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2024/09/24 City Council Resolution 2024-084 RESOLUTION NO.2024-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING APPENDIX A OF THE CITY OF ROHNERT PARK CONFLICT OF INTEREST CODE AND SUPERSEDING RESOLUTION 2022-097 WHEREAS, the Political Reform Act (California Government Code Section 81000, et seq.) requires public agencies to adopt and promulgate a local conflict of interest code; and WHEREAS, the Fair Political Practices Commission adopted a regulation (Title 2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code which may be incorporated by reference in an agency's Conflict of Interest Code; and WHEREAS, the Political Reform Act, Government Code Section 87306.5, requires government agencies to conduct biennial reviews of their adopted conflict of interest code; and WHEREAS, the City Council at a duly noticed meeting shall consider proposed amendments to the list of designated positions to reflect current positions and titles within the City as well as the appropriate disclosure categories associated with those positions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve as follows: 1. The above recitals are true and correct and material to this Resolution. 2. Resolution 2022-097 of the City Council of the City of Rohnert Park is hereby superseded; and 3. The City Council of the City of Rohnert Park amends Appendix A of its Conflict of Interest Code as set forth in Exhibit A, which is incorporated herein by reference and attached to this Resolution; BE IT FURTHER RESOLVED 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. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 24th day of September 2024. CITY O . ' 1 HNERT PARK Pr AP Susan H. Adams, Maygr,r,____ /—_ ATTEST: Elizabeth Machado. Assistant City Clerk AP ROVA'D S TO O M: 1 Michelle M. Kenyon, City Attorney Attachments: Exhibit A ELWARD: Q1,le RODRIGUEZ: lie SANBORN: a GIUCE: r ADAMS: At_lc_ 0 AYES:(5 ) NOES: ( ) ABSENT( DI $6 ) ABSTAIN: ( 0 ) Resolution 2024-084 Page 2 of 2 Exhibit A to Resolution CITY OF ROHNERT PARK CONFLICT OF INTEREST CODE - 2024 SECTION 1. AUTHORITY. This code is adopted pursuant to and in compliance with Section 87300 of the California Government Code. SECTION 2. STANDARDIZED CODE ADOPT ED. 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 (Title 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 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. 2024-XXX, replaces any Conflict of lnterest 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 filing officer (City Clerk), who will retain the Statements and make the Statements available for public inspection and reproduction. (Gov. Code Section 81008.) SECTION 4. EFFECTIVE DAT E. This Conflict of Interest Code shall take effect immediately upon its approval by the City Council of the City of Rohnert Park. Conflict of Interest Code History: Amended September 8, 2020 - Reso. No. 2020-081 Adopted September 23, 2008 - Reso. No. 2008-159 Amended September 14, 2010 - Reso. No. 2010-108 (Appendix A only) Amended September 11, 2012 - Reso. No. 2012-100 (Appendix A only) Amended September 23, 2014 - Reso. No. 2014-110 Amended September 13, 2016-Reso. No. 2016-092 Amended September 11, 2018-Reso No. 2018-119 Amended September 8, 2020-Reso No. 2020-081 Amended September 27, 2022-Reso. No. 2022-097 (Appendix A only) Amended September 24, 2024 -Reso. No. 2024-084 4875-1761-7379 v1 APPENDIX A Designated Positions Disclosure Category Administration Assistant City Manager 1, 2, 3 & 4 Assistant City Attorney(s) 1, 2, 3 & 4 City Clerk 3 Assistant City Clerk 3 Deputy City Clerk 3 Senior Analyst 1, 2, 3 & 4 Management Analyst I/II 1, 2, 3 & 4 Information Systems Operations Manager 1, 2, 3 & 4 Newly Created Positions and Consultants* 1, 2, 3 & 4 Community Services Director of Community Services 1, 2, 3 & 4 Recreation Division Manager 1, 2, 3 & 4 Community Services Supervisor 2 & 3 