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HomeMy WebLinkAboutOrd 46-08 Muni Code Conflict of IntORDINANCE N0.46-08 AN ORDINANCE OF THE CITY COUNCIL 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: Section 1. Section 2.24.020 of Chapter 2.24 of the Dublin Municipal Code is hereby amended to read as follows: Section 2.24.020 Designated Positions. The positions listed below are designated positions. Officers and employees holding 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 or Assistant City Attorney 1 Assistant City Manager 1 City Clerk 3 Building Official 1 City Engineer 1 Community Development Director 1 Economic Development Director 1 Planning Manager _ 1 Public Works Director 1 Finance Manager 1 Information Services Manager 3 Parks & Community Services Director 1 Assistant Director of Parks & Community Services 2,3 Parks & Community Services Manager 2,3 Parks & Facilities Development Manager 2,3 Heritage and Cultural Arts Manager 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: Page 1 of 4 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: 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. Disclosure Category 1. Interests in real property located within .the City or within two miles of the boundaries of the City or within two miles of any land owned or used by the City; and investments and business positions in business entities, and income, including loans, gifts, and travel payments. B. Disclosure Category 2. Interests in real property located within the City or within two miles of the boundaries of the City or within two miles of any land owned or used by the City. C. Disclosure Category 3. Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or equipment of the type utilized by the City. D. Disclosure Category 4. Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies,. materials, machinery, or equipment of the type utilized by the department or division to which the designated employee is assigned duties. E. Disclosure Category 5. Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that filed a claim against the City during the previous two years, or have a claim pending. F. Disclosure Category 6. Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that are of the type to request an entitlement to use City property. or facilities. Section 3. Section 2.24.060 of Chapter 2.24 of the Dublin Municipal Code is hereby amended to read as follows: 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; Page 2 of 4 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 two thousand dollars ($2,000), 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 xata 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. Page 3 of 4 PASSED, APPROVED AND ADOPTED this 16th day of December, 2008, by the following vote: AYES: Councilmembers Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ,G+~-~- Mayor ATTEST: ~P City Clerk Ord No. 46-08, Adopted 12-16-08, Item 4.2 Page 4 of 4