Resolution 13342CITY OF ALAMEDA RESOLUTION NO. 13342
AMENDING CONFLICT OF INTEREST CODE BY AMENDING PARAGRAPH TWO OF
RESOLUTION NO. 9460 RELATIVE TO DISCLOSURE POSITIONS AND DISCLOSURE
CATEGORIES AND RESCINDING RESOLUTION NO. 13240
BE IT RESOLVED by the Council of the City of Alameda that City of Alameda
Resolution No. 13240 is hereby rescinded; and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:
Alameda Power & Telecom
Building Services Division
City Attorney's Office
City Clerk's Department
City Council
City Manager's Department
Civil Service Board
Claims Board
Development Services Department
Economic Development Commission
Finance Department
Fire Department
Golf Commission
Golf Complex
Historical Advisory Board
Housing and Building Code Hearing
And Appeals Board
Housing Authority
Housing Commission
Human Resources Department
Information Technology
Library Board
Library Department
Pension Board
Planning Department
Police Department
Public Utilities Board
Public Works Department
Recreation and Park Commission
Recreation and Park Department
Social Service Human Relations Board
Transportation Advisory Committee
DESIGNATED POSITIONS
AND
DISCLOSURE CATEGORIES
DESIGNATED POSITIONS
Alameda Power & Telecom
DISCLOSURE CATEGORY
General Manager A through F
Competitive Strategies Administration Manager A through F
Operations Manager A through F
Marketing Manager A through F
Senior Management Analyst ` A through F
Utility Service Manager A through F
Utility Planning Supervisor A through F
Engineering Supervisor A through F
Financial Analyst A through F
Support Services Supervisor A through F
Marketing Coordinator A through F
Marketing Specialist A through F
Building Services Division
Building Official
Building Services Manager
Structural Plan Check Engineer
Senior Combination Inspector
Combination Inspectors
Plans Examiner
Permit Examiner/Expediters
Permit Technician
Code Compliance Officer
City Attorney's Office
City Attorney*
Assistant City Attorney
Deputy City Attorney
Risk Manager
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
*Reporting requirements covered by other law. Appendix A - Page 1 of 7
City Clerk's Department
City Clerk
Deputy City Clerk
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
Development Services Department
Development Services Director
Business and Special Projects Manager
Leasing and Property Manager
Community Development Manager
Senior Management Analyst
Redevelopment Manager
Assistant Leasing and Property Manager
Housing Facilities Manager
Development Manager
Environmental Policy and Operations Manager
Base Reuse Planner
Administrative Management Analyst
Management Analyst
Reconstruction Specialist I
Reconstruction Specialist II
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
*Reporting requirements covered by other law. Appendix A - Page 2 of 7
Economic Development Commission
Commission Members
Finance Department
A through F
Auditor A through F
Treasurer*
Finance Director A through F
Supervising Accountants A through F
Admin. Management Analyst (Budget Analyst) A through F
Admin. Services Coordinator A through F
Fire Department
Fire Chief
Deputy Chief
Division Chiefs
Fire Marshal - Captain
Asst. Fire Marshal
Training Director
Assistant Training Director
E.M.S. Director
Disaster Preparedness Coordinator
Firefighter Inspector
Golf Commission
Commission Members
Golf Complex
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
None
General Manager A through F
Golf Professional A through F
Assistant Golf Professional A through F
Golf Course Maintenance Superintendent A through F
Historical Advisory Board
Board Members A through F
*Reporting requirements covered by other law. Appendix A - Page 3 of 7
Housing Authority
Executive Director
Finance Manager
Housing Programs Manager
Housing Facilities Manager
Maintenance Services Coordinator
Senior Management Analyst
A through F
A through F
A through F
A through F
A through F
A through F
Housing and Building Code Hearing
and Appeals Board
Board Members A through F
Housing Commission
Commission Members A through F
Human Resources Department
Human Resources Director A through F
Information Technology Department
Infonnation Technology Director A through F
Network Manager A through F
Library Board
Board Members A through F
Library Department
Library Director
Supervising Librarian
Library Technician (Order Clerk)
Pension Board
Board Members
Planning Board
Board Members*
A through F
A through F
A through F
A through F
*Reporting requirements covered by other law. Appendix A - Page 4 of 7
Planning Department
Planning Director
Planning Manager
Development Review Manager
Planner III
Planner II
Planner I
Police Department
A through F
A through F
A through F
A through F
A through F
A through 'F
Chief of Police A through F
Police Captains A through F
Police Lieutenants A through F
Public Utilities Board
Board Members
Public Works
Public Works Director
Deputy Public Works Director /City Engineer
Public Works Coordinator
Public Works Superintendent
Public Works Supervisor
Senior Civil Engineer
Supervising Civil Engineer
Associate Civil Engineers
Traffic Engineer
Survey & Construction Inspector Supervisor
Survey Party Chief
Senior Construction Inspector
Construction Inspector
Administrative Management Analyst
Administrative Management Analyst
Environmental Services
Administrative Services Coordinator
Recreation and Park Commission
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
A through F
Commission Members A through F
Appendix A - Page 5 of 7
Recreation and Parks Department
Recreation and Parks Director
Recreation Services Manager
Senior Services Manager
Recreation Supervisors
Park Manager
Social Service Human Relations Board
Board Members
Transportation Advisory Committee
Committee Members
A through F
A through F
A through F
A through F
A through F
A through F
A through F
Appendix A - Page 6 of 7
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 perfoim 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 consultants's duties and, based upon that
description, a statement of the extent of disclosure requirements. The City Manager
deteiinination 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 7 of 7
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 $2,000 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 $2,000 of the designated employee in real property located
in Alameda.
CATEGORY C - INCOME (OTHER THAN GIFTS AND LOANS)
All direct or indirect income of the designated employee aggregating $500 or more from any
one source, during the reporting period.
Appendix B - Page 1 of 2
CATEGORY D - LOANS
Outstanding loans and loans received by the designated employee from one source,
aggregating $500.00 or more during the reporting period.
CATEGORY E - GIFTS
Gifts to the designated employee from one source, which total $50 or more during the
reporting period.
CATEGORY F - TRAVEL PAYMENTS, ADVANCES AND REIMBURSEMENTS
Travel payments to the designated employee from one source, which total $320 or more
during the reporting period. Reportable travel payments include advances and reimbursements for
travel and related lodging and subsistence.
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 perfoini 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
officer or employee less efficient.
This Appendix C shall apply to all employees, officers and agents within the agencies
covered by the 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 of 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 a regular meeting assembled on the
19th day of June, 2001, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor 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
20th day of June, 2001.
Diane Felsch, City Clerk
City of Alameda