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 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 conforin 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 positionsandconsultantswasamendedandanewCodeadoptedonFebruary3, 1986,onDecember 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, PomonaCity Charter Section 1403and PomonaCity Code Section 2-971also addressconflicts 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 necessitatesamending 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 compliancewith GovernmentCodeSection87300,the City Council hereby approvesandadoptsthe City of Pomona's Conflict of InterestCode,which incorporatesby reference California Code of Regulations Section 18730, as currently statedand as may be amendedin the future, and also incorporatesby 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 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, pursuantto 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."
SECTION4. The City Clerk shall certify to thepassageandadoption of this Resolution,and it shall thereupon be in full force and effect.
PASSED, APPROVED AND ADOPTED this 19" day of December2022. crry OF POMONA:
Tim Sandoval_
Mayor
APPROVED AS To FORM: ATTEST:
Sonia Carvalho Rosalia A. B u
I
tle MMC
City Attorney City Clerk
1, HE CERTIFY that the foregoing resolution was duly adoptedby the City Council of the Cityof Pomonaataregularmeetingthereofheldon December19,2022,bythefollowingvoteof the Council:
AYES: Nolte, Preciado, Garcia, Lustro, Ontiveros- Cole, Torres, Sandoval NOES: None
ABSTAIN: None
ABSENT: None
o0,salia A. Butler, MMC
City Clerk
EXHIBIT " A"
CONFLICT OF INTEREST CODE
CITY OF POP ONA
INTRODUCTORY PROVISIONS
1. The Political Re-form Act, Government Code Section81000, etseq.,requiresstateandlocal government agencies to adopt and promulgate conflict of interest codes. This Conflict of' InterestCode is adoptedpursuantto and in compliance with Section 87300of 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 modity 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 standardConflict of Interest Codeby reference. By doing so,the terms of' California Code of Regulations Section 18730,andanyamendmentsto it duly adoptedby the Fair Political PracticesCommission, are hereby incorporated by reference into the City of Pomona Conflict of Interest Code.
In addition, PomonaCity 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 1403andCity Code Section2-971arealsoincorporatedby referenceinto the City' s Conflict of Interest Code.
The City of PomonaConflict of Interest Code containsthe 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 eff*cct.
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 public records subject to Government Code Section 81008. All newly designated employees shall file an initial Statementwithin thirty ( 30) days after the effective date of the herein Code. ' rhe annualStatementof Economic Interestsshall beduly 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 Codeof the City of Pomonapreviously 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"
SPECIF11. 1'.D OFFICERS
Government Code § 87200)
0 MAYOR AND COUNCILMEMBERS,
a CITY MANAGER
0 CITY ATTORNEY
0 CITY TREASURER.
a FINANCE DIRECTOWCITY ' FREASURER
0 PLANNING COMMISSIONERS
ADDITIONAL OFFICIALS WHO MANAGE
PUBLIC INVESTMENTS
Government Code § 87200)
0 PUBLIC WORKS DIRECTOR
a WATER RESOURCES DIRECTOR
a INVESTMENT OVERSIGHT COMMITTEE
0 INVESTMENTADVISOR/ CONSULTANT
DESIGNATED EMPLOYEES
Government Code § 82019( 3)
DISCLOSURE
DEPARTMENT DESIGNATED EMPLOYEES CATEGORIES
ADMINISTRATION
Deputy City Manager
Senior- Admin. Assistant( to the City- Counei4) R.& ill
CITY ATTORNEY
Assistant City Attorney
Deputy City Attorney
CITY CLERK
City Clerk
Deputy City Clerk
IA,o, ( 11, Clod',
DEVELOPMENT SERVICES
Assistant Planner
Code Compliance Inspector
Code_ Corrl ance Manager ._._
ww.__
l
Cock Compliance Supervisor I
Development Services Director I
m........ m_. w_ w....._..___ ........
t: F. y:,
Planning Manager I
Senior Code Compliance Inspector I
m.
Senior Planner r...
