HomeMy WebLinkAboutRES NO 72-77RESOLUTION NO. 72-77
A RESOLUTION OF THE COUNCIL OF THE CITY
OF BAKERSFIELD DESIGNATING ADDITIONAL
CITY AGENCIES REQUIRED TO ADOPT CONFLICT
OF INTEREST CODES, ESTABLISHING DEADLINE
FOR SUBMISSION TO THE CITY COUNCIL OF
PROPOSED CODES AND STATING CERTAIN REQUIRE-
MENTS OF THE POLITICAL REFORMACT OF 1974.
WHEREAS, every city agency is required by the Political
Reform Act of 1974 to promulgate a Conflict of Interest Code which,
when approved by the City Council (the Code Reviewing Body), shall
have the force of law; and
WHEREAS, the Council has heretofore, by Resolution
No. 79-76, adopted on October 25, ]-976, named 21 city agencies
and required them to adopt such codes; and
WHEREAS, all of the 21 city agencies named by the Council
adopted codes within the time given by the Council, which codes
were finally approved and adopted by the Council on March 28, 1977,
and all designated employees and officers filed their Initial and
Annual Statements of Economic Interest no later than the deadlines
established by the Council, all in accordance with law; and
WHEREAS, since the adoption of Resolution No. 79-76, two
new city agencies, to wit: City of Bakersfield Water Board and the
Water Department of the City of Bakersfield, have been established;
and
WHEREAS, it is the responsibility of the City Council to
designate the agencies which are required to adopt Conflict of Inter-
est Codes and establish a deadline for submission of a proposed code
by each designated agency, to the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Bakersfield as follows:
1. The following agencies are required to adopt Conflict
of Interest Codes:
(1) City of Bakersfield Water Board
(2) Water Department
2. Each city agency enumerated above shall submit its
proposed Conflict of Interest Code to the City Council no later
than the 14th day of September, 19'77. Each Conflict of Interest
Code submitted shall be in the form attached hereto, a copy of which
model code shall be forthwith distributed to each such agency by the
Clerk.
3. In preparing the Conflict of Interest Code each agency
shall specifically list the positions which involve the making or
participation in the making of decisions which may forseeably have
a material effect on any financial interest, which list shall be
labeled Exhibit '~" and attached to the proposed code. The City
Council shall consider such list tentative and may add or delete
positions before approval. Officers and employees holding such
positions are "designated employees" under the Political Reform Act
of 1974 and shall be deemed to make, or participate in the making of
decisions which may forseeably have a material effect on a financial
interest.
4. In preparing the Conflict of Interest Code each agency
shall also prepare a tentative list of disclosure categories and
assign each designated position to one or more of the disclosure cate-
gories for the purpose of differentiating between designated employees
with different powers and responsibilities. Such list of disclosure
categories and assignments to designated positions shall be labeled
Exhibit "B" and attached to the proposed Conflict of Interest Code.
The City Council may add or delete to or from such list and make
appropriate assignments before approval. Each designated member,
employee or officer shall file conflict of interest statements in
accordance with the Conflict of Interest Code prepared by his agency
as finally approved by the City Council.
5. Before submitting the Conflict of Interest Code to
the City Council for approval, every designated agency shall:
(1) Give notice of the tentative code to the public,
employee organizations and officers and employees.
(2) Hold a public hearing on the tentative code.
(3) Consider recommendations and/or complaints.
6. Not later than 90 days after submission of the pro-
posed Conflict of Interest Code, the City Council shall:
(1) Approve the proposed Conflict of Interest Code, or
(2) Revise and approve the proposed Conflict of Inter-
est Code, or
(3) Return the proposed Conflict of Interest Code to
the agency for revision.
7. After approval of the Conflict of Interest Code, every
agency shall amend its Code pursuant to the provisions of Section
87306 of the Political Reform Act ozf 1974 when change is necessi-
tated by changed circumstances, including the creation of new posi-
tions and relevant changes in the duties assigned to existing posi-
tions.
o0o
I HEREBY CERTIFY that the foregoing resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 10th day of August, 1977, by the follow-
ing vote:
AY~S: COUNCILMEN B,^,~TC~, CHRISTENSEN, MEDDERS, ~-11~, ~CrF~C, SCEALES, STRONG
~',t]~S: COUNCILMEN:
~SENt: COUNCILMEN: "L~'~'~ , } ?
~ ~. ~, ~ ~ and Ex fici~' Clerk of
? r- ,~' 7~ - "' Council o Bakersfield
- ~/Bakersfield
APPROVED as to fo~:
the