R ESO. NO. 2018-XX
APPENDIX B
CITY OF SIMI VALLEY
MEMORANDUM
O
ctober 21, 2024
T
O: City Council
F
ROM: Office of the City Manager
S
UBJECT: ADOPTION OF A RESOLUTION AMENDING THE DESIGNATED
POSITIONS SUBJECT TO THE CONFLICT OF INTEREST CODE
STAFF RECOMMENDATION
I
t is recommended that the City Council adopt a R esolution No. 202 4-45 ( page 4) amending the designated positions subject to the Conflict of Interest Code.
BACKGROUND AND OVERVIEW
T
he Political Reform Act (California Government Code § 81000, et seq.) requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the Code must be amended. The City Council last reviewed the City’s Conflict of Interest Code on November 4, 2022, after which the City Co uncil adopted Resolution No. 202 2-62 to amend the list of job classifications and associated disclosure categories subject to the Code’s disclosure requirements. Changes to the City’s organization have occurred during the last two years, including changes to position titles adopted as part of the annual budget process in 2023-2024. Therefore, it is recommended that the City Council adopt R esolution No. 2024-45 amending the designated positions subject to the Conflict of Interest Code based on organizational changes during the last two years.
T
he Conflict of Interest Code identifies designated employees that make or participate in the making of decisions that may foreseeably have a material effect on their economic interests, and establishes procedures for those employees to complete California Fair Political Practices Commission (FPPC) Form 700 (“Statement of Economic Interests”) and file it with the City Clerk’s Office.
T
he City Council, Planning Commissioners, City Manager, City Attorney, and City Treasurer (which is the City Manager) are required to file an Annual Statement of Economic Interests in compliance with Government Code Section 87200. The proposed resolution does not change this requirement.
AGENDA ITEM NO.
Consent (8)
FINDINGS AND ALTERNATIVES
Since the City last reviewed its Conflict of Interest Code in 202 2, some positions have been added or deleted that necessitate changes to the code. The City has added and/or renamed various positions within the City’s organization chart, and the list of designated employees (“Designated Positions”) subject to the Code must be updated to reflect these changes. Additionally, the list of Designated Positions was reviewed to ensure that those employees who have purchasing authority within their Department, Division, and/or Unit have been identified and included.
Staff has drafted a resolution to rescind Resolution No. 2022-62 and incorporate the above-referenced changes. Attached to the proposed resolution are Appendices A, B, and C. Appendix A ( page 6), the body of the Code, reflects the most recent Conflict of Interest Code language adopted by the Fair Political Practices Commission. No substantive changes to the language have occurred since the City last reviewed its Conflict of Interest Code; however, effective January 1, 2023 , the gift limit amount was increased to $590 per calendar year.
The list of designated employees (Appendix A , page 6) has been evaluated by each Department and was modified as described above. Positions that have been deleted are indicated by strikethrough, and positions that have been added or changed are underlined and bolded. The Disclosure Categories for Designated Positions (Appendix B, page 10) were revised with the 2022 Code Update to more accurately reflect a filers’ decision- making authority and any potential corresponding effect on their economic interests .
These changes incorporated the Fair Political Practices Commission’s recommendations that disclosure categories be tailored to a filer’s decision-making authority and relate to the specific duties of such designated employees . No changes were required to the Disclosure Categories as part of this update.
The following alternatives are available to the City Council:
1. Adopt a Resolution No. 2024-45 amending the designated positions subject to the Conflict of Interest Code;
2. Not adopt the proposed resolution and provide staff with other direction.
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to adopt R esolution No. 2024-45 amending the designated positions subjec t to the Conflict of Interest Code.
2 SUMMARY
The Political Reform Act (California Government Code § 81000, et seq.) requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the Code must be amended. The City Council last reviewed the City’s Conflict of Interest Code on November 4, 2022, and revisions to the Code are now necessary to reflect the City’s current organizational chart. It is recommended that the City Council adopt a R esolution No. 2024- 45 amending the designated positions subject to the Conflict of Interest Code.
