HomeMy WebLinkAbout4.14 Conflict of Interest
CITY CLERK
File # D~~~-~[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 19, 2006
SUBJECT:
Amendment to Conflict of Interest Code (Municipal Code Chapter
2.24) 'it"
Report prepared by Fawn Holman, City Clerk rsJ
and Elizabeth Silver, City Attorney
ATTACHMENTS:
Staff Report from September 5, 2006 Council meeting, including
proposed Ordinance.
RECOMMENDATION: ~ Waive reading and adopt Ordinance amending Chapter 2.24.020 of
the Dublin Municipal Code and removing one position as decision
making position for purposes of the California Political Reform Act.
FINANCIAL STATEMENT: None
DESCRIPTION: At its September 5, 2006 meeting, the City Council conducted a
public hearing, waived the reading and introduced an Ordinance which would remove the Administrative
Services Director position from the list of designated employees in the City's Conflict of Interest Code
(see attached Staff Report). This position would commence with filing an annual Statement of Economic
Interest as City Treasurer under the provisions of Government Code S87200.
Recommendation:
Staff recommends that the City Council waive the second reading and adopt the Ordinance amending
Chapter 2.24.020 of the Dublin Municipal Code and removing one position as decision making position
for purposes of the California Political Reform Act.
COPY TO:
Page 1 of 1
ITEM NO. 4-. \ ~
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CITY CLERK
File # D~~5J-~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 5,2006
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
.' .....
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>>
,
FINANCIAL STATEMENT: None
Amendments to Conflict of Interest Code (MUnici2" al Code
Chapter 2.24)
Report Prepared by: Fawn Holman, City Clerk nd Elizabeth
Silver, City Attorney
1)
Chapter 2.24 of Dublin Municipal Code (Conflict of Interest
Code)
Ordinance Amending Chapter 2.24 of the City's Conflict of
Interest Code
Excerpt from Government Code S87200
Administrative Services Director Job Description
2)
3)
4)
1)
2)
3)
4)
5)
6)
Open Public Hearing
Receive Staff Presentation
Receive Public Testimony
Close Public Hearing
Deliberate
Waive Reading and Introduce Ordinance
DESCRIPTION: The Political Reform Act requires cities to adopt a Conflict of
Interest Code that designates the Staff positions within the City making governmental decisions that could
foreseeably affect a financial interest of the employee. The Act also requires the Code to require the
"designated employees" to annually disclose their financial interests.
The Political Reform Act also requires cities to review its Conflict of Interest Code biennially, on even-
numbered years, to determine if any amendments are necessary. This is the first reading of an Ordinance
which would make changes to Section 2.24.020 of Dublin Municipal Code related to designated
employees. The following change is proposed:
COPY TO:
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Page 1 of 4
ATTACDMENT~_
G:\CC-MTGS\2006 cc mtgs\2006-qtr3\09-Sept\09-0S-06\as-coi code update.doc
1.
Remove Administrative Services Director from list of designated employees.
J ofl ~
Government Code S87200 specifies those officials who are mandated by State law to file a
Statement of Economic Interest with the Fair Political Practices Commission (FPPC).
Included in those specified are City Treasurers, elected and appointed. Historically, the
Administrative Services Director has filed a Statement of Economic Interest subject to the
City's Conflict of Interest Code. However, the Administrative Services Director's job
description (see attached) specifies that the position serves as City Treasurer. As such,
Staffhas determined that this position should commence with filing its annual Statement of
Economic Interest as a Government Code S87200 filer, subject to full disclosure, and be
removed from the City's Conflict of Interest Code.
Recommendation:
Staff recommends that the City Council conduct the public hearing; deliberate; waive the first reading and
INTRODUCE the Ordinance amending Chapter 2.24.020 of Dublin Municipal Code.
Chapter 2.24
CONFLICT OF INTEREST CODE
Sections:
2.24.010
2.24.015
2.24.020
2.24.030
2.24.040
2.24.050
2.24.060
2.24.070
2.24.080
2.24.090
2.24.100
Purpose.
Definitions.
Designated positions.
Disclosure statements.
Disclosure statements-
Place of filing.
Disclosure statements-
Time of filing-Contents
and period covered.
Disclosure statements-
Manner of reporting.
Acquisition or disposal
during reporting period.
Disqualification.
Manner of
disqualification.
