RESOLUTION NO. R-2022-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLACENTIA, CALIFORNIA, AMENDING THE CITY'S
CONFLICT OF INTEREST CODE
A. Recitals
(i) The Political Reform Act, California Government Code § 81000, et seq., requires every city to adopt and promulgate a Conflict of Interest Code. (ii) The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations, § 18730, which contains the terms of a standard Conflict of Interest Code which may be adopted and incorporated by reference. (iii) The standard Conflict of Interest Code contained in § 18730 continues to be amended to conform to amendments in the Political Reform Act after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, California Government Code § 11370, et seq. (iv) The City Council of the City of Placentia has previously adopted the provisions of Title 2 of the California Code of Regulations, § 18730 and amendments duly adopted by the Fair Political Practices Commission. (v) Changed circumstances, including the necessity to clarify disclosure categories and the establishment and deletion of certain departmental positions, as well as changes in job titles and responsibilities, necessitate further modifications regarding designated positions and disclosure categories.
(vi) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, the City Council of the City of Placentia hereby finds, determines, and resolves as follows:
1. Appendix "A" and Appendix "B" of the City of Placentia Conflict of Interest Code hereby are amended to read, in words and figures as set forth in new Appendix "A" and Appendix "B," attached hereto and by this reference incorporated herein, effective as of the date of adoption of this Resolution.
2. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2022-63 ATTACHMENT 1
PASSED AND ADOPTED this 4th day of October 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 4th day of October 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2022-63 ATTACHMENT 1
APPENDIX "A"
CONFLICT OF INTEREST CODE
DESIGNATED DISCLOSURE
EMPLOYEES CATEGORIES
Administrative Department
*City Administrator Per Gov't Code §87200
*City Attorney Per Gov't Code §87200
Assistant City Attorney 1
Deputy City Administrator 1
A: ant City Adminicfrator 1
Director of Administrative Services 1
Director of Human Resources 1
Emergency and Health Services Manager 3,5
Public Safety Communications Manager 3,5
Information Technology Manager 3,5
Public Safety Communications Supervisor 4,5
Management Analyst 2,6
Deputy City Clerk 3
Human Resources Analyst 2,3,6
Senior Human Resources Analyst 2,3,6
Senior Management Analyst 2,3,5
Executive Assistant to the City Administrator 3
Public Works
City Engineer 1
Associate Civil Engineer 3,5
Environmental Services Coordinator 3,5
Management Analyst 3,5
Director of Public Works 1
Senior Management Analyst 3,5
Public Works Superintendent 3,5
Public Works Manager 3,5
Transportation Manager 3,5
Public Works Supervisor 4,5
Public Works Inspector 3,5
Senior Civil Engineer 3,5
Development Services Department
Director of Development Services 1
Associate Planner 3,5
Economic Development Manager/Asst. to City Administrator 3,5 Resolution R-2022-63
Appendix "A"
Digital Media Analyst 3
Senior Planner 3,5
Assistant Planner 3,5
Building Inspector 3,5
Management Analyst (Communications & Marketing) 2,6
Senior Code Enforcement Officer 3
Code Enforcement Officer 3
Resolution R-2022-63
Appendix "A"
Finance Department
Director of Finance Per Gov't Code §87200
Accountant 3
Senior Accountant I/11 3
Accounting Technician 3
Management Analyst 2,5,6
Accounting Manager 3,5
Senior Accounting Technician 3
Senior Financial Analyst 3
Police Department
Chief of Police 1
Police Captain 1
Police Lieutenant 1
Police Sergeant 3
Management Analyst 3
Police Services Supervisor 4,5
Police Services Officer/Community Services. Officer 4,5 Police Property Technician 3
Senior Management Analyst 3
Fire and Life Safety Department
Fire Chief 1
Battalion Chief 1
Fire Captain 1
Fire Marshal 1
Fire Prevention Specialist 1
Management Analyst 2,5,6
Community Services Department
Director of Community Services 1
Community Services Supervisor 3
Community Services Coordinator 3
Management Analyst 3
Elected Officials/Commission and Committee Members
City Clerk 1
*City Treasurer Per Gov't Code §87200
*City Councilmember Per Gov't Code §87200
*Planning Commissioner Per Gov't Code §87200
Financial Audit Oversight Committee Member 1
Economic Development Committee Mombor 1
Recreation & Parks Comm?cti.onor 1
{Excluding any "Teenage" Commiooioner)
Cultural Arts Commissioner 1
Resolution R-2022-63
Appendix "A"
Traffic Safety Commissioner 1
(Excluding any "Teenage" Commio)..aner)
Citizens' Oversight Committee 1
Park Arts and Recreation Commissioner 1
Streetscape and Transportation Advisory Commissioner 1
Senior/Community Center Blue Ribbon Committee 1
*These designated persons report as provided by Gov't Code Sections 87200 et seq.
