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HomeMy WebLinkAboutItem 26 - Amend Conflict of Interest Code Clerk of the Council Office https://www.santa-ana.org/cc Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Amend Conflict of Interest Code AGENDA TITLE: Amend Conflict of Interest Code, list of designated classifications required to file annual disclosure form (Statement of Economic Interests form) RECOMMENDED ACTION Adopt a resolution amending the City of Santa Ana’s Conflict of Interest Code DISCUSSION At the September 15, 2020 City Council meeting the Council adopted Resolution No. 2020-070 to comply with California State Government Code, which specifies that local agencies must review their Conflict of Interest Codes each even-numbered year. Upon further review, staff determined that the City of Santa Ana’s Conflict of Interest Code Policy needed amending to update some positions. The changes to the Conflict of Interest Code list of designated filers are reflected in the resolution attached. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action EXHIBIT(S) 1. Resolution 2. Edited Version Submitted By: Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager Resolution No. 2021-xxx Page 1 of 9 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND RESTATING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS Section 1. The City Council of the City of Santa Ana hereby finds determines and declares as follows: A The various offices, agencies, and departments of the City of Santa Ana have maintained Conflict of Interest Codes pursuant to the Political Reform Act of 1974 (California Government Code sections 81000 et seq.) since the enactment of that law. B 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. 2020-070 adopted September 15, 2020. C Certain agencies and departments of the City now desire to amend the list of designated employees in the Conflict of Interest Code set forth in Resolution No. 2020-070. Section 2. The persons holding designated positions defined in Exhibit A attached to and made part of this resolution shall file statements of economic interest pursuant to the requirements of the City’s Conflict of Interest Code. Section 3. The disclosure categories as defined in Exhibit B are attached to and made a part of this resolution. Section 4. This resolution shall supersede and replace Resolution No. 2020- 070. Resolution No. 2021-XXX Page 2 of 9 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this ______ day of April, 2021. __________________________ Vicente Sarmiento Mayor APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ____________________________ Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ________, 2021. Date: _____________________ Daisy Gomez, Clerk of the Council City of Santa Ana Resolution No. 2021-xxx Page 3 of 9 EXHIBIT A CITY OF SANTA ANA CONFLICT OF INTEREST CODE DESIGNATED POSITIONS 2021-2022 This Conflict of Interest Code is adopted for the City of Santa Ana California pursuant to the Political Reform Act of 1974 (California Government Code, Sections 81000 g.). It consists of the model code set forth in Regulation 18730 of the Fair Political Practices Commission, incorporated herein by reference, together with the following Appendix: DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Elected Officials Mayor 1 1 Councilmembers 1 1 Successor Agency Members 1 City Manager City Manager 1 1 Assistant City Manager Assistant to the City Manager 1 1 Management Assistant 1 Senior Management Assistant 1 Public Affairs Information Officer 1 Consultants 2 1 Clerk of the Council Clerk of the Council 1 Assistant Clerk of the Council 1 City Attorney City Attorney 1 1 Chief Assistant City Attorney 1 Assistant City Attorney 1 Deputy City Attorney 1 Senior Assistant City Attorney 1 Senior Legal Management Assistant 4 Resolution No. 2021-XXX Page 4 of 9 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Community Development Agency Executive Director of Community Development 1 Arts and Culture Specialist 2, 4 Community Development Analyst 2, 4 Economic Development Manager 1 Economic Development Specialist II 2, 4 Economic Development Specialist III 2, 4 Homeless Services Manager 1 Housing Authority Analyst 2, 4 Housing Authority Operations Supervisor 4 Housing Division Manager 1 