HomeMy WebLinkAbout5.7 Introduction of an Ordinance Amending Chapter 2.24.020 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Coder
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
Agenda Item 5.7
DATE: September 17, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Introduction of an Ordinance Amending Chapter 2.24.020 of the Dublin
Municipal Code Pertaining to the City's Conflict of Interest Code
Prepared by: Camilla Getz, Assistant City Attorney
EXECUTIVE SUMMARY:
At the June 4, 2024, City Council meeting, the City Council directed Staff to review the City's
Conflict of Interest Code and determine if it needs to be updated. Staff conducted a review of the
Code and determined that several positions should be added or deleted. The City Council will
consider introducing an ordinance to update the list of designated positions that must file a
Statement of Economic Interests (Form 700).
STAFF RECOMMENDATION:
Waive the reading and INTRODUCE the Ordinance Amending Chapter 2.24.020 of the Dublin
Municipal Code Relating to the City's Conflict of Interest Code, and direct Staff to file the 2024
Local Agency Biennial Notice.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Political Reform Act prohibits a public official from using their official position to influence a
governmental decision in which they have a financial interest. The City must maintain a Conflict of
Interest Code that identifies all officials and employees who make governmental decisions based
on the positions they hold. The individuals identified in the Conflict of Interest Code must publicly
disclose their designated financial interests by filing a Statement of Economic Interests (Form
700).
The City's Conflict of Interest Code, Chapter 2.24 of the Dublin Municipal Code, identifies all
positions within the City that participate in the making of governmental decisions. These
Page 1 of 3
1
designated positions are required to disclose certain financial interests under state law. A local
agency's conflict of interest code is not applicable to mayors, city councilmembers, planning
commission members, city managers, or city attorneys, as Government Code Section 87200
requires full Form 700 disclosure for individuals holding these positions.
The Political Reform Act requires the City to biennially review and determine whether
amendments to the Code are required. (Gov. Code § 87306.5.) 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. Pursuant to Government Code
Section 87306.5, City departments must determine whether amendments to the Code are
necessary and notify the City Council if such amendments are required. (Gov. Code §§ 82011(c),
87306.5.)
According to previous direction from the City Council and the requirements of the Political Reform
Act, Staff completed a thorough review of the Conflict of Interest Code, the job specifications for all
City employment positions, as well as the FPPC regulations governing the update process. Based
on this review Staff recommends the following changes to Chapter 2.24.020:
1. Amend Section 2.24.020 of the Conflict of Interest Code entitled, "Designated Positions," to
add four City positions determined by Staff to "make or participate in the making of
governmental decisions." These positions (and accompanying disclosure categories) are:
a. Accounting Manager (disclosure category 3)
b. Principal Engineer (disclosure category 1)
c. Deputy City Manager (disclosure category 3)
d. Economic Development Manager (disclosure category 1)
2. Amend Section 2.24.020 of the Conflict of Interest Code entitled, "Designated Positions," to
delete three City positions that have been eliminated. These positions are:
a. City Clerk/Records Manager (deleted via Resolution No. 14-23)
b. Heritage and Cultural Arts Manager (deleted via Resolution No. 72-23)
c. Recreation Manager (deleted via Resolution No. 72-23)
3. Amend Section 2.24.020 of the Conflict of Interest Code titled "Designated Positions" to
revise the title of three City positions already designated in the Code. Those positions, and
accompanying disclosure category and revisions, are:
a. Administrative Services Director (disclosure category 3). Revised to Finance Director
(disclosure category 3).
b. Assistant Director of Administrative Services (disclosure category 3). Revised to
Assistant Finance Director (disclosure category 3).
c. Recreation Manager (disclosure category 3). Revised to Parks and Community Services
Manager (disclosure category 3).
Page 2 of 3
2
4. Amend Section 2.24.020 of the Conflict of Interest Code titled "Designated Positions" to
revise the disclosure category of the designated position Assistant Director of Parks and
Community Services from disclosure categories "2, 3" to "1" to align with other similar
designated positions in the Code.
