1 of 11
November 19, 2024, Item #3
DATE:
TO:
FROM:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
November 19, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk Jr
(858) 668-4535 or [email protected]
Resolution Amending the City's Local Conflict of Interest Code
CITY COUNCIL
The Political Reform Act requires every local government agency to adopt and promulgate a Local Conflict of Interest Code to provide for the filing of Statement of Economic Interests Form 700 by designated employees of the City. In accordance with Government Code section 87306.5, at the June 4, 2024 City Council meeting, Council directed staff to review the City's Conflict of Interest Code for possible amendments to reflect any added, changed or deleted positions since the last Local Conflict of Interest Code was adopted on November 15, 2022. The attached Resolution amends Exhibit A of the City's Conflict of Interest Code to address personnel changes.
Recommended Action:
It is recommended the City Council adopt the Resolution amending the City's Conflict of Interest Code in accordance with Government Code Sections 87300 through 87314.
Discussion:
The City's Local Conflict of Interest Code (Code) adopts the standardized Fair Political Practices Commission's (FPPC) Conflict of Interest Code and any future amendments promulgated by the California Code of Regulations, Title 2, Section 18730. The Code designates positions required to file a Statement of Economic Interests, also known as Form 700, and assigns disclosure categories to those positions specifying the types of interests to be reported to help determine if any disqualifications exist in making or participating in making decisions on behalf of the City which may have an influence on their financial interests.
The Political Reform Act requires local government agencies to review its Local Conflict of Interest Code every even-numbered year to ensure it is accurate and current. In accordance with Government Code section 87306.5, at the June 4, 2024 City Council meeting, Council directed staff to review the City's Conflict of Interest Code for possible amendments to reflect any added, changed or deleted positions since the last Conflict of Interest Code adoption. 2 of 11
November 19, 2024, Item #3
City staff reviewed the City's current Conflict of Interest Code and determined the list of designated positions must be updated. Exhibit A of the attached resolution represents the list of "designated employees" required to file Statement of Economic Interests Form 700. The proposed amendments reflect changes to position titles, positions that no longer exist, and the addition of new positions meeting the definition of a "designated employee" since the adoption of the last Local Conflict of Interest Code on November 15, 2022. The Political Reform Act defines a "designated employee" as an officer, employee or consultant whose position entails the making or participating in the making of governmental decisions that may foreseeably have a material effect on any financial interest. Exhibit B of the attached resolution defines the various categories offinancial interests that must be disclosed and are assigned to a particular "designated employee" based upon their respective job duties. There are no proposed changes to these categories. The revised exhibits make up the appendix to the City's Local Conflict of Interest Code and must be adopted by resolution by the code reviewing body. The City Council serves as the code reviewing body for the City of Poway's Local Conflict of Interest Code.
A strike-out version of the updated Conflict of Interest Code is provided for review as Attachment B.
It should be noted that positions listed in Government Code Section 87200 (i.e. Mayor, City Councilmembers, City Manager, City Attorney and City Treasurer) are not considered "designated employees." These positions are identified and required to file Form 700 pursuant to Government Code Sections 87200 through 87210 with the Fair Political Practices Commission.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Resolution
B. Strikeout version of Conflict of Interest Code
Reviewed/Approved By:
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
3 of 11
November 19, 2024, Item #3
RESOLUTION
NO
. 24-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
ADOPTING
AN
AMENDED
CONFLICT
OF
INTEREST
CODE
UPDATING
DESIGNATED EMPLOYEES
AND
OFFICERS
AND
REPEALING
RESOLUTION
NO.
22-083
WHEREAS,
the
Political
Reform
Act
(Government
Code
section
81000,
et
seq.)
requires
state
and
local
government
agencies
to
adopt
and
promulgate
conflict
of
interest
codes
designating
employees
and
what
financial
interests
must
be
disclosed
by
those
employees,
and
prohibiting
the
participation
by
such
employees
in
decisions
in
which
they
have
a
financial
interest;
WHEREAS
,
the
Fair
Political
Practices
Commission
has
adopted
a
regulation
(2
California
Code
of
Regulations
Section
18730)
that
contains
the
terms
of
a
standard
conflict
of
interest
code,
which
can
be
incorporated
by
reference
in
an
agency's
code.
