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Home My WebLink AboutCC Statement of Economic Interests Annual Report 2009CITY Agenda Item No: Meeting Date: April 20, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Clerk Prepared by: Esther C. Beirne City Manager Approval: File No.: 9-4-3 SUBJECT: REPORT ON ANNUAL FILINGS -FAIR POLITICAL PRACTICES COMMISSION FORM 700, STATEMENT OF ECONOMIC INTERESTS FOR DESIGNATED EMPLOYEES, INCLUDING CONSULTANTS, DESIGN REVIEW BOARD, DOWNTOWN BUSINESS IMPROVEMENT DISTRICT BOARD, GEOTECHNICAL REVIEW BOARD, AND PARK AND RECREATION COMMISSION (CC) Accept report �Yil��liriLl3LL[�is�];3�142Li On September 15, 2008, the City Council, by Resolution No. 12574, updated/adopted a Conflict of Interest Code for Designated Employees as required by the Fair Political Practices Commission (copy attached). The City Council is the Code Reviewing Body for all Forms 700, "Conflict of Interest Statement for Designated Employees" (see lists of "Designated Employees" attached), and the City Clerk is the Filing Officer. Also enclosed is a copy of an explanation of "Disclosure Categories." This is to inform you that the annual filings of Form 700 for Designated Employees, including the Design Review Board, the Downtown Business Improvement District Board, the Geotechnical Review Board, the Park and Recreation Commission, and the City's Consultants, due April 1, 2009, were for the most part filed in a timely manner, substantially complying with filing requirements, and have been verified for completeness. These documents are available for the Council's review in the City Clerk's office at your convenience. PLEASE NOTE: All Forms 700, Statement of Economic Interests filed by the Mayor and City Council, Planning Commission, City Manager, City Treasurer/Finance Director, and City Attorney were filed by deadline of April 1, 2009. Originals were forwarded to Sacramento on April 3, 2009, with copies kept on file for public review. Enclosures W:\City Clerk- WorkFile\Agenda related\FPPC issues\annual filing rpt item 04-09.doc FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: 14 0 RESOLUTION NO. 12574 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING RESOLUTION NO. 12129 AND ADOPTING A REVISED LIST OF DESIGNATED EMPLOYEE POSITIONS AND DISCLOSURE CATEGORIES, TO BE INCORPORATED INTO THE CITY'S CONFLICT OF INTEREST CODE WHEREAS, pursuant to California Government Code Sections 81000, et seq., (The Political Reform Act, or PRA) the City of San Rafael has adopted a Conflict of Interest Code incorporating by reference Fair Political Practices Commission regulation 18730, which contains the terms of a standard model Conflict of Interest Code; and WHEREAS, the City's Conflict of Interest Code includes a list of designated employee positions and a list of disclosure categories; and WHEREAS, every even -numbered year every state agency and local governmental agency is required to review and, if necessary, revise its Conflict of Interest Code including review and revision of its list of designated employee positions and its list of disclosure categories, so as to incorporate such changes as the new titles of recently hired employees, deleted positions, and other organizational restructuring; and WHEREAS, the Council has determined that the attached Appendices A and B accurately set forth those designated employee positions (Appendix A - Designated Employees) and disclosure categories of financial interest (Appendix B - Disclosure Categories), which should be made reportable; and WHEREAS, a copy of the updated FPPC model Conflict of Interest Code as currently set forth in FPPC Regulation 18730 is available for public review in the City Clerk's office; N NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: 1. The above -recited facts are true and correct. 2. Resolution 12129 is hereby repealed. 3. The attached list of designated employee positions (Appendix A) and list of disclosure categories (Appendix B) are hereby adopted and incorporated into the City of San Rafael's Conflict of Interest Code. 4. The officials and employees holding designated positions shall file statements of economic interests (Form 700) as required by regulations of the FPPC and by Section 4 (C) of the City's Conflict of Interest Code with the City Clerk, and the City Council hereby delegates the authority of filing officer to the City Clerk. 5. Consistent with the provisions of Government Code Section 87303, these lists of designated employee positions and disclosure categories shall be effective October 1, 2008. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 15th day of September, 2008 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Vice -Mayor Miller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro ESTHER C. BEIRNE, City Clerk WACity Clerk- WorkFildAgenda related PPC issues\conflict of int reso 1006.doc 2 �F APPENDIX A Designated Employees POSITION City Attorney Assistant City Attorney Deputy City Attorney City Clerk City Clerk Deputy City Clerk City Manager Assistant City Manager Deputy City Manager Assistant to City Manager Administrative Assistant to City Manager Emergency Services Manager DISCLOSURE CATEGORY 1,2 1,2 3b, 3g 3b, 3g 1,2 1,2 1,2 1,2 2, 3d, 3e, 3g Community Development Community Development Director 1,2 Planning Manager 1,2 Principal Planner (Long Range Planning) 1,2 Principal Planner (Current Planning) 1, 2 Senior Planner 1, 2 Associate Planner 1,2 Assistant Planner 1,2 Planning Technician 1,2 Code Enforcement Manager 1,2 Code Enforcement Official III 1,2 Code Enforcement Official II 1,2 Code Enforcement Official 1 1,2 Chief Building Official/Fire Marshal 1, 2 Deputy Fire Marshal 1, 2 Plan Checker 1,2 Deputy Building Official 3e Building Inspector II 3e Building Inspector I 3e Fire Prevention Inspector II 3e Fire Prevention Inspector I 3e Community Services Community Services Director 3f, 3g Assistant Director Community Services 3f, 3g Senior Recreation Supervisor 3f, 3g Recreation Supervisor - Athletics 3f, 3g Recreation Supervisor - Child Care 3f, 3g Recreation Supervisor - Youth Services 3f, 3g Recreation Supervisor - Pickleweed 3f, 3g Community Center Recreation Supervisor - Terra Linda 3f, 3g Community Center Cultural Affairs Supervisor 3f, 3g 1 DISCLOSURE DEPARTMENT POSITION CATEGORY Fire Fire Chief 2, 3d, 3g Fire Division Chief 2, 3d, 3g Fire Administrative Chief 2, 3d, 3g Battalion Chief - Operations 2, 3d, 3g Fire Captain Specialist 2, 3d, 3e, 3g Administrative Analyst 2, 3d, 3g Library Library Director 3d, 3g Management Services Finance Manager 1,2 Accounting Supervisor 1,2 Revenue Supervisor 2, 3 (in entirety) Human Resources Director 3a, 3g Information Technology Manager 3d, 3e, 3g Network Analyst 3d, 3g Parking Services Manager 1,2 Parking Operations Supervisor 2, 3d, 3g Administrative Analyst 2, 3d, 3g Police Police Chief 3d, 3e, 3f, 3g Police Captain 3d, 3e, 3f, 3g Police Lieutenant 3d, 3e, 3f, 3g Civilian Supervisor (Records) 3d, 3e, 3f, 3g Personnel & Training Manager 3f, 3g Training Officer 3f, 3g Training Personnel 3f, 3g Business Office Manager 3d, 3e, 3f, 3g Public Works Public Works Director/ City Engineer 1,2 Operations & Maintenance Manager 1,2 City Traffic Engineer 1,2 Administrative Manager 1,2 Traffic Engineer 3g Associate Traffic Engineer 3g Traffic Technician I 3g Senior Civil Engineer 3g Civil Engineer 3g Principal Civil Engineer 3g Senior Associate Engineer 3g Associate Engineer 3g Engineering Technician II 3g GIS Analyst 3g Public Works Inspector 3e Parks Superintendent 3d, 3e Grounds Supervisor 3d, 3e Public Works (cont'd) Shop & Equipment Supervisor 3d Pa DEPARTMENT POSITION Street Division Superintendent Street Maintenance Supervisor Sewer Maintenance Superintendent Sewers Supervisor Facility Repair Supervisor DISCLOSURE CATEGORY 1,2 1,2 3e 3e 1.2 Redevelopment Economic Development Director / 1,2 Assistant Executive Director, Redevelopment Agency Economic Development Program Coordinator 1,2 Events Coordinator 1,2 Boards & Commissions Cultural Affairs Commission 1,2 Design Review Board 1,2 Downtown Business Improvement District Board 1,2 Geotechnical Review Board 1,2 Park & Recreation Commission 1,2 Consultants ** 1.2 ** With respect to Consultants, the relevant department head may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in these categories. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The department head shall forward a copy of this determination to the City Council. Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code. w:\City Clerk- workFile\FPPC\Conflict of Int -700 series\Appendix A -Designated Employees 2008.doc 3 APPENDIX B Disclosure Categories Category 1: All investments and sources of income. Category 2: All interests in real property. Category 3: Investments in business entities and sources of income of the type which have or foreseeably could contract with the City to provide services, supplies, materials, machinery, or equipment; or which could be enhanced when a designated employee makes or participates in making a decision. a. Personnel agencies or personnel consultants; b. LexisNexis and Marin County newspapers; c. Financial institutions; d. Department record forms, communications equipment, safety equipment, firefighting or fire detection equipment, automotive or rolling stock sales, automotive parts or equipment, general departmental supplies or equipment; e. Building supplies or building, contractor, or construction firms; f. Travel agencies, recreation and athletic supplies, building maintenance and cleaning supplies; g. Book, software, and audio-visual publishers and distributors; computer equipment manufacturers and distributors. NOTE: PENALTY FOR LATE FILING: AS REQUIRED UNDER THE POLITICAL REFORM ACT OF 1974, AS AMENDED, SECTION 91013, IF ANY PERSON FILES AN ORIGINAL STATEMENT AFTER ANY DEADLINE, HE SHALL BE LIABLE IN THE AMOUNT OF $10.00 PER DAY W ACity Clerk- WorkFileTPPC\Conflict of Int -700 seriesWppendix B -Disclosure Calegories.actualoc.doc