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HomeMy WebLinkAboutRes 04-124 Amended Appendix to the Conflict of Interest CodeCITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS STAFF REPORT REQUEST: RESOLUTION NO. 04- 124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED APPENDIX TO THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974. SUBMITTED BY: Rachelle D. Klassen, City Clerk DATE: December 9, 2004 CONTENTS: I. Staff Report II. Notice of Intent III. Resolution No. 04-124 , including the Amended Appendix List of Designated Positions IV. Legislative Version of the Appendix List of Designated Positions Recommendation: Waive further reading and adopt Resolution No. 04- 124 , amending the Appendix of the City's Conflict of Interest Code pursuant to the Political Reform Act of 1974. Discussion: As was authorized by the City Council at its meeting of June 10, 2004, the biennial review of the City's Conflict of Interest Code was performed by staff and the City Attorney's Office. In response, the City Attorney's office has prepared for presentation to the City Council a proposed amended Appendix to the City's Conflict of Interest Code. A Legislative Version of the amended Appendix, showing the changes made to the list of Designated Positions and Disclosure Categories, is included in this reportforease in identifying the modifications being made. The effective date of the amended Appendix to the Code will be 30 days from the date of adoption by the City Council (January 8, 2005). Thereafter, all newly designated positions will have 30 days to file an Initial Statement of Economic Interest with the City Clerk's Staff Report - Amending the Appendix of the City of Palm Desert's Conflict of Interest Code Resolution No. 04-124 Page 2 December 9, 2004 Office. Designated Positions that were already listed but have been changed will be subject to the annual filing requirement by April 1, 2005, with their new designation. As is required by law, our office has notified all affected parties named in the City's Conflict of Interest Code and has legally posted the Notice of Intention to Amend. Your adoption of the subject resolution enacting this amendment is respectfully requested. Submitted by: WSJ I WA Lei ER I S Approved: CARLOS L. O GA CITY MANAG R rdk Attachments (as noted) H:IWPdataIWPDOCSIFPPCICONFLI CT104 code amend staff rpt. wpd I I y 0 1 P 0 1 M 9 1 � I R T 73-5[o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 ' TEL: 760 346—o6ii FAX: 760 340-0574 info@palm-desert.org Resolution No. 04-12e NOTICE OF INTENTION TO AMEND THE APPENDIX OF THE CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT NOTICE IS HEREBY GIVEN that the City of Palm Desert (the "City") intends to amend the Appendix of its Conflict of Interest Code (the "Code") pursuant to Government Code Section 87306. . The Appendix of the Code designates those employees, members, officers, and consultants who are subject to the disclosure and disqualification requirements of the City's Code. The City's proposed amendment adds new positions that must be designated, revises disclosure categories, revises titles of existing positions, and deletes positions that have been abolished. The proposed amended Appendix will be considered by the City Council on December 9, 2004, at 4:00 p.m. at the City of Palm Desert, Civic Center Council Chamber, 73-510 Fred Waring Drive, Palm Desert, California. Any interested person may be present and comment at the public meeting or may submit written comments concerning the proposed amended Appendix. Any comments or inquiries should be directed to the attention of Rachelle Klassen, City Clerk, City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, CA 92260-2578; (760) 346-0611. Written comments must be submitted no later than December 9. 