RESOLUTION NO. 2020- 180
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
GOVERNING BOARD OF THE POMONA HOUSING AUTHORITY AND
DESIGNATED CITY EMPLOYEES BY INCORPORATING CALIFORNIA
CODE OF REGULATIONS SECTION 18730 - THE STANDARDIZED
CONFLICT OF INTEREST CODE
WHEREAS, the Housing Authority of the City of Pomonawas createdby Resolution No. 93- 114 on June 7, 1993;
WHEREAS, the Housing Authority of the City of Pomona is a local agency, as defined by the Political Reform Act, as found in Government Code Section 81000, et seq.; WHEREAS, Government Code Section 87306. 5 requires every local agency to review its Conflict of Interest Code in all even- numbered years;
WHEREAS, a Conflict of Interest Code for the Housing Authority Board and designated employeeswas adoptedon January23, 1995and it was amendedand a new Code was adoptedon December 16, 1996, November 16, 1998, December 4, 2000, December 16, 2002, December 4, 2004, December 18, 2006, December 15, 2008 and December 6, 2010, December 3, 2012, December 5, 2016 and December 17, 2018. There were no changes required in 2014; WHEREAS, since December 2018, there have been changes in employment titles and classifications for Housing Authority employees, which require an amendment to the Conflict of Interest Code;
WHEREAS, it is appropriateandnecessaryfor the Housing Authority of theCity of Pomona to have: its own and separate Conflict of Interest Code; and WHEREAS, California Code of Regulations Section 18730,which may beamendedby the Fair Political Practices Commission to conform to amendments in the Political Reform Act, and which containsthe terms of a StandardConflict of InterestCode,canbeadoptedby anagencyasthe agency's Conflict of Interest Code by incorporating Section 18730 by reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona, California, as follows:
SECTION 1. In compliance with Government Code Section 87300, the Council hereby adopts the attached Conflict of Interest Code ( Exhibit " A"), which incorporates by reference California Code of Regulations, Section 18730, as it is currently stated and as may beamended in the future and Pomona City Charter Section 1403 and City 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 be deemed adopted by the Housing Authority and shall immediately take effect.
SECTION 3. This Conflict of InterestCodeshall be applicable to the Governing Board, all specified positions under Government Code Section 87200 and, pursuant to Government Code Section 82019( 3), 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 passage and adoption of this Resolution, and it shall thereupon be in full force and effect.
PASSED, APPROVED AND ADOPTED this 7'
h
day of December 20}20.
CITY OF POMONA:
Tir6 Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
Sonia Carvalho R6salia A. Butte MMC
City Attorney City Clerk
1, HEREBY CERTIFY that the foregoing resolution was duly adoptedby the City Council of the City of Pomona at aregular 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. Butt
City Clerk
EXHIBIT " A"
CONFLICT OF INTEREST CODE
HOUSING AUTHORITY OF THE CITY OF POMONA
INTRODUCTORY PROVISIONS
i. The Political Reform Act, Government Code Section 81000, et seq., requires state and 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 Interest Code is in addition to Statelaws pertaining to conflicts of interest of the Housing Authority of the City of Pomona' s officers and employees and is not intended to abridge or otherwise modify such laws.
California Code of Regulations Section 18730 contains the ten- ns of a standard Conflict of InterestCode. The Fair Political PracticesCommission may amendthe standardConflict 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 adoptedby local agenciesby incorporating the standardConflict of Interest Code by reference. By doing so,the terms of California Codeof Regulations Section 18730,andanyamendmentsto it duly adoptedby the Fair Political PracticesCommission, are incorporatedby referenceinto the Housing Authority of 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 1403 and City Code Section 2-971 are also incorporated by reference into the City' s Conflict of Interest Code.
The Housing Authority of the City of Pomona Conflict 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 disclosures required for eachdisclosure category.
Changes are shown in strikeout and bold/ underline format.
