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 OFTHE POMONA HOUSING AUTHORITY AND
DESIGNATED CITY EMPLOYEES BY INCORPORATING CALIFORNIA
CODE OF REGULATIONS SECTION 18730 - THE STANDARDIZED
CONFLICT OF INTEREST CODE
WHEREAS, theHousingAuthority of theCity of Pomonawascreatedby ResolutionNo, 93- 114 on June 7, 1993;
WHEREAS,, theHousingAuthority of theCity of Pomonais a localagency, asdefinedby thePolitical ReformAct, asfoundin GovernmentCodeSection81000, etseq.; WHEREAS, Government Code Section 87306.5 requires every local agencyto review its Conflict of InterestCodein all even-numberedyears;
WHEREAS, a Conflict of InterestCodefor theHousingAuthority Boardanddesignated employeeswas adoptedon January23, 1995 and it was amendedand a new Code wasadoptedon 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, December 17, 2018, and December 7, 2020. There were no changes required in 2014;
WHEREAS, since December 2020, there have been changes in employment titles and classifications for Housing Authority employees, which require an amendmentto the Conflict of Interest Code;
WHEREAS, it is appropriateand necessaryfor theHousingAuthority of theCity ot'Pomona to have its own and separate Conflict of Interest Code; and WHEREAS, CaliforniaCodeof RegulationsSection18730, whichmaybeamendedby the Fair Political Practices Commission to conform to amendments in the Political Reform Act, and which containsthetermsof aStandardConflict of InterestCode,canbeadoptedby anagencyasthe agency's Conflict of InterestCodeby incorporatingSection18730by reference.
NOW, THEREFORE, BE IT RESOLVED by theCity Councilof theCity of`Pomona, California, as follows:
SECTION 1. In compliancewith GovernmentCodeSection87300, the Councilhereby adopts the attached Conflict of Interest Code ( Exhibit " A"), which incorporates by reference CaliforniaCodeof Regulations, Section18730, asit iscurrentlystatedandasmaybeamendedin the futureandPomonaCity CharterSection1403andCity CodeSection2-971.
SECTION 2. Pursuantto GovernmentCodeSection87303, upon the City Council's approvalof this Conflict of InterestCode, this codeshall be deemedadoptedby 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 designatedpositions set forth in Appendix" A" of theConflict of InterestCode 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 efrect.
PASSED,APPROVED AND ADOPTED this I 91hdayof December2022.
CITY OF POMONA:
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
Sonia Carvalho osalia A. Butler, mmc
City Attorney City Clerk
1, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomonaat a regular meeting thereof held on December 19,2022,by thefollowing vote of the Council:
AYES: Nolte, Preciado, Garcia, Lustro, Ontiveros- Cole, Torres, Sandoval NOES: None
ABSTAIN: None
ABSENT: None
kosaliaA. Butlek MMC
City Clerk
Statements shall be available for public inspection and reproduction. The Statements are public recordssubjectto Government Code Section 81008. All newly designatedemployees shall. file an initial Statementwithin thirty ( 30) days after the effective date of the herein Code. The annual Statementof Economic Interestsshall beduly filed by no later thanApril I of each calendar year.
this Conflict of Interest Codeof the Housing Authority of theCity of Pomona, soadopted, replacesin entirety any Housing Authority Conflict of InterestCodepreviously 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 AND EMPLOYEES
Government Code § 87200)
HOUSING AUTI IORITY BOARD MEMBERS
AUTHORITY COUNSEL
EXECUTIVE DIRECTOR
ADDITIONAL OFFICIALS WHO MANAGE OR GIVE ADVICE
REGARDING PUBLIC INVESTMENTS
Government Code § 87200)
NEIGHBORHOOD SERVICES DIRECTOR
DESIGNATED EMPLOYEES
Government Code § 82019( 3))
DISCLOSURE
DEPARTMENT DESIG' NATED EMPLOYEE CATEGORIES
NEIGHBORHOOD SERVICES
Family Self Suffleieney- Go" Jinatof P & III
Homeless Programs H & III
Pomeless Programs Geefdinatef
Housing Authority Manager
J.......................
Consultants*
Consultants shall be included in the list of designated employees and shall disclose, pursuant to the broadestdisclosure category in the Code, subject to the following limitations:
The executive director or executive officer may determine in writing that a particular consultant, although a" designated position," is hired to perform arangeof duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall. include a description of the consultant' s duties and, based upon that description, a statement of the extent of the disclosure requirements. The executive director' s or executiveofficer's determinationis a public recordandshall beretainedfor 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:
i. Approve a rate, ruie 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 the type of contract, which requires agency approval; V. Grant agencyapproval to a contract which requires agencyapproval and in which the agency is a party or to the specifications for sucha contract; vi. Grant agencyapproval to a plan, design, report, study, or similar item; vii. Adopt, or grantagencyapprovalof, policies, standards, or guidelinesfor the agency, or for any subdivision thereof, or
B. Servesin a staff capacity with the agencyand in that capacity performs the sameor substantially all the sameduties for theagencythat would otherwisebeperformedby an individual holding a position specified in the agency' s Conflict of Interest Code.
APPENDIX " C"
DESIGNATED EMPLOYEES CA, rEGORIES
L This category applies to individuals that make, or participate in making, decisions thatmay havea material effect on 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 this category need not disclose under Category 11or 1/1. Individuals subject to this category mustdiscloseanyof the following financialinterestswithin theCity andwithin two milesof City boundaries:
a. investments in business entities';
b. businesspositions held;
c. sources of income; and
d. interests in real property.
It. This categoryappliesto individualsthat make, or participatein making, decisionsthat involvethepurchaseof services, Supplies, materials, machinery or equipment.
Individuals subject to this category must disclose any of the following financial interestsin businessentities which provideservices, supplies,materials,machinery, equipment, or technologyof thetypeutilizedby theCity:
a. investments in business entities-,
b. business positions field-,and
c. sources of income.
III. This categoryappliesto individualsthat make, or participatein making, decisionsthat involvecontractingfor services including, but not limited to:
a. Professional services-,
b. Vendor services;
c. Consulting services-,and
d. Contractor services.
Individualssubjectto thiscategorymustdiscloseanyofthe following financialinterestsin businessentitieswhich 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 investmentsin, interestin, or incomefrom, realpropertylocatedwithin thejurisdiction of therespective 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 businessposition; and ii. That is either: A) within thejurisdiction of the respectboardof commissionandfive hundredfeet 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 the two yearsprior to the date of filing the Statementsof Econornic Interest.
I " Business positions" shall include, but not be limited to, a role as a director, officers, partner, trustee, employee, or any management position.
2" Business entities" shall include, but not be limited to, sole proprietorships,, partnerships, and corporations.