Loading...
Resolution No. 5982RESOLUTION NO. 5982 237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED. WHEREAS, the Political Reform Act of 1974, Government Code §§ 81000 et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code and to amend the same on a regular basis; and WHEREAS, the City of Cypress has previously adopted a Conflict of Interest Code, and that Code now requires amendment; and WHEREAS, the Fair Political Practices Commission ( "FPPC ") has adopted Regulation 18730, of the California Code of Regulations (2 Cal. Code of Regulations, § 18730), which contains the terms of a standard or model conflict of interest code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act; and WHEREAS, incorporation by reference of the terms of the aforementioned regulation and amendments to it will help clarify the Conflict of Interest Code requirements and make compliance with such Code easier. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The attached Conflict of Interest Code incorporating by reference the terms of Regulation 18730 of the California Code of Regulations, and any amendments to it duly adopted by the Fair Political Practices Commission and the attached Appendices "A" and "B" in which officials and employees are designated and disclosure categories are set forth are hereby incorporated by reference and constitute the Conflict of Interest Code for the City of Cypress, California. SECTION 2. Persons holding designated positions shall file Statements of Economic Interests pursuant to said Conflict of Interest Code. SECTION 3. The provisions of all Conflict of Interest Codes and amendments thereto previously adopted for the City of Cypress are hereby superseded. SECTION 4. The provisions of this Conflict of Interest Code will become effective upon approval of the City Council of the City of Cypress, California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 25th day of September 2006. -L.,,,SIAAJL) MAYOR F ATTEST: I 9 CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS HE CITY OF CYPRESS I, DENISE BASHAM, Acting City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 25th day of September 2006; by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None IU..na.RC CITY CLERK OF THE CITY OF CYPRESS 238 CONFLICT OF INTEREST CODE OF THE CITY OF CYPRESS, CALIFORNIA The Political Reform Act (Government Code §§ 87100 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 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, Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, Regulation 18730 (2 Cal. Code of Regs. § 18730), and any amendments to it duly adopted by the Fair Political Practices Commission, is hereby incorporated Regulation 18730 reference. This policy administrative regulation and exhibit designating officials and employees shall constitute the Conflict of Interest Code of the City of Cypress, California. Designated employees and individuals shall file statements of economic interests with this agency. Upon receipt of the statements of the City Council, City Manager, City Attorney, and City Treasurer, who are required to file statements of economic interests under Government Code § 87200, this agency shall make and retain copies and forward the originals of these statements to the Fair Political Practices Commission. Statements for all other designated employees, Assistant City Attorneys, City Commissioners, City Board Members, and City Committee Members will be retained by this agency. Designated employees and individuals who shall file statements of economic interests with this agency are so designated in Appendix "A." Legal Reference: EDUCATION CODE 1006 Prohibitions applicable to specified officers GOVERNMENT CODE 1090 -1097 Prohibitions applicable to specified officers 1125 -1128 Incompatible activities 82028 Definitions "Gifts" 82030 Definitions "Income" 82033 Definitions "Interest in real property" 87100- 87103.5 Conflicts of Interest 87200 -87210 Disclosure 87300 -87313 Conflict of interest code 87500 Statements of economic interests 91000 -91015 Enforcement CODE OF REGULATIONS, TITLE 2 18100 et seq. Regulations of the Fair Political Practices Commission 69 OPS. CAL. ATTY. GEN 225 (1986) 239 APPENDIX "A" Designated Positions Disclosure Category Administrative Services Manager 1,2,3,4,5,6 Assistant City Attorney 1,2,3,4,5,6 Assistant City Engineer 1,2,3,4,5,6 Assistant Director of Community Development 1,2,3,4,5,6 Building Official 1,2,3,4,5,6 Chief of Police 1,2,3,4,5,6 City Clerk 1,2,3,4,5,6 Consultants* 1,2,3,4,5,6 Contracts /Environmental Affairs Manager 1,2,3,4,5,6 Deputy City Attorney 1,2,3,4,5,6 Director of Community Development 1,2,3,4,5,6 Director of Public Works /City Engineer 1,2,3,4,5,6 Director of Recreation and Community Services 1,2,3,4,5,6 Finance Manager 1,2,3,4,5,6 Maintenance Superintendent 1,2,3,4,5,6 Members of all City Commissions, Boards, and Committees 1,2,3,4,5,6 Recreation Superintendent 1,2,3,4,5,6 *Consultants shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitations: 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 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. 240 APPENDIX "B" DISCLOSURE CATEGORIES Designated Employees in Disclosure Category 1 Must Report: All interest in real property, as defined in Government Code § 82033, within the jurisdiction. Real property shall be deemed to be within the jurisdiction of the property or any part of it is located within or not more than two miles outside the boundaries of the City of Cypress, or within two miles of any land owned or used by the City of Cypress. No disclosure need be made concerning the principal residence of the designated employee. Designated Employees in Disclosure Category 2 Must Report: All investments, as defined in Government Code § 87034. Financial interests are reportable only if located within or subject to the jurisdiction of the City of Cypress, or if the business entity is doing business or planning to do business in the City of Cypress, or has done business within the City of Cypress at any time during the two years prior to the filing of the statement. Designated Employees in Disclosure Category 3 Must Report: All income, as defined in Government Code § 82030, from any source located or doing business within the jurisdiction or expecting to do business within the jurisdiction. Income received from a public agency need not be disclosed. Designated Employees in Disclosure Category 4 Must Report: Employees whose duties involve contracting or purchasing: Contracts or makes purchases for the entire City: Investments and business positions in business entities and sources of income, which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Cypress. Contracts or makes purchases for specific department: Investments and business positions in business entities and sources of income, which provide services, supplies materials, machinery or equipment of the type utilized by the designated employee's department of division. Designated Employees in Disclosure Category 5 Must Report: Investments and business positions in business entities, and sources of income, which engage in land development, construction or the acquisition or sale of real property, and all interests in real property. Designated Employees in Disclosure Category 6 Must Report: All investments and business positions in business entities, and sources of income, which are subject to the regulatory, permit or licensing authority of the City of Cypress.