2008/09/23 City Council Resolution 2008-159RESOLUTION NO. 2008-159
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ADOPTING A CONFLICT OF INTEREST CODE
FOR THE CITY OF ROHNERT PARK
WHEREAS, the Political Reform Act (California Government Code section 81000, et
seq.) requires public agencies to adopt and promulgate conflict of interest codes;
WHEREAS the Fair Political Practices Commission has adopted a regulation (2 Cal.
Code of Regs. Section 18730) that contains the terms of a standard conflict of interest code and
may be incorporated by reference in an agency's conflict of interest code;
WHEREAS, the Political Reform Act, Government Code Section 87306.5, requires
government agencies to conduct biennial reviews of their Conflict of Interest Codes;
WHEREAS, the terms of the City's Conflict of Interest Code are currently codified under
Chapter 2.60 of the Rohnert Park Municipal Code;
WHEREAS, the disclosure categories and the list of designated positions required to file
statements of economic interest under the Conflict of Interest Code are established by resolution;
WHEREAS, staff has determined that amendments to the list of designated positions are
necessary; and
WHEREAS, integrating the Conflict of Interest Code and its disclosure categories and
list of designated positions into one complete document, adopted by resolution, will ensure that
the terms of the City's Conflict of Interest Code are in compliance with Regulation 18730 and
will eliminate the need to amend the City's Conflict of Interest Code through adoption,
publication and codification of an ordinance.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby resolve
as follows:
SECTION 1. In compliance with Government Code Section 87300, the City Council of
the City of Rohnert Park hereby adopts the Conflict of Interest Code for the City of Rohnert
Park, attached hereto and incorporated herein as Exhibit A, which incorporates by reference 2
California Code of Regulations Section 18730. These provisions, together with Appendices A
and B attached to Exhibit A, constitute the Conflict of Interest Code for the City of Rohnert Park.
SECTION 2. This Conflict of Interest Code shall be applicable to the specified positions
listed in Appendix A as Designated Positions. All individuals holding positions specified in
Appendix A are hereby designated as local agency officials as set forth in Government Code
section 53234(c)(2) and are subject to the ethics training requirements set forth in Government
Code section 53235.1.
SECTION 3. This resolution replaces any prior Conflict of Interest Code for the City of
Rohnert Park previously in effect.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 23rd day of September, 2008.
ATTEST:
iAAL
Clerk "I
CITY OF ROHNERT PARK
BREEZE: AYE SMITH: AYE STAFFORD: ABSENT VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)
CONFLICT OF INTEREST CODE FOR
[41 11' 11*9 W40—m'.W m, 941
SECTION 1. AUTHORITY. This code is adopted pursuant to and in compliance with
Section 87300 of the California Government Code.
SECTION 2. STANDARDIZED CODE ADOPTED. 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) that contains the terms of a standard conflict of
interest code and may be incorporated by reference in an agency's code. After public notice and
hearing, the standard code may be amended by the Fair Political Practices Commission to
conform to amendments in the Political Reform Act.
Therefore, the terms of 2 California Code of Regulations Section 18730 and any
amendments to it duly adopted by the Fair Political Practices Commission are hereby
incorporated by reference. This regulation, and the attached Appendices designating positions
and establishing disclosure requirements, shall constitute the Conflict of Interest Code of the City
of Rohnert Park. This Conflict of Interest Code of the City of Rohnert Park, adopted by
Resolution No. 2008 -159, replaces any Conflict of Interest Code of the City of Rohnert Park,
previously in effect.
SECTION 3. STATEMENTS OF ECOMONIC INTEREST. Individuals holding
designated positions shall file their Statements of Economic Interest (Statements) with the City
Clerk, who will retain the Statements and make the Statements available for public inspection
and reproduction. (Gov. Code Section 81008.)
SECTION 4. EFFECTIVE DATE. This Conflict of Interest Code shall take effect
immediately upon its approval by the City Council of the City of Rohnert Park.
EXHIBIT A
APPENDIX A
Designated Positions
Disclosure Category
Mobile Home Parks Rent Appeals Board
1, 2, 3, & 4
Assistant City Manager
1, 2, 3, & 4
Assistant City Attorneys
1, 2, 3, & 4
City Clerk
3
Deputy City Clerk
3
Director of Engineering Services / City Engineer
1, 2, 3, & 4
Deputy City Engineer
1, 2, 3, & 4
Senior Engineering Technician
1, 3, & 4
Director of Community Development
1 & 4
Senior Planner
1 & 4
Building Official
1, 3, & 4
Deputy Chief Building Official
1, 3, & 4
Housing & Redevelopment Manager
1,2
Housing & Redevelopment Assistant
3
Accounting Manager
1, 2, 3, & 4
Management Analyst [Finance]
1, 2, 3, & 4
Human Resources Analyst
3,4
Utilities /General Services Director
1, 2, 3, & 4
Public Works Services Supervisor -Utilities
2, 3, & 4
Public Works Inspector
1, 3, & 4
Managing Director of the Performing Arts Center
3
Director of Public Safety
1, 2, 3, & 4
Public Safety Commanders
1, 2, 3, & 4
Public Safety Lieutenants
1, 2, 3, & 4
Fire Marshal
1, 3, & 4
Purchasing Agent
1, 2, & 3
Recreation Services Manager
2 & 3
Recreation Supervisors
2 & 3
Consultants who make recommendations directly to the City
Council, Boards, and Commissions
*Consultants shall be included in the list of designated positions and shall disclose pursuant to the
broadest disclosure category in the code subject to the following limitations:
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
comply fully with the disclosure requirements 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.
NOTE: The City Council, City Manager, City Attorney, Finance Director /City Treasurer and
Planning Commissioners are not included as "designated positions" as the disclosure obligations for
these positions are set forth in Government Code Section 87200, et seq.
H:FPPC:Appendix A w changes Final 2008
APPENDIX B
DISCLOSURE CATEGORIES
An investment, interest in real property, or income is reportable if the business entity in which.
the investment is held, the interest in real property, or the income or source of income may likely
be affected materially by any decision made or participated in by the designated person because
of his or her position.
Category 1
Must Report: All investments, interest in real property and income, and any business entity in
which the person is a director, officer, partner, trustee, employee, or holds any position of
management. Financial interests are reportable only if located within or subject to the
jurisdiction of the city or if the business entity is doing business or planning to do business in the
jurisdiction or has done business within the jurisdiction at any time during the two years prior to
the filing of the statement.
Category 2
Must Report:
A. Investments in any business entity located outside of the jurisdiction of the city if the
business entity does business with the city on a regular basis and if the designated
person occupies a position that has any discretion in recommending with whom such
business shall be placed or conducted.
B. Each source of income received under Subsection A above.
C. His or her status as a director, officer, partner, trustee, employee, or any position of
management in any business entity defined in Subsection A above.
Category 3
Must Report:
A. Investments in any business entity which, within the last two years, has contracted or
in the foreseeable future may contract with the city to provide services, supplies,
materials, machinery, or equipment to the city.
B. Income from any source which, within the last two years, has contracted or in the
foreseeable future may contract with the city to provide services, supplies, materials,
machinery, or equipment to the city.
C. His or her status as a director, officer, partner, trustee, employee, or holder of a
position of management in any business entity, which, within the last two years, has
contracted or in the foreseeable future may contract with the city to provide services,
supplies, materials, machinery, or equipment to the city.
Category 4
Must Report:
A. Income received by a designated person from any labor organization or employee
organization which represents employees employed by the city and which organization
negotiates with the city as a representative of employees of the city regarding wages,
compensation, hours of work, working conditions, or other terms and conditions of
employment.