Resolution 10848CITY OF ALAMEDA RESOLUTION NO. 10848
AMENDING CONFLICT OF INTEREST CODE BY AMENDING
PARAGRAPH 2 OF RESOLUTION NO. 9460 RELATIVE TO
DISCLOSURE POSITIONS AND DISCLOSURE CATEGORIES
BE IT RESOLVED by the Council of the City of Alameda that
City of Alameda Resolution No. 9460 is hereby amended by amending
Paragraph 2 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
Cable Television Oversight Committee
City Attorney's Department
City Clerk's Department
City Manager's Department
Civil Service Board
Community Development Department
Finance Department
Fire Department
Golf Commission
Historical Advisory Commission
Housing Authority of the City of Alameda
Library Board
Library Department
Pension Board
Personnel Department
Police Department
Public Works Department
Recreation Commission
Recreation and Parks Department
Social Service Human Relations Board
DESIGNATED POSITIONS
and
DISCLOSURE CATEGORIES
DESIGNATED POSITIONS
Building Code Board of Appeals
Board Members
Bureau of Electricity
Board Members, except City Manager*
General Manager
Assistant General Manager,
Finance and Commercial
Assistant General Manager,
Plant and Facilities
Assistant to General Manager
Finance Manager
Power Supply Manager
Engineering Manager
General Services Manager
Senior Electrical Inspector
Store Supervisor
Cable Television Oversight Committee
Committee Members
City Attorney's Office
City Attorney*
City Clerk's Department
City Clerk
Deputy City Clerk
City Manager's Department
City Manager*
Assistant City Manager
DISCLOSURE CATEGORY
A through H
A through H
A through H
* Reporting requirements covered by other law.
A through H
A through H
A through H
A through H
A D,E,F,G
A,D,E,F,G
A,D,E,F,G,H
D,E,F
A,D,E,F,G,H
A,D,E,F,G
A through H
A through H
A through H
-1- Appendix A - Page 1 of 4
Civil Service Board
None* None
Community Development Department
Director A through H
Economic Development Coordinator A through H
Rehab Coordinator A through H
Finance Department
Auditor A through H
Treasurer A through H
Finance Director A through H
Accounting Manager A through H
Purchasing Agent A,B,D,G,H
Fire Department
Fire Chief
Assistant Chiefs
Fire Prevention Captains
Emergency Medical Service Captain
Fire Training Captain
Fire Prevention Lieutenant
Inspector Firefighters
Golf Commission
Commission Members None
Historical Advisory Commission
Commission Members A through H
Housing Authority of the City of Alameda
Commission Members A through H
Executive Director A through H
Section 8 Supervisor A through H
Housing Management Supervisor A through H
Maintenance Department Supervisor A through H
Controller A through H
* Decisions made by the Civil Service Board are ministerial,
in accordance with the City Charter, Civil Service Ordinance, and
rules. No decisions are made by the Civil Service Board which
would affect private economic interests.
-2- Appexdix A - Page 2 of 4
Library Board
Board Members
Library Department
Library Director
Deputy City Librarian
Order Clerk
Pension Board
None*
Personnel Department
None**
Planning Department
Planning Director
Assistant Planning Director/
Zoning Administrator
Assistant Planner
Associate Planner
A through H
A through H
A through H
A through H
None
None
A through H
A through H
A,B,C,D,E,F,G
A,B,C,D,E,F,G
Police Department
Chief of Police A through H
Captain of Police A through H
* Decisions made by the Pension Board are ministerial in
accordance with Pension Ordinance 1079 and 1082, as amended,
Board members representing the Police and Fire Departments shall
abstain from voting on any matter that would result in any
personal gain through pension plan improvements, etc., unless
their vote is needed in order to secure a quorum.
** Decisions affecting private economic interests are not
made by Personnel Director and Principal Personnel Analyst.
Decisions are administrative and ministerial, in accordance with
provisions laid down in the City Charter, Civil Service Ordinance
and Rules. Fringe benefit administration is ministered in
accordance with plans adopted by the City Council.
-3- Appendix A - Page 3 of 4
Public Works
Public Works Director
Building Inspection Division
Chief Building Inspector
Senior Building Inspector
Senior Plumbing Inspector
Building Inspector
Central Permits Division
Permit Coordinator
Engineering Design Division
City Engineer
Principal Engineer
Survey and Construction
Inspection Supervisor
Survey Party Chief
Construction Inspector
Transportation Engineer
Maintenance Services Division
Public Works Maintenance Superintendent
Administrative Services Coordinator
Recreation Commission
Commission Members
Recreation and Parks Department
Director of Recreation & Parks
Ass't Director of Recreation & Parks
Recreation Supervisors
Park Maintenance Supervisor
Golf Course Maintenance Superintendent
Social Service Human Relations Board
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
E,F
E,F
E,F
A,D,E,F,G
A through H
C,D,E,F
None
A,D,E,F,G,H
A,D,E,F,G,H
A,D,E,F,G
A,D,E,F,G
A,D,E,F,G
None None
-4- Appendix A - Page 4 of 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 affect 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.94
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.
-1-
Appendix B - Page 1 of 2
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 10% or more is held by the
designated employee.
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
Gifts 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 employoee 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 of such payments is $10,000 or more.
-2- 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 or 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;
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;
(3)
(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 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.)
-3- 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 18th of March, 1986,
by the following vote to wit:
AYES: Councilmembers Corica, Hanna, Monsef and President Diament - 4.
NOES: None.
ABSENT: Counc-iimember Lucas - 1.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 19th day of March, 1986.
City Clerk of the City of Alameda