____________________________________
Lucy Blanco
City Clerk
Prepared by: Lucy Blanco, City Clerk
INDEX Page
Resolution No. 2024-45 .................................................................... 4 Appendix A ................................................................................ 6 Appendix B .............................................................................. 10 3 RESOLUTION NO. 2024-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY REGARDING CONFLICT OF INTEREST
CODES AND ADOPTING AND INCORPORATING BY
REFERENCE THE FAIR POLITICAL PRACTICES
COMMISSION’S STANDARD CONFLICT OF INTEREST
CODE, AND RESCINDING RESOLUTION NO. 2022-62
WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard Conflict of Interest Code, which is incorporated by reference, and which will be amended by the FPPC to conform to amendments in the Political Reform Act after public notice and hearings conducted by the FPPC pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and
WHEREAS, a designated position is anyone within the City of Simi Valley who is an officer, employee, committee member or consultant who is designated in the Code because the position entails the making or participation in making of decisions which may foreseeably have a material effect on any financial interest (Government Code Section 82019); and
WHEREAS, the City Council has previously designated employees, officers, and disclosure categories in Resolution No. 20 22-62 which now needs to be revised; and
WHEREAS, the City Council finds and determines that the attached Appendices A and B, accurately set forth the City’s Conflict of Interest Code, those positions that should be designated, and the categories of financial interests that should be made reportable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the FPPC are hereby incorporated by reference and, along with the attached Appendixes A and B in which employees, members, and consultants are designated and disclosure categories are set forth, constitute the Conflict of Interest Code for the City of Simi Valley.
4 SECTION 2. Persons holding designated positions shall file Statements of Economic Interests pursuant to Government Code Section 18730(b)(4) of the Conflict of Interest Code which instructs that all designated employees file statements with the Code Reviewing Body. The City Clerk shall carry out the duties of Filing Officer for the City Council, which is the Code Reviewing Body.
SECTION 3. Resolution No. 2022-62 is hereby rescinded.
SECTION 4. The City Clerk shall forward a copy of this resolution to the Fair Political Practices Commission and each department in the City.
SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 21st day of October 2024.
Attest:
Lucy Blanco, City Clerk Fred D. Thomas Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
Algeria R. Ford, City Attorney Samantha C. Argabrite, City Manager
5 RES. NO. 2024-45
RES. NO. 2024-45
APPENDIX A
CITY OF SIMI VALLEY
CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS
Department
Designated Position (Title)
Disclosure
Category
1. City Manager’s Office Assistant City Clerk 4
Assistant City Manager 1, 2
Assistant to the City Manager 1, 2
Assistant Community Services Manager 5
City Clerk 1, 2
Deputy City Clerk 4
Deputy City Manager (Confidential) 1, 2
Community Services Coordinator 5
Community Services Manager 5
Deputy Human Resources Director
(Confidential)
1 ,2
Deputy Community Services Director 4
Human Resources Analyst 5
Management Analyst 4
Risk Manager 4
Senior Human Resources Analyst
(Confidential)
5 Senior Management Analyst 4
Workers’ Compensation Supervisor 5
Workers’ Compensation Manager 5
2. City Attorney’s Office Assistant City Attorney 1, 2, 6 Deputy City Attorney 1, 2, 6
Senior Assistant City Attorney
(Confidential)
1, 2, 6
3. Administrative Services Director (Confidential) 1, 2 Budget Officer 4
Communications Systems Coordinator 5
Customer Services Manager 5
Customer Service Supervisor
Deputy Director
5 Enterprise Systems Analyst 5
Management Assistant 5
Management Analyst 5
Senior Accountant 4
Senior Management Analyst 4
Treasury Officer 4
6 RES. NO. 2024-45