After
public
notice
and
hearing,
the
standard
code
may
be
amended
by
the
Fair
Political
Practices
Commission
to
conform
to
amendments
in
the
Political
Reform
Act;
WHEREAS,
the
City
Council
has
heretofore
adopted,
as
the
Conflict
of
Interest
Code
of
the
City
of
Poway
(the
"City
Code"),
the
model
conflict
of
interest
code
set
forth
in
California
Code
of
Regulations
Section
18730
and
any
amendments
to
it duly
adopted
by
the
Fair
Political
Practices
Commission;
WHEREAS,
the
Appendix
to
the
City
Code
attached
hereto
as
"Exhibit
A"
(in
which
officials
and
employees
are
designated)
and
"Exhibit
B"
(in
which
disclosure
categories
are
set
forth),
which
may
be
modified
by
City
Council
from
time
to
time,
and
all
of
which
together
does
constitute
the
Conflict
of
Interest
Code
for
the
City
of
Poway;
WHEREAS,
individuals
holding
designated
positions
shall
file
their
statements
of
economic
interests
with
the
City
Clerk,
which
will
make
the
statements
available
for
public
inspection
and
reproduction
(Gov.
Code
Sec.
81008).
Upon
receipt
offiling
from
the
Fair
Political
Practices
Commission,
the
City
Clerk
shall
retain
copies
for
the
Mayor,
Councilmembers,
City
Manager,
City
Treasurer
and
the
City
Attorney.
All
other statements
will
be
retained
by
the
City
Clerk.
•
WHEREAS,
the
City
Council
has
designated
those
positions
that
are
subject
to
the
reporting
requirements
of
the
Code;
WHEREAS,
the
Political
Reform
Act
requires
the
City
to
review
its
Conflict
of
Interest
Code
biennially
to
determine
if it
is
accurate
or,
alternatively
that
the
code
must
be
amended;
and
WHEREAS,
it
is
necessary
to
amend
the
City's
Conflict
of
Interest
Code
to
reflect
the
deletion
and
addition
of
certain
City
positions
.
NOW,
THEREFORE,
BE
IT
HEREBY
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows
:
SECTION
1: That
the
above
recitals
are
true
and
correct.
ATTACHMENT
A
4 of 11
November 19, 2024, Item #3
Resolution No. 24-
SECTION 2: That the standard FPPC Conflict of Interest Code, as set forth in Title 2 California Code of Regulations Section 18730, and as may be amended from time to time by the Fair Political Practices Commission, is incorporated by reference and constitutes the Conflict of Interest Code for the City of Poway.
SECTION 3: That the list of designated positions subject to the requirements of the Conflict of Interest Code are amended as set forth in "Exhibit A" and their respective disclosure categories are set forth in "Exhibit B".
SECTION 4: That the City of Poway has conducted the 2024 Biennial review of its Conflict of Interest Code, as required by the Political Reform Act, and as a result of the biennial review determined the need for an amended Conflict of Interest Code as presented in this Resolution.
SECTION 5: That Resolution No. 22-083 is hereby repealed.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of November, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 11
November 19, 2024, Item #3
EXHIBIT
A
Resolution
No.
24-
Page
3 APPENDIX
TO
THE
CITY
OF
POWAY
CONFLICT
OF
INTEREST
CODE:
DESIGNATED
POSITIONS
City
Employees
Position/Title
Disclosure
Category
Accountant
1,
2 Assistant
City
Manager
1,
2 Assistant
Director
of
Finance
Operations
1,
2 Assistant
Director
of
Public
Works
-
Operations
1,
2 Assistant
Director
of
Public
Works
-
Utilities
1,
2 Assistant
Engineer
2,3,4,
5 Assistant
Planner
2,3,4,
5 Associate
Civil
Engineer
2,
3,
4,
5 Associate
Planner
2,3,4,
5 City
Clerk
1,
2 City
Enqineer
1,2
City
Planner
2,3,4,
5 Code
Compliance
Officer
2,3,4,
5 Community
Outreach
Coordinator
2,3,4,
6 Construction
Maintenance
Supervisor
2,3,4,
6 Contract
Specialist/Inspector
