City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
That the City Council update the City’s Conflict of Interest Code pursuant to the
Political Reform Act by adopting a resolution incorporating the terms of Title 2 of
California Administrative Code Section 18730 pertaining to Conflict of Interest Codes
and rescinding Resolution No. 2003-R018.
BACKGROUND:
Pursuant to Government Code §§ 81000, et seq. (“Political Reform Act”), every state
and local government agency is required to adopt a conflict of interest code. Culver
City has adopted, by resolution, the conflict of interest code that was promulgated by
the Fair Political Practices Commission, for use by government agencies, by
incorporating by reference Section 18730 of Title 2 of the California Code of
Regulations. The Political Reform Act further requires every agency to review its
conflict of interest code biennially to determine if it is accurate or, alternatively, that
the code must be amended. The conflict of interest code must be amended when
necessitated by changed circumstances, including the creation of new positions that
must be designated, the elimination of positions that were previously designated and
relevant changes in the duties assigned to an existing position when those changes
require the position be designated. If amendments to an agency’s conflict of interest
code are necessary, the updated code must be approved by the City Council.
Meeting Date: 05/22/06 Item Number: A-5
AGENDA ITEM: An Update the City’s Conflict of Interest Code Pursuant to the
Political Reform Act by Adopting a Resolution Incorporating the Terms of Title 2
of California Administrative Code Section 18730 Pertaining to Conflict of Interest
Codes and Rescinding Resolution No. 2003-R018.
Contact Person/Dept.: Heather S.
Iker/City Attorney
Phone Number: (310) 253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master notification list. 5/18/06
Department Approval: Carol A. Schwab,
City Attorney (by H. Iker) (05/15/06)
CAO Approval:
Martin R. Cole for Jerry B. Fulwood
(05/17/06)
City Controller Approval:City of Culver City, California
City Council Agenda Item Report
DISCUSSION:
The City Attorney’s Office, with the assistance of the Department Heads, has
reviewed the designated positions and disclosure categories contained in the City’s
current Conflict of Interest Code (Resolution No. 2003-R018) and has determined
there have been positions created, eliminated or combined with another position, re-
titled, and added. All of these changes need to be accurately reflected in the
Conflict of Interest Code. The designated positions, including disclosure categories,
have been updated and are included in Appendix A of the Resolution attached
hereto for the City Council’s adoption. Also attached for Council’s information is a
“redline” version of Appendix A that specifically sets forth the amendments.
Please note the next update of the City’s Conflict of Interest Code will come before
the City Council in approximately two (2) years.
On a related note, pursuant to the requirements of AB 1234, “all local agency
officials” are required to receive two hours of training in ethics every two years. To
both comply with this requirement and to potentially reduce overall costs incurred for
this training, staff is working with other members of the Westside Cities Council of
Governments to provide consolidated training and pursue reimbursement for this
State-mandated program from the State of California. Additional details will be
provided to the City Council as this proposal is further analyzed.
FISCAL ANALYSIS:
Not applicable.
ATTACHMENTS:
1. Proposed Resolution
2. Redline version of Appendix A
MOTION:
That the City Council:
Update the City’s Conflict of Interest Code Pursuant to the Political Reform Act, by
adopting a Resolution, incorporating the terms of Title 2 of California Administrative
Code Section 18730 pertaining to Conflict of Interest Codes and rescinding
Resolution No. 2003-R018.