Copies of regulations on
file.
2.24.010 Purpose.
Pursuant to the provisions of Government
Code Sections 87300, et seq., the City Man-
ager of the city, on behalf of the administra-
tive staff of the city and all consultants,
hereby adopts the following conflict of inter-
est code. Nothing contained herein is
intended to modify or abridge the provisions
of the Political Reform Act of 1974 (Govern-
ment Code Section 81000, et seq.). The pro-
visions of this code are additional to
Government Code Section 87100 and other
laws pertaining to conflicts of interest,
including but not limited to Government
Code Section 1090, et seq. The provisions of
the Political Reform Act of 1974 and admin-
istrative regulations promulgated under
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2.24.010
authority of said Act by the Fair Political
Practices Commission shall govern over any
inconsistent provisions of this code. Except
as otherwise indicated, the definitions of said
Act and regulations adopted pursuant thereto
are incorporated herein and this code shall be
interpreted in a manner consistent therewith.
(Ord. 18 ~ I, 1982)
2.24.015 Definitions.
The definitions contained in the Political
Reform Act of 1974, the regulations of the
Fair Political Practices Commission (Cali-
fornia Code of Regulations, Title 2, Sections
18100 through 18997), and any amendments
to the Act or regulations, are incorporated by
reference into this contlict of interest code.
(Ord. 9-02 S 2)
2.24.020 Designated positions.
The positions listed below are designated
. positions. Officers and employees holding
those positions are designated employees
and, for purposes of the Political Reform Act
of 1974, are deemed to make, or participate
in the making of, decisions which may fore-
seeably have a material effect on a financial
interest.
Designated Position
Administrative Services Director
Assistant City Attorney
Assistant City Manager
Building Official
City Engineer
Community Development Director
Consultants*
Economic Development Director
Parks and Community Services
Director
27
Disclosure
Category
2
2
2
3,4
2
3,4
2
2
2
(Dublin 3-05)
10.3 qlb/~6
l'l'l'ltllENT 1
2.24.030
Designated Position
Planning Manager_
Public Works Director
Disclosure
Category
3,4
2
* Consultants shall be included in the list of designated
employees. and shall disclose pursuant to the terms of
Disclosure Category 2, subject to tbe following limita-
tion:
The City Manager may determine in writing that a partic-
ular consultant, 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 cbapter. S ueb a written detemrina-
tion 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 determi-
nation is a public record and shall be retained for public
inspection in the same manner and location as this con-
flict of interest code.
(Ord. 24-04 S 1; Ord. 9-02 S 3: Ord. 3-96
S 1: Ord, 9-94 S 1; Ord. 8-92 S 1; Ord. 5-83
S 1; Ord. 18 S 2, 1982)
2.24.030 Disclosure statements.
Designated positions shall be assigned to
one (1) or more disclosure categories set
forth in this section. The disclosure catego-
ries 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 prop-
erty, 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 man-
ner as hereinafter provided.
A. Disclosure Category 2. Investment in
business entities which are located within, or
do business, plan to do business, or have
done business during the preceding two (2)
year period within the city. Interests in real
property located in whole or in part within
the city. Sources of income as defined by the
Political Reform Act of 1974, as amended.
(Dublin 3-05)
)d-.
Business positions with business entities not
otherwise reported as investments, interest in
real property or sources of income, which are
located within, plan to do business, do busi-
ness or have done business during the pre-
ceding two (2) years within the city.
B. Disclosure Category 3. Investments
in and business positions held in business
entities and sources of income which:
1. Have interests in real property located
in whole or in part within the city;
2. Do business, plan to do business, or
have done business during the preceding two
(2) year period within the city and which
engage in architectural, planning, engineer-
ing, construction, building, real estate devel-
opment or a related field.
(Business positions need only be reported
if the business entity has not otherwise been
reported as an investment, source of income
or interest in real property.)
C. Disclosure Category 4. Interests in
real property which are located in whole or
in part within the city. (Ord. 9-94 S 2; Ord. 8-
92 S 2; Ord. 18 S 3, 1982)
2.24.040 Disclosure statements-
Place of filing.
Designated employees required by this
code to file disclosure statements shall file
their statements with the City Clerk who will
make the statements available for public
inspections and reproduction. Statements for
all designated employees will be retained by
the City Clerk. (Ord. 9-02 S 4: Ord. 9-94 S 3:
Ord. 18 S 4, 1982)
28
2.24.050 Disclosure statements-
Time of filing-Contents
and period covered.
