RESOLUTION NO. 2020- 179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA,
CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT
OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY
COUNCIL AND SPECIFIED AND DESIGNATED OFFICERS AND
EMPLOYEES
WHEREAS, a Conflict of Interest Code for City officials, employees and commissioners was adopted on August 15, 1.977;
WHEREAS, Government Code Section 87306. 5 requires every local agency to review its Conflict of Interest Code in all even-numbered yearsand make amendments, if necessary; WHEREAS, California Code of Regulations Section 18730 contains the Fair Political Practices Commission' s standard Conflict of Interest Code, which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act, and which may be adopted by an agency as the agency's Conflict of Interest Code by incorporating Section 18730 by reference;
WHEREAS, the Conflict of Interest Code for City officials, commissioners, employee positions and consultants was amended and a new Code adopted on February 3, 1986, on December 7, 1992, on January 23, 1995, December 16, 1996, on November 16, 1998, December 4, 2000, December 16, 2002, December 4, 2004, December 18, 2006, December 15, 2008, December 6, 2010, December 3, 2012, December 14, 2014, December 5, 2016, and December 17, 2018; WHEREAS, Pomona City Charter Section 1403 and Pomona City Code Section 2-971 also address conflicts of interest specific to the City of Pomona; and WHEREAS, since December 2018, there have been numerous changes in the City organization and employment classifications, which necessitates amending Appendix " A" of the City' s Conflict of Interest Code by updating position titles andcorresponding disclosure levels for numerous positions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona, California, as follows:
SECTION L In compliancewith GovernmentCodeSection87300,the City Council hereby approvesand adoptsthe City of Pomona's Conflict of InterestCode,which incorporatesbyreference California Code of Regulations Section 18730, as currently statedand as may be amendedin the future, and alsoincorporates by referencePomonaCity CharterSection1403andPomonaCity Code Section 2- 971.
SECTION 2. Pursuant to Government Code Section 87303, upon the City Council' s approval of this Conflict of Interest Code,this code shall bedeemedadoptedby the City of Pomona and shall immediately take effect.
SECTION 3. This Conflict of Interest Code shall be applicable to all specified positions under Government Code Section 87200, including the City Council, and, pursuant to Government Code Section 82019( 3), to the designated positions set forth in Appendix " A" of the Conflict of Interest Code, attached hereto as Exhibit" A."
SECTION 4. The City Clerk shall certify to the passageand adoption of this Resolution, and it shall thereupon be in full force and effect.
PASSED, APPROVED AND ADOPTED this 7"' day of December 2020.
CITY OF POMONA:
TimaoS oval
Mayor'
APPROVED AS TO FORM: ATTEST:
ell
Sonia Carvalho R6salia A. Butler, MMC
City Attorney City Clerk
1, HEREBY CERTIFY that the foregoing resolution was duty adopted by the City Council of the City of Pomonaat a regular meeting thereof held on December7, 2020, by the following vote of the Council:
AYES: Garcia, Lustro, Nolte, Ontiveros- Cole, Preciado, Torres, Sandoval NOES: None
ABSTAIN: None
ABSENT: None
Rosalia A. Butler, MW
City Clerk
EXHIBIT " A"
CONFLICT OF INTEREST CODE
CITY OF POMONA
INTRODUCTORY PROVISIONS
i. The Political Reform Act, Government Code Section 81000, el seq.,requiresstateand local government agencies to adopt and promulgate conflict of interest codes. This Conflict of Interest Code is adopted pursuant to and in compliance with Section 87300 of the California Government Code. This Conflict of InterestCode is in addition to Statelaws pertaining to conflicts of interest of the City of Pomona's officers and employeesand is not intended to abridge or otherwise modify such laws.
California Code of Regulations Section 18730 contains the terms of a standard Conflict of Interest Code. The Fair Political Practices Commission may amend the standard Conflict of Interest Code after public notice and hearings to conform to amendments in the Political Reform Act. The standard Conflict of Interest Code can be adopted by local agenciesby incorporating the standardConflict of InterestCodeby reference. By doing so,the terms of California Codeof Regulations Section 18730,andanyamendmentsto it duly adoptedby the Fair Political Practices Commission, are hereby incorporated by reference into the City of Pomona Conflict of Interest Code.
In addition, Pomona City Charter Section 1403 and Pomona City Code Section 2- 971 set forth conflict of interestprovisions specific to the City of Pomona. Therefore, PomonaCity Charter Section 1403and City Code Section2-971 arealsoincorporatedby referenceinto the City' s Conflict of Interest Code.
