RESOLUTION NO. 2022-233
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, 1977; WHEREAS, Government Code Section 87306.5 requires every local agency to review its Conflict of Interest Code in all even-numbered years and 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, December 17, 2018, and December 7, 2020; 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 2020, 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 and corresponding disclosure levels for numerous positions.
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 City Council hereby approves and adopts the City of Pomona’s Conflict of Interest Code, which incorporates by reference California Code of Regulations Section 18730, as currently stated and as may be amended in the future, and also incorporates by reference Pomona City Charter Section 1403 and Pomona 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 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 passage and adoption of this Resolution, and it shall thereupon be in full force and effect.
PASSED, APPROVED AND ADOPTED this 19th day of December 2022.
CITY OF POMONA:
______________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on December 19, 2022, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rosalia A. Butler, MMC
City Clerk
EXHIBIT “A”
CONFLICT OF INTEREST CODE
CITY OF POMONA
INTRODUCTORY PROVISIONS
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 State laws pertaining to conflicts of interest 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 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 agencies by incorporating the standard Conflict of Interest Code by reference. By doing so, the terms of California Code of Regulations Section 18730, and any amendments to it duly adopted by 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 interest provisions specific to the City of Pomona. Therefore, Pomona City Charter Section 1403 and City Code Section 2-971 are also incorporated by reference into the City’s Conflict of Interest Code.
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 sets forth the disclosures required for each disclosure 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.
Designated employees shall file Statements of Economic Interests with 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. The annual Statement of Economic Interests shall be duly filed by no later than April 1 of each calendar year.
This Conflict of Interest Code of the City of Pomona, so adopted, replaces in 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
CITY MANAGER
CITY ATTORNEY
CITY TREASURER
FINANCE DIRECTOR/CITY TREASURER
PLANNING COMMISSIONERS
ADDITIONAL OFFICIALS WHO MANAGE
PUBLIC INVESTMENTS
(Government Code §87200)
PUBLIC WORKS DIRECTOR
WATER RESOURCES DIRECTOR
INVESTMENT OVERSIGHT COMMITTEE
INVESTMENT ADVISOR/CONSULTANT
DESIGNATED EMPLOYEES
(Government Code § 82019(3)
DEPARTMENT
DESIGNATED EMPLOYEES
DISCLOSURE
CATEGORIES
ADMINISTRATION
Deputy City Manager
I
Senior Admin. Assistant (to the City Council)
II & III
Executive Assistant
II & III
CITY ATTORNEY
Assistant City Attorney
I
Deputy City Attorney
I
CITY CLERK
City Clerk
I
Deputy City Clerk
I
Assistant City Clerk
I
DEVELOPMENT SERVICES
Assistant Planner
I
Associate Planner
I
Code Compliance Inspector
I
Code Compliance Manager
I
Code Compliance Supervisor
I
Development Services Director
I
Management Analyst
II & III
Planning Manager
I
Senior Code Compliance Inspector
I
Senior Planner
I
Supervising Planner
I
FINANCE
Accounting Manager
I
Accounting Supervisor
II & III
Buyer
II & III
Deputy Finance Director
I
Payroll Supervisor
II & III
Purchasing Manager
II & III
Revenue Operations Manager
II & III
Revenue Operations Supervisor
II & III
Senior Purchasing Technician
II
HUMAN RESOURCES
Human Resources Analyst I/II
II & III
Human Resources Manager
I
Human Resources/Risk Management Director
I
Risk Manager
I
Safety & Emergency Preparedness Analyst I/II
II & III
Safety and Emergency Preparedness Officer
II & III
Senior Human Resources Analyst
II & III
INFORMATION TECHNOLOGY
Database Administrator
I
Information Technology Director
I
Innovation and Technology Director
I
NEIGHBORHOOD SERVICES
Community Services Manager
I
Family Self Sufficiency Coordinator
II & III
Governmental & Community Affairs Manager
II & III
Homeless Programs Coordinator
II & III
Homeless Programs Supervisor
II & III
Housing Analyst
II & III
Housing Authority Manager
I
Housing Grants Coordinator
II & III
Housing Grants Supervisor
II & III
Housing Loan Coordinator
I
Housing Rehabilitation Specialist
I
Housing Services Manager
I
Management Analyst
II & III
Neighborhood Services Director
I
Recreation Supervisor
II
POLICE
Accounting Technician
II & III
Administrative Services Manager
I
Deputy Police Chief
I
Management Analyst
II & III