The City's amended Code will not be effective until it has been adopted by the City Council. (Gov.
Code § 87303.) Staff recommends that the City Council waive the reading and introduce the
ordinance amending the Conflict of Interest Code consistent with the changes described above,
and direct Staff to file the 2024 Local Agency Biennial Notice.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Amending Chapter 2.24.020 of the Dublin Municipal Code Relating to the City's
Conflict of Interest Code
2) 2024 Local Agency Biennial Notice
Page 3 of 3
3
Attachment I
ORDINANCE NO. XX — 24
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING CHAPTER 2.24.020 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE
CITY'S CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act codified at Government Code Section 81000 et seq.,
requires every local government agency to review its Conflict of Interest Code biennially to
determine whether amendments to the Code are required; and
WHEREAS, following review of the Conflict of Interest Code, it was determined that the
amendments contained in this Ordinance were appropriate.
NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows:
Section 1. Chapter 2.24.020 is amended to read as follows (additions shown in italics and
deletions shown in ctrikcthrough):
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
3
Accounting Manager
3
Assistant City Attorney
1
Assistant City Manager
1
Assistant to the City Manager
1
Assistant Director Administrativc Scrviccs
3
of
Assistant Director of Community Development
1
Assistant Finance Director
3
Assistant Director of Parks and Community
Services
1
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 1 of 4
4
Attachment I
Designated Position
Disclosure Category
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
Community Development Director
1
"Consultant"* as defined in FPPC Reg. sect.
18700.3
1
Deputy City Clerk
3
Deputy City Manager
3
Economic Development Director
1
Economic Development Manager
1
Environmental Coordinator
1
Environmental Sustainability Manager
1
Finance Director
3
Finance Analyst
1
Heritage Cultural Arts Manager
1-
and
Housing Specialist
1
Human Resources Director
3
Human Resources Manager
3
Information Services Manager
3
Management Analyst II
3
Parks and Community Services Director
1
Parks and Community Services Manager
3
Plan Check Engineer
1
Planning Manager
1
Principal Engineer
1
Principal Planner
1
Ord. No. XX-24, Item X.X, Adopted XX/XX/24
Page 2 of 4
5
Attachment I
Designated Position
Disclosure Category
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 and Commissions
Disclosure Category
Human Services Commission
1
Heritage and Cultural Arts Commission
1
Parks and Community Services Commission
1
* 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.)
Section 2. Effective Date. This Ordinance shall take effect and be enforced thirty (30)
days following its final adoption.
Section 3. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to
be posted in at least three public places in the City of Dublin in accordance with Section 36933 of
the Government Code of the State of California.
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 3 of 4
6
Attachment I
PASSED, APPROVED AND ADOPTED this th day of 2024, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 4 of 4
7
Attachment 2
2024 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person Phone No.
Email: Alternate Email.
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to
help ensure public trust in government. The biennial review examines current programs to
ensure that the agency's code includes disclosure by those agency officials who make or
participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
▪ An amendment is required. The following amendments are necessary:
(Check all that apply.)
■ Include new positions
■ Revise disclosure categories
■ Revise the titles of existing positions
■ Delete titles of positions that have been abolished and/or positions that no longer make or
participate in making governmental decisions
■ Other (describe)
▪ The code is currently under review by the code reviewing body.
▪ No amendment is required. (If your code is over five years old, amendments may be
necessary.)
Verification (to be completed if no amendment is required)
This agency's code accurately designates all positions that make or participate in the making of governmental
decisions. The disclosure assigned to those positions accurately requires that all investments, business
positions, interests in real property, and sources of income that may foreseeably be affected materially by the
decisions made by those holding designated positions are reported. The code includes all other provisions
required by Government Code Section 87302.
Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or
amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if
earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fppc.ca.gov
FPPC Advice: advice@fppc.ca.gov (866.275.3772)
Page 1 of 1
8