HomeMy WebLinkAboutRES 2002-72RESOLUTION NO. 2002-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF
INTEREST CODE FOR DESIGNATED CITY PERSONNEL
AND RESCINDING RESOLUTION NO. 89-97P IN ITS ENTIRETY
A. Recitals.
(i) The City of Diamond Bar has heretofore enacted a Conflict of Interest
Code for designated personnel.
(ii) The Political Reform Act of 1974, California Government Code Sections
81000, et seq., requires the City to adopt amendments to its Conflict of Interest Code to
ensure employees of the City are appropriately designated when new employees are
added to The City or changed circumstances occur with respect to job functions.
(iii) Pursuant to the provisions of California Government Code Section 87311, a
duly noticed Public Hearing was conducted and concluded prior to the adoption of this
Resolution.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Diamond Bar does
hereby find, determine and resolve as follows:
1. In all respect as set forth in the Recitals, Part A, of this Resolution.
2. The City's Conflict of Interest Code, as heretofore adopted, hereby is
amended by the adoption of a new Exhibit "A" setting forth designated employees and
disclosure categories pertaining thereto.
3. Persons holding designated positions shall file statements of economic
interests pursuant to Sections 4 and 5 of the Conflict of Interest Code.
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4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this 1St day of October, 2002.
Mayor Wen Chang
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify
that the foregoing Resolution was passed, adopted and approved at a regular meeting of
the City Council of the City of Diamond Bar held on the 1st day of October, 2002, by the
following vote:
AYES: COUNCIL MEMBERS: Herrera, Huff, Zirbes,
MP's/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None --
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
City derk of the City of Diamond Bar
Res. 2002-72
ATTACHMENT A
CONFLICT OF INTEREST CODE FOR THE
CITY OF DIAMOND BAR
The Political Reform Act, Government Code Section 81000, et. seq., requires state
and local government agencies to adopt and promulgate conflict of interest codes. The Fair
Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section
18730, 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.
Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly
adopted by the Fair Political Practices Commission are hereby incorporated by reference
and, along with the attached Appendix in which members and employees are designated
and disclosure categories are set forth, constitute the conflict of interest code of the City
of Diamond Bar.
Designated employees shall file statements of economic interests with the agency
who will make the statements available for public inspection and reproduction. (Gov. Code
Section 81008). Upon receipt of the statements of the City Council, Planning Commission
and City Manager, the agency shall make and retain a copy and forward the original of
these statements to the Fair Political Practices Commission. Statements for all other
designated employees will be retained by the agency.
APPENDIX A
DESIGNATED EMPLOYEES DISCLOSURE CATEGORIES
Accountant II
2
Assistant City Clerk
1
Associate Engineer
1
Assistant Engineer
1
Associate Planner
1
City Clerk
1,2
Communications and Marketing Coordinator
1
Deputy City Manager
1,2
Deputy Public Works Director
1
Development Services Assistant
1
Diamond Bar Community Foundation Board of Directors (15)
1
Director of Community Development
1,2
Director of Community Services
1,2
Director of Public Works/City Engineer
1,2
Executive Assistant
1
Finance Director
1,2
Management Analyst
1
Parks & Recreation Commission
1
Public Information Manager
1
Public Works Supervisor
1
Recreation Supervisor
1
Senior Accountant
1
Senior Engineer
1
Senior Management Analyst
1
Senior Neighborhood Improvement Officer
1
Senior Planner
1
Superintendent of Parks & Maintenance
2
Traffic & Transportation Commission
1
• NOTE: City Council, City Manager, City Attorney, Treasurer and Planning
Commissioners are required to submit disclosure statements pursuant to State law
(California Government Code Sections 87200, et. seq.), not this Code.
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ATTACHMENT B
CONSULTANTS, AD HOC COMMITTEES, TASK FORCES
AND SIMILAR GROUPS **
Commission Regulation 18700 defines "consultant" as an individual who, pursuant
to a contract with a state or local government 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 revoke any permit, license, application,
certificate, approval, order, or similar authorization or entitlement;
(iv) Authorize the agency to enter into, modify, or renew a contract
provided it is the type of contract which requires agency approval;
(v) Grant agency approval to a contract which requires agency approval
and in which the agency is a party or to the specifications for such a
contract;
(vi) Grant agency approval to a plan, design, report, study, or similar item;
(vii) Adopt, or grant agency approval of, policies, standards, or guidelines
for the agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity performs the
same or substantially all the same duties for the agency that would otherwise
be performed by an individual holding a position specified in the agency's
Conflict of Interest Code.