Housing Programs Analyst 2, 4 Housing Specialist I 2, 6 Housing Specialist II 2, 6 Loan Specialist 2 Management Analyst 2, 4 Principal Management Analyst 1 Residential Construction Specialist 2, 5 Senior Community Development Analyst 2, 4 Senior Housing Specialist 2 Senior Residential Construction Specialist 2, 5 Workforce Specialist III 2, 4 Workforce Specialist IV 2, 4 ** Consultants (Grants) 2, 4 Finance Management Services Agency Executive Director 1 1 Accounting Manager 1 Assistant Director of Finance Management Services 1 Budget Analyst 1 Budget Supervisor 1 Administrative Services Manager 1 Management Analyst 1 Payroll Manager 1 Payroll Systems Analyst 1 Principal Management Analyst 1 Senior Budget Analyst 1 Senior Financial Analyst 1 Supervising Accountant 1 Treasury and Customer Services Manager 1 Treasury Services Supervisor 1 Budget and Research Manager 1 Resolution No. 2021-xxx Page 5 of 9 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Information Technology Department Chief Technology Innovations Officer 1 Information Services and Network Manager 1 Applications/Tech Support Manager 1 Library Services Agency Executive Director 1 Library Operations Manager 1 Principal Librarian 1 Human Resources Department Executive Director 1 Assistant Director of Human Resources 1 Benefits & Compensation Supervisor 1 Payroll Systems Analyst 1 Principal Human Resources Analyst 1 Risk Manager 1 Senior Human Resources Analyst 1 Worker’s Compensation Administrator 4 Parks Recreation and Community Services Executive Director 1 Administrative Services Manager 1 Recreation and Community Events Supervisor 1 Recreation and Community Services Manager 1 Recreation and Community Services Supervisor 1 General Maintenance Supervisor 1 Management Analyst 1 Park Services Inspection Supervisor 1 Park Services Superintendent 1 Senior Management Analyst 1 Zoo Manager 1 Zoo Curator 1 Zoo Curator of Education 1 Zoo Curator of Health 1 Resolution No. 2021-XXX Page 6 of 9 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Planning and Building Agency Executive Director 1 Administrative Services Manager 1 Assistant Director of Planning and Building 1 Assistant Plan Check Engineer I 2, 7 Assistant Plan Check Engineer II 2, 7 Assistant Planner I 2, 6, 7* Assistant Planner II 2, 6, 7* Associate Plan Check Engineer 2, 7 Associate Planner 2, 6, 7* Building Safety Manager 1 Building Technician 6 Code Enforcement Associate 6 Code Enforcement Manager 1 Code Enforcement Officer 6 Code Enforcement Principal 2, 6 Code Enforcement Supervisor 2, 6 Combination Building Inspector 6 Management Aide 2, Management Analyst 2, 4 Part-time Permit Services Technician 6 Part-time Planning Technician 2, 6, 7 Permit Services Processor 6 Permit Services Supervisor 2, 6, 7** Permit Services Technician 6 Planning Assistant 2, 6, 7 Planning Manager 1 Planning Technician 2, 6, 7 Plans Examiner Electrical 2, 6 Plans Examiner Plumbing/Mechanical 2, 6 Principal Planner 2, 6, 7** Senior Accounting Assistant 4 Senior Code Enforcement Officer 6 Senior Combination Building Inspector 6 Senior Community Planner 1 Senior Electrical Inspector 6 Senior Electrical Systems Specialist 2, 6 *** Senior Plan Check Engineer 2, 7 Senior Planner 2, 6, 7 **** Senior Plumbing / Mechanical Systems Specialist 2, 6 *** Supervisor of Inspections 2, 6, 7 Resolution No. 2021-xxx Page 7 of 9 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Police Department Police Chief 1 Correctional Manager 1 Police Administrative Manager 1 Police Captain / Deputy Chief 1 Police Communications Manager 4 Police Lieutenant /Commander 1 Police Systems Manager 1 Police Administrative Budget Manager 1 Public Works Agency Executive Director 1 Administrative Services Manager NPDES Manager 1 2, 5, 7 Assistant Public Works Maintenance Manager 1 Deputy Public Works Director/City Engineer Senior Construction Inspector Construction Inspector 1 5 5 Contracts Administrator 5 Deputy City Engineer 1 Principal Civil Engineer 2, 5, 7 Projects Manager 1 Deputy Public Works Director/ Maintenance Services Manager 1 Senior Civil Engineer 2, 5, 7 Senior Engineer Associate Engineer Civil Engineer 2, 5, 7 2, 5, 7 2, 5, 7 Stores & City Yard Property Specialist Street Maintenance Supervisor 2, 5, 7 1 Fleet Supervisor 2, 5, 7 Building Maintenance Supervisor 