FOR THE COUNCIL MEETING OF SEPTEMBER 20, 2022
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared By: Chief Deputy City Clerk
SUBJECT: CONFLICT OF INTEREST CODE AMENDMENT
RECOMMENDATION:
That the City Council adopt a Resolution amending Appendix "A" of the Conflict of Interest Code for Designated Filers of the City of Santa Maria.
BACKGROUND:
The Political Reform Act of 1974 as amended requires that cities adopt a Conflict of Interest Code (COIC) that establishes which positions within a city must file Statements of Economic Interest based on the duties and responsibilities of those positions. The Fair Political Practices Commission (FPPC) recommends that Conflict of Interest Codes be reviewed at a minimum of every two years to ensure that the list of designated filers is updated and accurate and that designated filers are filing under the correct disclosure categories for their position responsibilities.
In 2002, the City Council adopted Resolution No. 2002-200 approving a revised COIC for designated filers. Since that time, the Records/City Clerk Division has consistently presented, and the City Council has approved amendments to Appendix "A" and Appendix "B" of the COIC as positions have been added or eliminated.
The COIC was last updated on June 15, 2021, amending the designated position title for Chief Human Resources Officer. The update also included new designated positions for Executive Administrator and Risk Manager and removed the Successor Agency Oversight Board Members from the list.
In addition, the required Biennial Notice was submitted to the City Council on June 7, 2022, where staff noted changes to the COIC were necessary to bring it current, and that the amendments would be presented to the City Council by the October 1st deadline as required by law.
DISCUSSION:
On December 7, 2021, the City Council approved the abolishment of the Management Analyst classification to create a new Business Program Leader I broadbanded classification which incorporated existing Management Analysts to provide greater flexibility in work assignments and promotion through professional growth and performance as part of the City's Alignment Project and competency -based hiring model.
The two new positions that were created on June 15, 2021 (Executive Administrator and Risk Manager), have since been rolled into the Business Program Leader classification, as well, and are being removed from the COIC.
1 Following the adoption of the Fiscal Year 2022-2024 Budget and completion of the meet - and -confer process, new classifications and their job specifications were presented and adopted on August 2, 2022, and August 16, 2022. Of the classifications adopted at each meeting, and those presented at this meeting, there were only three from August 2nd (Automotive Service Writer, Share Point Developer, and Transit Planner) and one from August 22nd (Digital Forensics Examiner) that require the addition to the COIC based upon the duties provided in the job specifications.
During the June 21, 2022, City Council meeting the Organizational/Enterprise Leader (Non-Safety/Safety) and the Department/Corporate/Executive Leader (Non- Safety/Safety) broadbanded classifications were established to provide a high degree of flexibility to the organization to meet the needs and demands of the workforce.
During the review of the COIC, it was also noted that the Deputy City Manager classifications (Administration and Personnel/Human Resources) were still listed as designated filer classifications. Those positions were abolished; first in July 2016, when the Director of Human Resources and Records classification was created, and second in June 2017, when the Assistant City Manager classification was reinstituted replacing the Deputy City Manager -Administration.
Additionally, to track changes to classification titles for designated filers, the implementing Resolution number is being added to the COIC for future reference. Updates to the COIC will occur as more designated filer classifications are changed to the broadbanded classifications.
A biennial notice was submitted to the City Council in June 2022, as required by the Fair Political Practices Commission, noting amendments to the COIC that were required and that they would be completed by the October 1st deadline. Amendments to the COIC are made periodically throughout the year and, generally, do not require a COIC amendment by the specific October 1st deadline.
As a result of these personnel changes from December 2021 through August 2022, inclusive of the June 2022 Budget adoption, it is necessary to amend Appendix A of the City's Conflict of Interest Code to assign the appropriate disclosure category(ies) to reflect new, reclassified, and abolished positions and their responsibilities, and ensure that the COIC updated to be consistent with State Law.