The City of PomonaConflict of Interest Code contains the following Appendices:
Appendix A, which specifies the designated officers and employee positions and the applicable disclosure categories;
Appendix B, which sets forth required disclosures for consultants; and Appendix C, which setsforth the disclosuresrequired for eachdisclosure category.
Changes are shown in strikeout and bold/ underline format.
The City of Pomona is the " Agency" and the City Council of the City of Pomona is the Code Reviewing Body" within the purview of this Code. Pursuant to Government Code Section 87303, upon the City Council of the City of Pomona' s approval of this Conflict of Interest Code, this Code shall be deemed adopted by the City of Pomona and shall immediately take effect.
ii. Designated employeesshall file Statementsof Economic Interestswith the City Clerk, who shall be, and will perform the duties of, the filing officer for the City of Pomona. The Statements shall be available for public inspection and reproduction. The Statements are public records subject to Government Code Section 81008. All newly designated employees shall file an initial Statement within thirty ( 30) days after the effective date of the herein Code. 'rhe annual 'Statementof Economic Interestsshall beduty filed by no later than April I of each calendar year.
This Conflict of Interest Code of the City of Pomona, so adopted, replacesin entirety any Conflict of Interest Code of the City of Pomona previously in effect. All terms or words in this Conflict of Interest Code and in its Appendices shall have such meanings as are associated thereto in. the Political Reform Act, as amended from time to time.
APPENDIX " A"
SPECIFIED OFFICERS
Government Code § 87200)
MAYOR AND COUNCILMEMBERS
0 CITY MANAGER
0 CITY ATTORNEY
a CITY TREASURER
a FINANCE DIRECTOR/ CITY TREASURER
0 PLANNING COMMISSIONERS
ADDITIONAL OFFICIALS WHO MANAGE
PUBLIC INVESTMENTS
Government Code § 87200)
0 PUBLIC WORKS DIRECTOR
0 WATER RESOURCES DIRECTOR
a INVESTMENT OVERSIGHT COMMITTEE
0 INVESTMENT ADVISOR/ CONSUI.., TAN'" r
DESIGNATED EMPLOYEES
Government Cole 82019 3
DISCLOSURE
DEPARTMENT DESIGNATED EMPLOYEES CATEGORIES
ADMINISTRATION
DevutvCit Manager
Senior Admin. Assistant ( to the City Council) II& III Govemmental & Gofnmtm +
A VV,,:
Manage- r- W
CITY ATTORNEY
Assistant City Attorney
Deputy City Attorney
CITY CLERK
Clerk
Deputy City Clerk
DEVELOPMENT SERVICES
Code Compliance Inspector
Code Compliance Manager
Development Services Director I
Planning Manage I
Senior Code Compliance Inspector
m m
T
Senior Planner Q
R dxrc r' G., riu
FINANCE
Accounting Manager I
ti ri lt i t '
w<<
kyy y r r-r• 1ti 6. IIS
I GKvF SII a lid
Purchasing Mana er H & IH
Irina:_„ Manager I
Revenue Operations Supervisor IT & III
d
Senior purchasing Technician II
OMAN So) URCCS
Human Resources Analyst T/TT TI & III
human Resources Manager T
Human Resources/ Risk Mana Tement Director T
Resotifee, s Analyst T
Risk Manager I
Emergency preparedness Analyst I/ II...._. II & 11I
INFORMATION TECHNOLOGY
Database Administrator T
information Technology Director I
NEIGHBORHOOD SERVICES
Community Services Manager T
Family Self Sufficiency Coordinator II & III
Yh7'II" Ylkl.dl&`YV u. U l`+
n
Q.Cll;„°."'° iG
N
1i
i
Homeless Programs Supervisor IT & III
lEara.xswu,„
a ;
i nn.Nt,., N ," CSV
Housing Authority Manager I
blousing Grants Supervisor IT& III
Housing Loan Coordinator I
Housing_ Rehabilitation Specialist T
Housing Services Mann er I
Neighborhood Services Director I
Recreation. Supervisor II
POLIO
v ti ( f< f-° :(", IrlII( a`{, IfI Via. 111
Administrative Services Manager t
Deputy Police Chief' I
Facilities_.-...- _------.-----------.Police Bldg. ilities Coordinator I Police Ca taro I.
m_._..
Police Chief I
Police Civilian Division Commander I
mm............. m._..
Police Dispatch and. Jail Services Manager II& III
Police Lieutenant I
Police Records Manager II& III
PUBLIC ' CORKS
m................
