HomeMy WebLinkAboutCC 5 CONFLICT INTEREST 02-04-91DATE:
TO:
FROM:
SUBJECT:
RECOMMENDATION:
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FEBRUARY 4, 1991
WILLIAM A. HUSTON, CITY MANAGER
ADMINISTRATIVE SERVICES DEPARTMENT
CONSENT CALENDAR NO. 5
2-4-91
Inter - Com
UPDATING DESIGNATED POSITIONS - CONFLICT OF INTEREST CODE
Adopt the attached Resolution No. 91-20 modifying the Designated Positions contained in
the Conflict of Interest Codes of the City of Tustin.
BACKGROUND:
The list of Designated Positions defines those employees and officials who are required to
file a Statement of Economic Interest Form 730. The current list has not been updated or
modified since 1986. Staff has received recent information from the Fair Political
Practices Commission requesting that the City Clerk, Assistant City Attorney and Deputy
City Attorney be added to our Designated Positions; and there have been changes and
deletions to the City's classification system.
DISCUSSION:
The following changes in Designated Positions are reflected in the Resolution:
Added Positions: City Clerk, Assistant City Attorney, Deputy City Attorney, Code
Enforcement Officer, Assistant Director of Community Development, Senior Personnel Analyst,
Senior Public Works Inspector, Public Works Inspector, Customer Services Supervisor, Water
Board and Consultant. The position of Consultant has been added at the recommendation of
the City Attorney (Attachment A).
Deleted Positions: Personnel Operations Manager, Water Services Analyst, Water Services
Manager, Water Foreman, City Planner and Maintenance Foreman (these positions have been
eliminated or replaced by the City). At the recommendation of the City Attorney, the
positions of Recreation Coordinator and Administrative Assistant have also been eliminated.
The position of Finance Director has been deleted to comply with Government Code Section
87200 amendment effective January 1, 1990 requiring "public officials who manage public
investments" to file a Form 721.
Valerie Whiteman
Chief Deputy City Clerk
Royleen A. Wh te, Director
Administrative Services
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RESOLUTION NO. 91-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING RESOLUTION NO. 81-61 TO MODIFY THE
DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF
INTEREST CODES OF THE CITY OF TUSTIN
The City Council of the City of Tustin, California, does hereby
resolve as follows:
SECTION 1. That Appendix "A" of the Conflict of Interest
Codes of the City of Tustin, approved by the City Council by the
adoption of Resolution No. 81-61, should be modified and updated.
SECTION 2. That the revised Appendix "A", attached hereto,
be approved and Resolution No. 81-61 be modified accordingly.
SECTION 3. That pursuant to Section 2.3 of the Conflict of
Interest Codes of the City of Tustin, the City Council, as the
Code -reviewing body, hereby instructs all persons occupying a
Designated Position to file Statements of Economic Interest as
required with the City Clerk's office.
PASSED AND ADOPTED by the City Council of the City of Tustin
at a regular meeting held on the 4th day of February, 1991.
Richard B. Edgar, Mayor
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 91-20
MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council
of the City of Tustin, California, does hereby certify that the
whole number of the members of the City Council of the City of
Tustin is five; that the above and foregoing Resolution No. 91-20
was duly and regularly introduced, passed and adopted at a
regular meeting of the City Council held on the 4th day of
February, 1991 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
A. TDIX "A" - DESIGNATED PO.r- ONS
CATEGORIES OF DISCLOSURE: The following positions will be assigned a
Disclosure Category of 1, 2 and 3:
COMMUNITYZADMINISTRATIVE SERVICES
Director, Community/Administrative Services
Recreation Superintendent
Recreation Supervisor
Sr. Personnel Analyst
COMMUNITY DEVELOPMENT
Director, Community Development
Assistant Director, Community Development
Building Official
Building Inspector
Code Enforcement Officer
Senior Planner
Associate Planner
Plan Checker
ENGINEERINGIPUBLIC WORKS
Director, Public Works/City Engineer
Engineering Services Manager
Maintenance Superintendent
Sr. Public Works Inspector
Public Works Inspector
Field Services Manager
FINANCE
Assistant Director, Finance
LEGISLATION
City Clerk
Chief Deputy City Clerk
Assistant City Attorney
Deputy City Attorney
POLICE
Police Chief
Police Captain
Police Lieutenant
WATER
Water Construction Superintendent
Customer Services Supervisor
Water Board
CONSULTANT*
*City Manager shall determine on a case-by-case basis whether a particular
consultant is required to comply with the disclosure requirements in this
Section. If the City Manager determines that, pursuant to the Conflict of
Interest Code, a particular consultant must comply with the disclosure
requirements in this Section, the City Manager shall notify the consultant in
writing. The written notification shall include a description of the
consultant's duties and, based upon those duties, a statement of the extent
of the 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.