Performing Arts Center Manager 1, 2, 3 & 4 Community Services Analyst 1, 2, 3 & 4 Animal Shelter Supervisor 1, 2, 3 & 4 Development Services Director of Development Services 1, 2, 3 & 4 Deputy City Engineer 1, 2, 3 & 4 Building Division Manager/Building Official 1, 2, 3 & 4 Planning Manager 1, 2, 3 & 4 Housing Administrator 1, 2, 3 & 4 Management Analyst I/II 1, 2, 3 & 4 Finance Department Finance Director (if not serving as City Treasurer) 1, 2, 3 & 4 Finance Manager 1, 2, 3 & 4 Accounting Supervisor 1, 2 ,3 & 4 Senior Analyst 1, 2, 3 & 4 Human Resources Human Resources Director 1, 2, 3 & 4 Senior Human Resources Analyst 1, 2, 3 & 4 Public Safety Director of Public Safety 1, 2, 3 & 4 Public Safety Deputy Chief 1, 2, 3 & 4 Public Safety Lieutenant 1, 2, 3 & 4 Civilian Fire Marshal 1, 3 & 4 Support Services Manager 1, 3 & 4 Management Analyst I/II 1, 2, 3 & 4 4875-1761-7379 v1 Public Works Director of Public Works 1, 2, 3 & 4 Project Manager 2, 3 &4 Public Works Operations Manager – General Services 2, 3, & 4 Public Works Operations Manager - Utilities 2, 3 &4 Purchasing Agent 1, 2, 3 & 4 Management Analyst I/II 1, 2, 3 & 4 City Engineer 1, 2, 3 & 4 Assistant Engineer 1, 2, 3 & 4 Senior Engineer 1, 2, 3 & 4 Associate Engineer 1, 2, 3 & 4 Capital Improvement Plan Program Manager 1, 2, 3 & 4 Project Coordinator 1, 2, 3 & 4 Sustainability Manager 1, 2, 3 & 4 Environmental Coordinator 1, 2, 3 & 4 Commission and Board Members Mobile Home Parks Rent Appeals Board 1, 2, 3 & 4 Rohnert Park Financing Authority 1, 2, 3 & 4 City of Rohnert Park Foundation 1, 2, 3 & 4 Rohnert Park District 1, 2, 3 & 4 Rohnert Park Civic Commission 1, 2, 3 & 4 Successor Agency to the Community Development Commission 1, 2, 3 & 4 Building Appeals Board 1, 2, 3 & 4 SOMO Design Review Board 1, 2, 3 & 4 Downtown Design Review Board 1, 2, 3 & 4 87200 Filers City Council** 1, 2, 3 & 4 City Manager 1, 2, 3 & 4 City Attorney 1, 2, 3 & 4 Finance Director/City Treasurer 1, 2, 3 & 4 Planning Commissioners 1, 2, 3 & 4 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. *Newly created positions and consultants shall be included in the list of designated positions. Consultant shall have the meaning defined in FPPC Regulation 18700.3, and shall include any person who pursuant to a contract with the City either has authority to directly make any governmental decision, or participates in the making of a governmental decision by providing information, an opinion, or a recommendation to any governmental decision-maker (including the City Manager or City staff with contracting authority) without significant intervening substantive review. Such consultants and persons in newly created positions shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitations: 4875-1761-7379 v1 The City Manager may determine in writing that a particular newly created position or 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. **City Council Members file an expanded Statement of Economic Interest as they also serve as the Rohnert Park Financing Authority, City of Rohnert Park Foundation, Rohnert Park District, Rohnert Park Civic Commission, and Successor Agency to the Community Development Commission. 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 (Schedules Al, A2, B, C, D, E) Must Report: All investments, interest in real property, income including, gifts, loans, and travel payments, 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 (Schedule Al, A2, C, D, E) 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 including, gifts, loans, and travel payments 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 (Schedule Al, A2, C, D, E) 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 including, gifts, loans, and travel payments 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 (Schedule A2, C, D, E) Must Report: Income including, gifts, loans, and travel payments 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.