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Home My WebLink About00-18 Amending Conflict of Interest CodeORDINANCE NO. 00- if AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER X OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO THE CONFLICT OF INTEREST CODE. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter X of Title 2 of the Costa Mesa Municipal Code is hereby amended to read as follows: "CHAPTER X. CONFLICT OF INTEREST CODE. Sec. 2-401. Purpose and Incorporation of State Regulations. 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. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it 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 Appendix A designating officials and employees and establishing disclosure categories shall constitute the conflict of interest code of the City of Costa Mesa. Sec. 2-402. Designated Positions and Disclosure Statements. (a) The positions listed on Appendix "A" are designated positions. Officers and employees holding those positions are designated employees and are deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. (b) As set forth in Appendix A, designated employees shall file their disclosure statements with the City Clerk's Office of the City which will make the statements available for public inspection and reproduction as required by Government Code section 81008, and any amendments thereto. Statements for all designated employees will be retained by the City Clerk's Office of the City.. (c) All designated employees required to submit a statement of financial interests shall file the original with the City Council of the City of Costa Mesa, or its duly authorized agent. Sec. 2-403. Manner of Disqualification. Designated employees must disqualify themselves from making or participating in the making of any decisions which will foreseeably have a material financial effect , distinguishable from its effect on the public generally, on any reportable interest in that employee (except sources of gifts less than two hundred fifty dollars ($250.00)). No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. Sec. 2-404. Definition of Terms. Except as otherwise provided, the definitions contained in the Political Reform Act of 1974 (Government Code section 8100 et seq.), the regulations of 2 the Fair Political Practices Commission, and any amendments to the act or regulations, shall be incorporated into this conflict of interest code. Sec. 2-405. Reserved. Section 2. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City -Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. Section 3. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this 3 Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 20th day of November, 2000. ATTEST: Cit CI of the Y City of C sta Mesa Ma r APPROVED AS TO FORM: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 00- IS was introduced and considered section by section at a regular meeting of said City Council held on the 6th day of November, 2000, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 20th day of November, 2000, by the following roll call vote: AYES: (� IONf} l�AJfl� Cd OLc>%�� R rCKSOtiJ oJO lYl �� l !l(a4 NOES: TJpAvr- ABSENT: /v�o//E IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 9-1 5T day of did V. , 2000. CONFLICT.52 (9-11-98) 5 Deputy Citylerk and ex -officio Clerk of the ity Council of the City of Costa Mesa APPENDIX A Designated employees or officials are set forth by position or job classification and are intended to include one or more persons where one or more appointments have been or will be made to a classified position. A designated employee or official, for the purpose of this ordinance, shall include a spouse and immediate members of the family. Any person hired or promoted into a job classification included in this ordinance shall become a designated employee for the purposes of this ordinance without further action of the City Council. DEPARTMENT REPORTING CATEGORY Administrative Services Administrative Services Director All Management Information Services Manager All Central Services Manager All Telecommunications Manager All Recreation Manager All Personnel Manager All Risk Manager- All Management Analyst All City Attorney Assistant City Attorney All Deputy City Attorney All Ci, Manager Executive Assistant to the City Manager All Neighborhood Improvement Manager All Management Analyst All CDBG/HOME Coordinator All Deputy City Clerk All Development Services Development Services Director. All Assistant Development Services Director All Planning and Redevelopment Manager All Senior Planner All Associate Planner All Assistant Planner All Building Official All Chief Building Inspector All Chief Electrical Inspector All Chief Plumbing & Mechanical Inspector All Building Inspector All DEPARTMENT REPORTING CATEGORY Development Services (Cont.) Electrical Inspector All Chief Plans Examiner All Plan Checker All Code Enforcement Officer 1&4 Plan Checker (Consultant) All Chief of Inspection All Chief of Code Enforcement All Building Technician I & II All Combination Inspector All "Contract" Permit Technician All Plan Check Engineer All Finance Assistant Finance Director Budget Research Officer All Accounting Supervisor All Purchasing Supervisor All Buyer All Revenue Supervisor All Revenue Investment Specialist All Tax Auditing Specialist 1&4 Business License Inspector 1 & 4 Fire Fire Chief All Deputy Fire Chief All Battalion Chief All Fire Division Chief/Fire Marshal All Fire Protection Analyst All Management Analyst All Hazardous Materials Specialist (Consultant) All Police Police Chief All Police Captain All Police Administrative Services Commander All DEPARTMENT Public Services Department Director of Public Services/City Engineer Assistant City Engineer Transportation Services Manager Construction Inspector Project Administration Manager Chief Construction Inspector Assistant Engineer Associate Engineer Maintenance Services Manager Parks Project Manager Contract Administrator REPORTING CATEGORY All All All All All All All All All All All