HomeMy WebLinkAboutCC 5 CONFLICT INTEREST 02-04-91DATE: TO: FROM: SUBJECT: RECOMMENDATION: c� —4/-�/ 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 1 2 3 4 5 6i 7 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 26 27 28 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 DAD:cj♦:R:1/10/91:C\881 Attachment cc: W. Huston (w/attachment)