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03.21 Biennial Conflict of Interest Code Update 2018 ����� . Gti;.a '�..�,� *.:: �:* o� 'a _ �p; :ar�. �Lp., .^ �0 .alaQise�.•'�� ... . . . . C�UN'Cl('C� .. . . . . : ,: . .. ..... :' : " .: ' .' : .. : .. . . . . .. . . . .. . . . . . . . . . . . .. . . . .. .. .. . . .. . . . . . October 9, 2018. Reviewed/Verified TO:: Honorable Mayor and . City:Manager � Members of the City Council Finance Direc:or: To Be.Presented By: THRU: Rick Otto: Robert Zornado,Ghief Glerk Clty Mailager X Cons Calendar City Mgr Rpts ' _ ' � FROM: Robel't Zocnado: : : Council Reports Legal Affairs , Chief.Clerk � Boards/Comm. Public Hr s _ _ _ .. g Admin.Reports Plan/Enyiron 1. SUBJECT Resolution No. l 1114 amending the employee pasitions and titles in the Conflict of Tnterest Code for.the City of Orange. . .. _ 2. SUMMARY T:he.attached Resolution.satisfies tlie State: mandated biennial update to the City's Conflict.of _ Interest Code. The Resolution and exhibit incorporates the most recerit changes in the City's . _ . organizational structure. _ _ 3. RECOMMENDATION Adopt Resolution No: 11114. 4. FISCAL IMPACT: : None. _ 5. :: : STRATEGIC:PLAN GOAL(S) This action.does not correlate to:any of the adopted strategic plari goals; however, Sectiori 87306 of the California Government Code requires.biennial review of the City's Conflict of Interest Code.. : ITEM � 1 10/9/18 6. DISCUSSION and BACKGROUND The Political Reform Act requires public agencies to update their local Conflict of Interest Codes on a biennial basis. Since the last update,new position titles have been created or eliminated and some existing positions have had title changes. The attached Resolution and exhibit reflect the changes to the list of designated employees required to file a statement of economic interest pursuant to the City's Conflict of Interest Code. 7. ATTACHMENTS Resolution No. 11114 with attached amended"Exhibit A" Redline version of"Exhibit A" Notice of Intention to Amend the City's Conflict of Interest Code \ ITEM 2 10/9/18 RESOLUTION N0. 11114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTING THE BIENNIAL REVISIONS TO EMPLOYEE POSITIONS AND TITLES IN THE CONFLICT OF INTEREST CODE FOR THE CITY OF ORANGE WHEREAS, the Political Reform Act, Government Code Sections 81000 et se�c., requires the City to adopt and promulgate a conflict of interest code; and WHEREAS,the City has complied with this requirement by adopting by reference the model conflict of interest code developed by the Fair Political Practices Commission as the Conflict of Interest Code for the City of Orange; and WHEREAS, the Political Reform Act, in Government Code Section 87306, requires the City to review and revise as necessary, its Conflict of Interest Code every even-numbered year; and WHEREAS, the City has determined that due to changes in City employee positions and titles,the City's Conflict of Interest Code requires revision. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Orange as follows: 1. The list of designated employees required to file statements of economic interests is hereby amended to include those persons as set forth in E�iibit"A",which is attached hereto and incorporated herein by this reference. 