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RES-11415 AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 - RESCINDS RESOLUTION NO. 11276RESOLUTION NO. 11415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS,the Political Reform Act(Government Code Section 81000 et seq.) requires the City to adopt and promulgate a conflict of interest code; and WHEREAS,the City Council adopted a Conflict of Interest Code,which was amended by Resolution No. 11276 on October 13, 2020; and WHEREAS, the Political Reform Act, in Government Code Section 87306, requires the City to review its Conflict of Interest Code biennially to determine whether amendments are required; and WHEREAS,on June 14,2022,the City Council directed staff to.review the City's Conflict of Interest Code; 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; and WHEREAS, on September 13, 2022, the,City Council received and filed the 2022 Local Agency Biennial Notice and directed staff to promulgate the necessary amendments to the City's Conflict of Interest Code. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Orange as follows: SECTION 1. The City Council adopts by reference the model conflict of interest code promulgated by the Fair Political Practices Commission as set forth in Section 18730 of the Title 2 of the California Code of Regulations, which, together with the City's List of Designated Positions and Disclosure Categories, collectively constitute the City of Orange Conflict of Interest Code. A copy of said Code is attached hereto as Exhibit A and shall be on file with the City Clerk and available to the public for inspection and copying during regular business hours. SECTION 2. The amended Conflict of Interest Code shall become effective at the time of the adoption and approval of this Resolution. SECTION 3. Any prior Resolution adopting a Conflict of Interest Code for the City of Orange, including Resolution No. 11276, is hereby rescinded upon the effective date of this Resolution. ADOPTED this 11th day of October 2022. 14 tiL Mark A. Murphy, Mayor, City of • e ATTEST: COe—eitYLi Pamela Coleman, City Clerk, City of Or e Attachment: Exhibit A STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ORANGE I, PAMELA COLEMAN, 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 11 th day of October 2022, by the following vote: AYES:COUNCILMEMBERS: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy NOES:COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Pamela Coleman, City Clerk, City of Orange Resolution No. 11415 2 CONFLICT OF INTEREST CODE OF THE CITY OF ORANGE The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Orange ("City"). 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 all statements filed by officials listed in Government Code Section 87200, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the originals of the statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours (Gov. Code § 81008). APPENDIX DESIGNATION OF POSITIONS AND ESTABLISHMENT OF DISCLOSURE CATEGORIES PART A DESIGNATED POSITIONS The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments as defined by 2 California Code of Regulations § 18700.3(b), are NOT subject to the City's Code, but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)] OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the positions listed below are other City Officials who manage public investments.' These positions are listed here for informational purposes only. Administrative Services Director Assistant City Manager Assistant Finance Director Finance Director 1 Individuals holding one of the above listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by 87200. DESIGNATED POSITIONS DISCLOSURE CATEGORIES City Attorney Assistant City Attorney I 1, 2, 3, 4 Assistant City Attorney II 1, 2, 3, 4 Risk Manager 1, 2, 3, 4 Senior Assistant City Attorney 1, 2, 3, 4 City Clerk City Clerk 1, 2, 3, 4 Director of City Clerk Services 1, 2, 3, 4 Deputy City Clerk 1, 2, 3, 4 City Manager Assistant to the City Manager 1, 2, 3, 4 Deputy City Manager 1, 2, 3, 4 Economic Development Manager 1, 2, 3, 4 Internal Audit Manager 1, 2, 3, 4 Senior Economic Development Project Manager 1, 2, 3, 4 Senior Administrative Analyst 1, 2, 3, 4 Senior Assistant to the City Manager 1, 2, 3, 4 Community Development Administrative Analyst I & II 1, 2, 3, 4 Assistant Community Development Director 1, 2, 3, 4 Code Compliance Officer 1, 2, 3, 4 Code