2, 5, 7 Tree Maintenance Supervisor 1 Deputy Public Works Director/ Water Resources Manager 1 Water Services Supervisor 1 Deputy Public Works Director/ Construction Services Manager Senior Management Analyst 1 1 Board / Commission Members Arts and Culture Commission 1 Community Development Commission 1 Environmental and Transportation Advisory Commission 1 Historic Resources Commission Members 1 Personnel Board Members 1 Parks, Recreation and Community Services Commission 1 Resolution No. 2021-XXX Page 8 of 9 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Planning Commission Members1 1 Workforce Development Board Members 1 OTHERS Successor Agency Members 1 Housing Authority Member 1 1 The Mayor, City Council, City Manager, City Attorney, Executive Director of Finance Management Services Agency, and Planning Commissioners file Economic Disclosure Form 700 with the Fair Political Practices Commission per Government Code Section 87200. 2 City Consultants shall be included when the City Manager determines in writing that a particular consultant is hired to perform duties that would constitute a “designated position”. Such written determination shall include a description of the consultant’s duties and, based upon the description, a statement of the extent of disclosure requirements. The determination by the City Manager is a public record and shall be retained for public inspection in the same manner and loca tion as this conflict of interest code. Resolution No. 2021-xxx Page 9 of 9 CITY OF SANTA ANA CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Required filers must review Form 700 Schedules and complete forms as mandated by the specific Disclosure Category designated. Disclosure Category 1: Full Disclosure Persons in this category shall disclose all applicable investments, business positions, income, any interests in real property located in the City or within a two-mile radius outside of the City limits, and, any interests in property owned or used by the City. Disclosure Category 2: Decision Making Authority Affecting Real Property Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which engage in land development, construction, or the acquisition or sale of real property; also reportable are all interests in real property located in the City and within a two-mile radius outside of the City limits or of any property owned or used by the City. Disclosure Category 3: City-wide Purchasing Responsibilities Persons in this category shall disclose applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the City Disclosure Category 4: Department/Division Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies materials, machinery, or equipment of the type utilized by the designated employee s agency, department, or division. Disclosure Category 5: Public Works/Construction Projects Responsibilities Persons in this category shall disclose all interests in and income from businesses engaged in construction, landscaping, street repair, traffic signal installation or modification or the supply of materials for any of the above. Disclosure Category 6: Regulatory Power Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from any source which is subject to the regulatory, permit, or licensing authority of the designated employee’s agency, department, or division. Disclosure Category 7: Planning and Engineering Persons in this category shall disclose all applicable investment, business positions, and income, including loans and gifts, from any source engaged in engineering, planning, and design services. CITY OF SANTA ANA CONFLICT OF INTEREST CODE DESIGNATED POSITIONS 20210-2022 This Conflict of Interest Code is adopted for the City of Santa Ana California pursuant to the Political Reform Act of 1974 (California Government Code, Sections 81000 g.). It consists of the model code set forth in Regulation 18730 of the Fair Political Practices Commission, incorporated herein by reference, together with the following Appendix: DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Elected Officials Mayor 1 1 Councilmembers 1 1 Successor Agency Members 1 City Manager City Manager 1 Assistant City Manager 1 1 Assistant to the City Manager 1 Deputy City Manager 1 Strategic Communications ManagerManagement Assistant 1 Senior Management Assistant Public