SUBJECT: CONFLICT OF INTEREST CODE BIENNIAL UPDATE AND INTRODUCTION OF CODE AMENDMENTS

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1 I-7 STFF REPORT MEETING DTE: December 11, 2018 TO: ity ouncil 922 Machin venue Novato, (415) FX (415) FROM: Terrie Gillen, ity lerk SUJET: ONFLIT OF INTEREST ODE IENNIL UPDTE ND INTRODUTION OF ODE MENDMENTS REQUEST Hold a public hearing on, consider, introduce, and waive the reading of an ordinance amending ppendix to Section of the Novato Municipal ode relating to the onflict of Interest ode, to add the titles of four specific employee positions and designate reporting responsibilities pertinent to the duties of each of these positions. DISUSSION The Political Reform ct, Government ode Sections et seq., requires every local government agency to review its onflict of Interest ode (ode) biennially to determine any updates which may need to be made to the ode in order to reflect changes in positions and job responsibilities since the last biennial review or amendment of the ode. The ode designates positions or categories of positions and establishes responsibilities for disclosure of categories of financial interests based upon the duties of the positions in ppendix of the ode. Those positions that are designated must annually report financial interests within the disclosure categories assigned by the ode and refrain from making, participating in making, or using their official position to influence the making of any decision affecting their interests in accordance with the regulations of the Fair Political Practices ommission which are incorporated into Section The ity ouncil last amended its ode on September 27, In September 2018, the ity ouncil reviewed the ode and concurred that changes were needed to ppendix of the ode adopted as part of the ity s current ordinance which is codified within Section 22 of hapter 2 of the Municipal ode (onflict of Interest ode). The necessary changes were to add three positions created since the last biennial review in 2016 and assign disclosure categories for each of these positions to ppendix, specifically: ssistant ity Manager (ategory ) Senior Management nalyst/ Economic Development (ategory ) Management nalyst II (ategory ) cc

2 ategory - employees designated to disclose their financial interests shall disclose all income (including gifts, loans, and travel payments), and investment interests, business positions, and real property within two miles of the jurisdiction and businesses doing business within the city, specified in the agency s code, other than savings accounts, insurance policies, or government bonds, and interests, premiums or dividends derive therefrom, and dividends or returns on securities registered within the United States Securities and Exchange ommission. ategory employees designated to disclose their financial interests shall disclose all income (including gifts, loans, and travel payments), and investment interests, business positions in any business entity that engages in the types of service, supplies, materials, machinery or equipment that is purchased or acquired by the employee s department; or if the employee is involved in purchasing decisions that affect more than one department, then the employees shall disclose all income, (including gifts, loans, and travel payments), and investment interests, business positions in any business entity that engages in the types of service, supplies, materials, machinery or equipment that the city might reasonably be expected to purchase or acquire. fter further review of the ode, staff noted that another position needs to be added to the list, which is ssistant ity lerk (ategory ). This position should be included due to the fact that this position has a similar job description to the ity lerk and the ssistant ity lerk is called upon to act as the ity lerk when needed. Job descriptions of ity staff can be found on our ity s website: REOMMENDTION Staff is requesting ouncil to introduce and later adopt the proposed ordinance so that the four positions may be added to the onflict of Interest ode and the reporting responsibilities for these positions be designated under the ode. TTHMENTS 1. Draft Ordinance marked to show changes 2. Ordinance

3 ttachment 1 I-7.1 ITY OUNIL OF THE ITY OF NOVTO ORDINNE NO. N ORDINNE MENDING PPENDIX OF SETION OF THE NOVTO MUNIIPL ODE DDING FOUR NEW POSITIONS ND SSIGNING DISLOSURE TEGORIES FOR EH POSITION TO THE ONFLIT OF INTEREST ODE THE ITY OUNIL OF THE ITY OF NOVTO DOES ORDIN S FOLLOWS: SETION 1: ppendix to Section of the Novato Municipal ode is hereby amended in the manner indicated below to read as follows: DMINISTRTION PPENDIX The persons occupying the following positions are designated employees for the purposes of this onflict of Interest ode and shall disclose their financial interests in accordance with the disclosure categories set forth herein, as more fully described by ppendix. Designated Positions ategory entral dministration ity Manager* ssistant ity Manager ity lerk ssistant ity lerk Executive ssistant/deputy ity lerk Economic Development Manager Public ommunications oordinator Director of Hamilton ase Reuse Senior Management nalyst/ Economic Development Management nalyst II Management nalyst I ord

