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CC RESOLUTION 5118 RESOLUTION NO. 5118 A RESOLUTION ADOPTING THE 2018 CONFLICT OF INTEREST CODE FOR THE CITY OF EL SEGUNDO IN ACCORDANCE WITH THE POLITICAL REFORM ACT. The City Council of the City of EI 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 November 2018 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. 4887, adopted September 16, 2014 and adopt a new conflict of interest code as set forth below. SECTION 2: 2018 Conflict of Interest Code; Generally. FPPC Regs. § 18730 is adopted by reference as the City of EI Segundo's 2018 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: 2018 Conflict of Interest Code, Changes. The 2018 Conflict of Interest Code includes the following changes: A. The term "investment" applies to financial interests in non-profit organizations as well as business entities; B. The term "Appendix" 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 RESOLUTION No. 5118 Page 1 of 6 financial interest. Disclosure includes specific types of investments, business positions, interests in real property, and sources of income which may foreseeably be materially 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 M rs_-of the--AviatiiGn ty. and—N bat entCommittee (deleted) Members of the Arts and Culture Advisory Committee (added) Members of the Capital Improvement Program Advisory Committee -+be& e -D.isast m*ee (deleted) 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 (added) Emergency Management Coordinator (added) OFFICE OF THE CITY ATTORNEY: * City Attorney Assistant City Attorney RESOLUTION No. 5118 Page 2 of 6 OFFICE OF THE CITY CLERK: City Clerk Deputy City Clerk II OFFICE OF THE CITY TREASURER.- City REASURER:City Treasurer Deputy City Treasurer II FINANCE DEPARTMENT: Director of Finance Finance Manager (re-titled position) Accounting Manager Revenue Manager (re-titled position) Manager Purchasing Agent FIRE DEPARTMENT Fire Chief Fire Marshal Environment Safety Manager Battalion Chief Senior Management Analyst (re-titled position) HUMAN RESOURCES DEPARTMENT Director of Human Resources Human Resources Manager INFORMATION SYSTEMS DEPARTMENT (added) Director of Information Systems (added) Information Systems Manager (moved from Office of the City Manager) LIBRARY DEPARTMENT: Director of Library Services Librarian II (re-titled positions) Senior Librarian RESOLUTION No. 5118 Page 3 of 6 PLANNING &BUILDING SAFETY DEPARTMENT: Director of Planning & Building Safety Planning Manager Building Safety Manager ►�iFa� r Baan- (deleted) Principal Planner Assistant Planner Associate Planner Senior Plan Check Engineer Plan Check Engineer Senior Building Inspector Building Inspector I (re-titled position) Code Compliance Inspector (added) ^nL-+rt - t -ate (deleted) E-G�Gnom° Ie _ r#---Ar*-M (deleted) P r n r (deleted) e jqf�-Gord atoa- (deleted) License Permit Specialist II (re-titled position) License Permit Specialist I (re-titled position) POLICE DEPARTMENT Police Chief Police Captain PUBLIC WORKS DEPARTMENT Director of Public Works City Engineer (added) Assistant City Engineer Principal Engineer General Services Manager Street Maintenance Supervisor (re-titled position) Water Supervisor Waste Water Supervisor (re-titled position) Senior Management Analyst (added) Management Analyst RECREATION AND PARKS Director of Recreation and Parks Park Maintenance Superintendent (re-titled position) Recreation Superintendent Senior Administrative Analyst RESOLUTION No. 5118 Page 4 of 6 * 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. SECTION 5: Statement of Economic Interests: Place of Filing. Designated employees must file Statements of Economic Interests with the City of EI 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 one original copy of their Statement of Economic Interest with the City Clerk, who must make and retain a copy and forward the original to the California Fair Political Practices Commission. All other designated employees must file one original copy of their Statement of Economic Interest with the City Clerk. SECTION 6: 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 shall be included in the filer's statement of economic interests. A filer who chooses not to use the travel schedule shall 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. 4887 (adopted September 16, 2014) 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. RESOLUTION No. 5118 Page 5 of 6 SECTION 9: 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. PASSED AND ADOPTED this 4t" day of December 2018. Drew Bs, Mayor ATTEST: Tracy ' eJer, City Clerk APPROVED AS TO FORM: Mark HensNey„ Ci _ orney RESOLUTION No. 5118 Page 6 of 6 CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS CITY OF EL SEGUNDO 1, 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. 5118 was duly passed, approved and adopted by said City Council at a regular meeting held on the 4th day of December, 2018, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Boyles, Mayor Pro Tern Pirsztuk, Council Member Brann, Council Member Pimentel and Council Member Nicol NOES: None ABSENT.- None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of December, 2018. WOW) 'rracy Weaver, City Clerk of the City of El Segundo, California