Police Bldg. & Facilities Coordinator
I
Police Captain
I
Police Chief
I
Police Civilian Division Commander
I
Police Department Coordinator
II & III
Police Dispatch and Jail Services Manager
II & III
Police Dispatch Manager
II & III
Police Jail Manager
II & III
Police Lieutenant
I
Police Records Manager
II & III
PUBLIC WORKS
Associate Civil Engineer
III
Associate Engineer
III
City Engineer
I
Engineering Technician
II & III
Facilities Maintenance Supervisor
II & III
Fleet Services Manager
I
Fleet Services Supervisor
II & III
Management Analyst
II & III
Parks and Facilities Manager
I
Parks and Landscape Supervisor
II & III
Principal Civil Engineer
II & III
Principal Traffic Engineer
II & III
Public Services Supervisor
I & II
Public Works Director
I
Public Works Fiscal & Project Manager
I
Public Works Inspector I/II
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
Environmental Compliance Supervisor
II & III
Environmental Programs Supervisor
II & III
Management Analyst
II & III
Principal Water Resources Engineer
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
Utility Associate Civil Engineer
II & III
Wastewater Collections System Crew Chief
II & III
Water Operations Manager
II & III
Water Quality Supervisor
II & III
Water Resources Director
I
Water Resources Manager
II & III
Water Treatment and Quality Crew Chief
II & III
Water Treatment and Quality Supervisor
II & III
BOARDS/COMMISSIONS/COMMITTEES
Charter Review Commission
IV
Community Life Commission
IV
Cultural Arts Commission
IV
Ethics Commission
IV
Historic Preservation Commission
IV
Independent Redistricting Commission
IV
Library Board of Trustees
II
Parking Place Commissioners (VPD)
II & IV
Parks & Recreation Commission
IV
Police Oversight Commission
IV
Youth Commission
IV
Citizens Oversight Committee
IV
Fairplex Mitigation Fund Advisory Committee
IV
Phillips Ranch Assessment District Oversight Committee
IV
APPENDIX "B"
CONSULTANTS
Commission Regulation §18701 defines "consultant" as an individual who, pursuant to a contract with a state or 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. Grant Agency approval to a contract which requires agency approval and in which the Agency is a party or to the specifications for such a contract; vi. Grant Agency approval to a plan, design, report, study, or similar item; vii. Adopt, or grant agency approval of, policies, standards, or guidelines for the Agency, or for any subdivision thereof; or B. Serves in a staff capacity with the Agency and in that capacity participates in making governmental decisions as defined in California Code of Regulations Section 18702.2 or performs the same or substantially all the same duties 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
This category applies to individuals that make, or participate in making, decisions that may have a material effect on their financial interest(s) in:
businesses in which the individual holds an investment or business position; sources of income; or
real property.
Individuals subject to this category need not disclose under Category II or III. Individuals subject to this category must disclose any of the following financial interests within the City and within two miles of City boundaries:
investments in business entities;
business positions held;
sources of income; and
interests in real property.
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 business entities which provide services, supplies, materials, machinery, equipment, or technology of the type utilized by the City:
investments in business entities;
business positions held; and
sources of income.
This category applies to individuals that make, or participate in making, decisions that involve contracting for services including, but not limited to:
Professional services;
Vendor services;
Consulting services; and
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:
investments in business entities;
business positions held; and
sources of income.
This category applies to commissioners, as applicable. Individuals subject to this category must disclose:
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 All investments in, interest in, or income from, any business entity:
In which the person holds a business position; and
That is either: A) within the jurisdiction of the respect board of commission and five hundred feet contiguous thereto; or B) conducted business within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto, at any time during the two years prior to the date of filing the Statements of Economic Interest. “Business positions” shall include, but not be limited to, a role as a director, officers, partner, trustee, employee, or any management position. “Business entities” shall include, but not be limited to, sole proprietorships, partnerships, and corporations.
ATTACHMENT NO. 1