Compliance Supervisor 1, 2, 3, 4 Community Development Director 1, 2, 3, 4 Environmental Compliance Specialist 2, 3, 4 Planning Manager 1, 2, 3, 4 Principal Planner 1, 2, 3, 4 Public Affairs and Information Manager 1, 2, 3, 4 Senior Administrative Analyst 1, 2, 3, 4 Senior Code Compliance Officer 1, 2, 3, 4 Senior Housing Manager 1, 2, 3, 4 Senior Planner 1, 2, 3, 4 Community Services Administrative Analyst II 1, 2, 3, 4 Assistant Director 1, 2, 3, 4 Community Services Director 1, 2, 3, 4 Parks and Facilities Manager 1, 2, 3, 4 Recreation Services Manager 2, 3, 4 Senior Administrative Analyst 1, 2, 3, 4 Finance Accounting Manager 2, 3, 4 Budget Manager 1, 2, 3, 4 Buyer 1, 2, 3, 4 Finance Coordinator- Business License 1, 2, 3, 4 Finance Manager 1, 2, 3, 4 Investment/Revenue Officer 1, 2, 3, 4 Lead Business License Inspector 1, 2, 3, 4 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Purchasing Officer 1, 2, 3, 4 Senior Buyer 1, 2, 3, 4 Fire Battalion Chief 1, 2, 3, 4 Deputy Chief 1, 2, 3, 4 EMS Manager 1, 2, 3, 4 Fire Chief 1, 2, 3, 4 Staff Captain 1, 2, 3, 4 Information Technology Manager 1, 2, 3, 4 IT Project Manager 1, 2, 3, 4 Library Assistant Library Services Director 1, 2, 3, 4 Library Manager I & II 1, 2, 3, 4 Library Services Director 1, 2, 3, 4 Library Tech/Support Services Manager 1, 2, 3, 4 Senior Library Manager 1, 2, 3, 4 Human Resources Assistant Human Resources Director 1, 2, 3, 4 Human Resources Director 1, 2, 3, 4 Human Resources Manager 1, 2, 3, 4 Senior Human Resources Analyst 1, 2, 3, 4 Police Administrative Analyst I & II 1, 2, 3, 4 Captain 1, 2, 3, 4 Emergency Manager 1, 2, 3, 4 Lieutenant 1, 2, 3, 4 Police Chief 1, 2, 3, 4 Senior Administrative Analyst 1, 2, 3, 4 Public Works Administrative Manager 1, 2, 3, 4 Assistant Field Services Manager 1, 2, 3, 4 Assistant Public Works Director 1, 2, 3, 4 Assistant Water Manager 1, 2, 3, 4 Building and Safety Manager 1, 2, 3, 4 Building Inspection Supervisor 1, 2, 3, 4 Chief Building Official 1, 2, 3, 4 City Traffic Engineer 1, 2, 3, 4 Combination Building Inspector 1, 2, 3, 4 Construction Inspection Supervisor 3, 4 Construction Inspector I & II 3, 4 Contract Administrator 1, 2, 3, 4 Deputy Public Works Director 1, 2, 3, 4 Environmental Program Manager 1, 2, 3, 4 Environmental Scientist 2, 3, 4 Equipment Maintenance Superintendent 2, 3, 4 Field Services Manager 1, 2, 3, 4 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Plan Check Engineer 1, 2, 3, 4 Principal Civil Engineer 3, 4 Public Works Director 1, 2, 3, 4 Real Property Agent 1, 2, 3, 4 Senior Civil Engineer 3, 4 Senior Plan Check Engineer 1, 2, 3, 4 Traffic Operations Superintendent 1, 2, 3, 4 Water Manager 1, 2, 3, 4 Orange City Public Facilities Financing Authority Member 1, 2, 3, 4 Members of Boards, Commissions, and Committees Community Development Block Grant Program Committee 1, 2, 3, 4 Design Review Committee 1, 2, 3, 4 Investment and Audit Committee 1, 2, 3, 4 Orange Public Library Board of Trustees' 1, 2, 3, 4 Park Planning & Community Events Commission 1, 2, 3, 4 Traffic Commission 1, 2, 3, 4 All interests in real property 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. Consultants and New Positions2 2Consultants shall be included in the list of designated employees and shall 1, 2, 3, 4 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. The disclosure requirements for new positions shall be categorized by the City Manager based on the duties of the position. PART B DISCLOSURE CATEGORIES Disclosure categories pertain to investments, real property, business positions and sources of income, including loans, gifts, and travel payments from sources located in or doing business within the jurisdiction of the City of Orange (City). Category 1 Interests in real property within the boundaries of the City or within two miles of the boundaries of the City 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 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 or doing business, planning to do business, or having done business in the City 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. Category 3 Income (including loans) aggregating $250 or more if the source is located within or doing business within the City. It includes gifts aggregating $50 or more whether or not the source (donor) is in the City. 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. Category 4 Employment and management positions in business entities.