2004. at 4:00 o. m. The proposed amended Appendix may be reviewed at, and copies obtained from, the Office of the City Clerk. RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA NOVEMBER 30, 2004 04NOTICE-public.wpd $; PRINTED ON WY(UO PAPER RESOLUTION NO. 04- 124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED APPENDIX TO THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, the Legislature of the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et sew. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees, and consultants of the City of Palm Desert (the "City"), and which requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code"), which was amended on December 12, 2002, in compliance with Government Code Section 81000, et seg.; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Appendix to the City's Code; and WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief, which could result in the City's being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Appendix was provided to each affected designated employee and was publicly posted for review; and WHEREAS, a public meeting was held upon the proposed amended Appendix at a regular meeting of the City Council on December 9, 2004, at which all present were given an opportunity to be heard on the proposed amended Appendix. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. The City Council does hereby approve and adopt the proposed amended Appendix to the City's Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk together with the City's Conflict of Interest Code, and available to the public for inspection and copying. 2. The amended Appendix of the Conflict of Interest Code shall become effective thirty (30) days after the date of its adoption and approval. RESOLUTION NO. 04-124 PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 9th day of December, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR N LAW OFFICES OF BEST BEST & KRIEGER LLP RESOLUTION NO. 04- 124 APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT (Amended December 9, 2004) EXHIBIT "A" The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18701(b), are NOT subject to the City's Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et sec,.). [Begs. § 18730(b)(3)] OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the positions listed Officials who manage public investments3. These position Investment and Finance Committee Investment Manager Deputy City Treasurer Financial Consultants s 3 Individuals holding one of the above -listed positions may contact the FPPC for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by § 87200. -20- BBK — November 2004 RVPUB\DMVM4244.3 LAW OFFICES OF BEST BEST & KRIEGER LLP RESOLUTION NO. 04-124 DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED EMPLOYEES' TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED Accountant II 5 Administrative Fire Captain (Fire Marshal) 2, 3, 6 Assistant City Manager, Community Services 2, 3, 6 Assistant City Manager, Development Services 2, 3, 6, 7 Assistant City Manager, RDA/Housing/Economic Development 1,2 Assistant Engineer 2, 3, 6, 7 Assistant Planner. 2, 3, 6, 7 Assistant to the City Manager 5 Associate Engineer 2, 3, 6, 7 Associate Planner 2, 3, 6, 7 Associate Transportation Planner 2, 3, 6, 7 Battalion Chief 6,7 Building and Safety Director 2, 3, 6, 7 Building Inspector (ALL) 2, 3, 6, 7 Building Inspector Manager 2, 3, 6, 7 Building Maintenance Coordinator 6 Building Permit Specialist (ALL) 2, 3, 6, 7 Business Support Manager 3,5 Business Support Technician (ALL) 6 -21- BBK - November 2004 RVPUB\DMV1684244.3 LAW OFFICES OF BEST BEST & KRIEGER LLP RESOLUTION NO. 04- 124 DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED City Attorney (not filing under Gov Code 87200) 1,2 City Clerk 6 City Engineer 2, 3, 6, 7 Code Compliance Officer (ALL) 2, 3, 6, 7 Code Compliance Manager 2, 3, 6, 7 Contracts Administrator 5 Deputy City Clerk 6 Development Manager 1,2 Director of Community Development 1,2 Director of Human Resources 6 