RESOLUTION NO. 2024-205
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 INCORPORATING
CALIFORNIA CODE OF REGULATIONS SECTION 18730 - THE
STANDARDIZED CONFLICT OF INTEREST CODE
WHEREAS, the Housing Authority of the City of Pomona was created by Resolution No. 93-114 onJune 7, 1993;
WHEREAS, the Housing Authority of the City of Pomona is a local agency, as defined by the Political Reform Act, as found in Government Code Section 81000, et seq.; WHEREAS, Government Code Section 87306.5 requires every local agency to review its Conflict of Interest Code in all even-numbered years;
WHEREAS, a Conflict of Interest Code for the Housing Authority Board and designated employees was adopted on January 23, 1995 and it was amended and a new Code was adopted on 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, December 7, 2020, and December 19, 2022. There were no changes required in 2014;
WHEREAS, since December 2022, there have been changes in employment titles and classifications for Housing Authority employees, which require an amendment to the Conflict of Interest Code;·
WHEREAS, it is appropriate and necessary for the Housing Authority of the City of Pomona to have its own and separate Conflict of Interest Code; and WHEREAS, California Code of Regulations Section 18730, which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act, and which contains the terms of a Standard Conflict of Interest Code, can be adopted by an agency as the agency's Conflict of Interest Code by incorporating Section 18730 by reference.
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 Council hereby adopts the attached Conflict of Interest Code (Exhibit "A"), which incorporates by reference California Code of Regulations, Section 18730, as it is cmTently stated and as may be amended in the future and Pomona City Charter Section 1403 and City Code Section 2-971.
Resolution No. 2024-205
December 16, 2024
ATTACHMENT NO. 2
SECTION 2. Pursuant to Government Code Section 87303, upon the City Council' s approva?of this Conflict of Interest Code, this code shall be deemed adopted by the Housing Authority- andshall immediately take effect.
SECTION 3. This Conflict of Interest Code shall be applicable to the Governing Board, all specifiedpositionsunderGovernmentCodeSection87200and, pursuantto GovernmentCode Section 82019( 3), thedesignatedpositionssetforth in Appendix "A" of the Conflict of Interest Code attached hereto as Exhibit " A."
SECTION 4. TheCity Clerk shallcertifyto 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: ATTEST:
Sonia Carvalho k7osaliaA. Buil&-, M Mc
City Attorney City Clerk
1, HEREBY CERTIFYthattheforegoingresolutionwasduty adoptedby theCity Councilof the CityOfPOM011aataregularmeetingthereofheldonDecember16, 2024, bythefollowingvoteof the Council:
AYES: Martin, Preciado, Garcia, Ontiveros-Cole, Lustro, Canales, Sandoval NOES: None
ABSTAIN: None
ABSENT: None
Rosalia A. Butler,' MMC
City Clerk
Resolution No, 2024- 205
December 16, 2024
EXHIBIT " A"
CONFLICT OF INTEREST CODE
HOUSING AUTHORITY OF THE CITY OF POMONA
INTRODUCTORY PROVISIONS
i. ThePoliticalReformAct, GovernmentCodeSection81000, etseq.,requiresstateandlocal 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 theHousingAuthority of theCity of Pomona'sofficers and employeesand is not intended to abridge or otherwise modify such laws.
California Code of Regulations Section 18730contains the terms of a standardConflict of Interest Code. The Fair Political PracticesCommission may amendthe standardConflict of InterestCodeafterpublic noticeandhearingsto conformto amendmentsin thePolitical Reform Act. The standardConflict of Interest Code can be adopted by local agenciesby incorporating the standard Conflict of Interest Code by reference. By doing so, the terms of California Code of Regulations Section 18730, and any amendmentsto it duly adopted by theFairPoliticalPracticesCommission, areincorporatedby referenceintotheHousing Authority of theCity of PomonaConflict of InterestCode.
In addition, PomonaCity CharterSection1403andPomonaCity CodeSection2-971set forth conflict of interest provisions specific to the City of Pomona. Therefore, Pomona CityCharterSection1403andCityCodeSection2-971arealsoincorporatedbyreference into the City' s Conflict of Interest Code.
The Housing Authority of the City of PomonaConflict of InterestCodecontainsthe 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 Housing Authority is the " Agency" and the Pomona City Council is the " Code ReviewingBody"withinthepurviewofthisCode. PursuanttoGovernmentCodeSection 87303, upontheCityCounciloftheCityof Pomona'sapprovalof thisConflictof Interest Code, this Codeshallbedeemedadoptedby theHousingAuthority andshallimmediately 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 Statementsshallbe availablefor public inspectionandreproduction. The Statementsare Resolution No. 2024- 205
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 Statement of Economic Interests shall be duly filed by no later than April 1of eachcalendaryear.
iii. This Conflict of Interest Codeof the Housing Authority of the City of Pomona, so adopted, replaces in entirety any Housing Authority Conflict of Interest Code previously in effect.
All teens 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.
Resolution No. 2024- 205
December 16, 2024
APPENDIX " A"
SPECIFIED OFFICERS AND EMPLOYEES
Government Code § 87200)
HOUSING AUTHORITY 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 DESIGNATED EMPLOYEE CATEGORIES
NEIGHBORHOOD SERVICES
Housing Authority Manager I
Housing Programs Supervisor II & III
Management Analyst II & III
Consultants*
Consultants shall be included in the list of designatedemployees 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 a range of duties that is limited in scopeand 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 apublic recordandshallberetainedfor public inspection in the same manner and location as this Conflict of Interest Code, Resolution No. 2024- 205
December 16, 2024
APPENDIX " B"
CONSULTANTS
Commission Regulation § 18700defines "consultant" as an individual who, pursuantto a contract with a stateor local governmental 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 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 agencyapproval; V. Grantagencyapprovalto acontractwhich requiresagencyapprovaland in whichtheagencyis apartyorto thespecificationsfor sucha contract; vi. Grantagencyapprovalto aplan, design, report, study, or similar item; vii. Adopt, or grantagencyapprovalof, policies, standards, or guidelinesfor theagency, or for anysubdivisionthereof; or
B. Servesin a staffcapacitywith theagencyandin thatcapacityperformsthesameor substantiallyall thesamedutiesfor theagencythatwould otherwisebeperformed by an individual holding a position specifiedin the agency's Conflict of Interest Code.
Resolution No. 2024- 205
December 16, 2024
APPENDIX " C"
DESIGNATED EMPLOYEES 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 categoij, neednot disclose under Categoi) 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 entitiesz;
b. businesspositions held;
c. sources of income; and
d. interests in real property.
11. 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. 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. business positions 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 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 which the person holds a businessposition; and
ii. That is either: A) within thejurisdiction 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 Statementsof Economic Interest.
t " 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.