CITY OF POMONA
COUNCIL REPORT
December 19, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rosalia A. Butler, City Clerk
SUBJECT: BIENNIAL REVIEW AND ADOPTION OF THE CITY’S AMENDED CONFLICT OF INTEREST CODES RECOMMENDATION:
It is recommended that the City Council adopt the following resolutions amending the Conflict of Interest Codes for the City of Pomona and Pomona Housing Authority:
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 RESOLUTION NO. 2022-234 – 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 INCORORATING CALIFORNIA CODE OF REGULATIONS SECTION 18730 – THE STANDARDIZED CONFLICT OF INTEREST CODE EXECUTIVE SUMMARY:
Government Code Section 87306.5 requires local agencies to review their Conflict of Interest Codes every even-numbered year and determine whether the Codes need to be amended. Upon completing the 2022 biennial review of the City of Pomona’s (“City”) and the Pomona Housing Authority’s (“Housing Authority”) Conflict of Interest Codes, staff has determined that each Code requires amendments to reflect changes in departmental organization and employee titles. Adoption of the attached resolutions (Attachment No.’s 1 & 2), will approve the proposed amendments to the City’s and Housing Authority’s Conflict of Interest Code. No changes are needed to the Conflict of Interest Code for the Pomona Successor Agency to the former Redevelopment Agency (“Successor Agency”).
FISCAL IMPACT:
There is no fiscal impact to this action.
DISCUSSION:
Under the Political Reform Act, all public agencies are required to adopt a Conflict-of-Interest Code. Besides the terms of the Code, a Conflict-of-Interest Code designates positions required to file Statements of Economic Interest (Form 700), and assigns disclosure categories specifying the types of interests to be reported. The Form 700 is a public document intended to alert public officials and members of the public to the types of financial interests that may create conflicts of interests.
The Political Reform Act requires every local government agency to review its Conflict-of-Interest Code biennially to determine if it is accurate and up-to-date and/or if it needs to be amended. The Code reviewing body for city agencies is the City Council; therefore, the City Council shall approve the Conflict-of-Interest Code and any amendments for the City, Housing Authority and Successor Agency.
The City Council, City Manager, City Attorney, City Treasurer, and Planning Commissioners are NOT included as “designated positions” as the disclosure obligations for these positions are set forth by Government Code Section 87200, et.seq.
Upon completing the 2022 biennial review of the City’s, Housing Authority’s, and Successor Agency’s Conflict of Interest Codes, staff has determined that Appendix A of the Conflict of Interest Codes for the City and the Housing Authority require amendments to accurately reflect organizational changes, current staffing, position title changes and corresponding disclosure levels. The attached resolutions (Attachment No.’s 1 & 2) amend the Appendices of the Conflict of Interest Codes for the City and Housing Authority. No changes are required to the Code for the Successor Agency.
By incorporating California Code of Regulations Section 18730 by reference (Attachment No. 3), the City and the Housing Authority comply with the Political Reform Act’s Conflict of Interest Code adoption requirements starting at Government Code Section 87300. In addition Pomona City Charter Section 1403 and City Code Section 2-971 contain conflict of interest provisions, which are also incorporated by reference.
The Conflict of Interest Codes each contain the following Appendices:
Appendix A, which specifies the designated officers and employee positions and the disclosure category for each; Appendix B, which sets forth required disclosure for consultants; and Appendix C, which sets forth the disclosures required for each disclosure category.
Changes are shown in strikeout and bold/underline format.
Prepared by:
_____________________________
Karla Shipman, CMC
Assistant City Clerk
ATTACHMENT(S):
Attachment No. 1 – Resolution No. 2022-233, adopting City’s Conflict of Interest Code Attachment No. 2 – Resolution No. 2022-234, adopting Pomona Housing Authority’s Conflict of Interest Code Attachment No. 3 – California Code of Regulations Section 18730 Adoption of City’s Amended Conflict of Interest Code