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HomeMy WebLinkAbout04 SHA CONFLICT OF INTEREST CODE1018112 HOUSING AUTHORITY OF THE CITY OF SANTA ANA ACTING AS SUCCESSOR HOUSING AGENCY RESOLUTION N0.2012- A RESOLUTION OF THE HOUSING AUTHORITY ACTING AS SUCCESSOR HOUSING AGENCY FOR THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ADOPTING A CONFLICT OF INTEREST CODE FOR THE SUCCESSOR HOUSING AGENCY AND DIRECTING STAFF TO SUBMIT IT TO THE CITY COUNCIL OF THE CITY OF SANTA ANA AS THE CODE REVIEWING BODY PURSUANT TO THE CALIFORNIA POLITICAL REFORM ACT BE IT RESOLVED BY THE MEMBERS OF THE HOUSING AUTHORITY ACTING AS SUCCESSOR HOUSING AGENCYOF THE CITYOF SANTAANA, AS FOLLOWS: Section 1. The Housing Authority of the City of Santa Ana, acting as the Successor Housing Agency forthe former Community Redevelopment Agency, hereby finds, determines and declares as follows: A. The California state legislature enacted ABx1 26 to dissolve redevelopment agencies. The Redevelopment Agency of the City of Santa Ana was dissolved and the City Council adopted a resolution on January 9, 2012, declaring that the Housing Authority of the City of Santa Ana would act as the Successor Housing Agency forthe former Community Redevelopment Agency ("Successor Housing Agency"). B. The Successor Housing Agency is deemed a local entity for purposes of the Political Reform Act. C. Pursuant to the Political Reform Act and regulations promulgated thereunder by the Fair Political Practices Commission ("FPPC"), a newly established entity is required to adopt a conflict of interest code. D. The Successor Housing Agency finds and determines that it is appropriate to adopt as its conflict of interest code the model conflict of interest code promulgated by the FPPC as set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR HOUSING AGENCY FOR THE FORMER COMMUNITY REDEVELOPMENTAGENCY OF THE CITY OF SANTA ANA: Section 2. The foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Section 3. Pursuant to the Political Reform Act of 1974, Government Code Section 87300 et seq., and Section 18730 of Title 2 of the California Code of Regulations, the Successor Housing Agency adopts the model conflict of interest code promulgated by the Fair Political Practices Commission of the State of California as set forth in Section 18730 of Title 2 of the California Code of Regulations, which model conflict of interest code is incorporated herein by reference, and which together with the list of designated positions and the disclosure categories applicable to each designated position as set forth in Exhibit A to this Resolution, collectively constitutes the Successor Housing Agency Board's conflict of interest code. As the model conflict of interest code set forth in Section 18730 of Title 2 of the California Code of Regulations is amended from time to time by State law, regulatory action of the FPPC, or judicial determination, the portion of the Successor Housing Agency Board's conflict of interest code comprising the model conflict of interest code shall be deemed automatically amended without further action to incorporate by reference all such amendments to the model conflict of interest code so as to remain in compliance therewith. Nothing in this Resolution shall supersede the independent applicability of Government Code Section 87200. Section 4. The definitions contained in the Political Reform Act of 1974 and in the regulations of the Fair Political Practices Commission and any amendments to either of the foregoing, are incorporated by reference into this conflict of interest code. Section 5. 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 this Conflict of Interest Code. Section 6. The disclosure categories as defined in Exhibit B are attached to and made a part of this resolution. Section 7. The code reviewing body for this conflict of interest code shall be the City Council of the City of Santa Ana. This conflict of interest code shall be promptly submitted after its adoption by the Clerk of the Council to the City Council of the City of Santa Ana. Statements of economic interests shall be filed by Successor Housing Agency Board members with the Clerk of the Council. Section 8. The Successor Housing Agency finds and determines that the persons holding the positions set forth on Exhibit A make or participate in the making of decisions which may forseeably have a material effect on financial interests. Section 9. Each person holding a designated position set forth in Exhibit A shall report in every disclosure category set forth in the statement of economic interests promulgated by the FPPC to the extent such category is applicable to such person pursuant