Resolution 12887CITY OF ALAMEDA RESOLUTION NO. 12887
AMENDING CONFLICT OF INTEREST CODE BY AMENDING PARAGRAPH TWO
OF RESOLUTION NO. 9460 RELATIVE TO DISCLOSURE POSITIONS AND
DISCLOSURE CATEGORIES AND RESCINDING RESOLUTION NO. 12790
BE IT RESOLVED by the Council of the City of Alameda that City
of Alameda Resolution No. 12790 is hereby rescinded; and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
Golf Complex
Historical Advisory Board
Housing Authority
Housing Commission
Library Board
Library Department
Pension Board
Personnel Department
Planning Department
Planning Board
Police Department
Public Utilities Board
Public Works Department
Recreation Commission
Recreation and Park Department
Social Service Human Relations Board
Transportation Advisory Committee
Transportation Systems Management Committee
DESIGNATED POSITIONS
and
DISCLOSURE CATEGORIES
DESIGNATED POSITIONS
Building Code Board of Appeals
Board. Members
Bureau of Electricity
DISCLOSURE CATEGORY
A through H
General Manager A through H
AsSistant General Manager - A through H
Administration
Assistant General Manager
Operations A through H
Assistant General Manager -
Power Resources A through H.
Buyer A through H
Assistant General Manager - A through H
Customer Services
Senior Management Analyst A through H
Engineering Manager A through H
Financial Analyst A through H
Support Services Supervisor A through H
Marketing Coordinator A through H
City Attorney's Office
City Attorney*
Asst. City Attorney
Deputy City Attorney
Risk Manager
City Clerk's Department
City Clerk
Deputy City Clerk
City Council
City Council Members*
*Reporting requirements covered by other law.
A through H
A through H
A through H
A through H
A through H
Appendix A - Page 1 of 6
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
A through H
A through H
A through H
A through H
Director A through H
Housing Development Manager A through H
Economic Development Manager A through H
Development Manager A through H
Neighborhood Development Manager A through H
Reconstruction Specialist I A through H
Reconstruction Specialist II A through H
Development Specialist I A through H
Development Specialist II A through H
Cooperative Agreement Manager's Office
City Cooperative Agreement Manager
City Cooperative Agreement -
Information Systems Assistant
City Cooperative Agreement Financial
Management Assistant
Economic Development Commission
Commission Members*
Finance Department
A through H
A through H
A through H
Auditor A through H
Treasurer*
Finance Director*
Supervising Accountants A through H
Admin. Management Analyst(Budget Analyst) A through H
Admin. Management Analyst (Systems Coord.) A through H
Financial Information Systems Mgr. A through H
Admin. Services Coordinator A through H
*Reporting requirements covered by other law.
Appendix A - Page 2 of 6
Fire Department
Fire Chief
Deputy Chief
Assistant Chiefs
Fire Marshall - Captain
Asst. Fire Marshall
Training Director
E.M.S. Director
Disaster Preparedness Coordinator
Firefighter Inspector
Golf Commission
Commission Members
Golf Complex
General Manager - Golf Complex
Assistant Golf Professional
Golf Course Maintenance
Superintendent
Golf Professional
Housing Authority
Executive Director
Housing Commission
Commission Members
Historical Advisory Board
Board Members
Library Board
Board Members
Library Department
Library Director
Supervising Librarian
Library Technician (Order Clerk)
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 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 6
Pension Board
Board Members*
Personnel Department
Personnel Director
Planning Board
Board Members*
Planning Department
Planning Director
Planning Manager
Associate Planner
Assistant Planner
Junior Planner
Police Department
Chief of Police
Police Captains
Police Lieutenants
Code Enforcement Officer
Public Utilities Board
Board Members
Public Works
Public Works Director
Public Works Coordinator
Public Works Superintendant
Public Works Supervisor
Building Inspection Supervisor
Combined Building Inspector
Electrical Inspector
Building Official
City Engineer
Supervising Civil Engineer
*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
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 4 of 6
Associate Civil Engineers
Survey Party Chief
Construction Inspector
Administrative Management Analyst
Administrative Services Coordinator
Recreation Commission
Commission Members
Recreation and Parks Department
A through H
A through H
A through H
A through H
A through H
None
Recreation and Park Director A through H
Recreation & Parks Services
Manager A through H
Senior Recreation Supervisor A through H
Park Administration Manager -
NAS Base Reuse A through H
Recreation Supervisors A through H
Park Manager A through H
Social Service Human Relations Board
Board Members None
Transportation Advisory Committee
Committee Members A through H
Transportation Systems Management Committee
Committee Members A through H
Appendix A - Page 5 of 6
Consultants*
Consultants shall be included in the list of designated employees
and shall disclose pursuant to the broadest disclosure category in
the code subject to the following limitation:
The City Manager may determine in writing that a
particular consultant, although a "designated position," 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 this section. Such written determination
shall include a description of the consultant's duties and,
based upon that description, a statement of the extent of
disclosure requirements. The City Manager determination is a
public record and shall be retained for public inspection in
the same manner and location as this conflict of interest
code.
Appendix A - Page 6 of 6
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 PROPERTY 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 1096 or more is held by the designated employee.
Appendix B - Page 1 of 2
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 for 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 17th
day of June , 1997, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas
and President Appezzato - 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 18th day of June , 1997.
Diane elsch, City Clerk
City of Alameda