2,3,4,
6 Customer
Services
Specialist
2,3,4,
6 Deputy
City
Attorney
1,
2 Deputy
City
Clerk
1,
2 Deputy
Fire
Chief
2,3,4,
5 Deputy
Fire
Marshal
2,3,4,
5 Director
of
Community
Services
1,
2 Director
of
Development
Services
1,
2 Director
of
Finance
/ Treasurer
Unlimited
Disclosure
Director
of
Human
Resources
&
Risk
Management
1,
2 Director
of
Public
Works
1,
2 Facilities
Maintenance
and
Special
Districts
Supervisor
2,3,
4,
6 Finance
Manager
1,
2 Fire
Battalion
Chief
2,3,4,
5 Fire
Chief
1,
2 Fire
Inspector
2,3,4,
5 Fleet
Maintenance
Supervisor
3,6
GIS
Analyst
4,6
Information
Technology
Analyst
3,4,6
Management
Analyst
2,3,
4,6
Management
Assistant
2,3,
4,
6 Network
and
Computer
Systems
Administrator
3,
4,6
Network &
Computer
Systems
Analyst
3,
4,6
Parks
Maintenance
Supervisor
4,6
6 of 11
November 19, 2024, Item #3
City
Employees
Position/Title
Parks
and
Trails
Area
Manager
Principal
Civil
Engineer
Principal
Civil
Engineer
-
Utilities
Public
Works
Operations
Manager
Recreation
Area
Manager
Revenue
and
Operations
Manager
Revenue
and
Operations
Supervisor
SCADA,
Electrical,
Instrumentation,
and
Controls
Supervisor
Senior
Accountant
Senior
Accounting
Technician
Senior
Civil
Engineer
Senior
Code
Compliance
Officer
Senior
Fire
Inspector
Senior
Human
Resources
Analyst
Senior
Management
Analyst
Senior
Planner
Special
Projects
Engineer
Utilities
Administrator
Utility
Systems
Supervisor
Warehouse
Associate
Wastewater
Utilities
Supervisor
Water
Treatment
Plant
Manager
Water
Utilities
Distribution
Supervisor
Boards,
Committees,
&
Commissions
Budget
Review
Committee
Parks
&
Recreation
Advisory
Committee
*Poway
Housing
Authority
*Public
Financing
Authority
*Successor
Agency
to
the
Poway
Redevelopment
Agency
Resolution
No
. 24-
Page
4 Disclosure
Category 2,3,4,
6 2,3,4,
5 2,3,4,
5 2,3,4,
6 2,3,4,
6 2,
3 ,4,
6 2,3,4,6 2,3,4,
6 1,
2 1,
2 2,3,4,
5 2,3,4,
5 2,3,4,
5 2,3,4,
6 2,3,4,
6 2,3,4,
5 2,3,4,
5 2,3,4,
6 2,3,4,
6 3,
5 2,3,4,
6 2,3,4,
6 2,3,4,6
Disclosure
Category
1,
2 1,
2 Unlimited
disclosure
Unlimited
disclosure
Unlimited
disclosure
Mayor
and
Counci/members
hold
the
positions
on
the
Authorities
and
Agency
marked
by
*
Consultants Consultants
shall
be
included
in
the
list
of
designated
employees
and
shall
disclose
pursuant
to
the
broadest
disclosure
category
in
this
Code
subject
to
the
following
limitation:
The
City
Manager
or
his
or
her
designee,
may
determine
in
writing
that
a
particular
consultant,
although
a
"designated
position,"
is
hired
to
perform
a
range
of
duties
that
are
limited
in
scope
and
thus
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
disclosure
requirements.
The
City
Manager's
determination
is
a
public
record
and
shall
be
retained
for
public
inspection
in
the
same
manner
and
location
as
the
Conflict
of
Interest
Code.
7 of 11
November 19, 2024, Item #3
Statutory
Filers;
Officials
Who
Manage
Public
Investments
Resolution
No
. 24-
Page
5 It
has been
determined
that
the
positions
listed
below
are
either
officials
specifically
required
to
file
statements
of
economic
interests
or
are
officials
who
manage
public
investments,
as
that
term
is
defined
in
2 California
Code
of
Regulations,
Section
18701
(b).
These
officials
will
file
a
Statement
of
Economic
Interests
(Form
700,
all
schedules)
without
any
limitation
as
to
disclosure
categories
(GC
§
87200
et
seq.):
General
Provisions
Mayor Members
of
the
City
Council
City
Manager
City
Attorney
City
Treasurer
All
designated
employees
required
to
submit
an
initial
Statement
of
Financial
Interest
shall
file
the
original
with
the
City
Clerk
within
thirty
(30)
days
after
the
effective
date
of
this
Resolution.