A. Initial Statements. Each person
already in a position when it is designated by
an amendment to this code shall file an initial
statement within thirty (30) days after the
effective date of the amendment. The initial
statement shall disclose reportable invest-
ments, interests in real property, and busi-
ness positions held on the effective date of
the amendment to the code and shall disclose
any income received during the twelve (12)
months prior to the effective date of the
amendment to the code.
B. Assuming Office Statements. All per-
sons assuming designated positions shall file
an assuming office statement within thirty
(30) days after assuming the designated posi-
tion. Assuming office statements shall dis-
close any reportable investments, interests in
real property, and business positions held on
the date of assuming office and shall disclose
income received during the twelve (12)
months prior to the date of assuming office.
C. Annual Statements. Persons holding
designated positions shall file an annual
statement no later than April 1 s1. Annual
statements shall disclose any reportable
investments, interests in real property,
income and business positions held or
received during the previous calendar year;
provided, however, that the period covered
by an employee's first annual statement shall
begin on the effective date of the code or the
date of assuming office, whichever is later.
D. Leaving Office Statements. All per-
sons who leave designated positions shall
file leaving office statements within thirty
(30) days of leaving office. Leaving office
statements shall disclose reportable invest-
I'
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2.24.050
ments, interests in real property, income and
business positions held or received at any
time during the period since the closing date
of the previously filed statement and the date
of leaving office. (Ord. 9-02 S 5: Ord. 18 S 5,
1982)
2.24.060 Disclosure statements-
Manner of reporting.
Disclosure statements shall be made on
the forms supplied by the City Clerk and
shall contain the following information:
A. Contents of Investment and/or Real
Property Reports. When an investment, or an
interest in real property is required to be
reported under the provisions of this code,
the report shall contain:
1. A statement of the nature of the
investment or interest in real property;
2. The name of the business entity in
which each investment is held, and a general
description of the business activity in which
the business entity is engaged;
3. The address or precise location of the
real property;
4. A statement of whether the fair mar-
ket value of the investment or the interest in
real property exceeds one thousand dollars
($1,000), exceeds ten thousand dollars
($10,000), exceeds one hundred thousand
dollars ($100,000), or exceeds one million
dollars ($1,000,000);
5. For purposes of disclosure under this
code, "interest in real property" does not
include the principal residence of the filer.
B. Contents of Personal Income Reports.
When personal income or a source of per-
sonal income is required to be reported, this
statement shall contain:
1. The name and address of each source
of income aggregating five hundred dollars
29
(Dublin 9-02)
2.24.070
($500) or more in value, or fifty dollars ($50)
or more in value if the income was a gift, and
a general description of the business activity,
if any, of each source;
2. A statement whether the aggregate
value of income from each source, or in the
case of a loan, the highest amount owed to
each source, was one thousand dollars
($1,000) or less, greater than one thousand
dollars ($1,000), greater than ten thousand
dollars ($10,000), or greater than one hun-
dred thousand dollars ($100,000);
3. A description of the consideration, if
any, for which filer received the income;
4. In the case of a gift, the name,
address, and business activity of the donor
and any intermediary through which the gift
was made, a description of the gift, the
amount or value of the gift, and date on
which the filer received the gift;
5. In the case of a loan, the annual inter-
est rate, the term of the loan, and the security,
if any, given for the loan.
e. Contents of Business Entity Income
Reports. When the income of a business
entity, including income of a sole proprietor-
ship, is required to be reported by an
employee or officer holding a designated
position, the statement shall contain:
1. The name and address and general
description of the business activity of the
business entity;
2. The name of every person from whom
the business entity received payments if the
filer's pro rata share of gross receipts from
such person was equal to or greater than ten
thousand dollars ($10,000) during a calendar
year.
D. Contents of Business Position
Reports. When business positions are
required to be reported, persons holding des-
(Dublin 9-02)
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ignated positions shall list the names and
address of each business entity in which the
filer is a director, officer, partner, trustee or
employee, or in which the filer holds any
position of management, shall describe the
business activity in which the business entity
is engaged, and shall disclose the filer's posi-
tion with the business entity. (Ord. 9-02 S 6:
Ord. 18 S 6, 1982)
2.24.070 Acquisition or disposal
during reporting period.
