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HomeMy WebLinkAbout06 2024 BIENNIAL CONFLICT OF INTEREST CODE REVIEW (DESIGNATED POSITIONS)Docusign Envelope ID: 7AB05F87-574B-4CBB-8B1 1 -B9D77ED61 BD7 AGENDA REPORT 1 `�► s MEETING DATE TO FROM OCTOBER 1, 2024 ALDO E. SCHINDLER, CITY MANAGER ERICA N. YASUDA, CITY CLERK Agenda Item Reviewed: City Manager Finance Director SUBJECT: 2024 BIENNIAL CONFLICT OF INTEREST CODE REVIEW (DESIGNATED POSITIONS) SUMMARY: Biennially the City is required to review the list of designated positions in the Conflict of Interest Code. Staff recommends the following changes to the list of designated filers: Aririitinnc- Deputy City Manager — Real Property (City Manager's Office) Plans Examiner (Community Development) Deputy Director of Real Property (City Manager's Office) Real Property Manager (City Manager's Office) Senior Information Technology Specialist (Finance) Human Resources Manager (Human Resources) Director of Public Works (Public Works) nplatinnc- Deputy City Manager (City Manager's Office) Director of Economic Development (Economic Development) Economic Development and Housing Manager (Economic Development) Senior Management Analyst (Human Resources) Recreation Superintendent (Parks and Recreation) Behavioral Health Bureau Commander (Police Department) Director of Public Works / City Engineer (Public Works) RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 24-63. 0 Docusign Envelope ID: 7AB05F87-574B-4CBB-8B11-B9D77ED61BD7 City Council Agenda Report 2024 Biennial Conflict Of Interest Code Review October 1, 2024 Page 2 FISCAL IMPACT: There is no fiscal impact associated with this item. CORRELATION TO THE STRATEGIC PLAN: Accurate disclosure of the designated positions in the City's Conflict of Interest Code contributes to a core value of the Strategic Plan — Transparency. The biennial review ensures that the City's Code accurately designates all positions that make or participate in making governmental decisions and helps to ensure public trust in government. BACKGROUND AND DISCUSSION: The Appendix (Designated Positions) of the City's Conflict of Interest Code defines those officials and employees who are required to file Statements of Economic Interests (Form 700). Biennially, the Designated Positions should be modified to reflect changes that have occurred in the City's Classification Plan or to reflect amendments, additions and/or deletions of positions. With the adoption of Resolution No. 24-63, the Designated Positions will be amended to reflect changes as noted above. 5Signed by: `�V'iCa qawa. 60 Erica asuda City Clerk Attachment: 1. Resolution No. 24-63 Docusign Envelope ID: 7AB05F87-574B-4CBB-8B1 1 -B9D77ED61 BD7 RESOLUTION NO. 24-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND REPEALING RESOLUTION NO. 22-45 WHEREAS, the City of Tustin has maintained a Conflict of Interest Code pursuant to the Political Reform Act of 1974 (California Government Code sections 81000 et seq.) since the enactment of that law; and WHEREAS, the last comprehensive revision of the Conflict of Interest Code of the various offices, agencies and departments of the City is set forth in City Council Resolution No. 22-45, adopted September 20, 2022; WHEREAS, certain departments of the City have amended the list of designated filers set forth in Resolution No. 22-45; and WHEREAS, it is the intention of the City Council of the City of Tustin that this Resolution supersede and replace Resolution No. 22-45; NOW THEREFORE, The City Council of the City of Tustin does hereby resolve: A. That the Appendix of the Conflict of Interest Code of the City of Tustin, is hereby amended to reflect the position title changes as noted in the exhibit. B. That the revised Appendix, attached hereto, be approved and the Conflict of Interest Code be modified accordingly. C. That pursuant to the adopted Conflict of Interest Code of the City of Tustin, the City Council, as the Code -reviewing body, hereby instructs all persons occupying a Designated Position to file with the City Clerk a Statement of Economic Interests as required: assuming position, annually, and leaving position. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 1 st day of October, 2024. AUSTIN LUMBARD, Mayor Resolution No. 24-63 Page 1 of 2 Docusign Envelope ID: 7AB05F87-574B-4CBB-8B1 1 -B9D77ED61 BD7 ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: 177Z179 ned by: DAV4&E&XENDIG City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do 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. 