Director of Public Works 1,2 Director of Redevelopment & Housing 1,2 Director of Special Programs 1,2 Engineer, Senior 2, 3, 6, 7 Engineering Manager 2, 3, 6, 7 Engineering Technician (ALL) 2, 3, 6, 7 Assistant Finance Director 2, 3, 5 Financial Analyst, Sr. 5 Fire Chief 2, 3, 6, 7 GIS Technician 6 Housing Authority Administrator 1, 2 -22- BBK — November 2004 RVPUBIDMV\684244.3 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION Housing Programs Coordinator Human Resources Management Analyst Information Systems Analyst Information Systems Manager Information Systems Technician Landscape Inspector (ALL) Landscape Manager Landscape Specialist Maintenance Services Manager Management Analyst (ALL) Marketing Manager Parks and Recreation Planning Manager Parks Maintenance Supervisor Planning Manager Planning Technician Plans Examiner Police Captain Police Chief Police Lieutenant Project Administrator Public Art Coordinator RVPUB\DMV\684244.3 RESOLUTION NO. 04-124 DISCLOSURE CATEGORIES ASSIGNED 2, 3, 6 6 6 6 6 3,6 3,6 3,6 6 6 6 1,2 6 2, 3, 6, 7 2, 3, 6, 7 2,3,6,7 6,7 6,7 6,7 2,3,6 6 -23- BBK — November 2004 LAW OFFICES OF BEST BEST & KRIEGER LLP RESOLUTION NO. 04-124 DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Public Arts Manager 2, 3, 6 Public Works Inspector (ALL) 2, 3, 6, 7 Redevelopment & Housing Finance Manager 2, 3, 6 Redevelopment/Housing Construction/ Maintenance Inspector 2, 3, 6, 7 Redevelopment Manager 2, 3, 6 Construction Contract Administrator (ALL) 2, 3, 6 Risk Manager 6 Senior Engineer/City Surveyor 2, 3, 6, 7 Special Projects Administrator 3, 6 Streets Maintenance Supervisor 6 Supervising Plans Examiner 2, 3, 6, 7 Traffic Signal Specialist 6 Traffic Signal Technician (ALL) 6 Transportation Engineer (ALL) 2, 3, 6 Visitor Information Center Manager 6 -24- BBK — November 2004 RVPUB\DMV\684244.3 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION MEMBERS OF BOARDS, COMMITTEES & COMMISSIONS Architectural Review Commission Art in Public Places Commission Building Board of Appeals and Condemnation El Paseo Business Association Historic Site Preservation Board Housing Commission Marketing Committee Parks & Recreation Commission Project Area Committee Public Safety Commission Rent Review Commission Sister City Committee Technology Committee Consultant4 RESOLUTION NO. 04-124 DISCLOSURE CATEGORIES ASSIGNED 1,2 2,6 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 6 4 Consultants shall be included in the list of Designated Employees and shall disclose pursuant to the broadest disclosure category in this 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 are limited in scope and thus is not 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 City 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. -25- BBK — November 2004 RVPUBIDMV1684244.3 LAW OFFICES OF BEST BEST & KRIEGER LLP RESOLUTION NO. 04- 124 EXHIBIT "B" DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of investments, business entities, sources of income, or real property which the Designated Employee must disclose for each disclosure category to which he or she is assigned. Cateaory 1: All investments and business positions in business entities, and sources of income, that are located in, do business in, or own real property within the jurisdiction of the City. Cateaory 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City. Cateaory 3: All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City. Cateaory 4: All investments and business positions in, and sources of income from, business entities that are banking, savings and loan, or other financial institutions. Cateaory 5: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City. Cateaory 6: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee's Department. Cateaory 7: All investments and business positions in, and sources of income from, business entities subject to the regulatory, permit, or licensing authority