Resolution 12073CITY OF ALAMEDA RESOLUTION NO. 12073
AMENDING CONFLICT OF INTEREST CODE BY AMENDING PARAGRAPH
TWO OF RESOLUTION NO. 9460 RELATIVE TO DISCLOSURE
POSITIONS AND DISCLOSURE CATEGORIES AND RESCINDING
RESOLUTION NO. 10848.
BE IT RESOLVED by the Council of the City of Alameda that
City of Alameda Resolution No. 10848 is hereby rescinded; and
BE IT FURTHER RESOLVED by the Council of the City of
Alameda that Paragraph 2 of the Conflict of Interest Code set forth
in Resolution No. 9460 be amended thereof to read:
2. The terms of 2 Cal. Adm. Code Section 18730 and any
amendments to it duly adopted by the Fair Political Practices
Commission along with the attached Appendices in which officials
and employees are designated and disclosure categories are set
forth, are hereby incorporated by reference and constitute the
Conflict of Interest Code for the following departments and
agencies:
Building Code Board of Appeals
Bureau of Electricity
City Attorney's Office
City Clerk's Department
City Council
City Manager's Department
Civil Service Board
Claims Board
Community Development Department
Economic Development Commission
Finance Department
Fire Department
Golf Commission
Historical Advisory Board
Housing Authority
Housing Commission
Library Board
Library Department
Pension Board
Personnel Department
Planning Department
Planning Boar
Police Depart.. nt
Public Works Department
Recreation Commission
Recreation and Parks Department
Social Service Human Relations Board
* Recinded by Resolution No. 12229
DESIGNATED POSITIONS
and
DISCLOSURE CATEGORIES
DESIGNATED POSITIONS* DISCLOSURE CATEGORY
Building Code Board of Appeals
Board Members A through H
Bureau of Electricity
Board Members, except City Manager** A through H
General Manager A through H
Assistant General Manager,
Business and Finance*** A through H
Assistant General Manager,
Plant and Facilities A through H
Assistant to General Manager A through H
Assistant General Manager -
Power Resources A through H
Buyer A through H
Commerical Manager A through H
Electrical Inspector
Engineering Manager A through H
Financial Analyst**
General Services Manager A through H
Senior Electrical Inspector A through H
City Attorney's Office
City Attorney**
Asst. City Attorney
Risk Manager
A through H
A through H
City Clerk's Department
City Clerk A through H
Deputy City Clerk A through H
Consultants who have decision making authority with regard to
investmr.nt of City funds are subject to reporting requirements
covered by other law.
** Reporting requirements covered by other law.
*** Should be same reporting category/law as Finance Director
because of investments.
Appendix A - Page 1 of 4
City Council
City Council Members*
City Manager's Department
City Manager*
Assistant City Manager
Assistant to the City Manager
Civil Service Board
Board Members
Claims Board
Board Members
Community Development Department
None
A through H
A through H
None
A through H
Director A through H
Economic Development Manager A through H
Neighborhood Development Manager A through H
Reconstruction Specialist II A through H
Economic Development Commission
Commission Members
Finance Department
Auditor
Treasurer*
Finance Director*
Accounting Manager
Purchasing Agent
Revenue Accountant*
Fire Department
Fire Chief
Assistant Chiefs
Captains in Fire Prevention
Cw'cain of Emergency Medical Service
C retain of Fire Training
Lieutenant of Fire Prevention
Firefighter Inspector
Management Analyst
*Reporting requirements covered by other law.
None
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
Appendix A - Page 2 of 4
Golf Commission
Commission Members None
Housing Authority
Executive Director A through H
Housing Commission
Commission Members A through H
Historical Advisory Board
Board Members A through H
Library Board
Board Members A through H
Library Department
Library Director
Deputy City Librarian
Library Technician (Order Clerk)
Pension Board
Board Members*
Personnel Department
Personnel Director
Planning Board
Board Members*
Planning Department
Planning Director
Assistant Planning Director/
Zoning Administrator
Associate Planner
Assistant Planner
Police Department
Chief of Police .
Police Captains
Police Lieutenants
*Reporting requirements covered by other law.
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
Appendix A - Page 3 of 4
Public Works
Public Works Director
Public Works Coordinator
Chief Building Inspector
Senior Building Inspector
Building Inspector
Senior Plumbing Inspector
Plumbing Inspector
Permit Supervisor
City Engineer
Principal Engineer
Survey and Construction
Inspection Supervisor
Survey Party Chief
Construction Inspector
Transportation Engineer
Transportation Planner
Management Analyst
Public Works Maintenance
Superintendent
Administrative Services Coordinator
Recreation Commission
Commission Members
Recreation and Parks Department
Director of Recreation & Parks
Recreation Manager
Recreation Supervisors
Park Maintenance Supervisor
Golf Operations Manager
Golf Course Maintenance
Supervisor
Social Service Human Relations Board
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
None
A through H
A through H
A through H
A through H
A thorugh H
A through H
Board Members None
Appendix A - Page 4 of 4
Revised 02-05-91
DISCLOSURE CATEGORIES
An investment, interest in real property, or income is
reportable if the business entity in which the investment is held,
the interest in real property, or the income or source of income
may foreseeably be affected materially by any decision made or
participated in by the designated employee by virtue of the
employee's position.
