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Home My WebLink About06 - CC-7 - Biennial Review City Conflict Interest - 9/18/2012 CITY COUNCIL AGENDA REPORT MEETING DATE: September 18, 2012 ITEM NUMBER: SUBJECT: BIENNIAL REVIEW OF CITY CONFLICT OF INTEREST CODE DATE: September 7, 2012 FROM: CHIEF EXECUTIVE OFFICE/CITY CLERK DIVISION PRESENTATION BY: BRENDA GREEN, INTERIM CITY CLERK FOR FURTHER INFORMATION CONTACT: BRENDA GREEN/714-754-5221 RECOMMENDATION: City Council approve Resolution No. 12-__ Entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING AMENDMENTS TO ITS CONFLICT OF INTEREST CODE.” BACKGROUND: The Political Reform Act in Government Code Section 87303 requires public agencies to perform a biennial review of, and amend when necessary, the agency’s Conflict of Interest Code. This year, the “designated positions” (Attachment B) have been updated to reflect positions which have been added, deleted, or undergone a title change. FISCAL REVIEW: No Fiscal Impact. LEGAL REVIEW: Legal has reviewed the documents and approved them as to form. BRENDA GREEN RICK FRANCIS Interim City Clerk Assistant CEO _______________________________________ TOM DUARTE City Attorney Distribution: Chief Executive Officer, Assistant Chief Executive Officer, City Clerk City Attorney, Staff, File Attachments: A B Resolution 12-__ Designated Positions 1 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE LIST OF DESIGNATED POSITIONS FOR THE CITY’S CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, pursuant to the California Political Reform Act of 1974 every city is required to adopt a conflict of interest code and Costa Mesa has adopted its conflicts code, which appears in Costa Mesa Municipal Code Title 2, Chapter X; and WHEREAS, the Conflict of Interest Code contains a list of City officials and employees called “designated employees” whose positions involve the making or participation in the making of decisions that may foreseeably have a material financial effect on an economic interest of the employee; and WHEREAS, the Conflict of Interest Code is required to be amended from time to time to incorporate new state law requirements and update the list of positions of designated employees; and WHEREAS, the City’s Conflict of Interest Code now needs to be amended to update the list of designated positions. BE IT RESOLVED that the Costa Mesa City Council hereby amends the list of designated positions shown on Appendix “A” with the new, revised Appendix “A” that is attached hereto and incorporated herein. PASSED AND ADOPTED this 18th day of September, 2012. ___________________________________ Eric R. Bever, Mayor ATTEST: APPROVED AS TO FORM: __________________________ _______________________________ Brenda Green, Interim City Clerk Thomas Duarte, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 12- and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of September, 2012, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 18th day of September, 2012. _________________________________ BRENDA GREEN, INTERIM CITY CLERK (SEAL) APPENDIX A The term “Designated” refers to employees or officials, set forth by position or job classifications. A designated employee or official, for the purpose of this resolution, and in compliance with the City’s Conflict of Interest Code (Costa Mesa Municipal Code Section 2-401, et al) shall include a spouse and immediate members of the family. Any person hired or promoted into a job classification included in this resolution shall become a designated employee for the purpose of the City’s conflict of Interest Code without further action of the City Council. 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