HomeMy WebLinkAboutItem 6.1 Conflict of Interest CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 26, 1992
SUBJECT: Ordinance Amending City's Conflict of Interest
Code
Report Prepared by Kay Keck, City Clerk
EXHIBITS ATTACHED: m Memorandum from City Attorney's Office dated
November 19, 1991
■ Draft Ordinance
RECOMMENDATION: ' ) Open Public Hearing
2) Receive Staff Report & Public Testimony
3) Close Public Hearing
4) Deliberate
5) Waive Reading and INTRODUCE Ordinance
FINANCIAL STATEMENT: None
DESCRIPTION: The City's Conflict of Interest Code requires that
no public official at any level of local government shall make,
participate in making or in any way attempt to use his/her official
position to influence a governmental decision in which he/she knows or
has reason to know he/she has a financial interest. Government Code
Section 87306.5 requires local agencies to submit to their code
reviewing body, a biennial report identifying changes in its Conflict
of Interest Code, or a statement that their Code is not in need of
amendment.
The City Clerk and City Attorney's Office have undertaken a review of
the City's Code in light of legislation which was added to the
Political Reform Act in 1990.
A draft Ordinance is being presented with revised disclosure
categories which incorporate corrected code section references and
also which incorporate the latest verbiage.
Several positions are being added to the designated positions list.
These positions will now be required to complete Statements of
Economic Interest. The Fair Political Practices Commission (FPPC) ,
the state agency charged with enforcing the Political Reform Act, also
requires that the position of consultant be listed as a designated
employee. Staff reviewed the filing requirements for a list of 30
consultants. The City Manager may make determinations as to which of
the City's consultants must file economic interest statements. Based
on a review by the City Clerk and the City Attorney's Office, City
positions which are being recommended for addition to the Code
include: Administrative Services/Finance Director; Recreation
Director, and Assistant City Manager. Also, the title City Engineer
will be amended to Public Works Director/City Engineer.
If the amended Ordinance is adopted, it will become effective 30 days
after its adoption. Newly designated positions will be required to
complete initial Statements of Economic Interest (Form 730) within 30
days thereafter. These statements are to be filed with the City
Clerk.
Staff recommends that the City Council conduct a public hearing, waive
the reading and INTRODUCE the Ordinance amending the City's Conflict
of Interest Code.
COPIES TO:
ITEM NO. 64/41 CITY CLERK
FILE l I1c10 no
RECEIVED
�- - • NOV 211991
MEYERS, NAVE, RIBACK & WEST "� '�'�' n) 191_111
MICHAEL R.NAVE A PROFESSIONAL LAW CORPORATION PENINSULA OFFICE
STEVEN R.MEYERS
NATALIE E.WEST GATEWAY PLAZA 1220 HOWARD AVE.,SUITE 250
ELIZABETH H.SILVER 777 DAVIS STREET,SUITE 300 • BURLINGAME,CA 94010-4211
MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577 TELEPHONE:(415)348-7130
FACSIMILE:(415)342-0886
MOLLY T.TAMI TELEPHONE:(510)351-4300
MICHAEL F.RODRIQUEZ FACSIMILE:(510)351-4481 MARIN OFFICE
KATHLEEN FAUBION
FREDERICK S.ETHERIDGE MEMORANDUM 1202 GRANT AVE.,SUITE E
WENDY A.ROBERTS NOVATO,CA 94945
DAVID W.SKINNER TELEPHONE:(415)892-8878
OF COUNSEL San E LY TO.Leandro
ANDREA J.SALTZMAN
TO: Richard Ambrose, City Manager DATE: November 19, 1991
FROM: Elizabeth H. Silver, City Attorney S1
Fred S. Etheridge, Associate Attorney L
RE: Conflict of Interest Code Issues
As you know, the City has adopted a conflict of interest
code, as it is required to do by the Political Reform Act.
(California Government Code S 87300 gt Aga. ) This Memorandum
discusses three issues related to the City's code: Designated
positions; disclosure categories; and consultants.
(1) List Of Designated Positions
A required part of any conflict of interest code is a
listing of the agency's "designated positions. " A designated
position is one which involves the making or participation in the
making of decisions "which may foreseeably have a material effect
on a financial interest. " (Govt. Code S 87302 (a) . )
• The City's conflict of interest code, Dublin Municipal Code
§ 2.24.020, does in fact list the City's designated positions.
