HomeMy WebLinkAboutRES 2014-37RESOLUTION NO. 2014- 37
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. 2012-36 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 and to
conduct a biennial review in each even numbered year of its Conflict of Interest Code to
determine in any changes are necessary.
(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 Part A, Recitals, of this Resolution are
true and correct.
1021664.1
2014-37
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. Since the City has adopted the State's
Conflict of Interest Code and any changes made thereto, no changes to provisions of
the Conflict of Interest Code are necessary.
3. Persons holding those designated positions in the attached
Appendix A, shall file statements of economic interests pursuant to the Conflict of
Interest Code (Title 2, California Code of Regulations, 18730 (4)-(5)).
4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of Auaust 2014.
M�&�
Carol Herrera, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the
foregoing Resolution was Passed, Approved and Adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the 19th day of Auaust
2014, by the following vote:
AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka., MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
City Clerk,'of the City of Diamond Bar
1021664.1
2014-37
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.
1021664.1
2014-37
APPENDIX A
DESIGNATED EMPLOYEES
CATEGORIES
Assistant Engineer
Assistant Planner
Assistant City Manager
Assistant to the City Manager
Associate Engineer
Associate Planner
Building Official
City Clerk
City Engineer/Public Works Director
Community Development Director
Community Services Director
Deputy City Manager
Facilities Maintenance Supervisor
Finance Director
Human Resources Manager
Information Systems Director
Management Analyst
Network/Systems Administrator
Parks & Recreation Commission
Parks and Maintenance Superintendent
Parks and Maintenance Supervisor
Planning Manager
Public Information Manager
Street Maintenance Superintendent
Recreation Services Manager
Recreation Services Superintendent
Recreation Supervisor
Senior Accountant
Senior Civil Engineer
Senior Management Analyst
Senior Neighborhood Improvement Officer
Senior Planner
Traffic & Transportation Commission
DISCLOSURE
1
1,2
1,2
1,2
1,2
1,2
1
1,2
1
1,2
1
1,2
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.
1021664.1
2014-37
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.
1021664.1
2014-37
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.
1021664.1
2014-37
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:
1021664.1
(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.
2014-37
1021664.1
(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 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
2014-37
1021664.1
or the commodities futures on a stock or commodities exchange and does
not know or have reason to know the identity of the purchaser.
2014-37