Associate Engineerg VIII 1C
City Engineer I
Engineering ' Technician lI & III:
Facilities Maintenance Supervisor II & III
F. leet Service_. s. Manager I
Fleet Services Suaervisor II & III
Management Analyst II & III
a..._.._
Parks and Facilities Manager I
Parks and Landseape Manageir-
Parks and Landscape Supervisor II & III
Public Services Supervisor I & II
Public " Works Director I
Public Works Inspector „ I; II & III
Senior Civil Engineer II & III
Senior Management Analyst I
Solid Waste Supervisor I
Streets and. Solid Waste Services Manager I
WATER RESOURCES
Distribution and Wastewater Operations Supervisor II & III r Qom, rrr _
k,A, Hr7, K° `" u x6,1, zb. 7re¢ ar ur y• ll
Environmental Programs Supervisor II& III
Management Analyst II& III
Production and Treatment Operations Supervisor II& III
Senior Management Analyst I
Senior. Water Resources Engineer II& III
Supervising Water Resources Engineer II& III
sv er. )! Jdk ,.,A' 111gip, V
Water Operations Manager r ll & III
Water Quality Supervisor
Water Resources Director
Water Resources Manager Ill
BOARDS/ COMMISS. IONS
Community Life Commission IV
Cultural Arts Commission IV
Historic Preservation Commission IV.
Library Board of Trustees 11
Parking Place Commissioners ( VPD) TI 41 JV
Parks & Recreation Commission IV
APPENDIX " B"
CONSULTAN' rs
Commission Regulation § 18701 defines " consultant" as an individual who, pursuant to a contract with a stateor local government agency:
A. Makes a governmental decision whether to:
i. Approve a rate, rule or regulation;
ii. Adopt or enforce a law;
iii. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; iv. Authorize the Agency to enter into, modify, or renew a contract provided it is the type of contract which requires Agency approval;
V.
GrantAgencyapprovalto a contractwhich requiresagencyapprovalandin which the Agency is a party or to the specifications for sucha contract, Vi. GrantAgencyapprovalto aplan, design, report, study, or similaritem; Vii.
Adopt,or grantagencyapprovalof, policies,standards,orguidelinesfor theAgency, or for any subdivision thereof; or
B. ServesinastaffcapacitywiththeAgencyandin thatcapacityparticipatesin making governmental decisions as defined in California Code of Regulations Section 18702.2 or performs the sameor substantially all the sameduties for the Agency that would otherwise be performed by an individual holding a position specified in the Agency' s Conflict of Interest Code.
APPENDIX " C"
DESIGNATED EMPLOYEE CATEGORIES
1. Thiscategoryappliesto individualsthatmake,or participateinmaking,decisionsthatmayhaveamaterialeffecton their financial interest( s) in:
a. businesses in which the individual holds an investment or business position'; b. sources of income; or
c. real property.
Individualssuhjeclto thiscategory neednotdiscloseunderCategory11or III. Individualssubjectto thiscategory mustdiscloseanyof thefollowing financialinterestswithin the City andwithin two miles of City boundaries:
a. investments in business entitieS2;
b. business positions held;
c. sources of income; and
d. interests in real property.
ii. This category applies to individuals that make, or participate in making, decisions that involve the purchase of services, supplies, materials, machinery or equipment.
Individuals subject to this category must disclose any of the following financial interests in businessentities which provide services, supplies, materials, machinery, equipment, or technology of the type utilized by the City:
a. investments in business entities;
b. business positions held; and
c. sources of income.
111. This categoryappliesto individualsthat make, or participatein making, decisionsthat involve contractingfor services including, but not limited to:
a. Professional services-,
b. Vendor services;
c. Consulting services; and
d. Contractor services.
Individuals subject to this category mustdisclose any of the following financial interests in businessentities which provide contract services, of the type utilized by the City:
a. investments in business entities,
b. business positions held; and
c. sources of income.
IV. This category applies to commissioners, as applicable. Individuals subject to this category must disclose-, a. All investments in, interest in, or income from, real property located within thejurisdiction of the respective board or commission and five hundred feet contiguous thereto; and b. All investments in, interest in, or income from, any businessentity:
i. In which the person holds a business position; and ii. That is either: A) within the jurisdiction of the respect board of commission and five hundred feet contiguous thereto; or 13) conducted business within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto, at any time during thetwo yearsprior to thedate of filing the Statementsof Economic Interest.
I " Businesspositions"shallinclude,but not belimited to, a roleasadirector,officers,partner,trustee,employee,or any management position.
2" Business entities" shall include, but not be limited to, sole proprietorships, partnerships, and corporations.