The Housing Authority is the " Agency" and the Pomona City Council 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 deemedadopted by the Housing Authority and shall immediately take effect.
ii. Designatedemployeesshall 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 publicrecordssubjectto GovernmentCodeSection81008. All newlydesignatedemployees shall file aninitial Statementwithin thirty (30) daysafterthe effectivedateof the herein Code. TheannualStatementof EconomicInterestsshallbedulyfiledbynolaterthanApril I of each calendar year,
ThisConflict of InterestCodeof theHousingAuthority of theCity of Pomona, soadopted, replacesin entiretyanyHousingAuthority Conflict of InterestCodepreviouslyin 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 "
All
SPECIFIED OFFICERS AND EMPLOYEES
Government Code § 87200)
HOUSING AUTHORITY BOARD MEMBERS
AUTHORITY COUNSEL
EXECUTIVE DIRECTOR
ADDITIONAL OFFICIALS WI-10 MANAGE OR GIVE ADVICE
REGARDING PUBLIC INVESTMENTS
Government Code § 87200)
NEIGHBORHOOD SERVICES DIRECTOR
DESIGNATED EMPLOYEES
Government Code § 82019( 3))
DISCLOSURFE,
DEPARTMENT DESIGNATED EMPLOYEE CATEGORIES
NEIGHBORHOOD SERVICES
Family Self Sufficiency Coordinator II & III
Homeless Programs Supervisor 1I & III
III
HousLnjAuthorityMaiiager.__
Consultants*
Consultantsshallbeincludedin the list of designatedemployeesandshalldisclose, pursuantto thebroadestdisclosurecategoryin theCode, subjectto thefollowinglimitations:
Theexecutivedirectororexecutiveofficermaydeterminein writingthata particular consultant, although a" designated position," is hired to perform a range of dutiesthatis limitedin scopeandthusis not requiredto fully complywith the disclosurerequirementsdescribedin this section. Suchwrittendeterminationshall include a description of the consultant's duties and, basedupon that description, a statement of the extent of the disclosure requirements. The executive director' s or executive officer' s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
APPENDIX " B"
CONSULTANTS
Commission Regulation § 18700 defines " consultant" as an individual who, pursuant to a contract with a stateor local governmental agency:
A. Makes a governmental decision whether to:
1. 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 agencyto enter into, modify, or renew a contract provided it is thetypeof contract, whichrequiresagencyapproval;
V.
Grantagencyapprovalto acontractwhich requiresagencyapprovalandin which the agencyis a party or to the specifications for sucha contract; vi.
Grantagencyapprovalto aplan, design, report, study, or similaritem; vii. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof, or
B. Servesin astaffcapacitywith theagencyandin thatcapacityperformsthesameor substantiallyall thesamedutiesfor theagencythatwouldotherwisebeperformedby an individual holding a position specified in the agency' s Conflict of Interest Code.
APPENDIX " C"
DESIGNATED EMPLOYEES CATEGORIES
L This category applies to individuals that make,or participate in making, decisions that may havea material etTecton 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.
Individuals subject to thi.vcalegory need not disclose under Category 11or 111, Individuals subject to this category must disclose any of the following financial interestswithin the City and within two miles of City boundaries:
a. investments in business entities';
b. business positions held;
c. sources of income; and
d. interests in real property.
11. 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 interestsin 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.
III. This category applies to individuals that make, or participate in making, decisions that involve contracting for services including, but not limited to:
a. Professional services;
b. Vendor services;
c. Consulting services; and
d. Contractor services.
Individuals subject to this category must disclose any of the following financial interests in business entities 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 the jurisdiction of the respective board or commission and five hundred feet contiguous thereto; and b, All investments in, interest in, or income from, any business entity:
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 anytime during the two yearsprior to the date of filing the Statementsof Economic Interest.
I "Businesspositions"shaltinclude,but not belimited to, a role asadirector,officers,partner,trustee,employee,or any management position.
2" Business entities" shall include, but not be limited to, sole proprietorships, partnerships, and corporations.