2. Only those persons who are designated in the City's Conflict of Interest Code for the first time are required to file an initial statement as defined in the City's Conflict of Interest Code. 3. All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City's Filing Officer. The City Clerk shall make and retain a copy of a11 statements filed by the Mayor, Councilmembers, Planning Commissioners, the City Manager, the City Attorney, and City Treasurer, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk sha11 retain the originals of the sta.tements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction upon request during regular business hours. ADOPTED this day of ,2018. Teresa E. Smith, Mayor, CiTy of Orange ATTEST: Mary E. Murphy, City Clerk, City of Orange I,MARY E. MURPHY, City Clerk of the City of Orange,California,do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2018, by the following vote: AYES: COLINCILMEMBERS: NOES: COLJNCILMEMSERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: � Mary E. Murphy, City Clerk, City of Orange Reso No. 11114 2 GAS EXHIBIT"A" CITY OF ORANGE LIST OF DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES DEPARTMENT POSITION DISCLOSURE CATEGORY City Attorney Senior Assistant City Attorney 1, 2, 3, 4 Assistant City Attorney II 1, 2, 3, 4 Assistant City Attorney I 1, 2, 3,4 City Clerk City Clerk 1, 2, 3, 4 Chief Clerk 1, 2, 3, 4 Deputy City Clerk 1, 2, 3, 4 City Manager Assistant City Manager 1, 2, 3, 4 Deputy City Manager 1, 2, 3, 4 Internal Audit Manager 1, 2, 3, 4 Economic Development Manager l, 2, 3, 4 Senior Economic Development Project Manager 1, 2, 3, 4 Assistant to the City Manager 1, 2, 3, 4 Senior Administrative Analyst 1, 2, 3, 4 Community Director 1, 2, 3, 4 Development Assistant Director 1, 2, 3, 4 Planning Manager 1, 2, 3, 4 Principal Planner 1, 2, 3, 4 Senior Planner 1, 2, 3, 4 Chief Building Official 1, 2, 3, 4 Code Compliance Supervisor 1, 2, 3, 4 Code Compliance Officer 1, 2, 3, 4 Code Compliance Officer 1, 2, 3, 4 Senior Plan Check Engineer 1, 2, 3, 4 Plan Check Engineer 1, 2, 3, 4 Building Inspection Supervisor 1, 2, 3, 4 Combination Building Inspector 1, 2, 3, 4 Senior Housing Manager 1, 2, 3, 4 Administrative Analyst I & II 1, 2, 3, 4 Community Services Director 1, 2, 3, 4 Assistant Director 1, 2, 3, 4 Recreation Services Manager 2, 3, 4 Parks and Facilities Manager l, 2, 3, 4 Public Affairs and Information Manager 1, 2, 3, 4 Administrative Analyst II 1, 2, 3,.4 Finance Director 1, 2, 3, 4 Administrative Services Director 1, 2, 3, 4 Assistant Finance Director 1, 2, 3, 4 Investment/Revenue Officer 1, 2, 3, 4 Purchasing Officer 2, 3, 4 Accounting Manager 2, 3, 4 Senior Buyer 1, 2, 3, 4 Finance Supervisor-Business License 1, 2, 3, 4 Lead Business License Inspector 1, 2, 3, 4 Buyer 1, 2, 3, 4 Fire Fire Chief , 1, 2, 3, 4 Deputy Chief 1, 2, 3, 4 Staff Captain 1, 2, 3, 4 EMS Manager 1, 2, 3, 4 Battalion Chief 1, 2, 3, 4 Library Library Services Director 1, 2, 3, � Assistant Library Services Director 1, 2, 3, 4 Senior Library Manager 1, 2, 3, 4 . Human Resources Human Resources/Employee Relations Director 1, 2, 3, 4 Human Resources Manager 1, 2, 3, 4 Risk Manager 1, 2, 3, 4 Assistant Human Resources Director L, 2, 3, 4 Senior Human Resources Analyst 1, 2, 3, 4 Police Chief 1, 2, 3, 4 Captain 1, 2, 3, 4 Lieutenant 1, 2, 3, 4 Code Compliance Officer 1, 2, 3, 4 Administrative Analyst I 1, 2, 3, 4 Administrative Analyst II 1, 2, 3, 4 Senior Administrative Analyst 1, 2, 3, 4 EXHIBIT "A" 2 Public Works Director 1, 2, 3, 4 Assistant Public Works Director 1, 2, 3, 4 Field Services Manager 1, 2, 3, 4 Assistant Field Services Manager 1, 2, 3, 4 Deputy Public Works Director/ City Engineer 1, 2, 3, 4 City Traffic Engineer 1, 2, 3, 4 Administrative Manager 1, 2, 3, 4 Senior Civil Engineer 3, 4 Real Property Agent 1, 2, 3, 4 Contract Administrator 1, 2, 3, 4 Environmental Program Manager 1, 2, 3, 4 Environmental Compliance Specialist 2, 3, 4 Environmental Scientist 2, 3, 4 Equipment Maintenance Superintendent 2, 3, 4 Traffic Operations Superintendent 1, 2, 3, 4 Principal Civil Engineer 3, 4 Water Manager 1, 2, 3, 4 Assistant Water Manager l, 2, 3, 4 Construction Inspection Supervisor 3, 4 