4 dministrative Services ssistant ity Manager/Director of dministrative Services ity Treasurer* Finance Manager ccounting Supervisor ccount lerk I ccount lerk II Senior ccount lerk Payroll/ccounting Technician Human Resource Manager Principal Human Resources nalyst Human Resources nalyst Human Resource ssistant Technology Manager Senior IT nalyst Network & Systems dministrator Technology usiness nalyst Information Technology Technician Information Systems ssistant Management nalyst II Management nalyst I ommunity Development Department Director of ommunity Development Planning Division Planning and Environmental Services Manager Principal Planner Senior Planner ord

5 Planner II Planner I uilding/ode Enforcement Division hief uilding Official Senior uilding Inspector uilding Inspector II uilding Inspector I Senior ode Enforcement Officer Supervising ode Enforcement Officer ode Enforcement Officer Public Works Department Director of Public Works Public Works dministrative Manager Management nalyst I Engineering Division ity Engineer Principal ivil Engineer Senior ivil Engineer ssociate ivil Engineer ssistant Engineer Engineering Project oordinator Principal Engineering Technician Public Works Inspector II Maintenance Division Maintenance Superintendent Maintenance Supervisor Facilities Maintenance Supervisor ord

6 Equipment Technician Supervisor Police Department Police hief Police aptain Police Lieutenant Police Sergeant Senior Management nalyst Management nalyst II Management nalyst I Executive ssistant Dispatch Supervisor Parks, Recreation and ommunity Services Department Director of Parks, Recreation & ommunity Services Recreation Operations Manager Division Manager/Recreation Senior Management nalyst Recreation Supervisor Recreation oordinator Other ity ouncilmembers* Novato Financing uthority Members Planning ommission Members* Design Review ommittee Members Measure F Oversight/itizens Finance dvisory ommittee ity ttorney* ssistant ity ttorney Deputy ity ttorney onsultants** ord

7 *Disclosure obligations for ity ouncilmembers, ity Manager, ity Treasurer, and the ity ttorney are subject to the provisions of Government ode 87200, et seq. These positions are included as designated employees and are covered by this code for disqualification purposes only. **onsultants shall not be included in the list of designated employees in the code subject to the following exception. The ity Manager may determine in writing that a particular consultant, is hired to perform a range of duties that causes them to be required to fully comply with the disclosure requirements described 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 ity Manager s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. SETION 2: Severability: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The ity ouncil hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional on their face or as applied. SETION 3: Publication and Effective Date: This ordinance shall be published in accordance with applicable provisions of law, by either: publishing the entire ordinance once in a newspaper of general circulation, published in the ity of Novato, within fifteen (15) days after its passage and adoption, or publishing the title or appropriate summary in a newspaper of general circulation, published in the ity of Novato, at least five (5) days prior to adoption, and a second time within fifteen (15) days after its passage and adoption with the names of those ity ouncilmembers voting for and against the ordinance, and This ordinance shall go into effect thirty (30) days after the date of its passage and adoption. * * * * * * ord

8 THE FOREGOING ORDINNE was first read at a regular meeting of the Novato ity ouncil on the 11 th day of December, 2018, and was passed and adopted at a regular meeting of the Novato ity ouncil on the day of January, YES: NOES: STIN: SENT: ouncilmembers ouncilmembers ouncilmembers ouncilmembers Mayor of the ity of Novato ttest: ity lerk of the ity of Novato pproved as to form: ity ttorney of the ity of Novato ord

