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Home My WebLink About- - Biennial Review of City's COI Code - 9/21/2010CITY COUNCIL AGENDA REPORT MEETING DATE: September 21, 2010 SUBJECT: Biennial Review of the City's Conflict of Interest Code DATE: September 14, 2010 FROM: City Manager PRESENTATION BY: Julie Folcik, City Clerk FOR FURTHER INFORMATION CONTACT: Julie Folcik, City Clerk (714) 754-5221 RECOMMENDATION: ITEM NUMBER:i V1'11 Adopt Resolution updating the City's Conflicts of Interest Code's list of designated employees. BACKGROUND: As required by the Political Reform Act every local agency is to review its conflict of interest code biennially to determine its accuracy. As referenced in the City's Conflict of Interest Code\(Costa Mesa Municipal Code Section 2-401) a resolution may be adopted to update the list of "designated positions and employees" who are deemed to make, or participate in making, decisions that may foreseeably have a material financial effect on economic interest of the employee. ANALYSIS: A review of the City departments was recently conducted to determine the changes that must be made to the list of designated employees who are required to file the annual conflict of interest forms. It was determined that there were no changes reported for the City Attorney's Office, Finance, and Police departments. For the departments of City Manager's Office, Finance Department, the Fire Department and the Public Services Department there were six positions that were deleted, and one position title that was revised. This Resolution (Exhibit A) updates the list of designated employees pursuant to Section 2-401 of Title 2, Chapter X, of the Costa Mesa Municipal Code. ALTERNATIVES CONSIDERED: State law requires the biennial review and updating of the list of designated employees. FISCAL REVIEW: There is no fiscal impact. LEGAL REVIEW: This report and resolution was reviewed and approved as to form by the City Attorney. - -CONCLUSION:- -- ----- - - ---- - - - - - - -- - — - - As required by the Political Reform Act a review was conducted of the City's conflict of interest code. It is requested that the Council adopt this Resolution which appropriately updates the list of designated employees required to file under the established provisions. JILIE FOLCK ALMNROEDCR City Clerk City Manager DISTRIBUTION: Allan Roeder, City Manager Thomas R. Hatch, Assistant City Manager ATTACHMENT: 1. Resolution revising the List of Designated Positions for the City's Conflict of Interest Code. RESOLUTION NO. 10- 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 —- 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 21 st day of September, 2010. Allan R. Mansoor, Mayor ATTEST: APPROVED AS TO FORM: Julie Folcik, City Clerk Kimberly Hall Barlow, City Attorney 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 10- and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 21St day of September, 2010, 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 22nd day of September, 2010. , (SEAL) JULIE FOLCIK, CITY CLERK 3 APPENDIX A The term "Designated" refers to employees or officials, set forth by position or job classifications, and are intended to include one or more persons where one or more appointments have been or will be made to a classification/position. 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-CityCouncil. DEPARTMENT/POSITION TITLES REPORTING CATEGORY Administrative Services Director All Management Information Services Manager All Telecommunications Manager All Recreation Manager All Human Resources Manager All Human Resources Administrator All Human Resources Analyst All Principal Human Resources Analyst All Management Analyst All Assistant City Attorney All Deputy City Attorney All CitMana er'sOffice%% All Assistant City Manager All Legislative and P blip Affairs Manage A4 Neighborhood Improvement Manager All Management Analyst All CDBG/HOME Coordinator All City Clerk All Development Service Director All Assistant Development Services Director All Principal Planner Al[ Senior Planner All Associate Planner All Assistant Planner All Building Official All Building Inspector All 0 Senior Electrical Inspector All Senior Plumbing /Mechanical 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 Building Inspector All Plan Check Engineer All Plan Review Consultants All Management Analyst All Permit Processing Specialist All Assistant Finance Director All Budget Research Officer All Accounting Supervisor All Purchasing Supervisor All Buyer All Revenue Supervisor All Revenue Investment Cnnr.i A4 Grant AdmffinistFatef Y"F4 Tax Auditing Specialist 1 &4 Business I inonSo InspeGtGr 4-&4 Fire Chief All Deputy Ciro Chief A4 Battalion Chief All Deputy Ciro Gh*eVF=iro Marsiqa4 A4 Fire Protection Analyst All Management Analyst All Hazardous Materials Specialist (Consultant) All Police Chief All Police Captain All Police Administrative Services Commander All Director of Public Services All City Engineer All Senior Engineer All Transportation Services Manager All Construction Inspector Chief Construction Inspector Assistant Engineer Associate Engineer Maintenance Services Manager Cniniieui Da.ai-L RaR AdmffinistFater Facilities and Equipment Supervisor Contract Administrator Parks and Recreation Commission W All All All All All A4 All All All