Construction Inspector I &II 3, 4 Information Manager 1, 2, 3, 4 Technology Services Delivery Manager 1, 2, 3, 4 Design Review Member 1, 2, 3, 4 Committee � � Audit Committee Member 1, 2, 3, 4 Traffic Commission Member 1, 2, 3, 4 Park Planning and Development Commission Member 1, 2, 3, 4 Community Development Block Grant Program Committee Member 1, 2, 3, 4 *Orange Public Library Board of Trustees Member 1, 2, 3, 4 "All interests in real properly as set forth in Category 1,but only investments,sources of income and business positions which may provide services or materials of the type utilized by the library. EXHIBIT "A" 3 **Consultants 1, 2, 3, 4 **Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation: the City Manager may determine in writing that a particular consultant,although a"designated position,"is hired to perform a range of duries that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the e}ctent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. DISCLOSURE CATEGORIES Cate�ory 1 Category 1 relates to interests in real property within or close(2 miles)to the City of Orange in which the designated employee, spouse and dependent children have an aggregate interest of$1,000 or more in value. It includes interests in real property held by a business entity or trust in which the employee, spouse and dependent children have an aggregate interest of 10%or more. Category 2 Category 2 relates to investments held by the designated employee, spouse and dependent children,with an aggregate value of more than$1,000,in business entities having real properly in the City of Orange or doing business,planning to do business,or having done business in tbe City of Orange within the past two years. It includes investments held by a business entity or trust in which the filer,spouse and dependent children have an aggregate interest of 10%or greater. Cate�ory 3 Category 3 relates to sources of income(including loans) aggregating$250 or more if the source is located wittrin or doing business within the City of Orange. It includes gifts aggregating$50 or more whether or not the source(donor)is in the City of Orange. It includes sources of income to the designated employee,to the designated employee's community property interest in the income of a spouse,and to the employee's pro rata share of any income of a trust in which the employee, spouse or dependent children have individually or collectively an aggregate interest of 10%or greater. Cate�ory 4 Category 4 relates to employment and management positions in business entities. EXHIBIT "A" 4 EXHIBIT "A" CITY OF ORANGE LIST OF DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES DEPARTMENT POSITION DISCLOSURE CATEGORY City Attorney Senior Assistant City Attorney 1, 2, 3, 4 Assistant City Attorney II 1, 2, 3, 4 Assistant City Attorney I 1, 2, 3, 4 City Clerk City Clerk l, 2, 3, 4 Chief Clerk 1, 2, 3, 4 Deputy City Clerk l, 2, 3, 4 City Manager Assistant City Manager 1, 2, 3, 4 Deputy City Manager 1, 2, 3, 4 Internal Audit Manager 1, 2, 3, 4 Economic Development Manager 1, 2, 3, 4 Senior Economic Development Project Manager 1, 2, 3, 4 I Assistant to the City Manager 1, 2, 3, 4 . . � � � ��1��Oi� :'�(;�>>i�g�i� �p`.i�.�; 1. '�t.�i i��`� .� .- '-_. . Community Director 1, 2, 3, 4 Development Assistant Director 1, 2, 3, 4 Planning Manager l, 2, 3, 4 Principal Planner 1, 2, 3, 4 Senior Planner 1, 2, 3, 4 Chief Building Official l, 2, 3, 4 C«�!c C��n�i��,l�r- ��, � � �� ���� I. ?, �_ � __ _ _ __ _ __-- -_ ��-ic�-Code Compliance Officer 1, 2, 3, 4 Code Compliance Officer 1, 2, 3, 4 Senior Plan Check Engineer 1, 2, 3, 4 Plan Check Engineer 1, 2, 3, 4 Building Inspection Supervisor 1, 2, 3, 4 Combination Building Inspector l, 2, 3, 4 Senior Housing Manager 1, 2, 3, 4 , � '� �<<� . { ��� l I 1 , ; ,; Community Services Director 1, 2, 3, 4 Assistant Director l, 2, 3, 4 Recreation Services Manager 2, 3, 4 Parks and Facilities Manager l, 2, 3, 4 Public Affairs and Information Manager 1, 2, 3, 4 Administrative Analyst II l, 2, 3, 4 Finance Director 1, 2, 3, 4 _'', �� °�€ IF ti', �.