MEETING DATE 05/22/06
AGENDA ITEM Update the City's Conflict of Interest Code Pursuant to the
Political Reform Act by Adopting a Resolution Incorporating
the Terms of Title 2 of California Administrative Code Section
18730 Pertaining to Conflict of Interest Codes and Rescinding
Resolution No 2003-R018
ATTACHMENTS
Pages|109| Proposed Resolution 1-9|109| Redlme version of Appendix A 10-12I|1010101010101010 10
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AArr
skiiimEor A
RESOLUTION NO 2006-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA INCORPORATING BY
REFERENCE, THE TERMS OF TITLE 2 OF CALIFORNIA
ADMINISTRATIVE CODE SECTION 18730 PERTAINING TO
CONFLICT OF INTEREST CODES AND RESCINDING
RESOLUTION NO 2003-R018
WHEREAS, the Political Reform Act, Government Code §§ 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 has adopted a regulation,
2 Cal Adm Code § 18730, which can be incorporated by reference and which can be
amended to conform to amendments in the Political Reform Act, after public notice and
hearing conducted by the Fair Political Practices Commission pursuant to the Administrative
Procedure Act, Government Code §§ 11370, et seq , and
WHEREAS, the City Council has determined that Appendix "A," attached
hereto and incorporated herein, accurately sets forth 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 Culver City California
DOES HEREBY RESOLVE as follows|109| The terms of 2 Cal Adm Code § 18730 and any amendments thereto,
which have been duly adopted by the Fair Political Practices Commission are hereby
incorporated by reference and, together with the attached Appendix 'A " in which officials and
employees are designated and disclosure categories are set forth shall constitute the
Conflict of Interest Code of the City and the following departments
I.
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two
Chief Administrative Officer/Administration
City Attorney
City Clerk
City Treasurer
Community Development Department
Fire Department
Parks Recreation and Community Services Department
Police Department
Public Works Department
Transportation Department|109| Future amendments to the terms of 2 Cal Adm Code § 18730, which
are duly adopted by the Fair Political Practices Commission, shall become part of the City's
Conflict of Interest Code upon the expiration of forty-five (45) days after receipt by the City
Council, unless the City Council by Resolution decides not to adopt such amendments in
whole or in part The City Council hereby reserves the right not to adopt any provisions not
within the jurisdiction of the Fair Political Practices Commission pursuant to Government
Code § 81000, et seq|109| Designated employees shall file annual statements of economic interests
with the City Clerk, to whom the City Council hereby delegates the authority to carry out the
duties of filing officer The Form 700 statements of designated employees shall be retained
as official records by the City Clerk and shall be made available for public inspection and
reproduction in accordance with Government Code § 81008|109| Upon receipt of Form 700 statements completed by City Council
Members, Planning Commissioners, the Chief Administrative Officer, the City Attorney and
-2-the City Treasurer, the City Clerk shall make and retain a copy and forward the original of
these statements to the Fair Political Practices Commission|109| Resolution No 2003R-018 is hereby rescinded
APPROVED AND ADOPTED this 22 nd day of May, 2006
GARY SILBIGER, MAYOR
City of Culver City, California
ATTEST APPROVED AS TO FORM
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CHRISTOPHER ARMENTA,
City Clerki|101010101010101010 10
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CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Position Disclosure
Administration
Chief Administrative Officer *
Assistant Chief Administrative Officer 1, 2, 3, 4, 5
City Controller 1, 2, 3, 4, 5
Information Technology Director 4
Intergovernmental Relations Officer 4
Personnel & Employee Relations Director 4
Deputy Personnel Director 4
Personnel Analyst 4
Budget Division Manager 4
Technical Services Manager 4
Management Analyst/Grants 4
Budget Management Analyst 4
Purchasing Officer 2, 3, 4, 5
Warehouse Supervisor 2 3, 4, 5
Systems Development Manager 4
Risk Manager 4
Claims and Safety Coordinator 4
City Attorney
City Attorney *
Assistant City Attorney 1, 2, 3, 4, 5
Assistant City Prosecutor 1, 2, 3, 4, 5
Deputy City Attorney I & ll 1, 2, 3, 4 5
Legal Operations Manager 1, 2, 3, 4, 5
