RESOLUTION NO. 2024- 204
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 97306.5 requires every local agencyto review its Conflict of Interest Code in all even-numberedyearsand 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 amendedby the Fair Political Practices Commission to conform to amendments in the.Political Reform Act, and which maybeadoptedby anagencyastheagency's Conflict of InterestCodeby incorporatingSection 18730by 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 December7, 1992, on January23, 1995, December16, 1996, on November16, 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, December 7, 2020, and December 19, 2022;
WHEREAS, Pomona City Charter Section 1403 and Pomona City Code Section 2-971 alsoaddressconflicts of interest specific to the City of Pomona; and WHEREAS, since December 2022, there have been numerous changes in the City organization and employment classifications, which necessitatesamending Appendix " A" of the City'sConflict of InterestCodeby updatingpositiontitles andcorrespondingdisclosurelevelsfor numerous positions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona, California, as follows:
SECTION 1. In compliancewith GovernmentCode Section87300, the City Council herebyapprovesandadoptsthe City of Pomona's Conflict of InterestCode, which incorporates by referenceCalifornia Codeof RegulationsSection18730, as currently statedandasmay be amendedin thefuture, andalsoincorporatesby referencePomonaCity CharterSection1403and PomonaCity Code Section 2-971.
Resolution No. 2024- 204
December 16, 2024
ATTACHMENT NO. 1
SECTION 2. Pursuant to Government Code Section 87303, upon the City Council' s approval of this Conflict of Interest Code,this codeshall bedeemedadoptedby 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 Governn'lent Code Section 82019( 3), to the designatedpositionssetforth in Appendix "A" of the Conflict of Interest Code, attached hereto as Exhibit " A."
SECTION 4. TheCity Clerk shallcertify to thepassageandadoptionof this Resolution, and it shall thereupon be in full force and effect.
PASSED,APPROVEDAND,ADOPTED this 160'dayof December2024.
CITY OF POMONA:
Tim Sandoval
Mayor
APPROVED AS TO FORM: AITEST:
Sonia Carvalho Rosalia A. Butler, MC
City Attorney City Clerk
1, HEREBYCERTIFYthattheforegoingresolutionwasdulyadoptedby theCityCouncilof the CityofPomonaataregularmeetingthereofheldonDecember16, 2024, bythefollowingvoteof the Council:
AYES: Martin, Preciado, Garcia, Ontiveros- Cole, Lustro, Canales, Sandoval NOES: None
ABSTAIN: None
ABSENT: None
Rosalia A. Butler, MC
City Clerk
Resolution No. 2024- 204
December 16, 2024
EXHIBIT " A"
CONFLICT OF INTEREST CODE
CITY OF POMONA
INTRODUCTORY PROVISIONS
i. The Political Reform Act, Government CodeSection 81000, et seq.,requires stateand local government agencies to adopt and promulgate conflict of interest codes. This Conflict of Interest Code is adoptedpursuantto and in compliancewith Section 87300 of the California Government Code. This Conflict of Interest Code is in addition to State laws pertainingto conflictsof interestof the City of Pomona's officers andemployeesandis not intendedto 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 PracticesCommission may amend the standardConflict of InterestCodeafterpublic noticeandhearingsto conformto amendmentsin thePolitical Reform Act. The standardConflict of Interest Code can be adoptedby local agenciesby incorporating the standard Conflict of Interest Code by reference. By doing so, the terms of CaliforniaCodeof RegulationsSection18730, andanyamendmentsto it duly adopted by the Fair Political PracticesCommission, areherebyincorporatedby referenceinto the City of PomonaConflict of Interest Code.
In addition, PomonaCity CharterSection1403andPomonaCity CodeSection2-971set forth conflict of interest provisions specific to the City of Pomona. Therefore, Pomona City CharterSection1403andCity CodeSection2-971arealsoincorporatedby reference into the City' s Conflict of Interest Code.
The City of PomonaConflict of Interest Code contains the following Appendices:
Appendix A, which specifies the designatedofficers 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 Pomonais the "Agency" andthe City Council of the City of Pomonais the CodeReviewingBody" within thepurviewof this Code. Pursuantto GovernmentCode Section87303, upontheCity Councilof theCity of Pomona'sapprovalof this Conflict of Interest Code, this Code shall be deemedadoptedby the City of Pomonaand 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 Resolution No. 2024- 204
December 16, 2024
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. The annual Statementof Economic Interests shall be duly filed by no later than April 1 of eachcalendaryear.
iii. This Conflict of Interest Code of the City of Pomona, so adopted, replacesin 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.
