HomeMy Public PortalAbout2010.227 (10-19-10) RESOLUTION NO. 2010.227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING
THE CITY OF LYNWOOD'S CONFLICT OF INTEREST CODE, WHICH
INCORPORATES BY REFERENCE THE CONFLICT OF INTEREST CODE
PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND
REPEALING CITY COUNCIL RESOLUTION NO. 2006-207
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 November 7, 2006, the City Council adopted Resolution No. 2006-207
amending its Conflict of Interest Code by incorporating, by reference, the
Model Code, and repealing Resolution Nos. 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. However, because the City is unable to locate
its Conflict of Interest Code adopted by Resolution No. 2006-207, the Conflict
of Interest Code approved by Resolution 2002-130 is currently used by the
City and shall be updated by this Resolution, pursuant to the Political Reform
Act.
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 provisions 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
November 7, 2006 by Resolution No. 2006-207 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 19 day of October, 2010.
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Maria T. Santillan, Mayor
ATTEST:
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Maria Quinonez, City Clerk � Roger L. Hale , City Manager
APPROVED AS TO FORM:
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Fred Galante, City Attorney Robert Torrez, �is ant City
Manager
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 19 day of October, 2010.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO
AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez, City 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. 2010.227 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 19 day of October,
2010.
�
Maria Quinonez, City Clerk
EXHIBIT "A"
Model Conflict of Interest Code
Requlations of the Fair Political Practices Commission, Title 2, Division 6,
California Code of Requlations � 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, ef 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 has been
determined that the economic interests set forth in a designated employee's
disclosure categories are the kinds of economic interests which he or she
foreseeably can affect materially through the conduct of his or her office.
(4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to
file statements of economic interests with the agency or with the code 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 30 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 code, or under article 2 for a different
jurisdiction, may expand their statement of economic interests to 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.
� 2 See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the
duties of filing officers and persons in agencies who make and retain copies of
stateme�ts 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 during the period
befinreen the closing date of the last statement filed and the date of leaving 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 the
following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property is required to be reported,
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 held, 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 interest 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, 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 activity, if 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 the meaning of the
Political Reform Act. However, investments or interests in real property of an 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 or 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 in
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 of the governing board of
any public institution of higher education, unless the member is also an elected
official.
Subdivisions (a), (b), and (c) of Government Code Section 89501 shall 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 $420 in a calendar year from any single 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. This section shall not apply to any part-
time member of the governing board of any public institution of higher education,
unless the member is also an elected official.
Subdivisions (e), (fl, and (g) of Government Code section 89503 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 of the
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 system pursuant
to subdivisions (c), (d), (e), (fl, and (g) of Section 4 of Article VII 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 government agency
in which the public official holds office or over which the public official's agency
has direction and control. This subdivision shall not apply to loans made to a
public official whose duties are solely secretarial, clerical, or manual.
(C) 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 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.
(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) 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 ($250) 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 elected officer or a
candidate for elective office.
2. A loan that would otherwise not be a gift as 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 the balance 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 not
undertaken collection action. Except in a criminal action, a creditor who
claims that a loan is not a gift on the basis of this paragraph has the burden of
proving that the decision for not taking collection action was based 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 provisions of
Title 9 of the Government Code.
(9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to
use his or her official position to influence the making of any governmental decision
which he or she knows or has reason to know will have a reasonably foreseeable
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 direct or 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 commercial
lending institution in the regular course of business on terms available to the
public without regard to official status, aggregating five hundred dollars ($500) or
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) No public official who is exempt from the state civil service system pursuant
to subdivisions (c), (d), (e), (fl, 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.
(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 has occurred may be set
aside as void pursuant to Government Code section 91003.
APPENDIX
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
CONSULTANTS
Desiqnated Position Disclosure Categories
Consultants 1
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;
(fl adopt, or grant agency approval of, policies, standards, or
guidelines for the agency, or for any subdivision thereof;
or
(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 CATEGORIES
1. 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 Department Director
determines in writing that a particular consultant 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 categories A, B, C and D. Such
written determination shall include a description of the consuttant's duties
and, based upon that description, a statement of the extent of disclosure
requirements. The Department Director'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.