Fiscal Impact:
None.
Impact to the Community:
None.
RHONDA M. WHITE, CMC
Chief Deputy City Clerk
2 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AMENDING APPENDIX "A" OF THE CONFLICT OF INTEREST
CODE FOR DESIGNATED FILERS OF THE CITY OF SANTA MARIA
WHEREAS, in 2002, the City Council adopted Resolution No. 2002-200 adopting a revised Conflict of Interest Code for designated filers; and WHEREAS, the Fair Political Practices Commission recommends that Conflict of Interest Codes be reviewed regularly to ensure that the list of designated filers is updated and accurate and that designated filers are filing under the correct disclosure categories for their position responsibilities; and
WHEREAS, a review was conducted and revisions to certain designated positions and disclosure categories were recommended for the respective departments; and WHEREAS, based on the recommended revisions and approved amendments to position classifications and job specifications on December 7, 2021, May 17, 2022, August 2, 2022, and August 16, 2022, it is necessary to amend Appendix A of the City's Conflict of Interest Code.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. Appendix "A" of the City of Santa Maria Conflict of Interest Code (Exhibit A) is hereby amended to reflect the addition of new classifications or amended classifications as designated filers and are assigned their associated disclosure category(ies) on Appendix C.
2. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held on this 20th day of September 2022.
ATTEST:
Mayor
Chief Deputy City Clerk
Exhibit A — Appendix A -D of the Conflict of Interest Code APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
City Manager
Amended: 9/20/2022
Reso. #2022 -
CONFLICT OF INTEREST CODE
CITY OF SANTA MARIA
The California Political Reform Act of 1974, as amended, (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. (See, Government Code Sections 87300-87313.) The Fair Political Practices Commission has adopted a regulation (Section 18730 of Title 2 of the California Code of Regulations), which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act of 1974. Therefore, the terms of Section 18730 of Title 2 of the California Code of Regulations, and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby incorporated herein by this reference, and along with the attached Appendices in which public officials and employees are designated and disclosure categories are set forth, shall constitute the Conflict of Interest Code of the City of Santa Maria, its Boards, Commissions, r.nmmittees and r:nnsuiltants
Public officials and employees shall file Statements of Economic Interests (FPPC Form 700) with the Chief Deputy City Clerk, who is designated as the Filing Officer. The Chief Deputy City Clerk shall administer this Conflict of Interest Code at the local level and shall notify each public official and employee of his or her filing obligation. Public officials and employees are required to file an Assuming Office Statement when they assume a designated position, an Annual Statement each year and a Leaving Office Upon receipt of the statements of the City Council, Planning Commission, City Manager, City Attorney, and City Treasurer, the Records/City Clerk Division shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements of all other officials and designated employees will be retained by the Records/City Clerk Division in accordance with State law. Once filed, all FPPC Form 700s are public records and the City Clerk shall make all statements available for public inspection and reproduction, pursuant to Government Code Section 81008.
Any change provided for in this conflict of interest code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other conflict of interest code; nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered in connection with any other conflict of interest code.
