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HomeMy Public PortalAbout2013.047-2 (04-02-13)"i RESOLUTION NO. 2013.047 -2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE CITY OF LYNWOOD'S CONFLICT OF INTEREST CODE AND REPEALING CITY COUNCIL RESOLUTION NO. 2010.227 BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY FINDS, ORDERS AND RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Lynwood finds, determines, and declares as follows: A. The Political Reform Act of 1974 (Political Reform Act), California Government. Code Section 81000 et seq., requires a city to adopt and periodically review its conflict of interest code and make amendments as and when appropriate. B. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the "Model Code "). The Model Code, which is codified at 2 California Code of Regulations Section 18730, may be incorporated by reference as a city's conflict of interest code. C. The City's Conflict of Interest Code designates certain City officials and employees as being required to disclose their financial interest(s) and sets forth the type of financial interests to be disclosed, as required by the Political Reform Act. D. On October 19, 2010, The City Council adopted Resolution 2010.227 amending its Conflict of Interest Code by incorporating, by reference, the Model Code, and repealing Resolution Nos. 2006 -207, 83 -32, 96 -156, 98- 202, 02 -130, and 04 -152. E. The Political Reform Act requires the City to review and update its Conflict of Interest Code every two years. Section 2. - -Given the passage of time and various amendments to the Model Code, and based - upon additions, deletions and name changes to various designated positions, the City hereby determines that it is both necessary and appropriate to update its Conflict of Interest Code, to revise the list of designated positions, and to assign appropriate disclosure categories for those positions, as required by Government Code Section 87306. Section 3. The City hereby amends . its Conflict of Interest Code by incorporating by reference the Model Code, attached hereto as Exhibit "A," and any amendments to it that are duly adopted by the Fair Political Practices Commission; and the Designated Positions and Disclosure Categories, attached 'hereto as the Appendix, both of which shall constitute the City's Conflict of Interest Code. Section 4. Persons holding designated positions shall, file ..a_. Statement of Economic Interest (Form 700) pursuant to -Sections ,4 : and 5. of the City''s Conflict of Interest Code as set forth in 2 California Code of Regulations Section. 18730, subsection. (b)(4) and (b)(5). Section 5. Incorporation by reference of the terms of the. aforementioned Model Code and any future amendments to it in the City's Conflict of- Interest Code will save the City Council time and the expenditure of public funds by minimizing the actions required to maintain conformity with the Political Reform Act. Section 6. Pursuant to the provision's: of California Government Code Section 87311, officers, employees, members of the public, consultants, and residents of the jurisdiction were given adequate notice and a fair opportunity to present their views. Section 7. The Conflict of Interest Code adopted by the. City Council on October 19, 2010 by Resolution No. 2010.227 and all prior versions of the City's Conflict of interest Code are hereby repealed in its entirety. Section 8. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 2 nd day of April, 2013. Salvad r Alatorre', Ma y ATTEST: Maria Quinonez; City Clerk Fr d Galante, - City Attorney APPROVED AS TO FORM: STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 2 nd day of April, 2013. AYES: NOES: ABSENT: ABSTAIN COUNCIL MEMBERS CASTRO, SANTILLAN-BEAS, MORTON, RODRIGUEZ AND ALATORRE NONE NONE NONE f r aria uinonez, ity Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2013.047 -2 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 2 nd day of April, 2013. " RO FA O W F54i INE 0, 0 A W�Wv';" " ari inonez - EXHIBIT "A" Model Conflict of Interest Code Regulations of the fair Political Practices Commission, Title 2, Division 6, California Code of Regulations § 18730 (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts'of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal_ Code of Regs. sections 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. it has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if . they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the :other agency: is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the.same for both agencies. Such persons are covered by this, code for disqualification purposes. only. With respect to all other designated employees, the, disclosure categories :set forth in the Appendix specify which kinds . of economic interests, are reportable. Such a designated employee shall disclose in` °his "'or her statement of'.economic''interests. those economic interests 'he or 'she has, which are of the kind described in .the disclosure categories to which he or she is assigned. in the Appendix It.