a:g/desgpos
DATE: January 10, 1991
TO: VALERIE WHITEMAN, CHIEF DEPUTY CITY CLERK
FROM: CITY ATTORNEY
ATTACHMENT A
Inter - Com
SUBJECT: CONFLICT OF INTEREST CODE - UPDATING DESIGNATED POSITIONS
We have reviewed your proposed Designated Positions List and
Resolution modifying same. Although it is generally safer to have
too many designated positions rather than too few, we believe that
the proposed list is too broad.
You also indicated that perhaps the list was too extensive and
we agree. We would eliminate the following positions: Recreation
Coordinator, Maintenance Supervisor and all three Administrative
Assistant positions. We do not believe that persons in these
categories are likely to be involved in making or influencing City
decisions which may foreseeably have a material effect on their
financial interests.
We recommend that the category of Consultant be added with an
Below the listed positions, -place the "*" with the following
statement:
City Manager shall determine on a case-by-
case basis whether a particular consultant is
required to comply with the disclosure
requirements in this Section. If the City___
Manager determines that, pursuant to the
Conflict of Interest Code, a particular
consultant must comply with the disclosure
requirements of this Section, the City Manager
shall notify the consultant in writing. The
written notification shall include a
description of the consultant's duties and,
based upon those duties, a statement of the
extent of the 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.
Inter -Com to Valerie Whiteman
Page 2
January 10, 1991
This provision is proposed to be added pursuant to Title 2,
Section 18700 of the California Code of Regulations which refers
to consultants in the context of designated employees -who should
file Statements of Economic Interest. There is no bright line for
determining which consultants should file. The Fair Political
Practices Commission (FPPC) has provided the following guidance:
Consultants who prepare a product, such as a report, or perform
services for a single specific matter are not covered by the Code.
Consultants who provide more general assistance and advice on an
on-going basis may be covered by the Code. However, even this
latter type of consultant would not be covered if there is
significant intervening substantive review of the consultant's
advice or recommendations before the matter is submitted to the
final decision -maker (the City Council or City Manager) or the
consultant has no significant input or authority in the City's
decision-making.
Examples of consultants covered by the Code in the view of the
FPPC are: (1) an engineering and project management consultant
retained to provide information, advice and recommendations on
long-range electrical resource plans; (2) a computer evaluation
consulting firm retained to provide advice on a computer
implementation plan, determine potential vendors, assist in
preparing bid specifications, evaluate bid responses, etc.; and (3)
a contract County engineer -surveyor who reviews permit
applications.
Examples of consultants not covered by the Code in the FPPC's
view include: (1) an environmental consultant firm retained to
prepare an Environmental Impact Report; (2) an engineer retained
to construct a filtration system according to contract
specifications; and (3) an independent real estate appraiser
retained to value damages to a piece of property.
Using this analysis as a guideline, we recommend that the City
review the status of any City consultants and determine whether any
particular consultant is required to comply with the disclosure
requirements. If so, the City Manager should advise the consultant
in writing and require the consultant to file a Statement of
Economic Interest. We would be willing to provide any advice
regarding such determinations and encourage the City Manager to
contact us should there be any doubts.
Inter -Com to Valerie Whiteman
Page 3
January 10, 1991
You also inquired as to what the basic qualifications were for
a designated position. Essentially, they are those persons who are
likely to be involved in making or influencing City decisions which
may foreseeably have a material effect on their financial interest.
The intent of the Political Reform Act of 1974 was to prevent a
government official from participating in decisions where it
appears the official may not be totally objective because the
outcome would likely benefit an entity or an individual in which
the official has an interest. Delineating which positions should
be designated is not a simple task, but we recommend that the City
err on the side of too many designations. However, it is our
opinion that the list, as we propose, is broad enough to comply
with the Political Reform Act of 1974.
With respect to a minor editing mark, your draft Resolution
is approved. Attached is a draft of the Resolution with our
editing mark. If you should have any questions or comments, please
contact David DeBerry of this office.
ES G. ROURRE
City Attorney
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Attachment
cc: W. Huston (w/attachment)