Initial
statements
shall
cover
the
period
of
the
twelve
(12)
months
prior
to
the
date
of
the
adoption
of
this
Conflict
of
Interest
Code
.
All
individuals
appointed,
promoted,
or
transferred
to
a
designated
position
shall
file
statements
within
thirty
(30)
days
of
assuming
office.
These
"assuming
office"
statements
cover
the
period
of
the
twelve
(12)
months
prior
to
the
date
of
assuming
office.
Annual
statements
shall
be
filed
with
the
City
Clerk
by
April
1 of
each
year
by
all
designated
employees.
Such
statements
shall
cover
the
period
of
the
preceding
calendar
year.
Every
designated
employee
who
leaves
office
shall
file,
within
thirty
(30)
days
of
leaving
office,
a
statement
disclosing
financial
interests
held
or
received
at
any
time
during
the
period
between
the
closing
date
of
the
last
statement
required
to
be
filed
and
the
date
of
leaving
office.
Any
employee
serving
in
dual
roles
may
file
a
combined
statement
by
reporting
according
to
their
broadest
range
of
disclosure.
Failure
to
file
the
required
statement
in
a
timely
fashion
may
result
in
the
imposition
of
administrative,
criminal,
and
civil
sanctions
as
provided
in
Government
Code
sections
81000-
91014.
8 of 11
November 19, 2024, Item #3
EXHIBIT
B
Resolution
No.
24-
Page
6 When
a designated
employee
is
required
to
disclose
investments,
business
positions
and
sources
of
income,
he
or
she
need
only
disclose
investments
in
business
entities
and
sources
of
income,
which
do
business
in
the
jurisdiction,
plan
to
do
business
in
the
jurisdiction
or
have
done
business
in
the
jurisdiction
within
the
past
two
years.
In
addition
to
other
activities,
a
business
entity
is
doing
business
within
the
jurisdiction
if
it
owns
real
property
within
the
jurisdiction.
When
a
designated
employee
is
required
to
disclose
interests
in
real
property,
he
or
she
need
only
disclose
real
property
other
than
his
principal
residence,
which
is
located
in
whole
or
in
part
within
or
not
more
than
two
miles
outside
the
boundaries
of
the
jurisdiction
or
within
two
miles
of
any
land
owned
or
used
by
the
local
government
agency.
Designated
employees
shall
disclose
their
financial
interests
pursuant
to
the
appropriate
disclosure
category
as
indicated
in
Exhibit
"A".
DISCLOSURE
CATEGORIES
1. All
investments,
business
positions
and
sources
of
income
including
gifts
, loans
and
travel
payments
.
2. All
interests
in
real
property
within
the
jurisdiction
of
the
City.
3. All
investments,
business
positions
and
sources
of
income
including
gifts,
loans
and
travel
payments
subject
to
the
regulatory,
permit
or
licensing
authority
of
the
Designated
Employee's
department,
unit
or
division.
4. All
investments,
business
positions
and
sources
of
income
including
gifts,
loans
and
travel
payments
that
are
engaged
in
land
development,
construction
or
the
acquisition
or
sale
of
real
property
within
the
jurisdiction
of
the
City
.
5. All
investments,
business
positions
and
sources
of
income
including
gifts,
loans
and
travel
payments
that
provide
services,
supplies,
materials,
machinery,
vehicles
or
equipment
of
a type
purchased
or
leased
by
the
City.
6. All
investments,
business
positions
and
sources
of
income
including
gifts,
loans
and
travel
payments
that
provide
services,
supplies,
materials,
machinery
or
equipment
of
a
type
purchased
or
leased
by
the
Designated
Employee's
department
, unit
or
division
.