EXHIBIT A
TABLE OF CONTENTS
LISTING OF APPENDICES
APPENDIX DESCRIPTION PAGE
A DESIGNATED POSITIONS BY DEPARTMENT 3
B BOARDS, COMMISSIONS & COMMITTEES
DESIGNATED POSITIONS 8
C DISCLOSURE CATEGORIES 9
D CONSULTANT CONFLICT OF INTEREST
QUESTIONNAIRE 10
TOC-1
APPENDIX A
CITY OF SANTA MARIA DESIGNATED POSITIONS
Designated Position
Accounting Technician III
Assistant City Attorney
Assistant City Manager
Assistant Director of Recreation and Parks
Associate Planner
Automotive Service Writer
Block Grants Advisory Committee Members
Board of Appeals Members
Building Division Manager
Building Inspector 1/11
Business Program Leader
Business Systems Analyst
Chief Building Inspector
Chief Deputy City Clerk
Chief Human Resources Officer
Chief Information Officer
Chief Public Works Inspector
City Attorney 2
City Clerk
City Council 2
City Manager 2
City Treasurer 2
Code Enforcement Officer 1/11
Code Enforcement Supervisor
Code Enforcement Technician
Community Programs Manager
Confidential Secretary
Confidential Technician 11/111
Consultant 1/11/111 - Decision -making capacity 3
Acting in staff capacity 4
Crime Lab and Evidence Supervisor
Department/Corporate/Executive Leader (Non-
Safety/Safety) 1@roadbanded)
Department
Finance
Finance
City Attorney
City Manager
Recreation & Parks
Community Development
Public Works
Community Development
Community Development
Community Development
Community Development
All Departments
City Manager
Community Development
City Manager
City Manager
City Manager
Public Works
City Attorney
City Manager
City Manager
City Manager
Finance
Community Development
City -Attorney
City -Attorney
Community Development
City -Attorney
Community Development 1
City Manager Financc 4, 6, 7, 8 2022-45
City Manager/Finance
Disclosure
Category
4 4,6,7,8
1 1 2017-74
1 1
Reso #
creatin
classification
Abolish per
2021-132
6, 7, 8 2022-79
1 1
1 1
4,5,6,7,8
1 1
1 1
6, 7
1 1
1 4
1 2021-132
2022-71
Abolish per
2022-71
All Departments
Police
All Departments
4, 6, 7, 8 2022-45
1 1
1 2022-64
Amended: 9/20/2022
A-1 Reso.#2022-
APPENDIX A
Designated Position
Deputy City Attorney I/I I
Deputy City Clerk
De ,ty rte, o —M ager —gym.
Deputy Fire Chief
Digital Forensics Examiner
Director of Community Development
Director of Finance
Director of Public Works/City Engineer
Director of Recreation and Parks
Director of Utilities
Engineer I/II/III
Executive Astminictrator
Facilities Supervisor
Finance Lead Clerk
Fire Battalion Chief
Fire Captain
Fire Chief
Fire Inspector I/II
Fire Marshal
Fire Prevention Officer II
Fleet Services Supervisor
GIS Manager
GIS Technician II
Housing & Community Services Technician
Human Recourccs Manager
Interim Director I/II/III
Intern - Professional 4
Investigative Officer I/II
Investigative Specialist
Lead Wastewater Operator
Lead Water Operator
Librarian II
Librarian III