Supervising. Planner I
FINANCE
Accounting Manager I
Accounting Supervisor II & III
r.__ w_...... __._..._...__._.
Buyer I11
w_ .._.__ m ........ ......._ _.....
Deputy Finance Director I
r
Purchasi nv, Manager._____ II & III
Revenue Operations Manager 1I & III
Revenue Operations Supervisor 11 & III
Senior PurchasingTechnician 1.1
HUMAN RESOURCES
Human Resources Analyst I/ 1I II , III
Human Resources Manager __.
m._......_
I
Human Resources/ Risk Management Director I
Risk Manager I
III--& 11-I
Erfi.
611 111
INFORMATION TECHNOLOGY
Database Administrator I
I
NEIGHBORHOOD SERVICES
Community Services Manager
Family Self Sufficiency Coordinator 11 & III
Governmental & Community Affairs Manager 11 & III
Homeless Programs Coordinator II& III
Homeless Programs Supervisor II& III
Housing Analyst II & III
Housing Authority Manager 1
Housing Grants Supervisor II & III
Housing Doan. Coordinator I
Housing Rehabilitation Specialist I
I lou sin j Services Manager
Management Analyst II & III
Neighborhood Services Director
11Recreation Supervisor...........
POLICE
Accounting Technician 11 & III
Administrative Services Manager I
Deputy Police Chief I -
Management Analyst . ...........................
I I I.............. ........................
11 & ............
Police Bldg. & Facilities Coordinator I
Police aJn.............................
Police Chief
Police Civilian Division Commander—_. I
Police Department Coordinator 11 & III
i-, 126-- Atch and jail Services Manager ff & IN
Police Lieutenant I
Police Records Manager 11 & III
PUBLIC WORKS
Associate Civil Engineer III
Associate Engineer III
1... r...................
City Engineer
Engineering Technician 11 & III
Facilities Maintenance Supervisor 11 & III
Fleet Services Manager I
Fleet Services Supervisor II& III
Management Analyst III
Parks and Facilities Manager I
Parks and Landscape Supervisor 11 & III
C
Public Services Supervisor I & 11
Public Works Director
J""""l A
Public Works Inspector 1/11 11 & 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 11 & III Environmental Compliance Supervisor 11 & 11.1
Environmental Programs Supervisor it & Ill
Management Analyst 11 & III
Production. and " J.'reatment Operations Supervisor 11 & III Senior Management Analyst I
Senior Water Resources Engineer 11 & III
Su erv s Water Resources Engineer It & III
Utility Associate Civil Engineer 11 & fill
Wastewater Collections System Crew Chief 11 & III
Water Operations Manager 11 & 111
WaterQuality S pervisor if & III
Water Resources Director
Water Resources Manager 11 & III
Water Treatment and Quality Crew Chief 11 & Ill
Water Treatment and Quality Supervisor 11 & III
BOARDS/ COMMISSIONS/,/&-', 10,,d
Community Life Commission IV
Cultural Arts Commission IV
J\'
Historic Preservation Commission IV
nd", 1 it jcI H NI H
I, ibrary Board of Trustees 11
Parking Place Commissioners ( VPD) 11 & IV
Parks & Recreation Commission IV
1V
D", qlc6
APPENDIX " B"
CONSULTANTS
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;
11 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. Servesin 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 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
I. This category applies to individuals that make, or participate in making, decisions that may have a material effect on their financial interest( s) in:
a. businessesin which the individual holds an investment or businessposition'; b. sources of income; or
c. real property.
Individuals subject to this category need not disclose under Calegoty H or 11L Individuals subject to this category must disclose any of the following financial interests within 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.
H. 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 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 businessentities which provide contract services,of the type utilized by the City:
a. investments in business entities;
b. businesspositions 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 Fivehundred 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 Statementsof Economic Interest,
I " Business positions" shall include, but not be limited to, a role as a director, offlicers, partner, trustee, employee, or any management position.
2" Business entities" shall include. but not be limited to, Sole proprietorships, partnerships, and corporations.