9 ttachment 2 ITY OUNIL OF THE ITY OF NOVTO I-7.2 OR!G!NL ORDINNE NO ORDINNE REPELING ND RE-ENTING SETION , PPENDIX OF THE NOVTO MUNIIPL ODE RELTING TO THE ONFLIT OF INTEREST ODE THE ITY OUNIL OF THE ITY OF NOVTO DOES ORDIN S FOLLOWS: SETION 1: ppendix to Section of the Novato Municipal ode is hereby repealed re-enacted to read as follows: DMINISTRTION PPENDIX The persons occupying the following positions are designated employees for the purposes of this onflict of Interest ode and shall disclose their financial interests in accordance with the disclosure categories set forth herein, as more fully described ppendix. Government odies entral dn,inistration ity Manager* ity lerk Executive ssistant/deputy ity lerk Economic Development Manager Public ommunications oordinator Director of Hamilton ase Reuse Management nalyst I ategory dministrative Services ssistant ity Manager/Director of dministrative Services ity Treasurer* Finance Manager ccounting Supervisor ccount lerk I ccount lerk II Senior ccount lerk ord

10 Payroll/ccounting Technician Human Resource Manager Principal Human Resources nalyst Human Resources nalyst Human Resource ssistant Technology Manager Senior IT nalyst Network & Systems dministrator Technology usiness nalyst Information Technology Technician Information Systems ssistant Management nalyst II Management nalyst I ontn,unit Development Department Director of ommunity Development Planning Division Planning and Environmental Services Manager Principal Planner Senior Planner Planner II Planner I uilding/ode Enforcement Division hief uilding Official Senior uilding Inspector uilding Inspector II uilding Inspector I Senior ode Enforcement Officer ord

11 Supervising ode Enforcement Officer ode Enforcement Officer Public Works Department Director of Public Works Public Works dministrative Manager Management nalyst Engineering Division ity Engineer Deputy Public Works Director/ity Engineer Principal ivil Engineer Senior ivil Engineer ssociate ity Engineer ssistant Engineer Engineering Project oordinator Principal Engineering Technician Public Works Inspector Maintenance Division Maintenance Superintendent Maintenance Supervisor Facilities Maintenance Supervisor Equipment Technician Supervisor Police Department Police hief Police aptain ord

12 Police Lieutenant Police Sergeant Senior Management nalyst Management nalyst II Management nalyst I Executive ssistant Dispatch Supervisor Parks, Recreation and omniunitv Services Department Director of Parks, Recreation & ommunity Services Recreation Operations Manager Division Manager/Recreation Senior Management nalyst Recreation Supervisor Recreation oordinator Other ity ouncilmembers* Novato Financing uthority Members Planning ommission Members* Design Review ommittee Members Measure F Oversight/itizens Finance dvisory ommittee ity ttorney* ssistant ity ttorney Deputy ity ttorney onsultants** *Disclosure obligations for ity ouncilmembers, ity Manager, ity Treasurer, and the ity ttorney are subject to the provisions of Government ode 87200, et seq. These positions are included as designated employees and are covered by this code for disqualification purposes only. **onsultants shall not be included in the list of designated employees in the code subject to the following exception. The ity Manager may determine in writing that a particular consultant, is hired to perform a range of duties that causes them to be required to fully comply ord

13 SETION 2: Severability: code. shall be retained for public inspection in the same manner and location as this conflict of interest * * * * * * ord63$ 5 13 Mayor of the ity of Novato NOES: ouncilmembers Eklund STIN: ouncilmembers None SENT: ouncilmembers None YES: ouncilmembers thas, Drew, Fryday, Lucan THE FOREGOING ORDINNE was first read at a regular meeting of the Novato ity ouncil on the 1 3th day of September, 2016, and was passed and adopted at a regular meeting of the Novato ity ouncil on the 27th day of September, This ordinance shall go into effect thirty (30) days after the date of its passage and adoption. publishing the title or appropriate summary in a newspaper of general circulation, published in the ity of Novato, at least five (5) days prior to adoption, and a second time within fifteen (15) days after its passage and adoption with the names of those ity ouncilmembers voting for and against the ordinance, and publishing the entire ordinance once in a newspaper of general circulation, published in the ity of Novato, within fifteen (15) days after its passage and adoption, or This ordinance shall be published in accordance with applicable provisions of law, by either: SETION 3: Publication and Effective Date: phrase or clause thereof irrespective of the fact that any one or more sections, subsections, The ity ouncil hereby declares that it would have passed this and each section, subsection, phrases, or clauses be declared unconstitutional on their face or as applied. held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason with the disclosure requirements described 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 ity Manager s determination is a public record and

14 ttes De ity lerk of the ity of Novato pproved as to form: ity the ity of Novato ord