HomeMy WebLinkAbout5.06 Notice of Review of Conflict of Interest Coder
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Notice of Review of Conflict of Interest Code
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
Agenda Item 5.6
The Political Reform Act requires every local government agency to review its Conflict of Interest
Code biennially to determine if it is accurate or if it needs amending. The City Council is the code
reviewing body for City agencies, and the City Council must direct Staff to review the City's Conflict
of Interest Code and make a determination by October 1, 2024, if there is a need to amend it.
STAFF RECOMMENDATION:
Direct Staff to review the City's Conflict of Interest Code and take the appropriate action.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Political Reform Act requires every local government agency to review its Conflict of Interest
Code biennially to determine if it is accurate or if the Code needs amending. The last biennial
revision to the City's Code was approved on November 1, 2022.
The City Council is the code reviewing body for City agencies, and as such, must notify Staff to
review the City's Conflict of Interest Code (Attachment 2) and make a determination by October 1,
2024, if there is a need to amend the Code. (California Government Code §§ 82011(c), 87306.5,
included as Attachment 1).
This Staff Report serves as the City Council's notice to the City Attorney to consult with Staff and
determine, by October 1, 2024, if there is a need to update the City's Code. If, after consultation
with Staff, the City Attorney determines that no changes need to be made, the City shall submit a
written statement to that effect to the City Council no later than October 1. If a notice is filed by
Page 1 of 2
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October 1, 2024 indicating an amendment is necessary, the amendment must be heard and
approved by the City Council within 90 days. The City's amended Code will not be effective until it
has been approved by the City Council.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) California Government Code Sections 82011 and 87306.5
2) Dublin Municipal Code Chapter 2.24
Page 2 of 2
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Attachment I
Ir STATE OF CALIFORNIA
LANt AUTHENTICATED
BUREAU ELECTRONIC LEGAL MATERIAL
State of California
GOVERNMENT CODE
Section 82011
82011. "Code reviewing body" means all of the following:
(a) The commission, with respect to the conflict of interest code of a state agency
other than an agency in the judicial branch of government, or any local government
agency with jurisdiction in more than one county.
(b) The board of supervisors, with respect to the conflict of interest code of any
county agency other than the board of supervisors, or any agency of the judicial branch
of government, and of any local government agency, other than a city agency, with
jurisdiction wholly within the county.
(c) The city council, with respect to the conflict of interest code of any city agency
other than the city council.
(d) The Attorney General, with respect to the conflict of interest code of the
commission.
(e) The Chief Justice of California or the Chief Justice's designee, with respect to
the conflict of interest code of the members of the Judicial Council, Commission on
Judicial Performance, and Board of Governors of the State Bar of California.
(f) The Board of Governors of the State Bar of California with respect to the conflict
of interest code of the State Bar of California.
(g) The Chief Justice of California, the administrative presiding judges of the
courts of appeal, and the presiding judges of superior courts, or their designees, with
respect to the conflict of interest code of any agency of the judicial branch of
government subject to the immediate administrative supervision of that court.
(h) The Judicial Council of California, with respect to the conflict of interest code
of any state agency within the judicial branch of government not included under
subdivisions (e), (f), and (g).
(Amended by Stats. 2021, Ch. 50, Sec. 134. (AB 378) Effective January 1, 2022. Note: This section
was added on June 4, 1974, by initiative Prop. 9. )
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Ir STATE OF CALIFORNIA
-Nair AUTHENTICATED
BUREAU ELECTRONIC LEGAL MATERIAL
State of California
GOVERNMENT CODE
Section 87306.5
87306.5. (a) No later than July 1 of each even -numbered year, the code reviewing
body shall direct every local agency which has adopted a Conflict of Interest Code
in accordance with this title to review its Conflict of Interest Code and, if a change
in its code is necessitated by changed circumstances, submit an amended Conflict of
Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303
to the code reviewing body.
(b) Upon review of its code, if no change in the code is required, the local agency
head shall submit a written statement to that effect to the code reviewing body no
later than October 1 of the same year.
(Added by Stats. 1990, Ch. 1075, Sec. 5.)
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Attachment 2
Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 1 of 5
Chapter 2.24
CONFLICT OF INTEREST CODE
Sections:
2.24.010 Purpose.
2.24.015 Incorporation of model code.
2.24.020 Desianated positions.
2.24.030 Disclosure statements.
2.24.010 Purpose.
Pursuant to the provisions of Government Code Section 87300, et seq., the following provisions constitute the
conflict of interest code for the city of Dublin. Nothing contained herein is intended to modify or abridge the
provisions of the Political Reform Act of 1974, as amended (Government Code Section 81000 et seq.). The
provisions of this code are additional to Government Code Section 87100 et seq., and other laws pertaining to
conflicts of interest. (Ord. 14-16 § 1 (part))
2.24.015 Incorporation of model code.
The terms and provisions of 2 California Code of Regulations Section 18730 and any amendments to it, duly
adopted by the Fair Political Practices Commission, are hereby incorporated herein by reference. (Ord. 14-16
§ 1 (part))
2.24.020 Designated positions.
For local officials specified in Government Code Section 87200 (including the Mayor, City Councilmembers,
Planning Commissioners, City Manager, and City Attorney), no disclosure is required by this conflict of interest
code as full disclosure is required by Government Code Section 87200 et seq.