In the case of an annual or leaving office
statement, if an investment or interest in real
property was partially or wholly acquired or
disposed of during the period covered by the
statement, the statement shall contain the
date of acquisition or disposal. (Ord. 9-02
S 7: Ord. 18 S 7,1982)
2.24.080 Disqualification.
A. Officers and employees holding des-
ignated positions must disqualify themselves
from making, participating in the making, or
using their official position to influence the
making of any decision in which they have a
reportable financial interest when it is rea-
sonably foreseeable that such interest might
materially be affected by the decision. No
such officer or employee shall be required to
disqualify himself with respect to any matter
which could not be legally acted upon with-
out his participation.
B. Notwithstanding the designation of
employees and positions herein, no official
or employee of the city shall make or partic-
ipate in the making of a decision to or not to
license, inspect, permit, contract, cite or
investigate any business or property with
which such official or employee has a finan-
cial interest. For the purpose of this subsec-
30
tion, financial interest shall have the
meaning ascribed to it by Section 87103 of
the Government Code. (Ord. 18 ~ 8, 1982)
2.24.090 Manner of disqualification.
An officer or employee holding a desig-
nated position required to disqualify himself
by the provisions of this code shall notify the
City Manager in writing. The City Manager
shall forward such notification to the City
Clerk for filing. (Ord. 18 S 9, 1982)
2.24.100 Copies of regulations on file.
Copies of the Political Reform Act of
1974 and administrative regulations adopted
pursuant thereto shall be maintained on file
and available for inspection in the office of
the City Clerk. (Ord. 9-94 S 4: Ord. 18 S 10,
1982)
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2.24.090
30-1
(Dublin 9-02)
ORDINANCE XX - 06
o' c I- J;)-
AN ORDINANCE OF THE CITY OF DUBLIN
**********
AMENDING CHAPTER 2.24.020 OF THE DUBLIN MUNICIPAL CODE AND REMOVING
ONE POSITION AS DECISION MAKING POSITIONS FOR PURPOSES OF THE
CALIFORNIA POLITICAL REFORM ACT
WHEREAS, the California Political Reform Act requires all local governmental agencies to
review their conflict of interest codes biennially to determine if the code must be amended; and
WHEREAS, California Government Code section 87306(a) requires local agencies to amend their
conflict of interest codes when a change is necessitated by circumstance to positions designated pursuant
to subdivision (a) of California Government Code section 87302; and
WHEREAS, Section 2.24.020 of the Dublin Municipal Code provides that those positions listed
in Section 2.24.020 of that Chapter shall be designated positions for purposes of California Government
Code 87302; and
WHEREAS, Staff has determined that one designated position, Administrative Services Director, is, by
job description, the City Treasurer and is therefore mandated to file Statements of Economic Interest
pursuant to Government Code S87200, that the list of designated positions should be amended to reflect
this change, and this position be stricken from in the list of designated positions contained in Dublin
Municipal Code 2.24.020.
NOW, THEREFORE, THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1: That Section 2.24.020 of the Dublin Municipal Code be amended strike the existing
designated position of "Administrative Services Director" from the list of designated employees with
disclosure obligations.
Designated Position
Disclosure Category
Administrative Services Director
Assistant City Attorney
Assistant City Manager
Building Official
City Engineer
Community Development Director
Consultants *
Economic Development Director
Parks and Community Services Director
Planning Manager
Public Works Director
~
2
2
3,4
2
3,4
2
2
2
3,4
2
. Consultants shall be included in the list of designated employees and shall disclose pursuant to the terms of Disclosure
Category 2, subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a "desig
range of duties that is limited in scope and thus is not required to fully comply with the di1
Such a written determination shall include a description of the consultant's duties and, bas I rtm ll1DUtlITT ~
of the extent of disclosure requirements. The city manager's determination is a public reco lllllllJDlII.nl1
inspection in the same manner and location as this conflict of interest code.
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SECTION 2: PUBLICATION AND EFFECTIVE DATE.