Library Board of Trustees
Library Director
Department
Disclosure
Category
City Attorney 1
City Manager 4
City -Manager 4
Crity-MaTlager 4
Fire 1
Police 4, 6, 7, 8 2022-85
Community Development 1
Finance 1
Public Works 1
Recreation & Parks 1
Utilities 1
Public Works 3
City --Manager 4
Public Works 1
Finance 4
Fire 1
Fire 1
Fire 1
Fire 1
Fire 1
Fire 6, 7, 8, 9
Public Works 1
City Manager 6, 7, 8
City Manager 6, 7, 8
Community Development 1
City -Manager 4
All Departments 1
All Departments
City Attorney 3
Police 3
Utilities 5, 6, 7, 8
Utilities 5, 6, 7, 8
Library 6
Library 6, 7, 8
Library 1
Library 1
Reso #
jcreatina
classification),
Abolish per
2017-74
Abolish per
2016-90
Abolish per
2021-132
Abolish per
2022-71
2022-79
Abolish per
2021-76
Amended: 9/20/2022
A-2 Reso. #2022-
APPENDIX A
Designated Position
Management -Analyst -1
Management Analyst II (3bereh per Roso 2021 132)
Management Analyst Pri al (abe ish e r Reee 2021
132)
Management Analyst _ Senior (obo Ueh per Reee 2021 132) Measure U Citizens Oversight Committee Members
Organizational/Enterprise Leader (Non-Safety/Safety)
(Broadbanded)
Parks and Forest Supervisor
Part time, Limited Service Positions and Retired
Annuitants s
PEG Production Manager
Plan Check Engineer
Planning Commission Commissioners 2
Planning Division Manager
Planning Technician
Plans Examiner
Police Chief
Police Commander
Police Lieutenant
Police Records Supervisor
Police Sergeant
Principal Civil Engineer
Principal Planner
Provisional Officer 4
Public Works Inspector
Public Works Operations Manager
Recreation & Parks Commissioners
Recreation Services Manager
Recreation Supervisor
Regulatory Compliance Manager
Revenue Manager
Risk -Manager
Senior Assistant City Attorney
Senior Building Permit Technician
Department
Ail -Department s
Gity-Manager
City -Manager
Gity-Manager
Finance
All Departments
Recreation & Parks
City Manager
Community Development
Community Development
Community Development
Community Development
Community Development
Police
Police
Police
Police
Police
Public Works
Community Development
Police
City Manager
Public Works
Public Works
Recreation & Parks
Recreation & Parks
Utilities
Finance
City -Manager
City Attorney
Community Development
Disclosure
Category
4,5,66,7,8
8 8
8 1
1 2022-64
5,6,7,8
Reso #
(creating
classification
1 1
1 1
1 1
3 3
6, 7, 8
3 1
1 4
5, 6, 7, 8
1 1
4 6,7,8
5, 6, 7, 8
6, 7,
4 1 2021-76
Abolish per
2021-132
Abolish per
2021-132
Abolish per
2021-132
Abolish per
2021-132
1 Abolish per
2021-132
Abolish per
2022-71
Abolish per
2021-132
Abolish per
2021-132
Amended: 9/20/2022
A-3 Reso. #2022-
APPENDIX A
Designated Position
Senior Civil Engineer
Senior Civil Engineer
Senior Crew Leader/Maintenance Specialist
Senior Crew Leader/Maintenance Specialist
Senior Crew Leader/Maintenance Specialist (abolish
upon vacancy per Reso. #2018-72)