** With respect to consultants, ad hoc committees, task forces and similar groups, the City
Manager shall determine in writing if a particular consultant, ad hoc committee, task force
or similar group performs a range of duties requiring disclosure hereunder. That
determination shall include a description of the consultant's, ad hoc committee's, task
force's or similar group's duties and a statement of the extent of disclosure requirements.
A copy of that determination shall be filed with the City Clerk and a copy forwarded to the
City Council.
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APPENDIX B
Category 1
Persons in this category shall disclose all interests in real property within the jurisdiction of
the City. Real property shall be deemed to be within the jurisdiction if it or any part of it is
located not more than two miles outside the City's boundaries or within two miles of any
land owned or used by the City.
Category 2
Persons in this category shall disclose all income from and investments in the businesses
which provide or sell services or supplies of the type associated with the job assignment
and utilized by the City. in addition, as to any business entity in which the person or his or
her spouse owns, directly, indirectly or beneficially, a ten percent or greater interest, the
person shall disclose his or her pro rata share of the income and the sources of income of
the entity if the entity provides or sells services or supplies of the type indicated in the first
sentence of this paragraph.
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APPENDIX "C"
82030. Income.
(a) "Income" means, except as provided in subdivision (b), a payment received,
including but not limited to any salary, wage, advance, dividend, interest, rent,
proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness
or payment of indebtedness received by the filer, reimbursement for expenses, per
diem, or contribution to an insurance or pension program paid by any person other
than an employer, and including any community property interest in the income of
a spouse. Income also includes an outstanding loan. Income of an individual also
includes a pro rata share of any income of any business entity or trust in which the
individual or spouse owns, directly, indirectly or beneficially, a ten (10) percent
interest or greater. "Income," other than a gift, does not include income received
from any source outside the jurisdiction and not doing business within the
jurisdiction, not planning to do business within the jurisdiction, or not having done
business within the jurisdiction during the two years prior to the time any statement
or other action is required under this title.
(b) "Income" also does not include:
(1) Campaign contributions required to be reported under Chapter 4
(commencing with Section 84100).
(2) Salary and reimbursement for expenses or per diem received from a state,
local, or federal government agency and reimbursement for travel expenses
and per diem received from a bona fide nonprofit entity exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code. (See 26 U.S.C.A.
§501.)
(3) Any devise or inheritance.
(4) Interest, dividends, or premiums on a time or demand deposit in a financial
institution, shares, in a credit union or any insurance policy, payments
received under any insurance policy, or any bond or other debt instrument
issued by any government or government agency.
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(5) Dividends, interest, or any other return on a security which is registered with
the Securities and Exchange Commission of the United States government
or a commodity future registered with the Commodity Futures Trading
Commission of the United States government, except proceeds from the sale
of these securities and commodities futures.
(6) Redemption of a mutual fund.
(7) Alimony or child support payments.
(8) Any loan or loans from a commercial lending institution which are made in the
lender's regular course of business on terms available to members of the
public without regard to official status if:
(A) The loan is secured by the principal residence of filer; or
(B) The balance owed does not exceed ten thousand dollars ($10,000).
(9) Any loan from or payments received on a loan made to an individual's
spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law,
brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the
spouse of any such person, provided that a loan or loan payment received LL
from any such person shall be considered income if he or she is acting as an
agent or intermediary for any person not covered by this paragraph.
(10) Any indebtedness created as part of a retail installment or credit card
transaction if made in the lender's regular course of business on terms
available to members of the public without regard to official status, so long
as the balance owed to the creditor does not exceed ten thousand dollars
($10,000).
(11) Payments received under a defined benefit pension plan qualified under
Internal Revenue Code Section 401(a). (See 26 U.S.C.A. §401.)
(12) Proceeds from the sale of securities registered with the Securities and
Exchange Commission of the United States government or from the sale of
commodities futures registered with the Commodity Futures Trading
Commission of the United States government if the filer sells the securities
or the commodities futures on a stock or commodities exchange and does
not know or have reason to know the identity of the purchaser.
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