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HomeMy WebLinkAboutItem 9.1 Conflict of Interest Code CITY OF DUBLIN AGENDA STATEMENT Meeting Date: June 14, 1982 SUBJECT: Conflict of Interest Code EXHIBITS ATTAHCED: Memorandum from City Attorney dated May 13, 1982; Ordinance RECOMMENDATION: Waive reading and introduce FINANCIAL STATEMENT: None DESCRIPTION: Attached is a memorandum from the City Attorney explaining the need for the City to adopt a Conflict of Interest Code. Copies To: TTFM Nn_ THE CITY OF DUBLIN P.O.Box 2340 Dublin,CA 94566 (415) 829-3543 TO: Councilmembers FROM: City Attorney DATE: May 13 , 1982 RE: CONFLICT OF INTEREST CODE The Political Reform Act of 1974 (Government Code Section 81000, et seq. ) requires all local governmental agencies to formulate and adopt conflict of interest codes (Government Code Section 87300 , et seq.) . The codes are to be formulated at the most decentralized level possible, Government Code Section 87301. Each code is to contain a specific enumeration of the positions within the agency which involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest. Government Code Section 87302 (a) . The specific types of investments, interests in real property, and sources of income which are reportable are to be designated for each enumerated position. The act specifies that investments, interests in real property, or sources of income are reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee. The code shall also contain a requirement for filing statements (i .e. , initial statements and annual statements. Government Code Section 87302 (b) . Finally, the code shall contain a provision for disqualification when the designated employee has a financial interest (as defined in Section 87103) which it is reasonably foreseeable may be affected materially by the decision. Government Code Section 87302 (a) . Article 2 of the Political Reform Act provides for { the required disclosure by the major, councilmembers, the city manager and planning commission members . Government Code Section 87200 . There is thus no requirement for a separate conflict of interest code for the persons holding these offices or positions. A conflict of interest code should be adopted for the planning director and consultants, which would include the city attorney . As additional personnel are hired, their positions can be added to the conflict of interest code pursuant to May 13, 1982 0 Page -2- Government Code Section 87306, as needed. Attached is a pro- posed conflict of interest code which can be used as a starting point in developing one for the planning director and consultants. The code, once adopted, must be approved by the code-reviewing body (Government Code Section 87303) which, for any city agency other than the City Council, is the city council. Government Code Section 82011 (c) . The act requires that the conflict of interest code be submitted to the code-reviewing body within six months after Dublin became a city. The code-reviewing body has 90 days within which to act on the proposed code. Very truly yours, THE CITY OF DUBLIN Michael R. Nave City Attorney MRN:1 Attachement 1 4 n' ORDINANCE NO. CONFLICT OF INTEREST CODE FOR THE ADMINISTRATIVE STAFF OF THE CITY OF DUBLIN Section 1. PURPOSE. Pursuant to the provisions of Government Code Sections 87300, et seq. , the City Manager of the City of Dublin, on behalf of the administrative staff of the City and all con- sultants, hereby adopts the following Conflict of Interest Code. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Government Code Section 81000, et seq. ) . The provisions of this Code are additional to Government Code Section 87100 and other laws pertaining to con- flicts of interest, including but not limited to Government Code Sectio 1090, et seq. . The provisions of the Political Reform Act of 1974 and administrative regulations promulgated under authority of said Act by the Fair Political Practices Commission shall govern over any inconsistent provisions of this Code. Except as otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are incorporated herein and this Code shall be interpreted in a manner consistent therewith. Section 2. DESIGNATED POSITIONS. The positions listed in Appendix A are designated positions. Officers and employees holding those positions are designated employees and, for 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. Section 3. DISCLOSURE STATEMENTS. Designated positions shall be assigned to one or more disclosure categories set forth in Appendix B. Said dis- closure categories shall be specifically described as set forth in Appendix B. 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 position is assigned at the time, place and in the manner as hereinafter provided. Section 4. PLACE OF FILING. All disclosure statements required by this Code shall be filed with the City Clerk. Section 5. TIME OF FILING. (a) An official or employee holding a designated position shall submit an initial statement within thirty (30) days after the effective date of this Code. The initial state- ment shall disclose reportable investments and interests in real property. (b) Officers and employees who are appointed, promoted or transferred to designated positions shall file an initial statement disclosing reportable investments, interests in real property and positions of management within thirty (30) days after the effective date of such appointment, promotion or transfer to a designated position. (c) Officers and employees holding designated positions shall file an annual statement no later than April 1st of the next succeeding year. Such annual statements shall cover the period of the preceding calendar year. The annual statement shall disclose such reportable investments, interests in real property, sources of income, and positions of management as may be applicable. (d) An employee or officer holding a designated position who leaves such designated position voluntarily or in- voluntarily shall file, within thirty (30) days thereof, a leaving office statement. Such statement shall disclose reportable in- vestments, interests in real property, income and positions of management held or received at any time during the period since the closing date of the previously filed annual statement. Section 6. CONTENTS OF DISCLOSURE STATEMENTS. Disclosure statements shall be made on the forms supplied by the City Clerk of the City of Dublin and shall con- tain 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 in- vestment or interest in real property. -2- 1 1 0 (2) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged. (3) The address or other precise location . of the real property. (4) A statement whether the fair market value pf the investment or the interest in real property exceeds One Thousand Dollars ($1, 000. 