-'h'as been determined that the economic `interests set forth 'in a `,designated,employee "s disclosure categories are the kinds of economic intefests' which he or ' s'he foreseeably can affect materially through the conduct of his or her (4) Section 4. Statements of Economic Interests ..Place of"Filing. The code reviewing body shall instruct all designated 'empl within its code. to file statements of economic 'interests with the agency, or with` the ''bode reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees''employed by the agency on.the effective date of this code, as originally adopted,_ promulgated: and approved,` by the code reviewing body, shall file _statements within. 3,0 ;days, after the effective date of this code: Thereafter, each person already in a` position.:when it 'is designated by an amendment,to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming- designated - positions after the effective date of this code shall file statements - within 30 `days after ' Designated employees who are required to file statements of economic interests under any other agency's conflict of interest node, or under article .2 Jo' a, different jurisdiction, may expand their statement of economic interests #o `cover .reportable interests in both jurisdictions, and file copies of this expanded-.statement. -with both entities in lieu of filing separate and distinct statements, ,provided that each copy of such expanded statement filed' in place of an original is signed and verified by'the`designated employee as if it were an original. See Government Code section 81004. ` See Government Code section 81010 and 2 Cal. Code of Regs. section 1811 for the duties of filing officers and persons -in agencies who make and retain copies of statements and forward the originals to the filing officer. assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for ,Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall.not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. . (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Government Code section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to .2- Cal. Code 'Regs. section 18754. (D) - Contents of Leaving Office. Statements. Leaving office statements shall disclose reportable investments, interests -in real property, income and business positions held` or received zduring'; the - period between the closing date of the last statement filed and the date of.leavi'ng office: (7) Section 7. Manner of Reporting. Statements of economic interests shall be made, on forms prescribed by the Fair , Political Practices Commission and-supplied by the agency, and, shall- :contain.:thb following information: (A). Investment and Real Propertybisclosure.. When an investment or an interest in. real property is required -to - reported. 4 the statement shall contain the following: 1. A statement of the nature of�the investment or interest; 2. The name of the business entity in which each' investment - -is : and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property;. 4. A statement whether the fair market value of the investment or, inrterest in. real property equals or exceeds two thousand dollars ($`2,000) exceeds ten thousand dollars ($10,000), exceeds one , hundred:- thousand dollars ($100,000), or exceeds one million dollars ($1,000,000): (B) Personal Income Disclosure. When personal income is required to be reported, 5 the statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars ($500) or more in value or fifty dollars ($50)` or .more -.in value -if the income was a gift, and a general description of the business any; �of each source; 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Investments and interests in real property which have a fair market value of :less than $2,000 are not investments and interests in real property within m'the , meaning of th Political Reform Act. However, investments or 'interests in real, property of. ' individual include; those held by the individual's spouse and dependent children as'well as a pro; rata share of any investment or interest in real property of any business- .entity. qr trust in which the individual, spouse and dependent children -,own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5 A designated employee's income includes his or her community property - interest `i,n the income of his or her spouse but. does not include salary or, . reimbursement for expenses received from a state, local or federal government agency. 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater. than one hundred thousand dollars ($100,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the, amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share 'of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of - the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8).Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee .of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. Note; Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code. This section shall not apply to. any part -time member.ofjhe ; governing. °board ,of any public institution of higher education, unless,the. member is al9oaan elected' official. Subdivisions (a), (b), and (c) of Government. Code 'Section :89501 4shdll. apply to the :prohibitions in this section. This section shall not limit or prohibit payments, : advances, -or reimbursements for travel and related lodging and subsistence authorized; by_ Government Code section 89506. (8.1) Section 8.1. Prohibition on- Receipt of Gifts in Excess of $420. (A) No member of a state board or commission, and no designated employee of, a state or local government agency, shall accept-gifts: with a'total .value, of more than $4 in a calendar year from any single source,' if te h member or,employee would be required to report the receipt of income or gifts from thatsource on his or her statement of economic interests. This section shall not apply to any part- time member of the governing board of any public institutionof education, unless the member is also an elected official.. Subdivisions (e), (f), and (g) of Government Code section 8950.3 shall °apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from -. the date of his or her election to office through the date that .,he. or- she, vacates office, receive a personal loan from any officer, employee, member; or consultant ,ofthe state or local government agency in which the -elected. officer,holds`office or over which the elected officer's agency has direction and control=. (B) No public official who is exempt from the. state civil service to subdivisions (c); (d), (e), (f), and (g) of Section. 4 of Article VI1- of the Constitution shall, while he or she holds office, receive a personal - 'loan from any officer, employee, member, or consultant of the state or local in which the public official holds office or over which the public official's, agency has direction and' This subdivision, shall 4 not apply to loans made to .a public official whose duties are solely. secretarial, clerical manual:.- (C) No elected officer of a state or local government agency�shall, froftthe, date of his or her election to office through the date that he or she'. vacates office, receive a personal loan from any person who has a cdntract .with the °state -.or local government agency to which that elected officer. 'has :e.lected 6r over which that elected officer's agency.. has direction" and °control: This. subdivision shall not apply to loans made by banks 'or , other financial institiutions'or to: a`n:y indebtedness created as part of a retail installment`,or credit.card transaction; if the loan is made or the indebtedness created in the. lender's.regular ; cgurse of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which .that elected officer has been elected or over which that elected officer's agency has direction and control'. This subdivision shall not apply to loans made by banks or other financial institutions or to any' indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual, (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in -law, brother -in -law, sister -in -law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the.loan and the amount of the payments, and the rate of interest paid on the loan. (B) This. section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse,, child, parent, grandparent, grandchild, brother, sister, parent -in -law, brother -in -law, sister - in- law,'nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, -provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B),, a personal loan, received' by. any designated employee shall become a gift to the .designated employee for the purposes of this. section in the following circumstances 1. If the loan has a.defined date or dates for repayment;, when - the' statute of limitations for filing an action for default has expired. 2. If the loan has no °defined date or dates for repayment, when one - :year °has elapsed from the later of the -following: a. The date the loan was made. b_ The date the last payment of one °hundred dollars ($100) r or"more -was made on the loan. c. The date upon which the debtor has made" payments ,on,the loan aggregating to less than two hundred: fifty' dollars` ($25`0) ,.during the - previous 12 months. (B) This section shall not apply to the following types of "loans: 1. A loan made to the campaign committee of`.an elOctedr officer or a candidate for elective office. 2. A loan that would otherwise not be a giftas defined in this - title: , 3. A loan that would otherwise be a gift as set:forth,under subdivision (A.),,:but on which the creditor has taken reasonable action-to collect'thebalance due. 4. A loan that would otherwise be a gift.as set forth under subdivision: (A)., but on which the creditor, based on reasonable -business considerations, has inot undertaken collection action. Except in a criminal . action, a creditor who claims that loan is not a gift on the basis of this paragraph hasathe proving that the decision for not taking collection action was" b 6d on. reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and -, _the- loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other- 6s -of Title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make, participate in� making, °or - in position to influence the 'makin of an 'any way attempt 'to which he or she knows or has reason to,know will ha a ve reasona obl f` use his or her official " overnmental",decision reseeable material financial effect, distinguishable from its effect on.the public generally, on the official or a member of his or her immediate family, or on: (A) Any business entity in which the designated employee has.a director indirect investment worth two thousand dollars.. ($2;000) or more; (B) Any real property in which the designated employee has: a direct or indirect interest worth two thousand dollars ($2,000) or more; (C) Any source of income; other than gifts and other than "loans by -a cornmercial lending institution in the regular course of