A. Reportable interests in real property in the jurisdiction.
B. Reportable income.
C. Reportable investments.
D. Reportable business positions.
CITY MANAGER'S OFFICE
Designated Position Disclosure Categories
City Council Member 1
City Manager 1
Assistant City Manager 2
Assistant to the City Manager 3, 4, 5, 6
City Attorney 1
CITY MANAGER'S OFFICE DISCLOSURE CATEGORIES
1. No disclosure is required by this conflict of interest code. Disclosure is already
required by Government Code Section 87200.
2. Persons holding this position shall disclose as a Director under their applicable
department.
3. Reportable interest in real property in the jurisdiction.
4. Reportable income.
5. Reportable investments.
6. Reportable business positions.
CITY CLERK'S OFFICE
Desiqnated Position Disclosure Categories
City Clerk 1, 2, 3
Deputy City Clerk 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 TREASURER'S OFFICE
Designated Position Disclosure Categories
City Treasurer 1
Deputy City Treasurer 2, 3, 4
CITY TREASURER'S OFFICE DISCLOSURE CATEGORIES
1. 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 deposits funds,
plans to deposit funds, or has deposited funds within finro years prior to the time
any statement is required under this conflict of interest code.
3. Reportable investments in any financial institution in 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.
4. Reportable business positions in any financial institution in 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
Desiqnated Position Disclosure Categories
Director of Development Services 1, 2, 3, 4
Building and Safety Manager 1, 2, 3, 4
Development Services Manager 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
(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 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 and
supplies to the City under the direction of the Development Services
Department.
FINANCE & ADMINISTRATION DEPARTMENT
Designated Position Disclosure Cateqories
Assistant City Manager 1, 2, 3, 4, 5, 6, 7
Finance Manager 1, 2, 3, 4, 5, 6, 7
Accounting and Auditing 1, 2, 3, 4, 5, 6, 7
Supervisor
Billing and Collections 1, 2, 3, 4, 5, ,6 7
Supervisor
Information Systems Manger 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.
HUMAN RESOURCES DEPARTMENT
Designated Position Disclosure Categories
Director of Human Resources 1, 2, 3
HUMAN RESOURCES DEPARTMENT DISCLOSURE CATEGORIES
1. 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, 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 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
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.
PUBLIC WORKS DEPARTMENT
Desiqnated Position Disclosure Category
Director of Public Works/City Engineer 1, 2, 3, 4
Public Works/Engineering Manager 1, 2, 3, 4
CIP Manager 1, 2, 3, 4
Utility Service Manager 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, 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
(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.
(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.
REDEVELOPMENT DEPARTMENT
Designated Position Disclosure Cateqories
Director of Redevelopment 1, 2, 3, 4
Deputy Director of Administrative Services 1, 2, 3, 4
Deputy Director of Redevelopment 1, 2, 3, 4
Housing Manager 1, 5, 6, 7
REDEVELOPMENT 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 Redevelopment 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 Redevelopment Agency under the
direction of the Redevelopment 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 Redevelopment 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 Redevelopment Agency under the
direction of the Redevelopment Department.
4. Reportable business positions 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 approval or review of the Redevelopment 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 Redevelopment Agency under the
direction of the Redevelopment 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
Redevelopment 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 Redevelopment Agency.
7. Reportable business positions in any business entity providing, that plans to
provide, or that has provided wlth1 n 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 Redevelopment Agency.
RECREATION & COMMUNITY SERVICES DEPARTMENT
Desiqnated Position Disclosure Cateqories
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
Senior Services Manager 2, 3, 4
RECREATION 8� COMMUNITY SERVICES DEPARTMENT DISCLOSURE
CATEGORIES
1. Reportable interests in real propertv 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 finro 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.