>?:"!.. ? �il��5�'l�{)�' �_ � 5 _{. ......... . ..... ..... _. .._._. .___ ....._.. .______ _......._..._ ..__._ . Assistant Finance Director 1, 2, 3, 4 Investment/Revenue Officer l, 2, 3, 4 Purchasing Officer 2, 3, 4 Accounting Manager 2, 3, 4 Senior Buyer 1, 2, 3, 4 Finance Supervisor-Business License 1, 2, 3, 4 Lead Business License Inspector 1, 2, 3, 4 Buyer 1, 2, 3, 4 Fire Fire Chief 1, 2, 3, 4 Deputy Chief l, 2, 3, 4 Staff Captain 1, 2, 3, 4 EMS Manager 1, 2, 3, 4 Battalion Chief 1, 2, 3, 4 Library Library Services Director l, 2, 3, 4 Assistant Library Services Director l, 2, 3, 4 Senior Library Manager l, 2, 3, 4 Human Resources Human Resources/Employee Relations Director 1, 2, 3, 4 Human Resources Manager 1, 2, 3, 4 Risk Manager 1, 2, 3, 4 Assistant Human Resources Director 1, 2, 3, 4 Senior Human Resources Analyst 1, 2, 3, 4 Police Chief 1, 2, 3, 4 Captain l, 2, 3, 4 Lieutenant 1, 2, 3, 4 Code Compliance Officer l, 2, 3, 4 Administrative Analyst I l, 2, 3, 4 Administrative Analyst II 1, 2, 3, 4 Senior Administrative Analyst l, 2, 3, 4 I Public Works Director 1, 2, 3, 4 EXHIBIT "A" 2 ',��.�;i�;�t�ri� }'��l�lic Works Director 1, 2, 3, 4 _ _ Ii7l�r�>>+v D>>l�Iin t17�rLo I ■tY�I��AY/A�Toir�for�nr�na or�� - - - - > > > _ F'ield Services Manager l, 2, 3, 4 ;�is�is���nt� I� iti:l�i Ser��ic��; M<�tisl���ei- 1. ?. 3. 4 _ __ -- _ __ _ __. _- - Deputy Public Works Director/ City Engineer 1, 2, 3, 4 City Traffic Engineer 1, 2, 3, 4 Administrative Manager 1, 2, 3, 4 Senior Civil Engineer 3, 4 Real Property Agent 1, 2, 3, 4 Contract Administrator 1, 2, 3, 4 Environmental Program Manager 1, 2, 3, 4 Environmental Compliance Specialist 2, 3, 4 Environmental Scientist 2, 3, 4 Equipment Maintenance Superintendent 2, 3, 4 Traffic Operations Superintendent 1, 2, 3, 4 Principal Civil Engineer 3, 4 � ��;,,t�o��,,,.�, u, �:�.�„-,�r;,,���;��o,- i � 2 4 ` � � Water Manager 1, 2, 3, 4 Assistant Water Manager 1, 2, 3, 4 Construction Inspection Supervisor 3, 4 Construction Inspector I & II 3, 4 Information Manager 1, 2, 3, 4 Technology Services Delivery Manager 1, 2, 3, 4 Design Review Member 1, 2, 3, 4 Committee Audit Committee Member l, 2, 3, 4 Traffic Commission Member l, 2, 3, 4 Park Planning and Development Commission Member 1, 2, 3, 4 Community Development Block Grant Program Committee Member l, 2, 3, 4 � � , � EXHIBIT "A" 3 i *Ora�ge Public Library Board of Trustees Member l, 2, 3, 4 *All interests in real property as set forth in Category l,but only investments,sources of income and business positions which may provide services or materials of the type utilized by the library. **Consultants 1, 2, 3, 4 �"Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation: the City Manager may determine in writing that a particular consultant,although a"designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. DISCLOSURE CATEGORIES Cate�ory 1 Category 1 relates to interests in real property within or close (2 miles) to the City of Orange in which the designated employee, spouse and dependent children have an aggregate interest of$1,000 or more in value. [t includes interests in real property held by a business entity or h-ust in which the employee, spouse and dependent children have an aggregate interest of 10%or more. Category 2 Category 2 relates to investments held by the designated employee, spouse and dependent children, with an aggregate value of