business` on terms avaiiable to the public without regard to official status, aggregating five hundred dollars ;($500) lor more in value provided to, received by or promised to the. designated employee within 12 months prior to the time when the. decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $420 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official .action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 and 2 Cal. Code Regs. sections 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000 - 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 occurred' may be set aside as void pursuant to Government Code section 91003. APPENDIX DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES CONSULTANTS Designated Position Disclosure Categories Consultants Not all persons who perform services as a consultant pursuant to a contract with the City are subject to the requirements of this Code or are required to file Statements of Economic Interest with the City Clerk. To determine whether a consultant is subject to this Code and required to file a statement of Economic Interest or not, the Department Director who is charged with overseeing the consultant's work should determine whether the work to be performed meets the criteria set forth below. If the criteria specified below is satisfied, the person is a "consultant" within the meaning of this Code and would be subject to the requirement that he or she file a Statement of Economic Interest. If the person does not satisfy the criteria, the persons would be exempt from the Political Reform Act, and exempt from this Code and the requirement to file a Statement of Economic Interest. The criteria to be satisfied in order to require the consultant to be subject to this Code is that the person either: (1) has the authority to make a final governmental decision whether to: (a) approve a rate, rule or regulation; (b) adopt or enforce a law; (c) issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement (d) authorize the city to enter into, modify, or renew a contract provided it is the type of contract which requires the city's approval; . (e) grant city approval to a plan, design, report, study, or similar item; (f) adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; [oil (2) serves in a staff capacity with the City and in that capacity, performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified elsewhere in the City's Conflict of Interest Code. CONSULTANTS DISCLOSURE_CATEGGRIES For consultants who serve in a staff capacity with the City,, the".consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For consultants who do not serve in a staff capacity, the following disclosure categories shall be used. Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below : unless the Qepartmorit ~Director. determines in writing, that a particular consultant.-is hired -to � peffbrm..a range of duties that is limited in scope and thus is '�ndt required to fully comply with the disclosure requirements in .categories A, B, >C and D-. Such written determination shall include a description, of ,the, consultant's- duties and, based upon that description, a statement. of -the extent of,.disclosur..e requirements. The Department Director's determination is- a public record and shall be retained for public inspection in the same manrner and location as this conflict of interest code. A. Reportable interests in real property in the:jurisdiction : B. Reportable income C. Reportable investments D. Reportable business positions CITY CLERK'S OFFICE Designated Position City Clerk Deputy City Clerk Disclosure Categories 1, 2, 3 1, 2, 3 CITY CLERK'S OFFICE DISCLOSURE CATEGORIES 1. Reportable income from persons and business entities providing, that plan to provide, or that have provided within 'two years from the time a Statement is required under this conflict of interest code, services or supplies to the City under the direction of the City Clerk. 2. Reportable investments in business entities providing, that plan to provide, or that have provided within two years from the time a statement is required under this conflict of interest code, services or supplies to the City under the direction of the City Clerk. 3. Reportable business positions in business entities providing, that plan to provide, - or that have provided within two years from the time a statement is required under this conflict of interest code, services or supplies to the City under the direction of the City Clerk. CITY TREASURE'R'S OFFICE Designated Position Disclosure Categories City Treasurer 1 Deputy City Treasurer 2, 3, 4 CITY TREASURER'S OFFICE DISCLOSURE CATEGORIES. Disclosure is required pursuant to Government Code Section 87200. No additional disclosure is required by this Conflict of Interest Code., 2. Reportable income from any financial institution in which - the;City funds.,. plans to deposit funds, or has deposited funds within two years prior to the time any statement is required under this conflict of interest'code. 3. Reportable investments in any financial institution - in which they City, deposits funds,, plans to deposits funds, or, has deposited funds within, two years:prior to the time a statement is required under this conflict of interest code. 4. Reportable business positions in any financial institution An which the City, deposits funds, plans to deposit funds, or has deposited funds within two years prior to the time a statement is required , under this conflict'of interest code. DEVELOPMENT SERVICES DEPARTMENT Designated Position Director of Development Services Development Services Manager Special Projects Manager Disclosure Categories 1, 2, 3, 4 1, 2, 3, 4 1, 2, 3, 4 DEVELOPMENT SERVICES DEPARTMENT DISCLOSURE CATEGORIES 1. Reportable interests in real property in the jurisdiction 2. Reportable income from persons and business entities that either: (i) have an interest in real property in the jurisdiction or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services subject to the review or approval of the Development Services Department: or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction of the Development Services Department. 