of the Designated Employee's Department. -26- BBK- November 2004 RVPUBIDMV1684244.3 LAW OFFICES OF BEST BEST & KRIEGER LLP Resolution No. 04-124 LEGISLATIVE VERSION (SHOWS CHANGES MADE) APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT (Amended-BerembeF 12, 2002 December 9, 2004) EXHIBIT "A" The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18701(b), are NOT subject to the City's Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et seg.). [Regs. § 18730(b)(3)] OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the positions listed below are Other City Officials who manage public investments3. These positions are listed here for informational purposes only. Investment and Finance Committee Investment Manager Deputy City Treasurer Financial Consultants 4 3 Individuals holding one of the above -listed positions may contact the FPPC for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by § 87200. -20- BBK - Oe4e er 200 ovember 2004 RVPUB\OMV\684244.2 LAW OFFICES of Resolution No. 04-124 BEST BEST & KRIEGER LLP DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED EMPLOYEES' TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED Accountant If 5 Administrative Fire Captain (Fire Marshal) 2, 3, 6 AFG1449GWFal Review ;,lion 1,2 'SEE BOARDS. COMMITTEES & COMMISSIONS. BELOW, AF-in PLtlis Races-G micsien 2,6 'SEE BOARDS. COMMITTEES & COMMISSIONS, BELOW, Assistant City Manager, Community .Services 2, 3, 6 Assistant City Manager, Development Services 2, 3, 6, 7 Assistant City Manager, RDA/Housing/Economic Development 1,2 Assistant Engineer 2, 3, 6, 7 Assistant Planner 2, 3, 6, 7 Assistant to the City Manager 5 Associate Engineer 2, 3, 6, 7 Associate Planner 2, 3, 6, 7 Associate Transportation Planner 2, 3, 6, 7 Battalion Chief 6,7 Building and Safety Director 2, 3, 6, 7 9wildin Bcard 9f Appeals aRGI Q914de ation 1, 2 /SEE BOARDS. COMMITTEES & COMMISSIONS, BELOW, Building Inspector (ALL) 2, 3, 6, 7 Building Inspector Manager 2, 3, 6, 7 1 -21- BBK - 0et :.e„ '' nn'November 2004 RVPUBIDMV1684244.2 LAW OFFICES OF BEST BEST & KRIEGER LLP Resolution No. 04-124 DESIGNATED EMPLOYEES' TITLE OR FUNCTION Building Maintenance Coordinator Building Permit Specialist (ALL) Business Support Manager Business Support Technician (ALL) City Attorney (not filing under Gov Code 87200) City Clerk Citv Enqineer Civ is ArtsCommittee Code Compliance Officer (ALL) Code Compliance Manager ist Contracts Administrator Deputy City Clerk Development Manager Cir^otor cf C=munity Affairs Director of Community Development Iarootor of Pruning Director of Human Resources Director of Public Works City EROORooY Director of Redevelopment & Housina Director of Special Programs 1 -22- RVPUBIDMV1684244.2 DISCLOSURE CATEGORIES ASSIGNED 6 2, 3, 6, 7 3,5 6 1,2 6 2, 3, 6, 7 � � 2, �, 6 2, 3, 6, 7 2, 3, 6, 7 6 5 6 1,2 1, 1,2 2, 21, e 6 1 _2-3,-6, 7 1,2 1,2 BBK — 9eteber-280ovember 2004 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION Resolution No. 04-124 DISCLOSURE CATEGORIES ASSIGNED cEooiet:sn 1,2 JSEE BOARDS, COMMITTEES & COMMISSIONS, BELOIM Engineer, Senior 2, 3, 6, 7 Engineering Manager 2, 3, 6, 7 Engineering Technician (ALL) 2, 3, 6, 7 €+ iI:Gnnenta! CesewatiGF--Ianargar 1,2 Assistant Finance Director 2, 3, 95 Financial Analyst, Sr. 5, Fire Chief 2, 3, 6, 7 GIS Technician 6 HeusiRq Gemm csien 1,2 f,SEE BOARDS, COMMITTEES & COMMISSIONS, BELOW Housing-Managw Authoritv Administrator 1, 2 Housing Programs Coordinator 2, 3, 6 Human Resources Manage Management Analyst 6 Information Systems Analyst 6 Information Systems Manager 6 Information Systems Technician 6 Landscape Inspector ALL 3,6 Landscape Manager 3,6 Landscape Specialist 3,6 Maintenance Services Manager 6 I RVPUBIDMV1684244.2 -23- BBK — Oeteber--200 ovember 2004 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION Resolution No. 04-124 DISCLOSURE CATEGORIES ASSIGNED Management Analyst (ALL) 6 Marketing Manager 6 . 