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CC RESOLUTION 4448RESOLUTION NO. 4448 A RESOLUTION REPEALING RESOLUTION 4395 AND ADOPTING AN AMENDED 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 June 2004 City Clerk's Office conducted a review of the City's conflict of interest code in accord with Government Code § 87306 5 and recommended changes to the code which were adopted by Resolution 4395 on September 21, 2004 D To fulfill its obligations under the PRA and FPPC Regs, the City Council will repeal Resolution 4395 and adopt an amended 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 Commission members, City Attorney, and City Manager, the City Clerk or Deputy City Page 1 of 6 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 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 OFFICE OF THE CITY CLERK Page 2 of 6 City Clerk Deputy City Clerk OFFICE OF THE CITY TREASURER City Treasurer Deputy City Treasurer PLANNING & BUILDING SAFETY DEPARTMENT. Director of Planning & Building Safety Planning Manager Residential Sound Insulation Manager Property Owner Coordinator Construction Coordinator(s) Senor Planner Associate Planner Assistant Planner (s) Planning Technician Plan Check Engineer 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 Human Resources Manager LIBRARY DEPARTMENT Director of Library Services Page 3 of 6 Senior Librarian (s) POLICE DEPARTMENT Police Chief Police Captain(s) FIRE DEPARTMENT Fire Chief Battalion Cluef(s) RECREATION AND PARKS DEPARTMENT Director of Recreation and Parks Recreation Superintendent Parks 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 Page 4 of 6 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 " SECTION 3: Resolution No 4395 (adopted September 21, 2004) 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 tl ATTEST Dmm Cindy Mortesen, City Clerk/ APPROVED AS FO Mark D Hensle it e By / � c Attorney Page 5 of 6 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 4448 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 20`h day of December, 2005 and the same was so passed and adopted by the following vote AYES McDowell, Boulgarides, Busch, Jacobson NOES None ABSENT Gaines ABSTENTION. None NOT PARTICIPATING None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 20`h day of December 2005 C!ee fi� CGIh� Cindy Mortse ,City Clerk Of the City of El Segundo, California (SEAL) Page 6 of 6