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HomeMy WebLinkAbout7.1 Ethics Training Date/Time CITY CLERK File # D[Z;]~[{2]-~lQf AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 1,2006 SUBJECT: Determine Datclrime of Ethics Training Set Forth)'V A"B 1234 Report Prepared bV' Fawn Holman, Ci~v Clerk .~ ATTACHMENTS: I) List of Couneilmembers, Commission/Committee members required to receive ethics traming prior to January 1, 2007 October 2006 CUlUleil/Commission Calendar Staff Report dated February 7, 2006 regarding Proposal for Compliance with the Ethics Training Requirements Set Forth in AB 1234 2) 3) 2) RECOMMENDATION: w Determine Date, Time and Location for Ethics Training FINANCIAL STATEMENT: None DESCRIPTION: At its February 7, 2006 meeting, the City Council received a report regarding AB 1234, the Local Government Sunshine Bill, as it pertained to mandat\lry 2-hour ethics trainmg for local agency officials on a bi-annual basis. Under AB 1234, if the City provides compensation, salary, stipend or reimbursement for actual and necessary expenses to a member of a legislative body, then those "local agency oflicials" must receive ethics training in compliance with AB 1234 AB 1234 defines "local agency official'" as I) any member of a local legislative body or cleeted official, and 2) any employee designated by a local legislative body t\l receive the training. As such, all members of the City Council, Planning Commission, Parks & Community Services Commission, Heritage & Cultural Arts Commission, Senior Advisory Committee and Youth Advisory Committee are mandated to receive ethics training. Additionally, City Staff determined by the Council to receive mandatory ethics training include the City Manager, City Attorney and those designated under the City's Conflict ofInterest Code (DMC 2.24 020), excluding consultants. AB 1234 requires all local officials who were in service as of January 1,2006 receive ethics training before January 1, 2007 This requirement does not, however, apply to local officials whose term in omce ends prior to January 1,2007 (See Attachment I ) At its February 2006 meeting, the City Council determined that the current legislative bodies, City Manager, City Attomey, and designated Staff (excluding consultants and those ending service by January 1,2007) would re<;eive training in October 2006. Any new Cowlcilmembers and Commission/Committee members seated and/or appointed in December would receive ethics training in February 2007 The ______________________________________________~~_N__.~____________________________________~_____.____________ COpy TO: ITEM NO. 11 Page 1 0[2 G:\CC-MTGS\2006 ~c mlg...\2006-qtr3\08-Aug\08~OI~06\as.ethics trng date.doc ~ Co(meil cxpresscd a desire for as many as possible to receIve thc training at the same time; however, if an Official or desIgnated Staff was unable to attend thc training on the October date selected by the City Council, a make-up training sessIOn will he offered. Alter reviewing the Octoher 2006 Council/Commission Calendar (attached as Attachment 2), and reviewlDg fa"ihty availability in Octoher, Staff is offering the [ollowing scheduling options: Council Chamher' . Monday, October 2nd, evemng . Wednesday, October 4tl', evening . Monday, October 9th, evening . Monday, October 30'h, evemng Library Community Room: . Fnday, Octob"r 6th, evening . Friday, October 13th, evening RegIOnal Meeting Room. . Saturday, Octoher 2S'\ morning At this time, Staff is requestlllg that the City Council determine the date of the AB 1234 ethics training scssion from the optIons presented or provide alternate dircetion: t 20f2 ~ -3 ~ ~ = i:i:cll 11I:'- L.......J I :.Ii!: [', -.I .,;,j'G' - p CURRENT MEMBERS OF DUBLIN'S LEGISLATIVE BODIES Those highlighted in yellow are required to receive ethics training by January 1, 2007 cttVCOll1fcu:. PI&'IhfG.COlQOlISIOif. .. NCSCOMMJSSroN JLlCACOMMISSION Mayer Janet Lockhart 12106 Donald Biddle 12108 Burr Cain 12/06 Maty Beth Acuff 12/08 Vice Mayor Tony Omvetz 12/08 Robert Fasnlke~r 12/06 Sue Flcres 12/08 Janet Fasulkey 12106 Cm. Kasie Hildenbrand 12108 Mcrgan King 121M Richard Guarienti 12106 Kim Halket 12/08 Cm. Claudia McConnick 12106 Bill Schaub 12108 Steven Jones 12/tl8 Judy Lussie 12/tl8 Cm. George Zika 12106 Doreen Wehrenberg 12/08 Angela Muetterties 12106 Connie Mack 12/06 I Alex Deering 6107 Georgean Vonheeder-Leopold 12106 . Sally White 12/06 AIbert Edge Barbara Gifforo . ~":rd. .y 12/08 The 2006-2007 Youth AdviSOly Committee is tenI3lively scheduled 10 be 12/tl8 appoinred by the City Council at its August 15, 2006 meeting. 12106 Greer Pa}1cn Members o/the YAC cmdd also opt to l'eceive training at the February 1007 session because they were not in .seM'ice as of Januarv 1, 1006. 