to the rules and regulations of the FPPC. The disclosure categories as promulgated by the FPPC may be amended from time to time and such amendments shall not require an amendmentto this code or Resolution. Section 10. Nothing contained in this Resolution is intended to modify or abridge the provisions of the Political Reform Act of 1974, Government Code Section 87000 et seq., or FPPC Regulations, Title 2 California Code of Regulations including Sections 18700et seq. The provisions of this Resolution are additional to the Political Reform Act and FPPC Regulations. This Resolution shall be interpreted in a manner consistent with the Political Reform Act and FPPC Regulations. In the event of any inconsistency between the provisions of this Resolution, and the Political Reform Act andlor the FPPC Regulations, the provisions of the Political Reform Act and FPPC Regulations shall govern. Section 11. If any section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Successor Housing Agency hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more section, subsection, sentence, clause, phrase or word may be declared invalid. Section 12. This Resolution shall take effect immediately upon its adoption by the Successor Housing Agency Board, and the Recording Secretary for the Authority shall attest to and certify the vote adopting this Resolution. ADOPTED this day of Boardmembers: Miguel A. Pulido Chair APPROVED AS TO FORM: Sonia R. Carvalho Housing Authority General Counsel By: Lisa E. Storck Assistant Counsel AYES: NOES: ABSTAIN NOT PRESENT: Boardmembers: Boardmembers: Boardmembers: 2012. CERTIFICATION OF ATTESTATIONAND ORIGINALITY I, Maria D. Huizar, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2012- to be the original resolution adopted by the Housing Authority acting as the Successor Housing Agency on October , 2012. Date: Maria D. Huizar, Recording Secretary Housing Authority Acting as Successor Housing Agency HOUSING AUTHORITY OF THE CITY OF SANTA ANA ACTING AS SUCCESSOR HOUSING AGENCY CONFLICT OF INTEREST CODE DESIGNATED POSITIONS 2012-2014 EXHIBIT A This Conflict of Interest Code is adopted for the City of Santa Ana as Successor Housing Agency 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 1 FILERS DISCLOSURE CATEGORY Elected Officials Mayor ~ Councilmembers ~ Office of the City Manaaer City Manager ~ Assistant City Manager Assistant to the City Manager Executive Director of External Affairs Consultants 2 Office of the Clerk of the Council Clerk of the Council 1 Office of the City Attorney City Attorney ~ 1 Chief Assistant City Attorney 1 Senior Legal Management Assistant 4 SeniorAssistant CityAttorney 1 Assistant City Attorney 1 Deputy City Attorney 1 Community DevelopmentAgency Executive Director of Community Development Assistant Director of Community Development Community Development District Manager DESIGNATED EMPLOYEES 1 FILERS DISCLOSURE CATEGORY Economic Development Manager 1 Economic Development Specialist II 2, 4 Economic Development Specialist II 2, 4 Economic Development Specialist III 2, 4 Employment Services Fiscal Specialist 4 Housing Authority Analyst 2, 4 Housing Authority Coordinator 2, 4 Housing Authority Operations Supervisor 4 Housing Division Manager 1 Housing Programs Analyst 2, 4 Housing Programs Coordinator 2, 4 Housing Specialist I 2, 6 Housing Specialist II 2, 6 Loan Specialist 2 Management Aide 2 Management Analyst 2, 4 Redevelopment Program Manager 1 Redevelopment Project Assistant 4, 2 Redevelopment Project Manager I 2, 4, 5 Redevelopment Project Manager II 2, 4, 5 Redevelopment Project Manager III 1 Residential Construction Specialist 2, 5 Senior Community Development Analyst 2, 4 Senior Housing Specialist 2 Senior Management Analyst 2, 4 Senior Management Assistant 2, 4 Finance ManaaementServices Aaenc Executive D i rector ~ 1 Accounting Manager 1 Administrative Services Manager 1 Assistant Director of Finance Management Services 1 Budget and Research Manager 1 Financial Analyst 3 Treasury Manager 1 Treasury Services Supervisor 1 Board I Commission Members City of Santa Ana as Successor Housing Agency Board 1 Members ~ 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 AS SUCCESSOR HOUSING AGENCY CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES EXHIBIT B 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 atwo-mile radius outside of the Cify 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 atwo-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: DepartmentlDivision 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 WorkslConstruction 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 orthe 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.