more than $1,000, in business entities having real property in the City of Orange or doing business,planning to do business,or having done business in the City of Orange within the past two years. It includes investments held by a business entity or trust in which the filer,spouse and dependent children have an aggregate interest of 10%or greater. Cate�ory 3 Category 3 relates to sources of income(including loans) aggregating $250 or more if the source is located within ar doing business within the City of Orange. [t includes gifts aggregating$50 or mare whether or not the source(donor)is in the City of Orange. [t includes sources of income to the designated employee,to the designated employee's community property interest in the income of a spouse,and to the employee's pro rata share of any income of a trust in which the employee, spouse or dependent children have individually or collectively an aggregate interest of 10%or greater. Category 4 Category 4 relates to employment and management positions in business entities. EXHIBIT "A" 4 NOTICE OF INTENTION TO AMEND THE CONFLICT OF INTEREST CODE OF THE CITY OF ORANGE NOTICE IS HEREBY GIVEN that the City of Orange intends to amend its Conflict of Interest Code (the "Code") pursuant to Government Code Section 87306. The Code designates those positions which are subject to the disclosure and disqualification requirements of the City's Code. The City's proposed amendment adds new positions which must be designated, changes titles of some existing positions and eliminates positions that have been abolished. The proposed amended Code will be considered by the City Council on October 9, 2018, at 6:00 p.m. at Orange City Hall, 300 E. Chapman Avenue, Orange, California. Any interested person may be present and comment at the public meeting or may submit written comments concerning the proposed amendment. Any comments or inquiries should be directed to the attention of Robert Zornado, Chief Clerk, City of Orange, 300 E. Chapman Avenue, Orange, California 92866, (714) 744-5500. Written comments must be submitted no later than October 9, 2018, at 5:00 p.m. The proposed amended Code may be reviewed at, and copies obtained from, the office of the City Clerk. CITY COUNCIL MINUTES OCTOBER 9, 2018 3. CONSENT CALENDAR(Continued) 3.20 Classification, Compensation, and Terms of Service for Part-Time and Seasonal Employees; and amending the citywide salary schedule. Resolution Nos. 11112 and 11113. (C2500.4.7) A Resolution of the City Council of the City of Orange Relating to the Classification, Compensation, and Terms of Employment for Part-Time and Seasonal Employees of the City of Orange Effective July 1, 2018,through and including June 30, 2019, and repealing Resolution No. 11042 and amendments thereto, for said employees. A Resolution of the City Council of the City of Orange amending the citywide Salary Schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5. ACTION: Approved Resolution No. 11112 and Resolution No. 11113. 3.21 Biennial update to the City's Conflict of Interest Code. Resolution No. 11114. (C2500.C) A Resolution of the City Council of the City of Orange adopting the Biennial Revisions to Employee Positions and Titles in the Conflict of Interest Code for the City of Orange. ACTION: Approved Resolution No. 11114. MOTION —Whitaker SECOND —Murphy AYES —Alvarez, Whitaker, Smith, Murphy,Nichols Moved to approve all items on the Consent Calendar as recommended. END OF CONSENT CALENDAR �x � � �x * � � * 4. REPORTS FROM MAYOR SMITH Mayor Smith acknowledged staff, the community, and local businesses for their contribution in the Plaza being designated as one of the Great Places in America by the American Planning Association. PAGE 8