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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NO. 13470 BE IT RESOLVED by the Council of the City of Alameda that City of Alameda Resolution No. 13470 is hereby rescinded; and BE IT FURTHER RESOLVED by the Council of the City of Alameda that Paragraph 2 of the Conflict of Interest Code set forth in Resolution No. 9460 be amended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