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CC RESOLUTION 4778 RESOLUTION NO. 4778 A RESOLUTION ADOPTING THE 2012 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 July 2012 City Clerk's Office conducted a review of the City's conflict of interest code in accord 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 4679, adopted September 7, 2010 and Resolution 4766, adopted December 20, 2011, and adopt a new 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 5 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 Aviation Safety and Noise Abatement Committee Members of the Capital Improvement Program Advisory Committee Members of the Community Cable Advisory Committee Members of the Disaster Committee (added Committee) Members of the Economic Development Advisory Council 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 Housing Board OFFICE OF THE CITY MANAGER: * City Manager Assistant City Manager Information Systems Manager OFFICE OF THE CITY ATTORNEY: * City Attorney Assistant City Attorney Page 2 of 5 OFFICE OF THE CITY CLERK: City Clerk Deputy City Clerk OFFICE OF THE CITY TREASURER: * City Treasurer Deputy City Treasurer FINANCE DEPARTMENT: Director of Finance Fiscal Services Manager Accounting Manager Business Services Manager Purchasing Agent FIRE DEPARTMENT Fire Chief Deputy Fire Chief Battalion Chief(s) HUMAN RESOURCES DEPARTMENT Director of Human Resources Human Resources Manager LIBRARY DEPARTMENT: Director of Library Services Librarian Senior Librarians) PLANNING&BUILDING SAFETY DEPARTMENT: Director of Planning& Building Safety Planning Manager Building Safety Manager Residential Sound Insulation Manager Assistant Planner Associate Planner Building Inspector(s) Construction Coordinator(s) Economic Development Analyst Page 3 of 5 Plan Check Engineer Planning Technician Principal Planner Property Owner Coordinator Senior Building Inspector(s) Senior Plan Check Engineer POLICE DEPARTMENT Police Chief Police Captain(s) PUBLIC WORKS DEPARTMENT Director of Public Works Assistant City Engineer Principal Engineer (added Position) General Services Manager Streets Supervisor Water Supervisor Wastewater Supervisor RECREATION AND PARKS DEPARTMENT Director of Recreation and Parks Parks Superintendent 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 Page 4 of 5 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 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." SECTION 3: Resolution No. 4679 (adopted September 7, 2010) and Resolution 4766 (adopted December 20, 2011) 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 17th day o Illy, 2012. Cal Jacobs' ayor ATTEST: 41' i4 ' Cindy M« esen, City Clerk APPROVED AS TO FORM: Mark D. Hensle , City Attorne N__ By: c�:U Karl H. erger, Assistant C ty Attorney Page 5 of 5