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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
DISCLOSURE
DEPARTMENT DESIGNATED EMPLOYEES CATEGORIES
ADMINISTRATION
Assistant Ci Mana er I
Assistant to the City Mana er I
I
Economic Development Director I
Executive Assistant II& III
Office of Violence Prevention Mana er I
Office of Violence Prevention Senior Analyst I
CITY ATTORNEY
Assistant City Attorney I
Deputy City AttorneyI
CITY CLERK
Assistant City Clerk I
City Clerk I
Deputy City Clerk I
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Records Mana ement S ecialist I
COMMUNITY SERVICES
CommunitX Services Mana er I
Mann ementAndy— A III
Recreation Su ervisor II & III
DEVELOPMENT SERVICES
Assistant Planner I
Associate Planner I
Building Ins ector I/ II I
Building Official I
Code Compliance Inspector I
Code Compliance Manager I
Code Compliance Supervisor I
Deputy Building Official I
Deputy Development Services Director I
Development Services Director I
Management Analyst II & III
Planning Manager I
Senior Building Inspector I
I
Senior Planner I
Supervising Planner I
FINANCE
Accounting Manager I
Accounting Supervisor II & III
Buyer H & III
Budget Officer II & III
Deputy Finance Director I
Payroll Supervisor II & IH
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
Risk Mana ement Claims Analyst II & III
Safety and Emergency Preparedness Officer II & III
Senior Human Resources Analyst II & III
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INFORMATION TECHNOLOGY
Database Administrator I
Di ital Ex erience Mana er II & III
Innovation and Technology Director I
Mana ement Anal st II & III
Senior Business S stems Anal st II& III
Senior Systems Analyst II & III
NEIGHBORHOOD SERVICES
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 Programs Supervisor II & III
Housing Rehabilitation Specialist I
Housing Services Manager I
Housing Stabilization Mana er I
Immigration Research Coordinator II & III
Management Analyst II & III
Neighborhood Services Director I
Rent Stabilization Coordinator II & III
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 Manager II & III
Police . Tail Manager II & III
Police Lieutenant I
Police Records Manager II & III
PUBLIC WORKS
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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 Anal st 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/ 11 II & III
Senior Civil Engineer II & III
Senior Management Analyst I
Streets and Solid Waste Services Manager I
WATER RESOURCES
H-&- 414
Environmental Com Iiance 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
rr
Utility Associate Civil Engineer II & III
Wastewater System Supervisor II & III
Wastewater Collections System Crew Chief II & III
Water Operations Manager II & III
Water Crew Chief II & III
Water Distribution Supervisor II & III
Water Production Supervisor II & III
Water Quality Supervisor II & III
Water Quality Crew Chief II & III
Water Resources Director I
Water Treatment Crew Chief II & III
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Water Treatment 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
Faii lex Mitigation Fund Advisory Committee IV
Phillips Ranch Assessment District Oversight IV
Committee
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APPENDIX " B"
CONSULTANTS
Commission Regulation § 18701defines "consultant" as an individual who, pursuant to a contract with a stateor local government agency:
A. Makes a governmentaldecision whether to:
i. Approve a rate, rule or regulation;
ii. Adopt or enforce a law;
iii. Issue, deny, suspend, or revokeanypermit, license, application, certificate, approval, order or similar authorization or entitlement; iv. AuthorizetheAgencyto enterinto, modify, or renewa contractprovidedit is the type of contract which requires Agency approval;
V. GrantAgencyapprovalto a contractwhich requiresagencyapprovalandin whichtheAgencyis a partyor to thespecificationsfor sucha contract; vi. GrantAgencyapprovalto aplan, design, report, study, or similar item; vii. Adopt, or grant agencyapprovalof, policies, standards, or guidelinesfor the Agency, or for any subdivision thereof; or
B. Servesin a staffcapacitywith theAgencyandin thatcapacityparticipatesin making governmentaldecisionsasdefinedin CaliforniaCodeof RegulationsSection18702.2 or performsthesameorsubstantiallyall thesamedutiesfortheAgencythatwouldotherwisebe performedby anindividualholdinga positionspecifiedin theAgency'sConflict of Interest Code.
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December 16, 2024
APPENDIX" C"
DESIGNATED EMPLOYEE CATEGORIES
1. Thiscategoryappliesto individualsthatmake,or participatein making,decisionsthatmayhavea materialeffect on their financial interest( s) in:
a. businessesin whichtheindividualholdsaninvestmentor businessposition; b. sources of income; or
c. real property.
Individuals subject to this category neednot 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:
a. investments in business entities2;
b. businesspositions held;
c. sources of income; and
d. interests in real property.
IL This categoryappliesto individualsthatmake, or participatein making, decisionsthat involve the purchaseof services, supplies, materials, machinery or equipment.
Individuals subject to this category must disclose any of the following financial interests in businessentities which provideservices, supplies,materials,machinery, equipment, or technologyof thetypeutilizedby theCity:
a. investments in business entities;
b. businesspositions 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 interestsin 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. Thiscategoryappliesto commissioners,asapplicable. Individualssubjectto thiscategorymustdisclose:
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 businessentity:
L In whichthepersonholdsa businessposition;and
ii. That is either: A) within thejurisdiction of therespectboardof commissionandfive hundredfeet 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.
l `Businesspositions"shallinclude,butnotbelimited to, arole asadirector,officers,partner,trustee,employee,or any management position.
2` Business entities" shall include, but not be limited to, sole proprietorships, partnerships, and corporations.
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December 16, 2024