3. Reportable investments in any business entities that either: (i) have an interest in real property in the jurisdiction or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services subject to the review or approval of the Development Services Department; or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction of the Development Services Department. 4. Reportable business positions in any business entities that either: (i) have an interest in real property in the jurisdiction or provide, plan to provide, or have provided within two years prior to the time a statement is °required under this- conflict of :interest, tcod,e, services subject to the approval or review of the Development Services Department; or provide, plan to provide or have provided within two : years prior t6-,the~time a statement is required under this conflict of interest code; services and supplies to the City under the direction of the Development Services Department. FINANCE & ADMINISTRATION DEPARTMENT Designated Position Finance Director Finance Manager Accounting and Auditing Supervisor Billing and Collections Supervisor Information Systems Manger Disclosure Categories 1 2, 3, 4, 5, 6, 7 1 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3 FINANCE DEPARTMENT DISCLOSURE CATEGORIES 1. Reportable income from any person or business entity from which the City or the Lynwood Redevelopment Agency purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services. 2. Reportable investments in any business entity from which the City or the Lynwood Redevelopment Agency purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services. 3. Reportable business positions in any business entity from which the City or Lynwood Redevelopment Agency purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services. 4. Reportable income from any person or business entity doing business in the jurisdiction, planning to do business in the jurisdiction, or that having done business in the jurisdiction within two years prior to the time a statement is required under this conflict of interest code. 5. Reportable investments in any business entity doing business in the jurisdiction, planning to do business in the jurisdiction, or that has done business in the jurisdiction within two years prior to the time a statement is required under this conflict of interest code. 6. Reportable business positions in any business entity doing business in the jurisdiction, planning to do business in the jurisdiction, or that has done business in the jurisdiction within two years prior to the time a statement is required under this conflict of interest code_ 7. Reportable interest in real property in the jurisdiction PUBLIC WORKS DEPARTMENT Designated Position Director of Public Works /City Engineer Public Works /Engineering Manager CIP'Manager Utility Service Manager Public Works Special Projects Manager Disclosure Category 1, 2, 3, 4 1, 2, 3, 4 1, 2, 3, 4 1, 2, 3, 4 1, 2, 3, 4 PUBLIC WORKS DEPARTMENT DISCLOSURE CATEGORIES 1. Reportable interests in real property in the jurisdiction 2. Reportable income from persons and business entities that either: (i) have an . interest in real property in the jurisdiction or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services subject to the review or approval of the Public Works Department: or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction of the Public Works Department. 3. Reportable investments in any business entities that either: (i) have an interest in real property in the jurisdiction or (ii) ' provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services subject to the review or approval of the Public Works Department. (iii) provide,' rovide; plan to provide or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction of the Public Works Department. 4. Reportable business positions in any business entities that either: (i) have an interest in real property in the jurisdiction or HUMAN RESOURCES. DEPARTMENT Designated Position Disclosure Categories Director of Human Resources 1, 2, 3 HUMAN RESOURCES DEPARTMENT D'I'SCLOSURE CATEGORI'E`S Reportable income from persons and business entities that .`provide, Ab. provide, or have provided within two years prior to, the time a .-statement` is required under this conflict of interest code, supplies or services.to --the. City under the supervision, direction or control of the Department of Human Resources 2. Reportable investments in business entities that provide, plan tb,'provide "or have provided within two years prior to the time a statement is',' required .under this conflict of interest code, supplies or services to the City under the supervision, direction -or control of the - Department of Human .Resources. 