HomeMy WebLinkAbout4.08 Conflict of Interest Code Grand Jury 4
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 28, 1989
SUBJECT Response to Final Report of the 1988-89 Alameda
County Grand Jury
EXHIBITS ATTACHED,, : ' o Draft Resolution
'o Memorandum from Assistant City Attorney dated
'r July 13, 1989
RECOMMENDATION Adopt Resolution
FINANCIAL STATEMENT: None
DESCRIPTION On June 23, 1989, - the City received a letter from the
County of Alameda Grand Jury requesting a response from the City regarding
the Grand Jury' s recommendations .
In accordance with law, the City is required to respond to the Grand Jury
Presiding Judge within 90 days from the date of the Grand Jury's Report.
The Grand Jury has recommended that all agencies within the County require
newly elected officials and newly designated employees to attend
professional workshops which set forth the intent and requirements of the
Political Reform Act of 1974 and the agency' s Conflict of Interest Code
within 6 months of assuming the position with an annual update. The Grand
Jury also recommends that all agencies require elected officials to receive
training on the intent and the provisions of the Brown Act within 6 months
of assuming office with an annual update.
The Assistant City Attorney has prepared a draft resolution which would
provide for the City Clerk and the City Attorney to provide training and
annual updates on the Fair Political Reform Act, the City's Conflict of
Interest Code and the Brown Act.
It is Staff' s recommendation that the City Council consider the proposed
policy and direct Staff to respond to the Grand Jury's Report by forwarding
a copy of the adopted Resolution to the Grand Jury.
COPIES TO:
ITEM NO. °{
= RESOLUTION NO. - 89 - "
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************************
RELATED TO
ALAMEDA COUNTY GRAND JURY RECOMMENDATIONS
WHEREAS, the Alameda County Grand Jury has adopted recommendations
89-53 and 89-54 as follows:
"89-53 That all agencies require newly elected officials and newly
designated employees to attend professional workshops which set forth the
intent and requirements of the Political Reform Act of 1974 and the
agency's Conflict of Interest Code within six months of assuming the
position, with an annual update. "
"89-54 That all agencies require elected officials to receive
training on the intent and provisions of the Brown Act within six months
of assuming office, with an annual update."
NOW, THEREFORE, BE IT RESOLVED that in order to endeavor to comply
with these recommendations, the City Council adopts the following policy:
1 ) Recommendation 85-53
a) Newly elected officials and newly designated employees are
encouraged to attend professional workshops regarding the
Political Reform Act of 1974;
b) The City Clerk shall notify such officials and employees of
workshops provided by the Fair Political Practices Commission
(FPPC) ;
c) The City Clerk shall meet with such officials and employees
within six months of assuming the position to review the City's
Conflict of Interest Code; and
d) At its first meeting in March of each year, the City Clerk
shall provide an update on the Political Reform Act of 1974 and
the City's Conflict of Interest Code.
2) Recommendation 89-54
a) The City Attorney shall provide training to newly-elected
Councilmembers on the Brown Act within six months of assuming
office; and
b) At its first meeting in March of each year, the City Attorney
shall provide an update on the Brown Act to the City Council,
which shall thereafter be distributed to all boards and
commissions.
PASSED, APPROVED AND ADOPTED this 28th day of August, 1989.
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
P
MEYERS, NAVE, RIBACK 64 WEST
MICHAEL R.NAVE A PROFESSIONAL LAW CORPORATION PENINSULA OFFICE
STEVEN R.1AEYERS
NATALIE E.'NEST GATEWAY PLAZA 1220 HOWARD AVE.,SUITE 250
ELIZABETH H.SILVER 777 DAVIS STREET,SUITE 300 BURLIN14151 CA 94010-4211
MICHAEL S.P.IBACK SAN LEANDRO,CALIFORNIA 94577 (415)348-7130
MOLLY T.TAM! (415)351-4300 FAX(415)342-0886
ANNE E.MUDGE FAX(415)351-4481 MARIN OFFICE
MICHAEL F.RODRIOUEZ
1202 GRANT AVE.,SUITE E
OF COUNSEL
NOVATO,CA 94945
THOMAS F.BERTRAND
(415)892-8878
San EPLLegndro
MEMORANDUM
TO: Richard Ambrose
City Manager
FROM: Elizabeth H. Silver P, E C E J V E D
Assistant City Attorney
DATE: July 13 , 1989
JUL 13 1989
C•?-t;'! E ni)BLIN
SUBJECT: Grand Jury Recommendations
89-53 and 89-54
You have asked for our opinion regarding the implementation
of the above-referenced grand jury recommendations.
"89-53 That all agencies require newly elected
officials and newly designated employees to attend
professional workshops which set forth the intent and
requirements of the Political Reform Act of 1974 and the
agency' s Conflict of Interest Code within six months of
assuming the position, with an annual update. "
"89-54 That all agencies require elected officials to
receive training on the intent and provisions of the
Brown Act within six months of assuming office, with an
annual updating. "
Although the City is under no legal duty to comply with these
recommendations, it is our personal opinion that these recommenda-
tions are sound and should be followed by the City to the degree
possible. There is considerable uncertainty regarding the duties
of designated officials under the Political . Reform Act and
formalized training sessions would be beneficial. The FPPC
sponsors annual training sessions open to all designated officials
and employees; the City Clerk should notify all designated
officials and employees of these training sessions and attendance
should be encouraged.
Both recommendations can be implemented by a Council
resolution, such as the enclosed draft resolution. This approach
would require that the City Clerk calendar these obligations on an
annual basis and as new officials and employees assume office. If
adopted, this resolution should be sent to Judge Ballachey.
Please let me know if you need further assistance.
• Elizabeth H. Silver
Assistant City Attorney
Enclosure
EHS:dlg
cc: Mike Nave