Consultants
The City Administrator shall determine whether or not a consultant will act in a decision- making capacity. If he or she determines that the consultant is not to act in a decision- making capacity, then a written record shall be made of that determination and the consultant is not required to file a "Statement of Economic Interests". If the City Administrator determines that the consultant shall or is expected to act in a decision making capacity, then he or she shall also determine which disclosure categories shall apply to that consultant and a written record shall be made of that determination which shall be kept with the Conflict of Interest Code by the City Clerk.
Resolution R-2022-63
Appendix "A"
APPENDIX "B"
DISCLOSURE CATEGORIES
Disclosure Category 1: Broad responsibilities. Full Disclosure Persons in this category shall disclose all applicable investments, business positions, and sources of income, including gifts, loans and travel payments. Persons in this category shall further disclose applicable interests in real property located in the City, including property located within a two-mile radius of the City or of any property owned or used by the City. *
Disclosure Category 2: City-wide Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the City* Disclosure Category 3: Department/Division Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the designated employee's department or division.*
Disclosure Category 4: Regulatory Power
Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from any source which is subject to the regulatory, permit, or licensing authority of the designated employee's department or division. *
Disclosure Category 5: Decision -Making Authority Affecting Real Property Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which engage in land development, construction, or the acquisition or sale of real property. Persons in this category shall further disclose all interests in real property located in the City, and within a two-mile radius of the City or of any property owned or used by the City. * Disclosure Category 6: Decision -Making Authority Affecting Claims and/or Insurance
Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from:
A) Persons or entities which provide services, supplies, materials, machinery or equipment of the type utilized by the City. Business positions in business entities that manufacture, sell, supply, or promote personnel training materials or that offer personnel consulting services, and that do business, or expect to do business, within the City.
Resolution R-2022-63
Appendix "B"
B) Entities which are engaged in the business of insurance including, but not limited to, insurance companies, carriers, holding companies, underwriters, brokers, solicitors, agents, adjusters, claims managers and actuaries.
C) Financial institutions including, but not limited to, banks, savings and loan associations and credit unions.
D) Entities or persons who have filed a claim, or have a claim pending, against the City which is reviewed by the designated employee's department or division.
E) Income received from investments in, and business positions in business entities that offer, sell, or service group medical insurance, group life insurance, group dental insurance, pension plans, or that make investments, or any way manage funds relating thereto, and that do business, or expect to do business, within the City.* Disclosure Category 7: Investment Responsibilities
Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from financial institutions doing business with or eligible to do business with the City. *
*Definitions
"Applicable investments" relates to investments held by the designated employee, spouse and dependent children with an aggregate value of $2,000 or more located or doing business in the jurisdiction. It includes investments held by a business entity or trust in which the designated employee, spouse and dependent children have an aggregate interest of 10% or greater.
"Applicable business positions" relates to positions in which the designated employee was a director, officer, partner, trustee, employee or held any position of management during the period covered by the report, even if the designated employee received no income from the business entity during the period. "Applicable income" includes the designated employee's gross income (including loans) and the employee's community property interest in his or her spouse's gross income aggregating $500 or more received from any source located in or doing business in the jurisdiction. Please note that loans are reported on a separate schedule. "Applicable gift" includes anything of value for which the designated employee has not provided equal or greater consideration to the donor. A gift is reportable if its fair market value is $50 or more. In addition, multiple gifts aggregating $50 or more received during the reporting period from a single source must be reported. Unless otherwise expressly limited in the Disclosure Categories, gifts are reportable without regard to where the donor is located.
Resolution R-2022-63
Appendix "B"
"Applicable interest in real property" includes those located in the jurisdiction in which the employee, spouse, or dependent children had a direct, indirect, or beneficial interest aggregating $2,000 or more any time during the reporting period.
The employee is not required to report a residence used exclusively as a personal residence.
"Jurisdiction" means the City of Placentia. Real property is deemed to be "within the jurisdiction" if the property or any part of it is located in or within two miles of the boundaries of the City or any property owned or used by the City, unless a smaller area is specified in the Disclosure Category.
Resolution R-2022-63
Appendix "B"