3n 1,2 fSEE BOARDS, COMMITTEES & COMMISSIONS, BELOWI Parks and Recreation Planning Manager 1,2 cian 2, 3, E, 7 Parks Maintenance Supervisor 6 Planning Manager 2, 3, 6, 7 Planning Technician 2, 3, 6, 7 Plans Examiner 2, 3, 6, 7 Police Captain 6,7 Police Chief 6,7 Police Lieutenant 6,7 PFejeGtza C3mmittOe 1, 3 'SEE BOARDS, COMMITTEES & COMMISSIONS, BELOWJ Project Administrator 2, 3, 6 Pre eticn Cemmitf:.€ 6 Public Art Coordinator 6 Public Arts Manager 2, 3, 6 Public R313tiens Ceerdinater 6 Rio 93fety CemmicGion 1, 2 fSEE BOARDS, COMMITTEES & COMMISSIONS, BELOW/ Public Works Inspector (ALL) 2, 3, 6, 7 f RVPUB\DMV\684244.2 -24- BBK — Oeteber- 200 ovember 2004 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION Is Creetor, Redevelopment & Housina Finance Manager Redevelopment/Housing Construction/ Maintenance Inspector Redevelopment Manager Resolution No. 04-124 DISCLOSURE CATEGORIES ASSIGNED 1,2 2, 3, 6 2, 3, 6, 7 2, 3, 6 Reh3tgitafie-R-Construction Specialist ontract Administrator (ALL) 2, 3, 6 Oen+ Review Gemsien 1 %SEE BOARDS, COMMITTEES & COMMISSIONS, BELOW Risk Manager 6 Senior Engineer/City Surveyor 2, 3, 6, 7 Special Projects Administrator 3, 6 Streets Maintenance Supervisor 6 Supervising Plans Examiner 2, 3, 6, 7 Se e fSEE BOARDS, COMMITTEES & COMMISSIONS, BELOW) Traffic Sianal Specialist 6 Traffic Signal Technician (ALL) 6 Transportation Engineer (ALL) 2, 3, 6 Visitor Information Center Manager 6 1 -25- BBK— Oeteber 200 ovember 2004 RVPUB\DMV\684244.2 LAW OFFICES OF BEST BEST & KRI EG ER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION MEMBERS OF BOARDS,, COMMITTEES & COMMISSIONS Architectural Review Commission Art in Public Places Commission Building Board of Appeals and Condemnation El Paseo Business Association Historic Site Preservation Board Housing Commission Marketinq Committee Parks & Recreation Commission Project Area Committee Public Safety Commission Rent Review Commission Sister Citv Committee Technology Committee Consultant4 Resolution No. 04-124 DISCLOSURE CATEGORIES ASSIGNED T, 2 2,6 1,2 1,2 1.2 1,2 1.2 1,2 1,2 1,2 1,2 1.2 6 4 Consultants shall be included in the list of Designated Employees and shall disclose pursuant to the broadest disclosure category in this 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 are limited in scope and thus is not 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 City 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. 1 -26- BBK - n,.+,-.b,..,. -200 ovember 2004 RVPUBIDMV1684244.2 Law OFFICES OF Resolution No. 04-124 BEST BEST KRIEGER LLP EXHIBIT "B" DISCLOSURE CATEGORIES, The disclosure categories listed below identify the types of investments, business entities, sources of income, or real property which the Designated Employee must disclose for each disclosure category to which he or she is assigned. Cateaory 1: All investments and business positions in business entities, and sources of income frcm, business entities-, that are located in. do business in, or own real property within the jurisdiction of the City, ewRed real p e r,ast ttve r'-a;s. Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City. Cateaory 3: All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City, plen ta-engage in surah a4vities within the jWisd;Gtion of the City thin the nextyeaF,nr have engaged ;n the past MG (2) years. Cateaory 4: All investments and business positions in, and sources• of income from, business entities that are banking, savings and loan, or other financial institutions. Cateaory 5: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City. Cateaory 6: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee's Department. Cateaory 7: All investments and business positions in, and sources of income from, business entities subject to the regulatory, permit, or licensing authority of the Designated Employee's Department, the pa t0FG (2) „eaFr -27- BBK— gete' er -200'November 2004 RVPUB\DMV\684244.2