CC RESOLUTION 4324RESOLUTION NO. 4324
A RESOLUTION ADOPTING THE 2003 CONFLICT OF INTEREST
CODE FOR THE CITY OF EL SEGUNDO IN ACCORD 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 ( "PRA "; Gov't. Code §§ 81000, et seq.) and regulations
adopted pursuant to the PRA ( "FPPC Regs.; 2 Cal. Code of Regs. §§ 18700, et seq.)
requires local government to 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 August 2003 City Clerk's Office conducted a review of the City's
conflict of interest code in accord with Government Code § 87306.5 and recommends
changes to the code.
D. The City Clerk has incorporated those recommendations into this Resolution.
E. To fulfill its obligations under the PRA and FPPC Regs., the City Council will adopt
the conflict of interest code as set forth below.
SECTION 2: Pursuant to FPPC Regs. § 18730, the City of El Segundo adopts a Conflict of
Interest Code to read as follows:
"CONFLICT OF INTEREST CODE FOR THE CITY OF EL SEGUNDO
A. Incorporation of Standard Code.
Under the terms of the Political Reform Act (Gov't Code §§ 81000 et seq.) and
regulations promulgated by the Fair Political Practices Commission (2 Cal. Code of Regs.
§§ 18700, et seq.), the City is required to adopt a conflict of interest code. The City of El
Segundo incorporates by reference 2 Cal. Code of Regs. § 18730, and its amendments,
into this Conflict of Interest Code including, without limitation, the designation of
officials and employees and the disclosure categories set forth below (collectively, "the
Conflict of Interest Code ").
B. Filing of Statements
Designated officials, officers and employees must file Statements of Economic Interest
(Form 700) with the City Clerk or Deputy City Clerk. After receiving Statements of
Economic Interests from City Council members, the City Treasurer, Planning
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Commission members, City Attorney, and City Manager, the City Clerk or Deputy City
Clerk, must forward the original to the Fair Political Practices Commission and retain a
copy for the City's files.
Under Government Code § 82011(c), the City Council is the code reviewing body with
respect to the Conflict of Interest Code.
C. Review Procedure
Under Government Code § 87306.5, not later than July 1 of each even numbered year,
the City Council must direct the City Clerk, or Deputy City Clerk, to review the Conflict
of Interest Code. The City Clerk or Deputy City Clerk must submit an amended Conflict
of Interest Code to the City Council if a change in the Conflict of Interest Code is
necessitated by changed circumstance. If changes are not required, the City Clerk or
Deputy City Clerk must submit a written statement to that effect to the City Council not
later than October 1 of the same year.
D. Designated Positions
The following positions entail the making or participation in the making of decisions that
may have a foreseeable material effect on the officials or officer's financial interests.
COUNCIL, COMMISSIONS, COMMITTEES, & BOARDS
* Members of the City Council
* Members of the Planning Commission
Members of the Recreation & Parks Commission
Members of the Senior Housing Board
Members of the Library Board of Trustees
Members of the Investment Advisory Committee
Members of the Capital Improvement Program Advisory
Members of the Economic Development Advisory Council
Members of the Community Cable Advisory Committee
Members of the LAX Master Plan Advisory Commission
Members of the Aviation Safety and Noise Abatement Committee
OFFICE OF THE CITY MANAGER:
City Manager
Assistant City Manager
OFFICE OF THE CITY ATTORNEY:
* City Attorney
Assistant City Attorney
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OFFICE OF THE CITY CLERK:
City Clerk
Deputy City Clerk
OFFICE OF THE CITY TREASURER:
City Treasurer
Deputy City Treasurer
COMMUNITY, ECONOMIC & DEVELOPMENT SERVICES:
Director of Community, Economic & Development Services
Planning Manager
Building Manager
Economic Development Manager
Senior Planner
Associate Planner
Assistant Planner (s)
Planning Technician
Senior Plans Examiner
Senior Building Inspector
Building Inspector(s)
PUBLIC WORKS DEPARTMENT
Director of Public Works
City Engineer
General Services Manager
Utilities Manager
Water Supervisor
Wastewater Supervisor
ADMINISTRATIVE SERVICES DEPARTMENT:
Director of Administrative Services
Assistant Director of Finance
Accounting Manager
Risk Manager/Purchasing Agent
Business Services Manager
Information Systems Manager
LIBRARY DEPARTMENT:
Director of Library Services
Senior Librarian (s)
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POLICE DEPARTMENT
Police Chief
Police Captain(s)
FIRE DEPARTMENT
Fire Chief
Battalion Chiefs)
RECREATION AND PARKS DEPARTMENT
Director of Recreation and Parks
Recreation Superintendent
* Listed in the code for information purposes only. These positions file under
Government Code Section 87200 with the Fair Political Practices Commission.
CONSULTANTS:
All consultants except those included by the City Manager in accordance
with the following procedure:
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.
E. Disclosure Requirements
Designated employees must disclose all interests as required by the Political Reform Act
and regulations promulgated thereto. When a new position classification is created by the
Administrative Services Department for City Council approval, the Administrative
Services 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
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Commission, Committee or Board so designated by the City Council, will be required to
file a Statement of Economic Interest."
SECTION 3: Resolution No. 4268 (adopted August 20, 2002) 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 4: 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 5: The City Clerk will certify to the passage and adoption of this Resolution and
enter it into the book of original resolutions.
SECTION 6: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 2ndday of5eptember , 2003.
Mike Gordon, Mayor
ATTEST:
Uj
APPROVED AS V
Mark D. Hens , C' o l
By: f
Karl H. Berger, Asgfi�ant City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY
that the whole number of members of the City Council of the said City is five; that the foregoing
resolution, being RESOLUTION NO. 4324 was duly passed and adopted by the said City
Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said
City, all at a regular meeting of the said Council held on the 2nd day of September
2003, and the same was so passed and adopted by the following vote:
AYES: Gordon, Jacobs, McDowell, Wernick
NOES: None
ABSENT: Gaines
ABSTENTION: None
NOT PARTICIPATING: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 2nd
September , 2003.
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
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day of