Management Analyst/Community Outreach Coordinator 1, 2, 3 4 5
City Clerk
City Clerk
Deputy City Clerk
City Council
City Treasurer
City Treasurer *
Deputy City Treasurer 1, 2 3, 4, 5
Accounting Division Manager 1, 2, 3, 4, 5
Accounting Division Manager - Operations 1 2, 3 4 5
-4-
1 2 3, 4, 5
1, 2, 3, 4, 5
***
1, 2, 3, 4, 5, 6
1,2 3,5
1,
1,
1,|1010|2, 3
2, 3,
2, 3
2, 3|101010|4 5|101010101010|*
1 2,3 4 5
1,2 3 4,5
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Treasury Division Manager 1, 2, 3, 4 5
Community Development Department
Community Development Director 1, 2, 3, 4 5
Deputy Community Development Director/Planning Manager 1, 2, 3, 4, 5
Economic Development Administrator 1 2, 3, 4 5
Redevelopment Administrator 1, 2, 3, 4 5
Redevelopment Project Manager 1, 2 3 4, 5
Redevelopment Project Specialist 4
Senior Planner 1, 2 3, 4, 5
Associate Planner 1, 2, 3, 5
Housing Programs Administrator 1, 2, 3, 4, 5
Housing Programs Supervisor 2, 3, 4, 5
Housing Assistant 1, 4
Housing Specialist 1, 4
Occupancy Specialist 1, 4
Structural Rehabilitation Specialist 1 4
Building Official 1 2,3
Senior Building & Safety Inspector 1, 2 3
Consultants (All Departments and Divisions)
Cultural Affairs Commissioners
Fire Department
Fire Chief
Assistant Fire Chief
Battalion Chief (including Fire Marshal)
Fire Captain (including EMS Coordinator)
Parks, Recreation and Community Services Department
Parks Recreation and Community Services Director
Senior Management Analyst
Parks Manager
Veterans Memorial Complex Manager
Recreation Manager
Senior and Social Services Manager
Planning Commissioners
Police Department
Police Chief
Assistant Chief
S
-5-Police Captain
Police Lieutenant
Public Works
1 2 3, 5
1, 2, 3 5
1, 2, 3 4
1, 2, 3, 5|1010|1235|101010|1 2 3, 5
3, 4, 5
5 Public Works Director/City Engineer
Engineering Services Manager
Maintenance Operations Manager
Senior Civil Engineer
Sanitation Manager
Senior Management Analyst
Traffic Engineer
Environmental Coordinator
Transportation Department
Transportation Director 4
Deputy Transportation Director 4
Senior Management Analyst 4
Equipment Maintenance Manager 4
Transit Operations Manager 4
*Disclosure obligations for these designated positions are set forth in Government Code
§ 87200, et seq These positions are designated in this Conflict of Interest Code solely
for disqualification purposes
**Consultants 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 Chief Administrative Officer 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
herein 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 Chief Administrative Officers determination is a public record and shall be retained
for public inspection in the same manner and location as this Conflict of Interest Code
GENERAL PROVISIONS
When a designated employee is required to disclose investments and sources of
income, he/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 (2) 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 interest in
real property he/she need only disclose real property which is located in whole or in part
within not more than two (2) miles outside the boundaries of the jurisdiction or within (2)
miles of any land owned or used by the local government agency
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LP2 appropriate disclosure category designated for each position
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Designated employees shall disclose their financial interests pursuant to the
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DISCLOSURE CATEGORIES
Category 1 Persons in this category shall disclose all
interests in real property
Category 2 Persons in this category shall disclose all
investments
Category 3 Persons in this category shall disclose all
sources of income
Category 4 Persons in this category shall disclose all
investments in business entities and sources
of income of the type which, within the past tw(
years, have contracted with the designated
employee's department to provide services,
supplies, materials, machinery or equipment
Category 5
Category 6
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
Persons in this category shall disclose any
business entity in which the designated
employee is a director, officer, partner, trustee
employee or holds any other position
Persons in this category shall disclose all
investments, interests in real property and
sources of income subject to the regulatory
permit or licensing authority of the Board or
Commission on which the member serves
