HomeMy WebLinkAbout6.1 Conflict Of Interest
CITY CLERK
File # D~@][m-r1lra:J
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 21, 2004
Amendments to Conflict of Interest Code (Municipal Code
Chapter 2.24)
Report prepared by: Elizabeth H. Silver, City Attorney
and Kay Keck, City Clerk
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
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FINANCIAL STATEMENT: None
1)
2)
Chapter 2.24 of Dublin Municipal Code (Conflict ofInterest
Code)
Ordinance Amending Chapter 2.24 of the City's Conflict of
Interest Code
1)
2)
3)
4)
5)
6)
Open Public Hearing
Receive StafI'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.
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 changes are proposed:
1. Split the designated position of Public Works Director/City Engineer into two separate
designated positions (Public Works Director and City Engineer) to reflect personnel
classification changes.
2. Add the position of Assistant City Attorney to the designated filer's list as subject to
Disclosure Category 2.
Recommendation:
Staff recommends that the City Council conduct a public hearing; deliberate; waive the first reading and
INTRODUCE the Ordinance.
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G:\CC·MTGS\2004-qtr3\Sept\09-21.Q4\as-coi.doc
COPIES TO:
ITEMNO.~
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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 Refonn 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
\~7
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 § 1, 1982)
2.24.015 Definitions.
The definitions contained in the Political
Refonn 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 conflict of interest code.
(Ord. 9-02 § 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
Community Development Directór
Economic Development Director
Parks and Communi~ Services
Director
Planning Manager
Public Works Director/
City Engineer·
Building Official
Assistant City Manager
Disclosure
Category
3,4
2
2
3,4
2
3,4
2
27
~ -2-\~~ ~, I
ATTACHMENT 1
2.24.030
Designated
Position
Administrative Services Director
Consultants*
Disclosure
Category
2
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 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 chapter. Such a written determina-
tion shall include a description of the consultant's duties
and, based upon that description, a statement of the extent
of discloslIte requirements. The city manager's determi-
nation is a public record and shall be retaincd for Pllblic
inspection in the same manner and location as this con-
flict of interest code.
(Drd. 9-02 § 3: Drd. 3-96 § 1: Drd. 9-94 § 1;
Ord. 8-92 § 1; Ord. 5-83 § 1; Ord. 18 § 2,
1982)
2.24.030 Disclosure statements.
Designated positions shall be assigned to
one 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 dis-
closing 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 here-
inafter 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 9"02)
~r5b'
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 § 2; Ord. 8-
92 §2; Ord. 18 § 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 § 4: Ord. 9-94 § 3:
Ord. 18 § 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 designatedby
an amendment to this code shaH 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 shaH 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 st. 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. AH per·
sons who leave designated positions shaH
file leaving office statements within thirty
(30) days of leaving office. Leaving office
statements shaH disclose reportable invest-
~rtü (
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
ofleaving office. (Ord. 9-02 § 5: Ord. 18 § 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.
C. Contents of Business Entity Income
Reports. When the income of a business
entity, including income ofa 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-
(DubJin 9-02)
Ybl
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 § 6:
Ord. 18 § 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
§ 7: Ord. 18 § 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 § 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 § 4: Ord. 18 § 10,
1982)
5Ob'
2.24.090
30-1
(Dublin 9-02)
utr!J7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.24.0~O OF THE
DUBLIN MUNICIPAL CODE AND DESIGNATING THREE NEW POSmONS AS DECISION
MAKING POSmONS 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 Elections Code section 87306(a) requires local agencies to amend their conflict of
interest codes in the event of the creation of new positions which must be designated pursuant to
subdivision (a) of California Elections 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 Elections Code 87302;
and
WHEREAS, Staff has determined that one designated position formerly performed by one person is now
performed by two employees, that the list of designated positions should be amended to reflect this change,
that an additional position should be designated, and that all three positions should be included 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 to separate the existing
designated position of "Public Works Director/City Engineer" into two designated positions, and to add
the position of "Assistant City Attorney" to 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
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 tenns of Disclosure
Category 2, subject to the following limitation: .
The City Manager may determine in writing that a particular consultant, although a "designated position" is hired to peñorm
a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this
article. Such a 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.
712926-1
ATTACHMENT 2
(~7
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 tÌ'om 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 5th day of October, 2004, by the following votes:
Ayes:
Noes:
Absent:
Abstain:
Mayor
Attest:
City Clerk
712926wl