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Home My WebLink About6.3 Conflict of Interest Amend STAFF REPORT CITY CLERK File #640-40 CITY COUNCIL DATE:December 4, 2012 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: PUBLIC HEARING - Introduction of Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code Prepared by Stephen Muzio, Assistant City Attorney EXECUTIVE SUMMARY: The City Council will consider an ordinance amending the City of Dublin’s Conflict of Interest Code to include or remove designated positions that are required to adhere to the City’s Conflict of Interest Code. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, deliberate, waive the reading and introduce an Ordinance amending Dublin Municipal Code Chapter 2.24, pertaining to the City’s Conflict of Interest Code. Submitted By Reviewed By City Attorney Assistant City Manager 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). The City’s Conflict of Interest Code (Chapter 2.24 of the Municipal Code) was last amended on December 21, 2010. The City Council is the code reviewing body for City agencies. Pursuant to Government Code Section 87306.5, city departments must determine whether amendments to the Code are necessary and notify the City Council of its determinations. (See Cal. Gov’t Code § 87306.5). On September 18, 2012, upon receipt of a Staff Report describing the necessary amendments to the City’s Conflict of Interest Code, the City Council directed staff to draft an ordinance ITEM NO. 6.3 Page 1 of 2 revising the City’s existing Conflict of Interest Code to include the changes described below. In accordance with this direction, City Staff has prepared the following revisions: Section 2.24.020 of the Conflict of Interest Code, entitled “Designated Positions,” would be amended (amendments are underlined) to: 1) modify existing entries in the Code to reflect the official job titles used in the City’s personnel classification system (“Chief Building Official,” “City Clerk/Records Manager,” “Economic Development Director/Public Information Officer,” and “Information Systems Manager); 2) remove a position that has been removed from the City’s personnel classification system (“Planning Director”); and 3) add three City positions (“Assistant Director of Community Development,” “Plan Check Engineer,” and “Public Works Transportation and Operations Manager”) that were added to the City’s personnel classification system since the 2010 Code Update and that have been determined by Staff to “make or participate in the making of governmental decisions” The determination that the new positions require City employees to 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 the job descriptions of current management positions with the City. These positions have been assigned the appropriate disclosure category, in light of the scope of their duties. Although the Public Works Transportation and Operations Manager position is currently unfilled, it may be filled at some point in the future, and has thus been added to the Conflict of Interest Code to ensure compliance with State law. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENTS: 1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code Page 2 of 2 ORDINANCE NO. __- 12 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 , at the September 21, 2012 City Council meeting, City staff informed the City Council that amendments to the City’s Conflict of Interest Code are necessary to accurately reflect all of the designated positions within the City which are required by state law to disclose financial interests, and to include appropriate disclosure categories for each of the designated positions. 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. Designated Position Disclosure Category Assistant City Attorney 1 Assistant City Manager 1 Assistant to the City Manager 1 Assistant Director of Community 1 Development Assistant Director of Parks and 2,3 Community Services Chief Building Official 1 City Clerk/Records Manager 3 City Engineer 1 Community Development Director 1 Economic Development 1 Director/Public Information Officer Finance Manager 1 Page 1 of 3 Ord. No. XX-12, Adopted XX-XX-XX, Item 6.3 Heritage and Cultural Arts 1 Manager Human Resources Director 3 Information Systems Manager 3 Parks and Community Services 1 Director Parks and Community Services 2,3 Manager Parks and Facilities Development 2,3 Manager Plan Check Engineer 1 Planning Manager 1 Principal Planner 1 Public Works Director/Assistant 1 City Engineer Public Works Manager 1 Public Works Transportation and 1 Operations Manager *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. 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 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. 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 2 of 3 Ord. No. XX-12, Adopted XX-XX-XX, Item 6.3 PASSED, APPROVED AND ADOPTED this _____ day of ___________, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _____________________________ City Clerk Page 3 of 3 Ord. No. XX-12, Adopted XX-XX-XX, Item 6.3