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Resolution 12229CITY OF ALAMEDA RESOLUTION NO. 12229 AMENDING CONFLICT OF INTEREST CODE BY AMENDING PARAGRAPH TWO OF RESOLUTION NO. 9460 RELATIVE TO DISCLOSURE POSITIONS AND DISCLOSURE CATEGORIES AND RESCINDING RESOLUTION NO. 12073 BE IT RESOLVED by the Council of the City of Alameda that City of Alameda Resolution No. 12073 is hereby rescinded; and BE IT FURTHER RESOLVED by the Council of the City of Alameda that Paragraph 2 of the Conflict of Interest Code set forth in Resolution No. 9460 be amended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: Building Code Board of Appeals Bureau of Electricity City Attorney's Office City Clerk's Department City Council City Manager's Department Civil Service Board Claims Board Community Development Department Economic Development Commission Finance Department Fire Department Golf Commission Historical Advisory Board Housing Authority Housing Commission Library Board Library Department Pension Board Personnel Department Planning Department Planning Board Police Department Public Utilities Board Public Works Department Recreation Commission Recreation and Parks Department Social Service Human Relations Board Transportation Advisory Committee Transportation Systems Management Committee DESIGNATED POSITIONS and DISCLOSURE CATEGORIES DESIGNATED POSITIONS* Building Code Board of Appeals Board Members Bureau of Electricity DISCLOSURE CATEGORY A through H General Manager A through H Assistant General Manager, Business and Finance A through H Assistant General Manager, Plant and Facilities A through H Assistant to General Manager A through H Assistant General Manager - Power Resources A through H Buyer A. through H Commerical Manager A through H Electrical Inspector A through H Engineering Manager A through H Financial Analyst A through H Support Services Supervisor A through H Senior Electrical Inspector A through H City Attorney's Office City Attorney ** Asst. City Attorney Risk Manager City Clerk's Department A through H A through H City Clerk A through H Deputy City Clerk A through H * Consultants who have decision making authority with regard to investment of City funds are subject to reporting requirements covered by other law. ** Reporting requirements covered by other law. Appendix A - Page 1 of 4 City Council City Council Members* City Manager's Department City Manager* Assistant City Manager Assistant to the City Manager None A through H A through H Civil Service Board Board Members None Claims Board Board Members A through H Community Development Department Director A through H Economic Development Manager A through H Neighborhood Development Manager A through H Reconstruction Specialist I A through H Reconstruction Specialist II A through H Development Specialist II A through H Economic Development Commission Commission Members None Finance Department Auditor Treasurer* Finance Director* Accounting Manager Purchasing Agent Revenue Accountant Fire Department Fire Chief Deputy Chief Assistant Chiefs Fire Marshall Asst. Fire Marshall Training/E.M.S. Director Disaster Preparedness Coordinator Firefighter Inspector *Reporting requirements covered by other law. A through H A through H A through H A through H A through H A through H A through H A through H A through H A through H A through H A through H Appendix A - Page 2 of 4 Golf Commission Commission Members None Housing Authority Housing Director A through H Housing Commission Commission Members A through H Historical Advisory Board Board Members A through H Library Board Board Members A through H Library Department Library Director A through H Supervising Librarian A through H Library Technician (Order Clerk) A through H Pension Board Board Members* Personnel Department Personnel Director A through H Planning Board Board Members* Planning Department Planning Director Assistant Planning Director Associate Planner Assistant Planner Police Department Chief of Police Police Captains Police Lieutenants A through H A through H A through H A through H A through H A through H A through H *Reporting requirements covered by other law. Appendix A - Page 3 of 4 Public Utilities Board Board Members Public Works Public Works Director Public Works Coordinator Chief Building Inspector Senior Building Inspector Building Inspector Plumbing Inspector Central Permit Supervisor City Engineer Senior Civil Engineer Principal Civil Engineer Survey and Construction Inspection Supervisor Survey Party Chief Construction Inspector Transportation Engineer Transportation Manager Management Analyst Public Works Maintenance Superintendent Administrative Services Coordinator Recreation Commission Commission Members Recreation and Parks Department Director of Recreation & Parks Recreation Manager Recreation Supervisors Park Maintenance Supervisor Golf Operations & Maintenance Manager Golf Course Maintenance Superintendent Social Service Human Relations Board Board Members Transportation Committee Transportation Committee Revised 04-03-92 Advisory Committee Members Systems Management Committee Members A through H A through A through A through A through A through A through A through A through A through A through A through H H H H H H H H H H A through H A through H A through H A through H A through H A through H A through H None A through H A through H A through H A through H A thorugh H A through H None A through H A thrOugh H 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 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 $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. 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. Appendix B - Page 1 of 1 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 Gift 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 employee 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 such payment is $10,000 or more. Appendix B - Page 2 of 2 INCOMPATIBLE ACTIVITIES (A) No officer or employee shall engage in any employment, activity, or enterprise form 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; 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 office 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 21st day of April , 1992, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Lucas, Roth and President Withrow 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 22nd day of April 1992. Diane1. Felsch, City Clerk City of Alameda