Resolution 13597CITY OF ALAMEDA RESOLUTION NO. 13597
AMENDING CONFLICT OF INTEREST CODE BY AMENDING PARAGRAPH TWO OF
RESOLUTION NO. 9460 RELATIVE TO DISCLOSURE POSITIONS AND DISCLOSURE
CATEGORIES AND RESCINDING RESOLUTION NO. 13470
BE IT RESOLVED by the Council of the City of Alameda that City of Alameda
Resolution No. 13470 is hereby rescinded; and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 Attomey'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 Commission
DESIGNATED POSITIONS
AND
DISCLOSURE CATEGORIES
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Alameda Power & Telecom
General Manager
Competitive Strategies Administration Manager
Operations Manager
Marketing Manager
Utility Service Manager
Utility Planning Supervisor
Engineering Supervisor
Financial Analyst
Support Services Supervisor
Telecom Technical Supervisor
Marketing Coordinator
Marketing Specialist
Customer Service Supervisor
Building Services Division
Building Official
Building Services Manager
Supervising Building Inspector
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
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 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
Community Development Manager
Community Development Program Manager
Redevelopment Manager
Property Development Manager
Housing Facilities Manager
Development Manager
Development Manager, Housing
Development Project Manager
Planner III
Management Analyst
Reconstruction Specialist I
Reconstruction Specialist H
Administrative Services Coordinator
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
Financial Services Manager A through F
Fire Department
Fire Chief
Deputy Chief
Division Chiefs
Assistant Fire Marshal — Captain
Training Director
Assistant Training Director
E.M.S. Director
E.M.S. Education Coordinator
Disaster Preparedness Coordinator
Firefighter Inspector
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
Golf Commission
Commission Members None
Golf Complex
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 Authority Manager
Housing Programs Manager
Housing Facilities Manager
Maintenance Services Coordinator
Senior Management Analyst
Housing and Building Code Hearing
and Appeals Board
Board Members
Housing Commission
Commission Members
Human Resources Department
Human Resources Director
Employee & Organizational Development
Manager
Information Technology Department
Information Technology Director
Information Technology Operations Supervisor
Library Board
Board Members
Library Department
Library Director
Supervising Librarian
Library Technician (Order Clerk)
Pension Board
Board Members
Planning Board
Board Members*
*Reporting requirements covered by other law.
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
Appendix A - Page 4 of 7
Planning Department
Planning Director
Planning Manager
Development Review Manager
Supervising Planner
Planner TIT
Planner II
Planner I
Police Department
A through F
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
Public Works Supervisor — Ferry Manager
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
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
Recreation and Park Commission
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 Commission
Committee Members
5/15/03
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 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
detennination 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
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 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 peiniits 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 perfoilii 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 17th
day of June, 2003, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, Matarrese, and Mayor
Johnson - 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
18`h day of June, 2003.
L (4 4' Oak
Lara Weisiger, City C
City of Alameda