3. Reportable business positions in business entities that provide, plan to.:;provide, or have provided within two years prior to the• time a statement is required under this conflict of interest code, supplies or services °to the City, under the supervision, direction or control of the Department of Human.Resources. COMMUNITY DEVELOPMENT DEPARTMENT Designated Position Director of Community Development Deputy Director of Administrative Services Community Development Associate Disclosure Cate, oc� ries 1, 2, 3, 4 1, 2, 3, 4 1, 5, . 6, 7 COMMUNITY DEVELOPMENT DEPARTMENT DISCLOSURE CATEGORIES 1. Reportable interests in real property in the jurisdiction 2. Reportable income from persons and business entities that either: (i) have an interest in real property in the jurisdiction or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services subject to the review or approval of the Community Development Department: or (iv) provide, plan to provide or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City or Lynwood Successor Agency under the direction of the Community Development Department. 3. Reportable investments in any business entities that either: (i) have an interest in real property in the jurisdiction; or (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services subject to the review or approval of the Community Development Department; or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City or Lynwood Successor Agency under the direction of the Community Development Department. 4. Reportable business positions in any business entities that either: (i) have an interest in real property in n the jurisdiction or provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services subject to the review or approval of the Public Works Department. (iv) (iii) provide, plan to provide or have provided within .two years, prior.to the time a statement is required under this conflict of. ;interest code, services or supplies to the City under the direction of the - Public Works Department. RECREATION & COMMUNITY SERVICES DEPARTMENT Designated Position Disclosure Categories Director of Recreation & Community Services 1, 2, 3, 4 Deputy Director of Recreation 2, 3, 4 & Community Services Facility and Program Supervisor 2, 3, 4 Recreation Superintendent II 2, . 3, 4 RECREATION & COMMUNITY SERVICES DEPARTMENT DISCLOSURE CATEGORIES Reportable interests in real property in the jurisdiction 2. Reportable income from persons and business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction of the Recreation & Community Services Department. 3. Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction of the Recreation & Community Services Department. 4. Reportable business positions in business entities that provide, plan to 'provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction of the Recreation & Community Services Department. (ii) provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services subject to the approval or review of the Community Development Department; or (iii) provide, plan to provide or have provided within two years prior to the time a statement is required under this conflict of interest code, services and supplies to the City or Lynwood Successor Agency under the direction of the Community Development Department. 5. Reportable income from any person or business entity providing or receiving., or that plans to provide or receive, or that has provided or received within two years from the time a conflict of interest statement is required pursuant to this conflict of interest code, services or supplies for the construction or rehabilitation of residential property under programs administered by the City , or the. Lynwood Successor Agency. 6. Reportable investments in any business entity providing, that plans to provide, or that has provided within two years from the time a conflict of interest statement is required pursuant to this conflict of interest, code, services or supplies for the construction or rehabilitation of residential property under programs administered by the City or the Lynwood Successor Agency. 7. Reportable business positions in any business entity providing, that plans to provide, or that has provided with1n two years from the time a conflict of interest statement is required pursuant to this conflict of interest code, services or supplies for the construction or rehabilitation of residential property under programs administered by the City of the Lynwood Successor Agency. PUBLIC RELATIONS DEPARTMENT Designated Position Disclosure Categories Director of Public Relations 1, 2, 3, 4 Public Information Officer 2, 3, 4 Media Specialist 2, 3, 4 PUBLIC RELATIONS DEPARTMENT DISCLOSURE CATEGORIES 1. Reportable interests in real property in the jurisdiction. 2. Reportable income from persons and business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction of the Public Relations Department. 3. Reportable investments in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction of the Public Relations Department. 4. Reportable business positions in business entities that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services or supplies to the City under the direction of the Public Relations Department.