However, only the following four positions are listed: City
Manager, City Attorney, City Engineer, and Planning Director. We
recommend updating § 2.24.020 by adding to the list of designated
positions any City position which involves the making or
participation in the making of decisions which may foreseeably
have a material effect on a financial interest. For example, it
would appear that the following positions may meet the test and
should be added to the list of designated positions: the
Assistant City Manager, the Finance Director/Administrative
Services Director, and possibly the Parks and Recreation
Director.1
1 Also, the position of consultants should be added. See
Section (3) of this Memorandum.
TO: Richard Ambrose, Laurence Tong, Lee Thompson
FROM: Elizabeth H. Silver, Fred S. Etheridge
RE: Conflict of Interest Code
DATE: November 19, 1991
PAGE: 2
(2) Disclosure Categories
An agency's conflict of interest code must also set forth
categories of financial interests which employees must disclose.
The Dublin Municipal Code does so, at Table 2.24.030. Because of
recent amendments by the Legislature, we recommend updating the
City's disclosure categories listed in Table 2.24.030 to replace
references to "positions of management" with the new term,
"business positions. " (See amendments to Govt. S 87302,
enclosed. )
(3) Consultants
The Fair Political Practices Commission (FPPC) , the state
agency charged with enforcing the Political Reform Act, requires
that the position of consultant be listed as a designated
employee. However, the issue is confusing because not all .
consultants are deemed "consultants" required to file economic
interest statements.
The FPPC's regulations provide that a "consultant" does not
include a person who:
(A) conducts research and arrives at conclusions with
respect to his or her rendition of information, advice,
recommendation or counsel independent of the control
and direction of the agency or of any agency official,
other than normal contract monitoring; and
(B) possesses no authority with respect to any agency
decision beyond the rendition of information, advice,
recommendation or counsel. (FPPC Reg. 18700(a) (2) . )
Therefore, each City consultant meeting the above test is
not a designated "consultant" for conflict of interest code
purposes and would not need to file an economic interest
statement. However, for any City consultant which does not fit
into the above exception, and which provides to the City, under
contract, any information, advice, recommendation or counsel, an
economic interest statement would have to be filed.
Therefore, we recommend that, first, the City add the
position of "consultant" to its listing of designated positions
in Municipal Code S 2.24.020. Second, the City should review all
• S
TO: Richard Ambrose, Laurence Tong, Lee Thompson
FROM: Elizabeth H. Silver, Fred S. Etheridge
RE: Conflict of Interest Code
DATE: November 19, 1991
PAGE: 3
its consultants and make a written determination as to each
consultant whether that consultant is a "consultant" for purposes
of the Fair Political Practices Act, and if so, what filing
category that consultant should meet. This is a burdensome
requirement, to be sure, but it is what is required of cities
under the Act.
The City Manager may make this determination. (Please see
the enclosed attachment D to the FPPC model conflict of interest
code. ) Note that the City Manager's determination as to
consultants is a matter of public record and must be retained for
public inspection in the same manner and location as the conflict
of interest code is retained.
MEYERS, NAVE, RIBACK & WEST
4111111r
Elizabeth H. Silver
By: Fred S. Etheridge
EHS:FSE:kh
114\MIEMOWIBROSE2.FSE
A ' • •
ORDINANCE NO. - 92
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CERTAIN PROVISIONS
OF THE MUNICIPAL CODE RELATING TO
THE CITY'S CONFLICT OF INTEREST CODE
The City Council of the City of Dublin does ordain as follows:
Section 1. Section 2.24.020 DESIGNATED POSITIONS, TABLE
2.24.020, of the City of Dublin Municipal Code is amended to read
as follows:
Designated Positions Disclosure Category_
City Manager 1
City Attorney 2
Assistant City Manager 2
Planning Director 3, 4
Public Works Director/City Engineer 2
Administrative Services/Finance Director 2
Recreation Director 2
Consultants* 2
(* Those consultants which the City Manager determines
are not "consultants" pursuant to the Fair Political
Practices Commission Regulations are not required to
file economic interest statements. )
Section 2. Section 2.24.030 DISCLOSURE STATEMENTS, TABLE
2.24.030 of the City of Dublin Municipal Code is amended to read
as follows:
Disclosure Category 1 -- No additional disclosure requirements
are imposed by this Conflict of Interest Code by virtue of
Sections 87200 and 87302 (b) of the Government Code.
Notwithstanding the foregoing, the provisions of Section 2.24.089
of this code relating to disqualification are applicable.
Disclosure Category 2 -- Investment 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. Business
positions with business entities not otherwise reported as
investments, interest 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 business 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;
1
• • •
i
(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.
(Business 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. )
Section 3. This Ordinance shall take effect and be in force
30 days following its adoption. 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 by the City Council of the City of
Dublin this day of , 1992, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
City Clerk
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