Resolution 14219CITY OF ALAMEDA RESOLUTION NO. 14219
• 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. 14094
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BE IT RESOLVED by the Council of the City of Alameda that City of Alameda Resolution
No. 14094 is hereby rescinded; and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
Commission on Disability Issues
Development Services Department
Economic Development Commission
Film 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 Board
Planning Department
Police Department
Public Art Commission
Public Utilities Board
Public Works Department
Recreation and Park Commission
Recreation and Park Department
Social Service Human Relations Board
Transportation Commission
Youth Advisory Commission
DESIGNATED POSITIONS
AND
DISCLOSURE CATEGORIES
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Alameda Power & Telecom
General Manager
Operations Manager
Administrative Services Manager
Marketing Manager
Utility Planning Supervisor
Engineering Supervisor
Financial Analyst
Financial Services Supervisor
Senior Electrical Engineer
Support Services Supervisor
Technical Operations Superintendent
Telecom Operations Supervisor
Line Superintendent
Assistant Line Superintendent
Marketing Specialist
Customer Service Supervisor
City Attorney's Office
City Attorney*
Assistant City Attorney
Deputy City Attorney
Risk Manager
Administrative Management Analyst
City Clerk's Department
City Clerk
Deputy City Clerk
City Council
City Council Members*
City Manager's Department
City Manager*
Assistant City Manager
Deputy City Manager
A through F
A through F
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Civil Service Board
Board Members A through F
*Reporting requirements covered by other law. Appendix A - Page 1
Claims Board
Board Members
Commission on Disability Issues
Board Members
Development Services Department
Development Services Director
Community Development Program Manager
Redevelopment Manager
Development Coordinator
Development Manager
Development Manager, Housing
Program Specialist II
Administrative Services Coordinator
Economic Development Commission
Commission Members
Film Commission
Commission Members
Finance Department
Auditor
Treasurer*
Chief Financial Officer
Supervising Accountants
Purchasing and Payables Coordinator
Financial Analyst
Information Technology Manager
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
Fire Marshal — Division Chief
Fire Code Compliance Officer
*Reporting requirements covered by other law.
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Appendix A - Page 2
Golf Commission
Commission Members
Historical Advisory Board
Board Members
Housing Authority
Board Members
Executive Director
Finance Manager
Housing Assistance Manager
Housing Authority Manager
Maintenance and Facilities Manager
Public Works Supervisor
None
A through F
A through F
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
Senior Management Analyst A through F
Library Board
Board Members A through F
Library Department
Library Director A through F
Supervising Librarian A through F
Library Technician (Order Clerk) A through F
Pension Board
Board Members A through F
Planning Board
Board Members A through F
*Reporting requirements covered by other law. Appendix A - Page 3
Planning and Building Department
Planning and Building Director
Planning Services Manager
Building Official
Building Services Manager
Supervising Building Inspector
Code Compliance Officer
Supervising Planner
Permit Technician I
Permit Technician II
Permit Technician III
Plan Check Engineer
Planner III
Planner II
Planner I
Combination Building Inspector
Senior Combination Building Inspector
Police Department
Chief of Police
Civilian Records Manager
Police Captains
Police Lieutenants
Communications Center Supervisor
Public Art Commission
Commission Members
Public Utilities Board
Board Members
Public Works
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 Engineer
Traffic Engineer
Survey & Construction Inspector Supervisor
Senior Construction Inspector
Construction Inspector
*Reporting requirements covered by other law.
A through F
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Appendix A - Page 4
Administrative Management Analyst
Administrative Management Analyst
Environmental Services
Administrative Services Coordinator
Transportation Coordinator
Recreation and Park Commission
Commission Members
Recreation and Parks Department
Recreation and Parks Director
Recreation Services Manager
Senior Services Manager
Recreation Supervisors
Park Manager
Golf Professional
Assistant Golf Professional
Golf Course Maintenance Superintendent
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
Social Service Human Relations Board
Board Members A through F
Transportation Commission
Committee Members A through F
Youth Advisory Commission
Committee Members A through F
*Reporting requirements covered by other law. Appendix A - Page 5
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
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 during the Regular
Meeting of the City Council on the 17th day of June, 2008, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
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 18th day of June, 2008.
Lara Weisiger, City C
City of Alameda