12106 Beth Wood 12108 Note: The newly-formed Housing Committee is exempt from the ethics training requirements of AS 1234 because Committee members do not receive reimbursement of expenses or a stipend/compensation. ~ \) Ethics Training Scheduling Options October 2006 :;<f1lo/P OdIober 2006 MTWTFSS 1 2345678 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2:3242526272829 30 31 N"",,"- 2006 MTWTFSS '1"-- 2 3 4 --5 6 7 8 9 10 11 12 13 14 15 18 17 18 19 2021222:3242528 27 28 29 30 M.cmday ..... ~ay Wednesday Thursd.y FrIday SaWr<Jav., October 2 3 4 ~ 6:00pm Training -i:oOpm OtyCoundI 6:00pm Training 9:00am 6,OOpm Training 0pt:I<ln MIll Option OpllOr\(Ub (Ch.mbers) (ChambolrS) 7:00pm I..eadersnip Comm Rm) Academy 6:00pm Training OpIlon (Charniltlrs) 7:00pm 6:oopmi'r8ining Option (Chambers) Fawn Holman 9 7:00pm 6:00pm'Dublin Housing Autn Mtg 7:00pm CIty Coutlf;II MIll -- 23 7:00pm 30 11 8:00.m A10c0HOuSing (eM) 6:30pm AIaCO Mayors'Cont 17 8:00.iiii'a.arnlle~' Annua' Real Estate Tour/wncn (All day) 24 ___ 25 5:00pm AICoW_g (JL) 7:3Opm_ 31,_..__~J 12 . . "n.. l3 1 7:00pm Leadership Academy 7:00pm 6:00pm Training Option (LIb Comm Rm) 18 19 - S':30pm EBD/League ,-- (10) 20 21 26 27 9:00.m training Option (I\MR) 3:30pm CMA (GZ) 7:00pm leadership AQldemy 2 ~, -- ~ 1 A'lTACHMEN'I' 2. ~'J, Of D~lb~ 6 JQ\~ ~/"~"~~\~ 19 'lCi ~ 82 ,~, Qj/'lfOR'f.\.~ CITY CLERK File # D~ff]lQ]-I!!J[5J 7'0 f 0 ...... AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 1. 2006 Proposal for Compliance with the Ethics Training Requirement Set Forth in AB 1234 Report Prepared by Elizabeth H. Silver, City Attorney and Joni Pattillo, 4ssistant City Manager SUBJECT: ATTACHMENTS: None. RECOMMENDA nON: (I 1) 2) FINANCIAL STATEMENT: None. DESCRIPTION: 3) Receive staff presentation. Approve ethics training set forth in AS 1234 for the City Council m December 2006 or provlde staff with additIonal direction. Approve the inclusion oflhe Planning Commission, Parks & Community Services Corrumssion, Heritage & Cultural Arts CommiSSIOn, Sernor Center Advisory Committee, Youth Advisory Committee and any other City Conunissions in the ethics training along with City Council in December 2006 or provide staff with additional direction, City Council to designate City Manager, City Attorney and the designated positions that are listed in the Dublin Municipal Code, Chapter 2.24, Section 2.24.020 to receive the ethics training along with City Council in December 2006 or provide staff with additional direction. 4) The Local Government Sunshine Bill, Assembly Bill 1234 (AS 1234), became effective January 1, 2006. At the December 20, 2005 City Council meeting, the Council adopted Resolution 231-05 complying with the reimbursement requirements of AS 1234. COpy TO: ----------_._--------------~----~-----~---~-----~. ---~_.--.--------~-----~-----------~--~-----~----- . Wt34l.l Page 1 of4 AT'l'A(,HMEN'r_~ In addition to its provisions regarding compensation and reimbursement of legislative body members, AB <fic::' 1234 also imposes a new ethics traming requirement for local officials. This staff report discusses the City's obligations with respect to the ethics traming rcquirement, and recommends a proposal for compliance with the requirement. Ethics Traimng Requirement AS 1234 requires that each local agency official must receive at least two hours every two years of training in general ethics principles or ethics laws relevant to his or her public service. (Gov. Code S 53235(b).) AS 1234 defines "ethics laws" as the laws pertaining to conflicts of interest, the Brown Act, gift and travel restrictions, mass mailing restrictions, due process requirements, etc. (Gov Code S 53234(d).) The City must provide informatIOn on the ethics training and make sessions available to its local officials at least once each year. (Gov. Code * 53235(f).) Who Must Fulfill the Ethics Training Requirement Under AS 1234, if the City provides compensation, salary, stipend or reimbursement for actual and necessary expenses to a member of a legIslative body, then all "local agency officials" must receive ethICS training in compliance with AS 1234. (Gov. Code S 53235(a).) AS 1234 defines "local agency official" as 1) any member of a local legislative body or elected official, and 2) any employee designated by a local legislative body to receive the training. (Gov. Code S 53234(c).) "LegislatIVe body" has the same definition as "legIslative body" in the Brown Act, Government Code Section 54952. Thus, AS 1234 covers the City Council, as well as commissions, boards, or other bodies of a city that are created by charter, ordinance, resolution, or formal action of a legIslative body. (Gov. Code S 54952 (a) and (b).) Currently, the City compensates and reimburses members of the City Council, Planning Commission, Parks & Community Services Commission, and Heritagc & Cultural Arts CommIssion. (Municipal Code 99 2.08.020, 2.16.010, 2.18.010). Additionally, the City reimburses