HomeMy WebLinkAbout4.7 Conflict of Interest or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File # 640-40
DATE: December 2, 2014
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Adoption of Ordinance Amending Chapter 2.24 of the Dublin Municipal Code
Pertaining to the City's Conflict of Interest Code
Prepared by John D. Bakker, City Attorney
EXECUTIVE SUMMARY:
The City Council will consider adoption of an ordinance amending the City of Dublin Conflict of
Interest Code.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council waive the reading and adopt the Ordinance Amending
Dublin Municipal Code Chapter 2.24, Pertaining to the City's Conflict of Interest Code.
Reviewed By
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 Code designates the employment positions in the City that are
required to file statements of economic interests under the Act. The City's Conflict of Interest
Code is located in Chapter 2.24 of the Municipal Code. The last amendments to the City's Code
were adopted on December 18, 2012.
On September 16, 2014, 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
revising the City's existing Conflict of Interest Code to include the changes described below. In
accordance with this direction, City Staff prepared revisions to the Conflict of Interest Code.
Page 1 of 2 ITEM NO. 4.7
On November 18, 2014, staff presented, and the City Council introduced an ordinance that
would make the following changes to Chapter 2.24:
Section 2.24.020 of the Conflict of Interest Code entitled, "Designated Positions" would be
amended to:
Add four City positions that were added to the classification system since the 2012 Code
Update and that have been determined by Staff to "make or participate in the making of
governmental decisions"
a. Assistant Director of Administrative Services/Budget,
b. Budget Manager,
c. Public Works Director/Assistant City Engineer, and
d. Special Projects Manager
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.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required.
ATTACHMENTS: 1. Ordinance Amending Dublin Municipal Code Chapter 2.24,
Pertaining to the City's Conflict of Interest Code
Page 2 of 2
ORDINANCE NO. xx - 14
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 16, 2014 City Council meeting, City staff informed the
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 1
Administrative Services/Budget
Assistant Director of Community 1
Development
Assistant Director of Parks and 273
Community Services
Assistant Public Works 1
Director/City Engineer
Budget Manager 273
Chief Building Official 1
City Clerk/Records Manager 3
City Engineer 1
Community Development Director 1
Economic Development 1
Reso No.XX-14,Adopted XX/XX/XX, Item x.x Pagel of 3
Director/Public Information Officer
Finance Manager 1
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
Special Projects Manager 2,3
*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.
PASSED, APPROVED AND ADOPTED this _th day of , 2014.
AYES:
Reso No.XX-14,Adopted XX/XX/XX, Item x.x Page 2 of 3
NOES.
ABSENT:
ABSTAIN:
Tim Sbranti, Mayor
ATTEST:
Caroline Soto, City Clerk
Reso No.XX-14,Adopted XX/XX/XX, Item x.x Page 3 of 3