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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