members of the Senior Advisory Committee and Youth Advisory Committee for expenses Incurred in performance of official duties (Ord. 01-06). Since the membcrs of these six legislative bodies all receive compensation and/or reimbursement, all such members must receive ethics training compliant with AS 1234. In addition, the City Councilor other legislative body may designate any City employee to receive ethics traming, at its discretion. Staff is proposing, for City Council consideration, that training be extended to the City Manager, City Attorney and the designated pOSItions under the Dublin Municipal Code that is in compliance with the Political Reform Act of 1974 Those designated positIons excluding consultants (legal counsel opined that consultants could be excluded from this training) that are listed in the Dublin Municipal Code, Chapter 2.24, Section 2.24.020 are as follows: Administrative Services Director Assistant City Attorney Assistant City Manager Building Official City Engineer CommWlity Development Director Economic Development Director Parks and Community Services Director Planning Manager Public Works Director !) of 0 Although not a requirement of AB1234, it is City Staffs intent to incorporate Ethics Training as a baseline-training requirement for all City employees beginning In Fiscal 2006-2007 Deadlines for Compliance with the Ethics Training ReCluirement AS 1234 requires all local officials who were in service as of January 1, 2006 receive ethics training before January 1, 2007 (Gov. Code S 53235 1(a).) This requirement does not apply to local officials whose term in office ends pnor to January 1, 2007. (Ibid.) Additionally, local officials who commence service in 2006 have one year from their first day of service to comply with the ethics training requirement. (Gov Code S 53235 I(b).) In other words, City Couneil members currently serving on the Council and continuing service into 2007 must receive the training before January I, 2007, whereas City Council members elected in November 2006 have until November 2007 to satisfy the requirement. Council members whose terms end in November 2006 do not need to receive the training. Proposal for Compliance with the Ethics Trainim! Reauirement Staff recommends that the City Attorney or her deSIgnee provide an ethics training course in single or multiple sessions, at the Council's discretion. The ethics training course will comply with the curriculum- certIfication requirements set forth in AS 1234 (Gov Code 9 53235(c).) Due to the timing constraints of AB 1234, the most opportune time to provide the course would be in December 2006, after the new Council members and Mayor are sworn into office. Thus, if the swearing- III occurs at the first meeting of December, the training could occur at this first meeting or the second December meeting. Of course, the schedule for the traming session(s) is at Council diseretion, so long as the training complies with AS 1234. Finally, members of the Planning Commission, Parks & Community Services Commission, Heritage & Cultural Arts CommIssion, Senior Advisory Committee, and Youth Advisory Committee could attend these same ethics training sessions to fulfill the AS 1234 requirement. Alternatively, these local officials may receive training in a separate session. Documentation ReCluirements The City must maintain records regarding the ethics training, including: 1) the dates that local officials received the ethics training, and 2) thc name of the entity that provided the training. (Gov Code S 53235(a).) The City must maintain these records for at least five years after the local official has received the training, and the records are considered public records subject to disclosure under the California Public Records Act. (Gov Code S 53235.2(b).) The City Clerk will maintain these records. The City Attorney or her designee will provide ethics training participants with proof of participation upon completion of the training course, and a copy of such certification will be forwarded to the City Clerk. RECOMMENDATION (po If, Staff recommends that the City Council: 1) receive staff presentation, 2) approve ethics training set forth in AB 1234 for the City Council III December 2006 or provide staff with additional direction,and 3) approve the inclusion of the Planmng Commission, Parks & Community Services Commission, Heritage & Cultural Arts Comnnssion, Senior Advisory Committee, and Youth Advisory Committee and any other City Commissions III the training along Wtth City Council in December 2006 or provide staff wIth additional direction, and 4) City Council to deSIgnate City Manager, City Attorney and the designated positions that are listed in the Dublin Mumcipal Code, Chapter 2.24, Section 2.24.020 to receive the ethics training in December 2006 or provide staff with additional direction.