9 of 11
November 19, 2024, Item #3
APPENDIX
TO
THE
CITY
OF
POWAY
CONFLICT
OF
INTEREST
CODE:
DESIGNATED
POSITIONS
City
Employees
Position/Title
Disclosure
Category
Accountant
1,
2 Assistant
City
Manager
1,
2 Assistant
Director
of
Finance
Operations
1,2
Assistant
Director
of
Public
Works
-
Operations
1,2
Assistant
Director
of
Public
Works
-
Utilities
1,
2 Assistant
Engineer
2,3,4,
5 Assistant
Planner
2,3,4,
5 Associate
Civil
Engineer
2,3,4,
5 Associate Planner
2,3,4,
5 City
Clerk
1,
2 City
Engineer
1,
2 City
Planner
2,3,4,
5 Code
Compliance
Officer
2,3,4,
5 Community
Outreach
Coordinator
2,3,4,
6 Construction
Maintenance
Supervisor
2,3,4,
6 Contract
Specialist/Inspector
2,3,4,
6 Customer
Services
Specialist
2,3,4,
6 Deputy
City
Attorney
1,
2 Deputy
City
Clerk
1,
2 Deputy
Fire
Chief
2,3,4,
5 Deputy
Fire
Marshal
2,3,4,
5 Director
of
Community
Services
1,
2 Director
of
Development
Services
1,
2 Director
of
Finance
/ Treasurer
Unlimited
Disclosure
Director
of
Human
Resources
&
Risk
Management
1,
2 Director
of
Public Works
1,
2 Facilities
Maintenance
and
Special
Districts
Supervisor
2,3,4,
6 Finance
Manager
1,
2 Fire
Battalion
Chief
2,3,4,
5 Fire
Chief
1,
2 Fire
Safety
Inspector
2,3,4,
5 Fleet
Maintenance
Supervisor
3,
6 GIS
Analyst
4,
6 Information
Technology
Analyst
3,
4,
6 Management
Analyst
2,3,
4,
6 Management
Assistant
2,3,4,
6 Network
and
Computer
Systems
Administrator
3,4,6
Network
&
Computer
Systems
Analyst
3,
4,
6 Parks
Maintenance
Supervisor
4,
6 ATTACHMENT
B
10 of 11
November 19, 2024, Item #3
City
Employees
Position/Title
Disclosure
Category
Parks
and
Trails
Area
Manager
2,3,4, 6
Principal
Civil
Engineer
2, 3,
4,
5 Principal
Civil
Engineer
-
Utilities
2,
3,
4,
5 Public
Works
Operations
Manager
2,3
,4,6
Recreation
Area
Manager
2,3,4,6
Revenue
and
Operations
Manager
2,
3 ,4,
6 Revenue
and
Operations
Supervisor
2,3,4,
6 SCADA
, Electrical
, Instrumentation
, and
Controls
Supervisor
2,3,4, 6
Senior
Accountant
1,2
Senior
Accounting
Technician
1,
2 Senior
Civil
Engineer
2,3
,4,
5 Senior
Code
Compliance
Officer
2,3
,4,
5 Senior
Fire
Safety
Inspector
2,3,4,
5 Senior
Human
Resources
Analyst
2,3,4,
6 Senior
Management
Analyst
2,3,4
, 6
Senior
Planner
2,3,4,
5 Special
Projects
Engineer
2,3,4
, 5
Utilities
Administrator
2,3
,4,6
Utility
Systems
Supervisor
2,3,4
,6
Warehouse
Associate
3,
5 Wastewater
Utilities
Supervisor
2,3,4,
6 Water
Treatment
Plant
Manager
2,3,4,6
Water
Utilities
Distribution
Supervisor
2,3
,4,
6 Boards,
Committees,
&
Commissions
Disclosure
Category
Budget
Review
Committee
1,
2 Parks
&
Recreation
Advisory
Committee
1,
2 *Poway
Housing
Authority
Unlimited
disclosure
*Public
Financing
Authority
Unlimited
disclosure
*Successor
Agency
to
the
Poway
Redevelopment
Agency
Unlimited
disclosure
Mayor
and
Councilmembers
hold
the
positions on
the
Authorities
and
Agency
marked
by
*
Consultants Consultants
shall
be
included
in
the
list
of
designated
employees
and
shall
disclose
pursuant to
the
broadest disclosure
category
in
this
Code
subject
to
the
following
limitation:
The
City
Manager
or
his
or
her
designee
, may
determine
in
writing
that
a
particular
consultant,
although
a
"designated
position
," is
hired
to
perform
a
range
of
duties
that
are
limited
in
scope
and
thus
not
required
to
fully
comply
with
the
disclosure
requirements
described
in
this
Section.
Such
written
determination
shall
inc
lude
a
description
of
the
consultant's
duties
and,
based
upon
that
description,
a
statement
of
the
extent
of
disclosure
requirements.
The
City
Manager
's
11 of 11
November 19, 2024, Item #3
determination
is
a
public
record
and
shall
be
retained
for
public
inspection
in
the
same
manner
and
location
as
the
Conflict
of
Interest
Code
.