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CC RESOLUTION 5309RESOLUTION NO.5309 A RESOLUTION ADOPTING THE 2022 CONFLICT OF INTEREST CODE FOR THE CITY OF EL SEGUNDO IN ACCORDANCE WITH THE POLITICAL REFORM ACT. The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The Political Reform Act (Gov't. Code §§ 81000, et seq.; the "PRA") and regulations adopted pursuant to the PRA (2 Cal. Code of Regs. §§ 18700, et seq.; "FPPC Regs.") require local governments adopt conflict of interest codes. B. Section 18730 of the FPPC Regs. sets forth a standard conflict of interest code that may be adopted by local agencies. C. On or about January 4, 2022, the City Clerk's Office conducted a review of the City's conflict of interest code in accordance with Government Code § 87306.5 and determined that changes to the code were needed at that time. D. To fulfill its obligations under the PRA and FPPC Regs., the City Council will repeal Resolution No. 5118, adopted December 4, 2018 and adopt a new conflict of interest code as set forth below. SECTION 2: 2022 Conflict of Interest Code; Generally. FPPC Regs. § 18730 is adopted by reference as the City of El Segundo's 2022 Conflict of Interest Code. Except as modified in this Resolution, all requirements of FPPC Regs. § 18730 apply as if fully set forth in this Resolution. SECTION 3: 2022 Conflict of Interest Code; Changes. The 2022 Conflict of Interest Code includes the following changes: A. The term "Appendix," as used in FPPC Regs. § 18730, refers to Section 4 of this Resolution. SECTION 4: Designated Officials, Employees and Consultants. For purposes of FPPC Regs. § 18730, designated employees and consultants are set forth below: A. Designated Officials and Employees: The positions listed below are designated positions. Officers and employees holding those positions are designated employees and are deemed to make or participate in making decisions which may foreseeably have a material effect on a financial interest. Disclosure includes specific types of investments, business positions, interests in real property, and sources of income which may foreseeably be materially RESOLUTION 5309 PAGE 1 of 6 affected by any decision made or participated in by the designated employee. Such disclosures must be made at the times and circumstances described by the City's Conflict of Interest Code. Designated employees must disclose all interests as required by the PRA and regulations promulgated thereto. When a new position classification is created by the Human Resources Department for City Council approval, the Human Resources Department will recommend that the City Council decide whether the new position will be required to file a Statement of Economic Interest and be included as a designated position in the Conflict of Interest Code. When the City Council establishes a Commission, Committee, or Board, the City Council will decide whether the members of the Commission, Committee or Boards be included as a designated position in the Conflict of Interest Code and the members of the Commission, Committee or Board so designated by the City Council, will be required to file a Statement of Economic Interest. COUNCIL, COMMISSIONS, COMMITTEES, &BOARDS Members of the City Council Members of the Planning Commission Members of the Arts and Culture Advisory Committee Members of the Capital Improvement Program Advisory Committee Members of the Environmental Committee Members of the Investment Advisory Committee Members of the Library Board of Trustees Members of the Recreation & Parks Commission Members of the Senior Citizen Housing Board OFFICE OF THE CITY MANAGER: City Manager Assistant City Manager Deputy City Manager Emergency Management Coordinator OFFICE OF THE CITY ATTORNEY: City Attorney Assistant City Attorney OFFICE OF THE CITY CLERK: City Clerk Deputy City Clerk II RESOLUTION 5309 PAGE 2 of 6 OFFICE OF THE CITY TREASURER: * City Treasurer Deputy City Treasurer II FINANCE DEPARTMENT: Chief Financial Officer Finance Manager Accounting Manager Revenue Manager Manager Purchasing Agent Risk Manager FIRE DEPARTMENT Fire Chief Fire Marshal Environmental Safety Manager Battalion Chief Senior Management Analyst HUMAN RESOURCES DEPARTMENT Director of Human Resources Human Resources Manager INFORMATION SYSTEMS DEPARTMENT Director of Information Systems Information Systems Manager COMMUNITY SERVICES DEPARTMENT Community Services Director LIBRARY DIVISION: Librarian II Senior Librarian RECREATION AND PARKS DIVSION Park Maintenance Superintendent Recreation Superintendent Senior Administrative Analyst RESOLUTION 5309 PAGE 3 of 6 DEVELOPMENT SERVICES DEPARTMENT: Director of Development Services Planning Manager Building Safety Manager Principal Planner Assistant Planner Associate Planner Senior Plan Check Engineer Plan Check Engineer Senior Building Inspector Building Inspector I Code Compliance Inspector License Permit Specialist II License Permit Specialist I POLICE DEPARTMENT Police Chief Police Captain PUBLIC WORKS DEPARTMENT Director of Public Works City Engineer Assistant City Engineer Principal Engineer General Services Manager Street Maintenance Supervisor Water Supervisor Wastewater Supervisor Senior Management Analyst Management Analyst * Listed in the code for information purposes only. These positions file under Government Code Section 87200 with the Fair Political Practices Commission. B. Consultants: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that requires the consultant to fully comply with the disclosure requirements described in this section. Such written determination must include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager determination is a public record and must be retained for public inspection in the same manner and location as this conflict of interest code. RESOLUTION 5309 PAGE 4 of 6 SECTION 5: Statement of Economic Interests: Place of Filing. Designated employees must file Statements of Economic Interests with the City of El Segundo, on forms created by the Fair Political Practices Commission, in conformance with the individual disclosure categories and state guidelines, when requested by the City Clerk. The City Clerk will retain custody of the Statements and make them available for public inspection and reproduction. Designated employees listed in the Code with an asterisk (*) must either file their Statements directly with the Fair Political Practices Commission in conformance with state guidelines, or file an electronic copy of their Statement of Economic Interest with the City Clerk, using the City's e-filing system, Netfile, which automatically files the document with the California Fair Political Practices Commission. All other designated employees must use the city's e-filing program, Netfile, to file their Statement of Economic Interest with the City Clerk. SECTION 8: Disclosure and Disqualification — Interest and Positions in Non -Profit Organizations. Whenever a disclosure category requires disclosure of specific financial interests or positions in business entitles, disclosure of equivalent financial interests or positions in non-profit organizations is required. Disqualification must be required as to a disclosed interest or position in a non-profit organization whenever disqualification would have been required as a result of an equivalent financial interest or position in a business entity. SECTION 7: Travel Payments, Advances and Reimbursements. If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to Government Code § 87207, it may be reported on a separate travel reimbursement schedule which must be included in the filer's statement of economic interests. A filer who chooses not to use the travel schedule must disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. SECTION 8: Resolution No. 5881 (adopted December 04, 2018) and any other resolution or policy purporting to establish a conflict of interest code, are superseded by this Resolution and thus repealed in their entirety. SECTION 8: Repeal of any provision of any resolution or policy herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution. SECTION 10: The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. SECTION 11: This Resolution will become effective immediately upon adoption. RESOLUTION 5309 PAGE 5 of 6 PASSED AND ADOPTED this 1st day of February 2022, Drew B , Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 5309 was duly passed, approved, and adopted by said City Council, at a regular meeting of said Council held on the 1st day of February 2022, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member Nichol, and Council Member Giroux NOES: None ABSENT: None ABSTAIN: None (Ultn iu4M3 Tracy We er, City Clerk APPROVED AS TO FORM: Mark D, rsley, City Attorney RESOLUTION 5309 PAGE 6 of 6