00) , but does not exceed Ten Thousand Dollars ($10, 000. 00) , whether it exceeds Ten Thousand Dollars but does not exceed One Hundred Thousand Dollars ($100, 000. 00) , or whether it exceeds One Hundred Thousand Dollars ($100,000. 00) . 5) For purposes of disclosure under this Code, "interest in real property" does not in- clude the principal residence of the filer. (b) Contents of Income Reports: (1) When personal income or a source of per- sonal income is required to be reported, this statement shall contain: (i) The name and address of each source of income aggregating Two Hundred Fifty Dollars ($250. 00) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; (ii) 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 at least Two Hundred Fifty Dollars ($250. 00) , but did not exceed One Thousand Dollars ($1, 000. 00) , whether it was in excess of One Thousand Dollars ($1, 000. 00) , or whether it was greater than Ten Thousand Dollars ($10, 000. 00) ; (iii) A description of the consideration, if any, for which the income was received by the filer; (iv) In the case of a gift, the amount and date on which the gift was received; (v) In the case of a loan, the annual interest rate and the security, if any, given for the loan. -3- 0 (2) When the income of a business entity, including income of a sole proprietorship, is re- quired to be reported by an employee or officer holding a designated position, the statement shall contain: (i) The name and address and general description of the business activity of the business entity; (ii) In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity if the filer' s prorata share of fees from such person was equal to or greater than One Thousand Dollars ($1, 000. 00) ; (iii) In the case of a busines entity not covered by paragraph (ii) , the name of every person from whom the business entity received payments if the filer' s prorata share of gross receipts from such person was equal to or greater than Ten Thousand Dollars ($10,000. 00) during a calendar year. (c) Contents of Management Position Reports: When management positions are required to be reported, officers and employees holding designated positions shall list the names of each business entity not specified above in which they are a director, officer, partner, trustee or employee, or in which they hold any position of management. Section 7. ACQUISITION OR DISPOSAL DURING REPORTING PERIOD. In the disclosure statement filed under Section 5(c) and (d) , if an investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the date of such acquisition or disposal shall be re- ported. Section 8. DISQUALIFICATION. (a) Officers and employees holding designated positions must disqualify themselves from making, participating in the making, or using their official position to influence the making of any decision in which they have a reportable financial interest when it is reasonably foreseeable that such interest might materially be affected by the decision. No such officer or employee shall be required to disqualify himself with respect -4- to any matter which could not be legally acted upon without his participation. (b) Notwithstanding the designation of employees and positions herein, no official or employee of the City shall make or participate in the making of a decision to or not to license, inspect, permit, contract, cite or investigate any business or property with which such official or employee has a financial interest. For the purpose of this subsection, financial interest shall have the meaning ascribed to it by • Section 87103 of the Government Code. Section 9. MANNER OF DISQUALIFICATION. An officer or employee holding a designated position required to disqualify himself by the provisions of this Code shall notify the City Manager in writing. The City Manager shall foward such notification to the City Clerk for filing. Section 10. INFORMATION. Copies of the Political Reform Act of 1974 and administrative regulations adopted pursuant thereto shall be maintained on file and available for inspection in the office of the City Manager. Section 11. EFFECTIVE DATE. This Conflict of Interest Code shall be effective thirty (30) days after approval by the City Council. -5- • APPENDIX A Designated Positions Disclosure Category CITY MANAGER 1 CITY ATTORNEY 2 PLANNING DIRECTOR 3, 4 APPENDIX B Disclosure Category 1 - No additional disclosure requirements are imposed by this Conflict of Interest Code by virtue of Sections 87200 and 27302 (b) of the Government Code. Nothwithstanding the foregoing, the provisions of Section 8 of this Code relating to disqualification are applicable. Disclosure Category 2 - Investments in business entities which are located within, or do business, plan to do business, or have done business during the preceding two-year period within the City of Dublin. Interests in real property located in whole or in part within the City of Dublin. Sources of income as defined by the Political Reform Act of 1974, as amended. Positions of Management with business entities not otherwise reported as investments, interests in real property or sources of income, which are located within, plan to do business, do business, or have done business during the preceding two years within the City of Dublin. Disclosure Category 3 - Investments in and management positions held in business entities, and sources of income which: (1) have interests in real property located in whole or in part within the City of Dublin; (2) do business, plan to do business, or have done business during the preceding two-year period within the City of Dublin and which engage in architectural, planning, engineering, construction, building, real estate development or a related field. (Management positions need only be reported if the business entity has not otherwise been reported as an investment, source of income or interest in real property. ) Disclosure Category 4 - Interests in real property which are located in whole or in part within the City of Dublin. is