Senior Park Services Officer
Senior Planner
Senior Plans Examiner
Senior Project Manager
Senior Systems Analyst
Senior Traffic Signal Technician
Share Point Developer
Solid Waste Collections Supervisor
Solid Waste Landfill Supervisor
Solid Waste Manager
Special Districts Coordinator
Special Districts Supervisor
Special Districts Technician
Street Maintenance Supervisor
Systems Analyst I/11/111
Technical Aide 11/111
Temporary Planner 4
Transit Coordinator
Transit Planner
Transit Services Manager
Transit Assistant
Utilities Accounting Technician III
Utilities Manager/Deputy Director
Utilities Technology Analyst
Utility Billing Lead Clerk
Utility Billing Supervisor
Wastewater Supervisor
Water Resources Manager
Water Supervisor
Department
Public Works
Utilities
Public Works
Recreation & Parks
Utilities
Recr ation & Parks
Community Development
Community Development
All Departments
City Manager
Public Works
City Manager
Utilities
Utilities
Utilities
Recreation & Parks
Recreation & Parks
Recreation & Parks
Public Works
City Manager
All Departments
Community Development
Public Works
Public Works
Public Works
Public Works
Utilities
Utilities
Utilities
Finance
Finance
Finance
Utilities
Utilities
Utilities
Disclosure
Category
1 3
5, 6, 7, 8
5, 6, 7, 8
5, 6, 7, 8
3 1
1 1
6, 7
5,6,7,8
6, 7
5, 6, 7, 8
5, 6, 7, 8
1 5, 6, 7, 8
5, 6, 7, 8
5,6,7,8
1 6, 7
6, 7, 8, 9
Reso #
(creating
classification
Abolish per
2022-71
2022-79
10 10 2022-79
1 10
4,6,7,8
3 6, 7
4,6,7,8
4,6,7,8
4, 6, 7, 8
5, 6, 7, 8
5, 6, 7, 8
5, 6, 7, 8
Abolish per
2021-132
Amended: 9/20/2022
A-4 Reso. #2022-
APPENDIX A
Reso #
Disclosure (creating
Designated Position Department Category classification
1 Disclosure Categories are contained in Appendix C.
2 The City Treasurer, City Attorney, City Manager, as
well as members of the City Council and Planning
Commission are subject to the reporting requirements
of Article 2, Chapter 7, Title 9 of the Government Code of the State of California (Section 87200, et seq.), and therefore are exempt from the requirements of this
Local Conflict of Interest Code pursuant to Government
Code Section 87302(a)_
s Consultants, as defined in Section 18701(a)(2) of
Title 2 of the California Code of Regulations, shall be included in the list of designated employees and shall
disclose pursuant to the broadest disclosure category
in the code subject to the following limitation:
The City Manager may determine in writing that a
particular consultant, although a "designated
employee," is hired to perform a range of duties that is 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 disclosure
4 If the duties of the position are performed by an
individual who would perform the same or substantially
all the same duties for the City that would otherwise be performed by an individual holding a designated staff
position in this Code shall disclose pursuant to the
disclosure category required by this Code for the
comparable designated staff position.
Amended: 9/20/2022
A-5 Reso. #2022-
APPENDIX A
Reso #
Disclosure (creating
Designated Position Department Category classifications 5 Part time, Limited Service Positions and Retired
Annuitants may be included in the list of designated
employees when the City Manager determines that
they are performing work that is the functional
equivalent of a designated position. If such a
determination is made, then disclosure shall be
pursuant to the disclosure category required by this
Code for the comparable designated staff position.
Amended: 9/20/2022
A-6 Reso. #2022-
APPENDIX B
BOARDS, COMMISSIONS COMMITTEES
DESIGNATED POSITIONS
Designated Board
Block Grants Advisory Committee Members
Board of Appeals Members
Library Board of Trustees
Measure U Citizens Oversight Committee Members
Planning Commission Commissioners 2
Recreation & Parks Commissioners
1 Disclosure Categories are contained in Appendix C.
2 The City Treasurer, City Attorney, City Manager, as
well as members of the City Council and Planning
Commission are subject to the reporting requirements
of Article 2, Chapter 7, Title 9 of the Government Code of the State of California (section 87200, et seq.), and therefore are exempt from the requirements of this
Local Conflict of Interest Code pursuant to Government
Code section R73021a1.
Department
Disclosure
Category
Community Development 1
Community Development 1
Library 1
Finance 1
Community Development
Recreation & Parks 1
Amended: 9/20/2022
B-1 Reso. #2022-
APPENDIX C
DISCLOSURE CATEGORIES
1 All interests in real property, investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments. 2 Interests in real property.
3 Investments and business positions in business entities, and all sources of income, including gifts, loans, and travel payments.
4 Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing business and office supplies, including election supplies.
5 Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing construction or demolition materials, supplies, equipment or labor.
6 Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing materials or supplies of the type used by the official's or designated employee's department. 7 Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing equipment or machinery of the type used by the official's or designated employee's department.
8 Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing training, professional services, or labor (skilled or unskilled) of the type used by the official's or designated employee's department.
9 Investments and business positions in business entities and sources of income, including gifts, loans, and travel payments, from entities providing firefighting or prevention services or equipment.
10 Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing mass transportation services or equipment.
Amended: 9/20/2022
C-1 Reso. #2022-
APPENDIX D
CONSULTANT CONFLICT OF INTEREST QUESTIONNAIRE
(FORM ON FILE IN THE CITY CLERK'S OFFICE)
Amended: 9/20/2022
D-1 Reso. #2022-
Link to Consultant Questionnaire for Printing for the COIC