An investment, interest in real property, or source of income
or gift does not have a foreseeable material effect on an economic
interest of the designated employee unless the business, real
property or source of income or gift may foreseeably require
legislative action or permits from the City of Alameda or may
foreseeably enter into contracts or leases with or make sales of
real property or goods or services to or be sold to the City of
Alameda, a department thereof or the Housing Authority of the City
of Alameda.
In general, that which a reasonable person would predict,
anticipate, or expect beforehand, can be said to be "foreseeable."
The term requires the application of reasonable judgment to assess
the degree of likelihood that a decision made or participated in
will as financial interest. Where the likelihood is sufficiently
great that a reasonable person would predict or anticipate an
effect on a financial interest, the effect of the decision is
foreseeable. Clearly, in the context of designating positions
within a Conflict of Interest Code, "foreseeable" means greater
probability than "conceivable," yet less probability than
"certainly".
CATEGORY A - INVESTMENTS
All direct or indirect investments of the designated employee
valued over $1,000 in a business entity, including any parent,
subsidiary or related business, either (1) located in Alameda or
(2) doing business in Alameda.
CATEGORY B - INTERESTS IN REAL PROPERTY
All direct or indirect interests over $1,000 of the designated
employee in real property located in Alameda.
CATEGORY C - INVESTMENTS AND INTERESTS IN REAL PRCPERTY HELD BY
BUSINESS ENTITIES OR TRUSTS
All investments or real property with more than $1,000 in a
business entity or trust which does business in Alameda, in which
a direct or indirect interest of 10% or more is held by the
designated employee.
Appendix B - Page 1 of 1
CATEGORY D - INCOME (OTHER THAN GIFTS AND LOANS)
All direct or indirect income of the designated employee
aggregating $250 or more from any one source, during the reporting
period.
CATEGORY E - LOANS
Outstanding loans and loans received by the designated
employee from one source, aggregating $250 or more during the
reporting period.
CATEGORY F - GIFTS
Gift to the designated employee from one source, which total
$50 or more during the reporting period.
CATEGORY G - BUSINESS POSITIONS
Names of any business entity and job title or position in any
firm in which the designated employee is a director, officer,
partner, trustee, employee or holds any position of management.
CATEGORY H - INCOME AND LOANS TO BUSINESS
Names of individuals or entities, located in or doing business
in Alameda, which made payments or loans to a business entity or
rental property in which the designated employee and/or spouse
owned an aggregate interest of at least 10%, and whose pro rata
share such payment is $10,000 or more.
Appendix B - Page 2 of 2
INCOMPATIBLE ACTIVITIES
(A) No officer or employee shall engage in any employment,
activity, or enterprise form compensation which is inconsistent,
incompatible, in conflict with, or inimical to his /her duties as
an officer or employee or with the duties, functions or
responsibilities of his /her appointing power or the agency. No
officer or employee shall perform any work, service or counsel for
compensation outside of his /her employment where any part of
his /her efforts will be subject to approval by any other officer,
employee, board of commission of his /her employing body.
(B) An employee or officer's outside employment, activity or
enterprise is prohibited if that:
(1) Involves the use for private gain or advantage of his /her
departmental time, facilities, equipment and supplies;
the badge, uniform, prestige or influence of the
departmental office or employment;
(2) Involves receipt or acceptance by the officer or employee
of any money or other consideration from anyone other
than the City for the performance of an act which the
officer or employee, if not performing such act, would
be required or expected to render in the regular course
or hours of his /her employment as a part of his /her
duties as a local agency officer or employee;
(3) Involves the performance of an act in other than his /her
capacity as an officer or employee which act may later
be subject directly or indirectly to the control,
inspection, review, audit or enforcement of any other
officer or employee of the department by which he /she is
employed
(4) Involves such time demands as would render performance
of his /her duties as an office or employee less
efficient.
This Appendix C shall apply to all employees, officers and
agents within the agencies covered by this Code.
(This Appendix does not incorporate by reference the
definitions of the Political Reform Act and the regulations adopted
pursuant thereto. Interpretations of Government Code Section 1126
are applicable and interpretations of the Political Reform Act may
apply.)
Appendix C - Page 1 of 1
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the nineteenth
day of February, 1991, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Thomas,
Withrow and President Corica - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this twentieth day of February, 1991.
ti
/%477vi /
Dianej Felsch, City Clerk
City of Alameda