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HomeMy WebLinkAbout6.2 Conflict of Interest~~ f ~~ „ ~; ~~. ,C'~~ /~. CITY CLERK File # ^~0~-mQ AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 2, 2008 SUBJECT: PUBLIC HEARING: Ordinance Amending Chapter 2.24 of the Municipal Code pertaining to the City's Conflict of Interest Code. Report Prepared by: Caroline Soto, City Clerk and John Bakker, City Attorney ATTACHMENTS: 1. Proposed Ordinance Amending Chapter 2.24 of the Municipal Code RECOMMENDATION: 1. Open Public Hearing 2. Receive Staff Presentation 3. Receive Public Testimony 4. Close Public Hearing 5. Deliberate 6. Waive Reading and INTRODUCE the proposed Ordinance (Attachment 1) amending Chapter 2.24 of the Municipal Code pertaining to the City's Conflict of Interest Code FINANCIAL STATEMENT: None DESCRIPTION: The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required. (See Cal. Gov't Code § 87306.5). During the September 16, 2008 City Council meeting, City staff notified the City Council that amendments to the City's Conflict of Interest Code are necessary in order to: (1) accurately reflect all of the designated positions within the City which are required by state law to disclose financial interests; (2) include appropriate disclosure categories for each of the designated positions; and (3) accurately reflect changes in state law. During the same meeting, the City Council directed staff to revise the City's existing Conflict of Interest Code to include these changes. In accordance with this direction, City staff has prepared revisions to the Conflict of Interest Code. The specific changes to the Code are as follows: Section 2.24.020 of the Conflict of Interest Code entitled, "Designated Positions" would be amended to include several positions within the City government that have been determined by staff to make or participate in the making ofgovernmental-decisions pursuant to Government Code Section 87302(a), and in accordance with guidelines published by the Fair Political Practices Commission ("FPPC").The positions that would be added to City's Conflict of Interest Code are:'Finance Manager; Information COPY TO: Page 1 of 2 ITEM NO. . ~~ Services Manager; Parks & Community Services Director; Assistant Director of Parks & Community Services; Parks & Community Services Manager; Parks & Facilities Development Manager; Heritage and Cultural Arts Manager; Human Resources Director, Public Works Manager; and City Clerk. The determination that these City employees make or participate in the making of governmental decisions pursuant to the authorities cited above was made based upon a review of the organizational chart of the City and job descriptions of current management positions with the City. Section 2.24.020 would also be amended to reflect revisions to the disclosure categories in Section 2.24.030, as discussed below. Section 2.24.030 of the Conflict of Interest Code entitled, "Disclosure Statements" would be amended to include the disclosure categories currently recommended by the FPPC. Including these disclosure categories in the Code would provide for differing levels of disclosure that will more accurately reflect the job descriptions of city employees required to make disclosures pursuant to this Code. Section 2.24.060 of the Conflict of Interest Code entitled, "Disclosure Statement Manner of Reporting" would be amended to reflect a change in state law regarding the threshold amount of a financial interest in real property required for disclosure. See Government Code ~ 87206(d). The Mayor and Councilmembers, Planning Commissioners, City Manager, City Attorney and Administrative Services Director are not included in the list of Designated Positions because they are required by state law (Government Code section 87200) to file conflict.of interest statements. RECOMMENDATION: Staff recommends that the City Council open the public hearing, receive public testimony, close the public hearing, deliberate, waive the reading and INTRODUCE the proposed Ordinance (Attachment 1) amending Chapter 2.24 of the Municipal Code pertaining to the City's Conflict of Interest Code. 115002$.4 ~~~ /~~ S ORDINANCE NO.2008- AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE CITY'S CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act located 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, during the September 16, 2008 City Council meeting, City staff informed the Council that amendments to the City's Conflict of Interest Code are necessary to (1) accurately reflect all of the designated positions within the City which are required by state law to disclose financial interests; (2) include appropriate disclosure categories for each of the designated positions; and (3) accurately reflect changes in state law; and NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Sect_ ion 1. Section 2.24.020 of Chapter 2.24 of the Dublin Municipal Code is hereby amended to read as follows, with deletions indicated in strikethrough and additions indicated in underline: Section 2.24.020 Designated Positions. The positions listed below are designated positions. Officers and employees holding these these positions are designated employees and, for the purposes of the Political Reform Act of 1974, are deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. Desi mated Position Disclosure Cate o Assistant City Attorney ~ 1 Assistant Ci Mana er ~ 1 Cit Clerk 3 Buildin Official Ci En ineer ~ X31 ~ 1 Communi Develo ment Director ~4 2-31 Economic Develo ment Director ~, 1 Plannin Mana er ~ ~ 1 Public Works Director 2 1 Finance Mana er 1 Information Services Mana er Parks & Communi Services Director 3 1 Assistant Director of Parks & 2 3 ~2 -2-DFS (l,. L f~ 3'"~Tl1-G H l~-~f ~:~" ~g~.~- Communi Services Parks & Community Services Mana er 2 3 Parks & Facilities Development Mana er 2 3 Herita e and Cultural Arts Mana er 1 Human Resources Director 3 Public Works Manager 1 *Consultants shall be included in the list of designated employees and shall disclose pursuant to the terms of the 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 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 duties and, based upon that description, a statement of the extent of the disclosure requirements. "The City's 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. Section 2. Section 2.24.030 of Chapter 2.24 of the Dublin Municipal Code is hereby amended to read as follows, with deletions indicated in strikethrough and additions indicated in underline: 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 positions is assigned at the time, place and in the manner as hereinafter provided. A. Disclose Category 2-1_ ' ~ , .Interests in real property located within the Citv or within two miles of the boundaries of the Cit or within two miles of an land owned or used b the Cit • and investments and business ositions in business entities and income includin loans, gifts, and travel pa ents B. Disclosure Category ~ 2. > > ' .Interests ~~~ in real ro ert located with the Citv or within two miles of the boundaries of the Citv or within two miles of any land owned or used b the City C. Disclosure Category 3. tke-~i~ Investments and business positions in business entities and income including loans lifts, and travel payments from sources that provide services supplies materials machinery, or equipment of the type utilized by the City D. Disclosure Cate~ory 4 Investments and business positions in business entities and income mcludma loans, gifts, and travel payments, from sources, that provide services, sup lies, materials, machinery or equipment of the type utilized by the department or division to which the desi nated em to ee is asst ned dunes. E. Disclosure Cate ory 5 Investments and business positions in business entities and income mcludm~ loans gifts and travel payments from sources that filed a claim against the City durm~ the previous two years or have a claim pending F. Disclosure Cate o 6. Investments and business ositions in business entities and income including loans lifts, and travel payments from sources that are of the type to request an entitlement to use City property or facilities Sect= Section 2.24.060 of Chapter 2.24 of the Dublin Municipal Code is hereby amended to read as follows, with deletions indicated in strikethrough and additions indicated in underline: 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, 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 market value of the investment or the interest in real property exceeds e~two thousand dollars ($-X2,000), 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 personal income is required to be reported, this statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars ($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 ($1000) or less, greater than one thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred 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 interest 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 of a sole proprietorship, 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 the calendar year. D. Contents of Business Position Reports. When business positions are required to be reported, persons holding designated 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 position with the business entity. Section 4. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 6. Posting. 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 this day of 2008. AYES: NOES: ABSENT: `~~,~~ ABSTAIN: Janet Lockhart, Mayor ATTEST: Caroline Soto, City Clerk 1150016v1 1150016.2