Affairs Information Officer 1 1 Consultants 2 1 Clerk of the Council Clerk of the Council 1 Assistant Clerk of the Council 1 City Attorney City Attorney 1 1 Chief Assistant City Attorney 1 Senior Legal Management Assistant 4 Senior Assistant City Attorney 1 Assistant City Attorney 1 Deputy City Attorney 1 Community Development Agency Executive Director of Community Development 1 Arts and Culture Specialist 2, 4 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Community Development Analyst 2, 4 Economic Development Manager 1 Economic Development Specialist II 2, 4 Economic Development Specialist III 2, 4 Homeless Services Manager 1 Housing and Project Management Consultant 2, 4 Housing Authority Analyst 2, 4 Housing Authority Operations Supervisor 4 Housing Division Manager 1 Housing Programs Analyst 2, 4 Housing Specialist I 2, 6 Housing Specialist II 2, 6 Loan Specialist 2 Management Aide 2 Management Analyst 2, 4 Principal Management Analyst 1 Residential Construction Specialist 2, 5 Senior Community Development Analyst 2, 4 Senior Housing Specialist 2 Senior Residential Construction Specialist 2, 5 Workforce Specialist III 2, 4 Workforce Specialist IV 2, 4 ** Consultants (Grants) 2, 4 Finance Management Services Agency Executive Director 1 1 Accounting Manager 1 Assistant Director of Finance Management Services 1 Budget Analyst 1 Budget Supervisor 1 Administrative Services Manager 1 Management Analyst 1 Payroll Manager 1 Payroll Systems Analyst 1 Principal Management Analyst 1 Senior Budget Analyst 1 Senior Financial Analyst 1 Supervising Accountant 1 Treasury and Customer Services Manager 1 Treasury Services Supervisor 1 Budget and Research Manager 1 Information Technology Department Chief Technology Innovations Officer 1 Information Services and Network Manager 1 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Applications/Tech Support Manager 1 Parks Recreation and Community Services Executive Director 1 Administrative Services Manager 1 Recreation and Community Events Supervisor 1 Recreation and Community Services Manager 1 Recreation and Community Services Supervisor 1 General Maintenance Supervisor 1 Management Analyst 1 Park Services Inspection Supervisor 1 Park Services Superintendent 1 Senior Management Analyst 1 Youth Services Supervisor 1 Zoo Manager 1 Zoo Curator 1 Zoo Curator of Education 1 Zoo Curator of Health 1 Library Services Agency Executive Director 1 Library Operations Manager 1 Principal Librarian 1 Human Resources Department Department Executive Director 1 Assistant Director of Human Resources 1 Benefits & Compensation Supervisor 1 Payroll Systems Analyst 1 Risk Manager 1 Principal Human Resources Analyst 1 Senior Human Resources Analyst 1 Worker’s Compensation Administrator 4 Planning and Building Agency Executive Director 1 Administrative Services Manager 1 Assistant Director of Planning and Building 1 Assistant Plan Check Engineer I 2, 7 Assistant Plan Check Engineer II 2, 7 Assistant Planner I 2, 6, 7* Assistant Planner II 2, 6, 7* Associate Plan Check Engineer 2, 7 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Associate Planner 2, 6, 7* Building Safety Manager 1 Building Technician 6 Code Enforcement Associate 6 Code Enforcement Manager 1 Code Enforcement Officer 6 Code Enforcement Principal 2,6, Code Enforcement Supervisor 2,6 Combination Building Inspector 6 Management Aide 2, Management Analyst 2, 4 Part-time Permit Services Technician 6 Part-time Planning Technician 2, 6, 7 Permit Services Processor 6 Permit Services Supervisor 2, 6, 7** Permit Services Technician 6 Planning Assistant 2,6,7 Planning Manager 1 Planning Technician 2, 6, 7 Plans Examiner Electrical 2,6 Plans Examiner Plumbing/Mechanical 2,6 Principal Planner 2, 6, 7** Senior Accounting Assistant 4 Senior Code Enforcement Officer 6 Senior Combination Building Inspector 6 Senior Community Planner 1 Senior Electrical Inspector 6 Senior Electrical Systems Specialist 2, 6 *** Senior Plan Check Engineer 2, 7 Senior Planner 2, 6, 7 **** Senior Plumbing / Mechanical Systems Specialist 2, 6 *** Supervisor of Inspections 2, 6, 7 Police Department Police Chief 1 Correctional Manager 1 Police Administrative Manager 1 Police Captain / Deputy Chief 1 Police Communications Manager 4 Police Lieutenant/ Commander 1 Police Systems Manager 1 