate Planner 1, 2, 3, 4
City Clerk 1
Community and Economic Development Director 1, 2, 3, 4
Code Enforcement Officer 1
Code Enforcement Supervisor 1, 2, 3, 4
New Position/Consultant2 5
1 The members of the City Council and Planning Commission, the City Manager, the City Attorney, and the City Treasurer are not subject to the City's Conflict of Interest Code because they are subject to the disclosure requirements of the Political Reform Act under Government Code sections 87200 et seq. 2 The term “consultant” has the same meaning ascribed to it as set forth in 2 Cal. Code of Regs. §18700.3.
A “consultant” includes an individual who performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in this Conflict of Interest Code.
5 Deputy City Attorney 1, 2, 3
Deputy City Clerk 1
Deputy City Manager/Public Works Director 1, 2, 3, 4
Facilities Supervisor 1, 2, 3
Human Resources Manager 1, 2, 3, 4
Finance Supervisor 1, 2, 3, 4
Management Analyst - City Manager’s Office 1, 2, 3, 4
Management Analyst – Parks and Recreation Department. 1, 2, 3, 4 Parks and Recreation Director 1, 2, 3, 4
Parking Enforcement Supervisor 1, 2, 3
Public Works Director 1, 2, 3, 4
Public Works Operations Manager 1, 2, 3, 4
Recreation Supervisor- Parks and Recreation Department 1, 2, 3 Senior Civil Engineer 1, 2, 3, 4
Principal Engineer 1, 2, 3, 4
Senior Accountant 1, 2, 3, 4
Senior Human Resources Analyst 1, 2, 3
Senior Management Analyst 1, 2, 3
Water Quality and Environmental Specialist 1, 2, 3
Water Systems Superintendent 1, 2, 3, 4
An individual is not a consultant or in a new position subject to the broadest disclosure requirements if the City Manager makes a determination in accordance with the following procedure:
The City Manager may determine in writing that the individual is hired to perform a limited range of duties that does not require the person to meet the broadest disclosure category described in this Conflict of Interest Code. Such written determination must include a description of the consultant’s or new employee’s duties and, based upon that description, a statement of the extent of disclosure requirements.
Instead of a statement of extent of disclosure requirements, the City Manager may assign an existing disclosure category. The City Manager determination is a public record and must be retained for public inspection in the same manner and location as this Conflict of Interest Code. FFPC Form 805 may be used for consultants and FFPC Form 804 for new positions.
6 APPENDIX B
DISCLOSURE CATEGORIES
CATEGORY 1: PERSONAL INCOME
All sources of income, including investments, gifts, loans and travel payments as defined in Government Code Section 82030, as amended.
Not included as income in this disclosure category is income received from any source outside the City of Lomita if that source is not presently doing business within the City of Lomita and has not done business within the City of Lomita during the two years prior to the time this disclosure statement is made.
CATEGORY 2: INTERESTS IN REAL PROPERTY
All interests in real property in excess of $2,000 held by the designated employee, or commissioner, the employee or commissioner's spouse or dependent children located in whole or in part within the City of Lomita or within a two-mile radius of the boundaries of the City of Lomita.
Included within this disclosure category is any leasehold, beneficial or ownership interest or an option to acquire such an interest in real property. Included within this disclosure category is any pro rata share of interests in real property of any business entity or trust in which the designated employee, or commissioner, the employee or commissioner's spouse or dependent children, owns directly, indirectly or beneficially, a 10 percent interest or greater.
An "interest in real property" does not include the principal residence of the employee or commissioner, making the disclosure unless all or part of that residence is used for business purposes and claimed as a business deduction on the designated employee or commissioner's income tax return.
CATEGORY 3: INVESTMENTS
All financial interests in excess of $2,000 held by the designated employee or commissioner, the employee or commissioner's spouse or dependent children in security issued by a business entity, including but not limited to common stock, preferred stock, options, debt instruments and any partnership or other ownership interest if the business entity or any parent, subsidiary or otherwise related business entity has an interest in real property in the City of Lomita, or does business or plans to do business in the City of Lomita, or has done business within the City of Lomita at any time during the two years prior to the time this disclosure statement is made.
7 The term "investments" does not include a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, interest in a diversified mutual fund registered with the Securities and Exchange Commission or a common trust fund created pursuant to Section 1564 of the Finance Code, or any bond or other debt instrument issued by any government or government agency.
The term "investments" does include a pro rata share of investments of any business entity, mutual fund, or trust in which the designated employee, the employee's spouse or dependent children own directly, indirectly or beneficially, a 10 percent interest or greater.
CATEGORY 4: MANAGEMENT POSITIONS
Management positions held with any business entity located, doing business, planning to do business, or having done business in the past two years within the City of Lomita.
CATEGORY 5: BROADEST DISCLOSURE
Persons in this category shall disclose all investments, business positions, interests in real property, and other sources of income, including gifts, loans, and travel payments, in which the public official, their spouse/domestic partner, or dependent children have an interest “within the jurisdiction” of the City of Lomita, as defined in the FPPC Regulations.
Real property shall be deemed to be “within the jurisdiction” if the property or any part of it is located within a two-mile radius of the City or of any property owned or used by the City. As applicable, persons in this category shall further disclose all investments, business positions in, and income, including gifts, loans, and travel payments from any sources that provide supplies, equipment or services of the type utilized by the department or division for which the person is this category is assigned.
Persons are not required to disclose a residence, such as a home or vacation cabin, used exclusively as a personal residence; however, a residence in which a person rents out a room or for which a person claims a business deduction may be reportable.