5. Environmental Services Director 1, 2, 6
Administrative Officer 5
Assistant Planner 2, 3, 5, 6
Associate Engineer 2, 3, 5, 6
Associate Planner 2, 3, 5, 6
Building Inspector I 2, 3, 5, 6
Building Inspector II 2, 3, 5, 6
Code Compliance Manager 5, 6
Code Compliance Officer 6
Deputy Director
Deputy Director/Building Official
2, 3, 5, 6
Deputy Director/City Planner 2, 3, 5, 6
Electrical Inspector 2, 3, 5, 6
Home Rehabilitation Coordinator 5
Management Analyst 5
Management Assistant 5
Permit Services Coordinator 5, 6
Planning Technician 5, 6
Plans Examiner 5
Principal Engineer 2, 3, 5, 6
Principal Planner 2, 3, 5, 6
Senior Building Inspector 2, 3, 5, 6
Senior Code Compliance Officer 5, 6
Senior Engineer 2, 3, 5, 6
Senior Management Analyst 4
Senior Planner 2, 3, 5, 6
Supervising Building Inspector 2, 3, 5, 6
6. Police Department Chief of Police 1, 2, 6
Budget & Administrative Manager 4
Communications Manager 5
Community Services Coordinator 5
Crime Analysis and Prevention Manager 5
Deputy Director 5
Deputy Police Chief 5, 6
Assistant Police Chief 5, 6
Emergency Services Manager 5
Management Analyst 5
Management Assistant 5
Police Commander 5, 6
Police Maintenance Supervisor 5
Police Records Manager 5
Police Services Supervisor 5
Senior Management Analyst 4
7. Public Works Director 1, 2, 6
Assistant Public Works Director 2, 3, 5, 6
7 RES. NO. 2024-45
Assistant Engineer 2, 3, 5, 6
Associate Engineer 2, 3, 5, 6
Budget & Administration Manager 4
Deputy Director 2, 3, 5, 6
Environmental Compliance Inspector 5, 6
Environmental Compliance Program
Coordinator
5, 6
Laboratory Supervisor 5
Landscape Architect 5, 6
Maintenance Superintendent 5
Maintenance Supervisor 5
Management Analyst 5
Management Assistant 5
Plant Maintenance Supervisor 5, 6
Plant Operations Manager 5, 6
Plant Operations Supervisor 5
Plant Support Systems Manager 5, 6
Principal Engineer 2, 3, 5, 6
Public Works Inspector 2, 3, 5, 6
Senior Engineer 2, 3, 5, 6
Senior Management Analyst 4
Supervising Public Works Inspector 3, 5, 6
Transit Finance Manager 5
Transit Operations Manager 5
Wastewater Collection System
Supervisor
5 Water Distribution Supervisor 5
Water Operations Supervisor 5
Water Field Services Supervisor 5
8. Ventura County Assistant Public Works Director 2, 3, 5, 6 Waterworks District No. 8 Assistant Engineer 2, 3, 5, 6 Associate Engineer 2, 3, 5, 6
Deputy Director 2, 3, 5, 6
Environmental Compliance Inspector 5, 6
Environmental Compliance Program
Coordinator
5, 6
Principal Engineer 2, 3, 5, 6
Public Works Inspector 2, 3, 5, 6
Senior Engineer 2, 3, 5, 6
Senior Management Analyst 4
Water Distribution Supervisor 5
Water Operations Supervisor 5
Waterworks Field Services Supervisor 5
8 RES. NO. 2024-45
9. Successor Agency to the Assistant City Manager 1, 2
Simi Valley Community
Development Agency
10. Community Development 5 Member Board 1, 2
Block Grant (CDBG)
Advisory Committee
11. City Manager’s Office Consultant 1, 2*
City Attorney’s Office
* A consultant shall disclose pursuant to Category 5, subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a “Designated Position,” is hired to perform a range of 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 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 this Conflict of Interest Code.
9 RES. NO. 2024-45
APPENDIX B
CITY OF SIMI VALLEY
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic investments that the designated position must disclose for each disclosure category to which he or she is assigned.
1 CATEGORY 1
All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City.
CATEGORY 2
All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City.
CATEGORY 3
All investments and business positions in business entities 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.
CATEGORY 4
All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
CATEGORY 5
All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.
CATEGORY 6
All investments and business positions and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
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1 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
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