The positions listed in this section are designated positions, and this section is hereby deemed the Appendix
referenced in the provisions incorporated by Section 2.24.015. Officers and employees holding those positions
are designated public officials, and are deemed to make, or participate in the making of, decisions which may
foreseeably have a material financial effect on a financial interest of the designated public official. Each
designated public official shall file an annual statement disclosing that public official's interests as required by
the disclosure category applicable to that public official.
Designated Position Disclosure
Category
Administrative
Services Director
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The Dublin Municipal Code is current through Ordinance 1-24, passed March 5, 2024.
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Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 2 of 5
Assistant City
Attorney 1
Assistant City
Manager 1
Assistant to the City
Manager 1
Assistant Director of
Administrative
Services 3
Assistant Director of
Community
Development 1
Assistant Director of
Parks and
Community Services 2, 3
Assistant Public
Works Director/City
Engineer 1
Associate Civil
Engineer 1
Capital Improvement
Program (CIP)
Manager 1
Chief Building
Official 1
Chief Information
Security Officer 1
City Clerk 3
City Clerk/Records
Manager 3
Code Enforcement
Officer 1
Communications
Manager 1
The Dublin Municipal Code is current through Ordinance 1-24, passed March 5, 2024.
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Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 3 of 5
Community
Development
Director
1
"Consultant"* as
defined in FPPC
Reg. sect. 18700.3 1
Deputy City Clerk 3
Economic
Development
Director 1
Environmental
Coordinator
Environmental
Sustainability
Manager
Finance Analyst
Heritage and
Cultural Arts
Manager
1
1
1
1
Housing Specialist 1
Human Resources
Director
Human Resources
Manager
Information Services
Manager
Management
Analyst II
Parks and
Community Services
Director
Plan Check
Engineer
3
3
3
3
1
1
The Dublin Municipal Code is current through Ordinance 1-24, passed March 5, 2024.
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Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 4 of 5
Planning Manager 1
Principal Planner 1
Public Works
Director/Assistant
City Engineer 1
Public Works
Manager 1
Public Works
Transportation and
Operations Manager 1
Recreation Manager 3
Recreation
Supervisor 2, 3
Senior Civil
Engineer 1
Senior Code
Enforcement Officer 1
Senior Management
Analyst 3
Senior Planner 1
Special Projects
Manager 1
Senior Public Works
Inspector
1
Designated Boards Disclosure
and Commissions Category
Human Services
Commission
Heritage and
Cultural Arts
Commission
Parks and
Community Services
1
1
The Dublin Municipal Code is current through Ordinance 1-24, passed March 5, 2024.
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Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 5 of 5
Commission
* Consultants/new positions shall be included in the list of designated employees and shall disclose pursuant
to the terms of the Disclosure Category 1, subject to the following limitation:
The City Manager may determine in writing that a particular consultant or new position, 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 chapter. Such a written determination shall include a
description of the consultant's or new position's duties and, based upon that description, a statement of the
extent of the 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. (Gov. Code
Section 81008.)
(Ord. 11-22 § 1; Ord. 3-21 § 1; Ord. 16-20 § 1; Ord. 9-18 § 1; Ord. 14-16 § 1 (part))
2.24.030 Disclosure statements.
Designated positions shall be assigned to one (1) or more disclosure categories set forth in this section. The
disclosure categories shall be specifically described as set forth in this section. Each employee or officer
holding a designated position shall file statements disclosing that employee's or officer's interests in
investments, real property, income and positions of management designated as reportable under the category to
which the employee's or officer's position is assigned at the time, place and in the manner as hereinafter
provided.
A. Disclosure Category 1. Interests in real property located within the city or within two (2) miles of the
boundaries of the city or within two (2) miles of any land owned or used by the city; and investments and
business positions in business entities, and income, including loans, gifts, and travel payments.
B. Disclosure Category 2. Interests in real property located within the city or within two (2) miles of the
boundaries of the city or within two (2) miles of any land owned or used by the city.
C. Disclosure Category 3. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or
equipment of the type utilized by the city. (Ord. 14-16 § 1 (part))
The Dublin Municipal Code is current through Ordinance 1-24, passed March 5, 2024.
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