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall
take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the
City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of
Dublin in accordance with Section 36933 of the Government Code of the State of California
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DUBLIN on this 19th day of September, 2006, by the following votes:
Ayes:
Noes:
Absent:
Abstain:
Mayor
Attest:
City Clerk
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10ofler-
CALIFORNIA CODES
GOVERNMENT CODE
SECTION 87200-87210
87200. This article is applicable to elected state officers, judges
and commissioners of courts of the judicial branch of government,
members of the Public Utilities Commission, members of the State
Energy Resources Conservation and Development Commission, members of
the Fair Political Practices Commission, members of the California
Coastal Commission, members of planning commissions, members of the
board of supervisors, district attorneys, county counsels, county
treasurers, and chief administrative officers of counties, mayors,
city managers, city attorneys, pity treasurers, chief administrative
officers and members of city councils of cities, and other public
officials who manage public investments, and to candidates for any of
these offices at any election.
87201. Every candidate for an office specified in Section 87200
other than a justice of an appellate court or the Supreme court shall
file no later than the final filing date of a declaration of
candidacy, a statement disclosing his or her investments, his or her
interests in real property, and any income received during the
immediately preceding 12 months.
This statement shall not be required if the candidate has filed,
within 60 days prior to the filing of his or her declaration of
candidacy, a statement for the same jurisdiction pursuant to Section
87202 or 87203.
87202. (a) Every person who is elected to an office specified in
Section 87200 shall, within 30 days after assuming the office, file a
statement disclosing his or her investments and his or her interests
in real property held on the date of assuming office, and income
received during the 12 months before assuming office. Every person
who is pppointed or nominated to an office specified in Section 87200
shall file such a statement not more than 30 days after assuming
office, provided, however, that a person appointed or nominated to
such an office who is subject to confirmation by the Commission on
Judicial Appointments or the State Senate shall file such a statement
no more than 10 days after the appointment or nomination.
The statement shall not be required if the person has filed,
within 60 days prior to assuming office, a statement for the same
jurisdiction pursuant to Section 87203.
(b) Every elected state officer who assumes office during the
month of December or January shall file a statement pursuant to
Section 87203 instead of this section, except that:
(1) The period covered for reporting investments and interests in
real property shall begin on the date the person filed his or her
declarations of candidacy.
(2) The period covered for reporting income shall begin 12 months
prior to the date the person assumed office.
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87203. Every person who holds an office specified in Section 87200
shall, each year at a time specified by commission regulations, file
a statement disclosing his investments, his interests in real
property and his income during the period since the previous
statement filed under this section or Section 87202. The statement
shall include any investments and interest in real property held at
any time during the period covered by the statement, whether or not
they are still held at the time of filing.
87204. Every person who leaves an office specified in Section 87200
shall, within thirty days after leaving the office, file a statement
disclosing his investments, his interests in real property, and his
income during the period since the previous statement filed under
Sections 87202 or 87203. The statement shall include any investments
and interests in real property held at any time during the period
covered by the statement, whether or not they are still held at the
time of filing.
(
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Date Adopted: 11-16-99
Date Revised:
Tide:
Administrative Services Director
FLSA:
Exempt
General Purpose:
To direct, plan, organize, and administer the activities and operations of the Administrative
Services Department; to manage the City's Treasury function and Infonnation Technology
Division; to coordinate department activities with other City departments and outside agencies; and
to provide highly responsible and complex administrative assistance to the City Manager.
Distinguishing Characteristics:
This is an Executive Management/Department Head class with full responsibility for the
management of multiple function service delivery areas within the City. Reports to and receives
direction from the City Manager. May act as City Manager in his/her absence. Employees at this
level receive administrative direction from the City Manager in tenns of goals. Department Head
positions are reviewed in tenns of results.
Essential Duties and Responsibilities:
Develop, plan and implement department goals and objectives; develop and administer policies and
procedures.
Plan and direct the activities of an Administrative Service Department; supervise and coordinate
department activities with those of other departments and outside agencies and organizations.
Provide administrative assistance to the City Manager; prepare and present reports to the City Council
and various committees and commissions regarding the City's fiscal, treasury and budget practices,
policies, and procedures.
Direct and manage the City's Infonnation Technology Division including computer operations, systems
administration, telecommunication and peripheral equipment.
Direct, oversee and participate in the development of the Department's work plan; assign work activities,
projects and programs; monitor workflow; review and evaluate work products, methods and procedures.
r ~ as City Treasurer pursuant to local ordinances. budget officer and financial -:]
overseeing financial forecasting, investment management, and related financial activities.
1
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