Resolution 14734CITY OF ALAMEDA RESOLUTION NO.14734
AMENDING RESOLUTION NO. 9460 TO REFLECT CURRENT POSITIONS AND
ENTITIES TO BE INCLUDED IN THE CITY OF ALAMEDA'S CONFLICT OF
INTEREST CODE AND RESCINDING RESOLUTION NO. 14476
BE IT RESOLVED by the Council of the City of Alameda that City of Alameda
Resolution No. 14476 is hereby rescinded; and
BE IT FURTHER RESOLVED by the Council of the City of Alameda that g
Paragraph 2 of the Conflict of Interest Code set forth in Resolution No. 9460 be 0.
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 Municipal Power
Base Reuse Department
City Attorney's Office
City Clerk's Office
City Council
City Manager's Office
City of Alameda Successor Agency Oversight Board
Civil Service Board
Claims Board
Commission on Disability Issues
Community Development Department
Economic Development Commission
Finance Division
Fire Department
Golf Commission
Historical Advisory Board
Housing and Building Code Hearing and Appeals Commission
Human Resources Department
Library Board
Library Department
Open Government Commission
Pension Board
Planning Board
Police Department
Public Art Commission
Public Utilities Board
Public Works Department
Recreation and Park Commission
Recreation and Park Department
Social Service Human Relations Board
Successor Agency to Community Improvement Commission of the City of
Alameda
Transportation Commission
DESIGNATED POSITIONS
AND
DISCLOSURE CATEGORIES
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Alameda Municipal Power
Buyer A through F
Senior Energy Resource Analyst A through F
AGM — Engineering & Operations A through F
AGM — Administration A through F
AGM — Customer Resources A through F
AGM — Energy Resource Planning A through F
General Manager — Alameda Municipal Power A through F
Engineering Supervisor A through F
Financial Analyst A through F
Financial Services Supervisor A through F
Support Services Supervisor A through F
Base Reuse Department
Chief Operating Officer-Alameda Point A through F
City Attorney's Office
City Attorney*
Assistant City Attorney, I/11
Risk Manager
Administrative Management Analyst
Administrative Services Coordinator
City Clerk's Office
City Clerk
Deputy City Clerk
Assistant City Clerk
City Council
City Council Members*
A through F
A through F
A through F
A through F
A through F
A through F
A through F
City Manager's Office
City Manager*
Assistant City Manager
Deputy City Manager
Information Technology Manager
Senior Management Analyst
City of Alameda Successor Agency Oversight Board
Board Members
Civil Service Board
Board Members
*Reporting requirements covered by other law.
Claims Board
Board Members
Commission on Disability Issues
Board Members
Community Development Department
Community Development Director
Planning Services Manager
Building Official
Supervising Building Inspector
Code Compliance Officer
Permit Technician, I
Plan Check Engineer
Planner, I/11
Combination Building Inspector
Senior Combination Building Inspector
City Planner
Senior Building Code Compliance Officer
Development Services Division Manager
Development Manager
Administrative Services Coordinator
Economic Development Commission
Commission Members
Finance Division
Auditor
Treasurer*
A through F
A through F
A through F
A through F
A through F
A through F
Appendix A - Page 1
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
Controller A through F
Accounting Supervisor A through F
Purchasing and Payables Coordinator A through F
Fire Department
Fire Chief A through F
Division Chief A through F
Administrative Division Chief A through F
Fire Captain A through F
E.M.S. Education Coordinator A through F
Fire Code Compliance Officer A through F
Senior Fire Code Compliance Officer A through F
Administrative Management Analyst A through F
Golf Commission
Commission Members
Historical Advisory Board
Board Members
*Reporting requirements covered by other law.
A through F
A through F
Appendix A - Page 2
Housing and Building Code Hearing and Appeals Commission
Commission Members
Human Resources Department
Human Resources Director
Senior Management Analyst
Library Board
Board Members
Library Department
Library Director
Supervising Librarian
Library Technician (Order Clerk)
Administrative Services Coordinator
Open Government Commission
Board Members
Pension Board
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
Board Members A through F
Planning Board
Board Members
Police Department
Chief of Police
Police Captain
Police Lieutenant
Administrative Management Analyst
Public Art Commission
Commission Members
Public Utilities Board
Board Members
Public Works
Public Works Director
City Engineer
Public Works Administrative Services Manager
Public Works Superintendent
Public Works Supervisor
Senior Civil Engineer
Supervising Civil Engineer
Associate Civil Engineer
Transportation Engineer
Survey & Construction Inspector Supervisor
*Reporting requirements covered by other law.
Senior Construction Inspector
Construction Inspector
Administrative Management Analyst
Administrative Services Coordinator
Transportation Coordinator
Recreation and Park Commission
Commission Members
Recreation and Parks Department
Recreation and Parks Director
Recreation Manager
Recreation Supervisor
Park 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
Appendix A - Page 3
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
Social Service Human Relations Board
Board Members
Successor Agency to Community Improvement
Commission of the City of Alameda
Governing Body
Transportation Commission
Commission Members
Consultants*
A through F
A through F
A through F
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.
*Reporting requirements covered by other law. Appendix A - Page 4
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
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
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 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 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 16th of October, 2012, by the following vote to wit:
AYES: Councilmembers Bonta, deHaan, Johnson, and
Mayor Gilmore — 4.
NOES: None.
ABSENT: Councilmember Tam - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 17th day of October, 2012.
Lara Weisiger, City ,qerk
City of Alameda