24-63 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1st day of October, 2024 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Resolution 24-63 Page 2 of 2 Docusign Envelope ID: 7AB05F87-574B-4CBB-8B11-B9D77ED61BD7 CONFLICT OF INTEREST CODE CITY OF TUSTIN APPENDIX- DESIGNATED POSITIONS 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 California Code of Regulations section 18730) that contains the terms of a standard conflict of interest code, which can 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 this reference, and the individuals employed by the City in the following positions are "designated employees" for purposes of those Regulations: CITY MANAGER'S OFFICE Assistant City Manager City Clerk Deputy City Manager — Real Property Deputy Director of Real Property Management Analyst I Management Analyst II Real Property Manager Senior Management Analyst COMMUNITY DEVELOPMENT Assistant Director of Community Development — Building Assistant Director of Community Development — Planning Assistant Planner Associate Planner Building Inspector Building Official Building Permit Technician Code Enforcement Officer Deputy Building Official Director of Community Development Deputy Director of Economic Development Plan Check Supervisor Plans Examiner Principal Planner Senior Building Permit Technician Resolution 24-63 Appendix 1 of 3 Docusign Envelope ID: 7AB05F87-574B-4CBB-8B11-B9D77ED61BD7 Senior Code Enforcement Officer Senior Building Inspector Senior Planner FINANCE Accountant Code Enforcement Officer Deputy Director of Finance Director of Finance Information Technology Supervisor Senior Accountant Senior Information Technology Specialist Senior Management Analyst HUMAN RESOURCES Director of Human Resources Human Resources Manager PARKS AND RECREATION Deputy Director of Parks and Recreation Director of Parks and Recreation Recreation Coordinator Recreation Supervisor Recreation Program Specialist POLICE DEPARTMENT Deputy Police Chief Police Captain Police Chief Police Lieutenant Police Support Services Manager Senior Management Analyst PUBLIC WORKS Assistant Director of Public Works Assistant Engineer Associate Engineer Deputy Director of Public Works - Engineering Deputy Director of Public Works — Operations Director of Public Works Field Services Manager Maintenance Supervisor Principal Engineer Resolution 24-63 Appendix 2 of 3 Docusign Envelope ID: 7AB05F87-574B-4CBB-8B11-B9D77ED61BD7 Public Works Inspector Public Works Manager Senior Management Analyst Senior Public Works Inspector Water Maintenance and Construction Supervisor Water Services Manager Water Treatment Supervisor COMMISSIONS/COMMITTEES Audit Commissioner Building Board of Appeals Member Community Services Commissioner Public Art Committee Member CONSULTANTS The City Manager shall determine, in writing, those consultants who shall file a Statement of Economic Interest, because they either make governmental decisions or serve in a capacity pursuant to the Political Reform Act. The City Manager shall make such determination in consultation with the City Attorney, the Director of Human Resources, and the respective Department Head. If the City Manager determines that a particular consultant must comply with the above disclosure requirements, 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 notification is a public record and shall be retained for public inspection by the City Clerk. In the alternative, the requirement may be included in the terms of any agreement for services between the consultant or the consultant's firm and the City. Note: The City Council Members, City Manager, City Attorney, City Treasurer and Planning Commissioners are not included as designated positions because those officials are required by the Political Reform Act to file broad statements of economic interest with the Fair Political Practices Commission and in conformance with Government Code Section 87200. DISCLOSURE CATEGORIES: The foregoing positions (Consultants excluded) will be assigned Disclosure Categories of I, II, and III. Category I: Investment and Real Property Disclosure. Category II: Personal Income Disclosure. Category III: Business Income, Commissions and Position Disclosure. Resolution 24-63 Appendix 3 of 3