27
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(728
-8-Disclosure
Category
Persons in this Category shall
disclose the following
700 Schedules
1 All interests in real pro_perty B
2 All investments A-1 A-2
3 All sources of income A-2, B, C, D, E F
4 Investments in business entities
of the type which, within the past
two years, have contracted with
the designated employee s
department to provide services,
supplies, materials, machinery or
equipment
A-1 A-2
Sources of income of the type
which, within the past two years,
have contracted with the
designated employee's department
to provide services, supplies,
materials, machinery or equipment
A-2, B C D, E, F
5 Any business entity in which the
designated employee is a director,
officer, partner, trustee, employee
or holds any other position
A-2, C
6 All investments subject to the
regulatory, permit or licensing
authority of the Board of
Commission on which the member
serves
A-1, A-2
All interests in real property
subject to the regulatory, permit or
licensing authority of the Board or
Commission on which the member
serves
B
All sources of income subject to
the regulatory, permit or licensing
authority of the Board or
Commission on which the member
serves
A-2, B C D E, F
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28CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Position
Disclosure
Administration
Chief Administrative Officer *
Assistant Chief Administrative Officer 1, 2, 3 4 5
City Controller 1, 2, 3 4 5
Information Technology Director 4
Intergovernmental Relations Officer 4
Personnel & Employee Relations Director 4
Deputy Personnel Director 4
Personnel Analyst 4
Budget Division Manager 4
Scnior Managcmcnt Analyst/Public Information Officer ,1
Technical Services Manager 4
Management Analyst/Grants 4
Budget Management Analyst 4
Purchasing Officer 2, 3, 4, 5
Warehouse Supervisor 2, 3, 4, 5
Systems Development Manager 4
Risk Manager 4
Claims and Safety Coordinator 4
City Attorney
I 0
City Attorney
Assistant City Attorney
Assistant City Prosecutor
Deputy City Attorney I & II
Legal Operations Manager
Management Analyst/Community Outreach Coordinator
City Clerk
City Clerk
Deputy City Clerk
City Council
City Treasurer
City Treasurer
Deputy City Treasurer|1010|*
1 2, 3, 4, 5
1, 2, 3, 4 5
1,2 3 4,5
1, 2, 3, 4, 5
1 2 3 4 5
1, 2, 3, 4 5
1, 2, 3, 4 5
*
*
1 2 3, 4, 5Accounting Division Manager
1 2 3 4, 5
Accounting Division Manager - Operations 1, 2, 3, 4 5
Treasury Division Manager
1 2, 3 4 5
Community Development Department
Community Development Director
1, 2, 3, 4, 5
Deputy Community Development Director/Planning Manager
1, 2, 3, 4 5
Economic Development Administrator
1, 2, 3, 4, 5
Redevelopment Administrator
1,2 3, 4, 5
Redevelopment Project Manager
1, 2, 3, 4, 5
Redevelopment Project Specialist|1010|Real Estate Coordinator
1, 2, 3, 1, 5
Urban Designer|109| 2, 3, 4, 5
Senior Planner
1, 2, 3 4 5
1-27-347-5
Associate Planner
1, 2, 3, 5
Housing Programs Administrator
1, 2, 3, 4 5
Housing Programs Supervisor
2, 3, 4, 5
Housing Assistant
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Housing Specialist
1,4
Occupancy Specialist
1,4
Structural Rehabilitation Specialist
1,4
Building Official
1, 2, 3
Senior Building & Safety Inspector
1, 2, 3
Consultants (All Departments and Divisions)
**
Cultural Affairs Commissioners
1, 2, 3, 4, 5, 6
Fire Department
Fire Chief
1, 2, 3, 5
Assistant Fire Chief|109| 2 3, 5
Battalion Chief (including Fire Marshal)
1,2 3 5
Fire Captain (including EMS Coordinator)
1,2 3
Parks, Recreation and Community Services Department
Parks Recreation and Community Services Director
1, 2, 3, 4 5
Senior Management Analyst|1010|Parks Manager|101010|Cultural Affairs Veterans Memorial Complex Manager
Recreation Manager|1010|Senior and Social Services Manager|101010| I)3
Planning Commissioners
Police Department
Police Chief 1 2 3 4, 5
Assistant Chief 1 2 3 4 5
Police Captain 1, 2, 3, 5
Chief c Lieutenant 1,2 3 5
Police Lieutenant 1 2, 3, 5
Public Works
Public Works Director/City Engineer 1, 2, 3, 4, 5
Deputy Public Works Director/Engineering Services Manager 1,|1010|2, 3, 5
Deputy Public Works Director/Maintenance Operations Manager
Senior Civil Engineer 1,|1010|2, 3, 5
Maintenance Manager
Sanitation Manager 4
Senior Management Analyst 4
Traffic Engineer
Environmental Coordinator
1,
3,
2,3
4, 5|1010|Transportation Department
Transportation Director 4
Deputy Transportation Director 4
Senior Management Analyst 4
Equipment Maintenance Manager 4
Transit Operations Manager 4