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HomeMy WebLinkAbout4.09 Review Conflict of Interest STAFF REPORT CITY CLERK File # 640-40 CITY COUNCIL DATE:June 19, 2012 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Notice To Staff to Review Conflict of Interest Code Prepared by Caroline P. Soto, City Clerk EXECUTIVE SUMMARY: The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or if the Code needs amendment. The City Council is the code reviewing body for City agencies, and the City Council must direct Staff to review the City’s Conflict of Interest Code and make a determination by October 1, 2012, if there is a need to amend the Conflict of Interest Code. FINANCIAL IMPACT: None at this time. RECOMMENDATION: Staff recommends that the City Council direct Staff to review the City’s Conflict of Interest Code and take the appropriate action. Submitted By Reviewed By City Clerk Assistant City Manager DESCRIPTION: The Political Reform Act requires every local government agency to review its Conflict of Interest Code (“Code”) biennially to determine if it is accurate or if the Code needs amendment. The last revision to the City’s Code was approved on December 21, 2010. The City Council is the code reviewing body for City agencies, and the City Council must notify Staff to review The City’s Conflict of Interest Code and make a determination, by October 1, 2012, if there is a need to amend the conflict of interest code (See Cal Gov’t Code §§ 82011(c), 87306.5). Staff has included that section as Attachment 1. ITEM NO. 4.9 Page 1 of 2 This Staff Report serves as the City Council’s notice to the City Attorney to consult with Staff and determine, by October 1, 2012, if there is a need to update the City’s Conflict of Interest Code. If, after consultation with Staff, the City Attorney determines that no changes need to be made, the City shall submit a written statement to that effect to the City Council no later than October 1 of the same year. If a notice is filed on October 1, 2012 indicating an amendment is necessary, the amendment must be heard and approved by the City Council by December 30, 2012. The City’s amended code will not be effective until it has been approved by the City Council. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Not applicable. ATTACHMENTS: 1. Cal Gov’t Code §§ 82011 (c), 87306.5 Page 2 of 2 82011Code . " reviewing body" means all of the following: code (a) The commission, with respect to the conflict-of-interest of a state agency other than an agency in the judicial branch of governmentgovernment , or any local agency with jurisdiction in more than one county. (b) The board of supervisors, with respect to the code conflict-of-interest of any county agency other than the board government of supervisors, or any agency of the judicial branch of , government and of any local agency, other than a city agency, with jurisdiction wholly within the county. (c) The city council, with respect to the conflict-of-interest code of any city agency other than the city council. (d) The Attorney General, with respect to the conflict-of-interest code of the commission. (e) The Chief Justice of California or his or her designee, with code respect to the conflict-of-interest of the members of the Judicial Council, Commission on Judicial Performance, and Board of Governors of the State Bar of California. (f) The Board of Governors of the State Bar of California with code respect to the conflict-of-interest of the State Bar of California. (g) The Chief Justice of California, the administrative presiding judges of the courts of appeal, and the presiding judges of superior courts, or their designees, with respect to the conflict-of-interest codegovernment of any agency of the judicial branch of subject to the immediate administrative supervision of that court. (h) The Judicial Council of California, with respect to the code conflict-of-interest of any state agency within the judicial government branch of not included under subdivisions (e), (f), and (g). 873065 .. (a) No later than July 1 of each even-numbered year, the code reviewing body shall direct every local agency which has adopted Code a Conflict of Interest in accordance with this title to review Codecode its Conflict of Interest and, if a change in its is necessitated by changed circumstances, submit an amended Conflict of Code Interest in accordance with subdivision (a) of Section 87302 and code Section 87303 to the reviewing body. codecode (b) Upon review of its , if no change in the is required, the local agency head shall submit a written statement to that code effect to the reviewing body no later than October 1 of the same year.