Police Administrative Budget Manager 1 Public Works Agency Executive Director 1 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Administrative Services Manager NPDES Manager 1 2, 5, 7 Assistant Engineer II 2, 5, 7 Assistant Public Works Maintenance Manager 1 Deputy Public Works Director/City Engineer Senior Construction Inspector Construction Inspector 1 5 5 Construction Inspector I 5 Construction Inspector II 5 Contracts Administrator 5 Deputy City Engineer 1 Principal Civil Engineer 2, 5, 7 Projects Manager 1 Deputy Public Works Director/ Maintenance Services Manager 1 Senior Civil Engineer 2, 5, 7 Senior Engineer Associate Engineer Civil Engineer 2, 5, 7 2, 5, 7 2, 5, 7 Senior Transportation Analyst Building Maintenance Supervisor Fleet Supervisor 2, 5, 7 2, 5, 7 2, 5, 7 Stores & City Yard Property Specialist Supervisor Street Maintenance Supervisor 2, 5, 7 1 Transit Program Manager 1 Tree Maintenance Supervisor 1 Deputy Public Works Director/ Water Resources Manager 1 Water Services Supervisor 1 Deputy Public Works Director/ Construction Services Manager 1 Senior Management Analyst 1 Board / Commission Members Arts and Culture Commission 1 Parks, Recreation and Community Services Commission 1 Community Development Commission 1 Environmental and Transportation Advisory Commission 1 Historic Resources Commission Members 1 Personnel Board Members 1 Planning Commission Members1 1* Workforce Development Board Members 1 Santa Ana 2018 Measure X Citizen Oversight Committee OTHERS Successor Agency Members 1 Housing Authority Member 1 1 The Mayor, City Council, City Manager, City Attorney, Executive Director of Finance Management Services Agency, and Planning Commissioners file Economic Disclosure Form 700 with the Fair Political Practices Commission per Government Code Section 87200. 2 City Consultants shall be included when the City Manager determines in writing that a particular consultant is hired to perform duties that would constitute a “designated position”. Such written determination shall include a description of the consultant’s duties and, based upon the description, a statement of the extent of disclosure requirements. The determination by the City Manager is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. CITY OF SANTA ANA CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Required filers must review Form 700 Schedules and complete forms as mandated by the specific Disclosure Category designated. Disclosure Category 1: Full Disclosure Persons in this category shall disclose all applicable investments, business positions, income, any interests in real property located in the City or within a two-mile radius outside of the City limits, and, any interests in property owned or used by the City. Disclosure Category 2: Decision Making Authority Affecting Real Property Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which engage in land development, construction, or the acquisition or sale of real property; also reportable are all interests in real property located in the City and within a two-mile radius outside of the City limits or of any property owned or used by the City. Disclosure Category 3: City-wide Purchasing Responsibilities Persons in this category shall disclose applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the City Disclosure Category 4: Department/Division Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies materials, machinery, or equipment of the type utilized by the designated employee s agency, department, or division. Disclosure Category 5: Public Works/Construction Projects Responsibilities Persons in this category shall disclose all interests in and income from businesses engaged in construction, landscaping, street repair, traffic signal installation or modification or the supply of materials for any of the above. Disclosure Category 6: Regulatory Power Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from any source which is subject to the regulatory, permit, or licensing authority of the designated employee’s agency, department, or division. Disclosure Category 7: Planning and Engineering Persons in this category shall disclose all applicable investment, business positions, and income, including loans and gifts, from any source engaged in engineering, planning, and design services.