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1228.pdf RE50LUTION liTO. 1228 A RESOLUTION OF TIiE CITY C�UNCIL OF THE CITY OF ROLLING HILLS AMEN]DING THE CONFLICT OF INTEREST CODE OF THE CITY OF ROLLING HILLS PURSUANT TO THE POLITICAL REFORM ACT OF 1974. i�VHEREAS, the 5tate of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act"}, which contains provisions relating to conflicts of interest which patentially affect all officers, emp�oyees and consultants of the City of Rolling Hills (the "City"}, and which requires alZ public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the Ci#y Council adapted an amended Conflict of Interest Code (the "Code") by ResolutFon No. 750 dated September 26, 1994 and by Resolution No. 1091 dated Septernber 13, 2010; and Wf�REAS, subsequent changed circumstances within the City have made it advisable and necessary�ursuant to Sections 87306 and 87307 of the Act to arnend and update�he Code; anc� Wf�REAS, the potential penalties for violation of t.lie provisions of the Act are substantial and may include criminal and civil liability, as well as aquitable relief which could result in the City being restrained or prevented from acting in cases wk�ere tlae provisions of the Act may have been violated; and WHEREAS, notice af tlae fime and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided to each designa.ted employee and was publicly posted for review; and -rv-- WHEREAS, a pub�ic meeting was held upon the propased amended Code at a regular meeting o£the City Council on August 13, 201 S, at which all present were given an opport�nity to be heard on the proposed amend�d Code. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE,AND ORDER AS FOLLOWS: Section 1: The City Counci�does hereby approve and adopt the amended Conflict of Tnterest Code, a copy of which is attached hereto and shall be an file with the City Clerk and available to the public for inspection and copying during regular business hours. Section 2; That the said amended Conflict of Interest Code shall become effective immediately upon adoption and approval. Section 3: This Resolutio�n resci�z�ds all previous Conflict of Interest Codes of the City of Rolling Hills. ResolutiQn No. 1228 - 1 - PASSED,AFPRQVED, AND ADOPTED by the City Council af the City of Rolling Hills on this 13th day of August 201 S. ayor ATTEST: � Y ette Hall City Clerk Resolution No. 1228 - 2 - STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF ROLLING HILLS ) The foregoing Resolution No. 1228 entitled: A RESOLUTION OF THE CITY COUNCIL QF THE CITY OF ROLLING HILLS AMENDING THE CONFLICT OF INTEREST CODE �F THE CITY OF ROLLING HILLS PURSUANT TO THE POLITICAL REFORM ACT OF 1974. was approvec�and adopt�d at a xegulax meeting of the City Counczl on August 13, 201 S by the following roll call vote: AYES: DIERING�R, MIRSCH AND MAYOR WILS4N. NOES: NQNE. ABSENT: BLACK AND PIEPER. ABSTAIN: NONE. . � Y ette Hall ^ City Clerk Resolution No. 1228 - 3 - CONFLICT OF INTEREST CODE OF THE CITY OF ROLLING HILLS Resolution No. 1228 -4 - CONFLICT QF INTEREST CODE OF THE CITY OF ROLLING HILLS The Political Re�arm Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fa.ir Political Practices Commission has adapted a regulation (2 Cal. Code Regs. § 1873Q) that contains the terms of a standard conflict of interest code which can be incorparated by reference in an agency's code. After public notice and hearing Section 18730 may be amended by the Faair Political Practices Commission to conform to ainendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practaces Corrunission are hereby incorporated by reference. This xncorpora.tion page, Regulation 18730 and the ai#ached Appendix designating positions an� establishing disc�osure categories, shall constitute the conflict of interest code of the City of Ralling Hills(the "City"). All officials and designated positions required to submit a statement of economic interests shall f�e their statements with the City Clerk as the City's Filing Officer. The City Clerk shall make --• and r�tain a copy of all statements filed by the Mayor, Members of the City Council and Planning Cominission, the City Manager, the City Attorney and the City Treasurer, and farward the originals of such statements to the Fair Political Practices Coxx�znissian. The City Clerk sha11 retain the original statements filed by all other officials and designated positions and will make all retained statements availabXe for public inspection and reproduction during regular business hours. (Gov. Code § 8100$.} lZesolution No. 1228 � 5 -- APPENDIX C�NFLICT OF INTEREST CODE OF THE CITY OF ROLLING HILLS PART"A" The Mayor, Members of the City Cauncil and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public invesirnents, as defined by 2 Cal. Code of Regs. §1$70U.3, are NOT subject to the City's Code but must file disclosure statements under Government Code section $720U et seq. [Regs. § 18730(b)(3)] OFFICIALS WHO MANAGE PUBLIC It has been determined that the position listed below is an Other City Official wha rnanages pubiic investments1. This position is listed here far informational purposes only. Finance Director ' Indi�iduals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written ad�ice regarding their fEling obligations if they belie�e that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by§87200. Resolution No. 1228 - 6 - DFSIGNATID P�TITONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED POSITIOloTS' DISCLOSURE CATEGOR�ES TITLE OR FUNCTIOI�T ASSIGNED Assistant City Attorney (not filing under GC 8720Q) 1, 2 City Clerk 5 Senior/Associate PXanner 1, 2 PXanning Director 2, 3, 5, 6 MEMBER5 OF BOARDS C4MMITTEES & COMMgSSIONS Traffic Commission 2, 3 Consultanfs and New Positions2 2 fndi�iduals serving as a consultant as defined in FPPC Reg. 18700.3 or in a new position created since this Code was last appro�ed that make or participate in making decisions must file under the broadest disclos�re set forth in this Cocfe subject to the following limitation: The City Manager may determine that, due to the range of duties or cor�tractual obligations, it is more appropr�ate to assign a limited disclosure requirement. A clear exp�anation of the duti�s and a statement of the extent of the disclosure requirements must be in a written document. (Go�. Code §. 82019; FPPC Regs. 'f8219 and 18734.) The City Manager's determination is a public reoord and shall be retaineci fa�' public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code§. 81QQ8.) Reso�ution No. 1228 - 7 - PART "B" DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.3 Such economic interests are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdic�ion, ar have done business during the previous two years in the jurisdiction of the City. Cate�ry 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payrnents, that are located in, do business in or own real property within the jurisdiction of the City. Cat�ory 2: All interests in real property which is located in whole or in part within, or not rnare than two (2) miles outside,the boundaries of the City. Category 3: All investments and business positions in business entities, and sources of incame, including gifts, loans and travel payments, that are engaged in land de�elopment, construction or the acquisition or sa.le of real property within the jurisdiction of the City. Category 4_All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles ar equipment of a type purchased or leased by the City. Cat�All investments and business pasitions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position's department, unit or division. Category b_ All investrnents and husiness positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated employee's department, unit or divisian. Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or incorne from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions. � 3 This Conflict of Interest Code does not require t�e reporting of gifts from outsicie this agency's j�trisdiction if the source does not have sorr�e connection with or bearing upon the functions or duties of the position. (Reg. 18730.1.) Resolution No. 1228 - 8 -