HomeMy WebLinkAboutItem 4.10 - 1246 COI Update 2nd Rdg
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STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
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. This is the second reading of this ordinance.
STAFF RECOMMENDATION:
Waive the reading and adopt the Ordinance Amending Chapter 2.24 of the Dublin
Municipal Code Relating to the City’s Conflict of Interest Code.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Political Reform Act prohibits certain public o fficials from being involved in decision-
making that will have an impact on their private financial interests. In addition, it
requires certain public officials to file a Statement of Economic Interests publicly
disclosing their private financial interests. The Act also makes the City responsible for
adopting a Conflict of Interest Code identifying those positions that must file Statements
of Economic Interest.
The Act requires the City to review its Conflict of Interest Code biennially to determine
whether amendments to the Code are required. (See Gov. Code, § 87306.5). The City’s
Conflict of Interest Code is located in Chapter 2.24 of the Municipal Code. The City’s
Code identifies all positions within the City that participate in the making of
governmental decisions. These designated positions are required to disclose certain
financial interests under state law. The last amendments to the City’s Code were
adopted on December 2, 2014.
The City Council is the code reviewing body for City agencies. P ursuant to Government
Code Section 87306.5, City departments must determine whether amendments to the
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Code are necessary and notify the City Council whether or not such amendments are
required. (See Gov. Code, §§ 82011(c), 87306.5.)
On November 15, 2016, Staff presented, and the City Council introduced an ordinance
that would make the following changes to Chapter 2.24:
1. Replace Chapter 2.24 of the Dublin Municipal Code in its entirety with a new
Chapter 2.24 that incorporates by reference the terms and provisions of the Fair
Political Practices Commission’s model Conflict of Interest Code (FPPC Reg., §
18730).
2. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Designated
Positions,” to add twelve City positions that have been determ ined by Staff to
“make or participate in the making of governmental decisions.” These positions
(and the associated disclosure categories) are:
a. Administrative Services Director/Director of Finance (disclosure category
3)
b. Associate Civil Engineer (disclosure category 1)
c. Code Enforcement Officer (disclosure category 1)
d. Environmental Coordinator (disclosure category 1)
e. Housing Specialist (disclosure category 1)
f. Recreation Supervisor (disclosure category 2, 3)
g. Senior Management Analyst (disclosure category 3)
h. Senior Civil Engineer (disclosure category 1)
i. Senior Code Enforcement Officer (disclosure category 1)
j. Senior Plan Checker (disclosure category 1)
k. Senior Planner (disclosure category 1)
3. Remove from the “Designated Positions” list the City positions that have been
determined by Staff to not “make or participate in the making of governmental
decisions.” These positions are:
a. Budget Manager
b. Finance Manager
c. Parks and Community Services Manager
d. Special Projects Manager
4. Amend the Disclosure Category assigned to the position, Assistant
Administrative Services Director/Budget, from 1 to 3. This position does not
participate in decisions affecting real property and therefore should not be
required to disclose interests in real property under Disclosure Category 1.
5. Amend Section 2.24.030 entitled, Disclosure statements, by deleting Disclosure
Categories 4, 5, and 6. No designated positions are assigned to any of these
three Disclosure Categories.
The City’s amended code will not be effective until it has been adopted by the City
Council. (See Gov. Code § 87303.)
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Staff recommends that the City Council waive the reading and adopt the ordinance
amending the Conflict of Interest Code consistent with the changes described above.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Not required.
ATTACHMENTS:
1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the
City’s Conflict of Interest Code
ORDINANCE NO. __
AN ORDINANCE 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, following review of the code, it was determined that the
amendments contained in this Ordinance were appropriate.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as
follows:
Section 1. Chapter 2.24 of the Dublin Municipal Code is hereby deleted in its entirety
and replaced with a new Chapter 2.24 to read as follows:
2.24.010 Purpose.
Pursuant to the provisions of Government Code Sections 87300, et seq., the following
provisions constitute the Conflict of Interest Code for the City of Dublin. Nothing
contained herein is intended to modify or abridge the provisions of the Political Reform
Act of 1974, as amended (Government Code Section 81000 et seq.). The provisions of
this Code are additional to Government Code Section 87100 et seq., and other laws
pertaining to conflicts of interest.
2.24.015 Incorporation of Model Code.
The terms and provisions of 2 California Code of Regulations Section 18730 and any
amendments to it, duly adopted by the Fair Political Practices Commission, are hereby
incorporated herein by reference.
2.24.020 Designated Positions.
The positions listed in this Section 2.24.020 are designated positions, and this section is
hereby deemed the Appendix referenced in the provisions incorporated section
2.24.015. Officers and employees holding those positions are designated public
officials, and are deemed to make, or participate in the making of, decisions which may
foreseeably have a material financial effect on a financial interest of the designated
public official. Each designated public official shall file an annual statement disclosing
that public official’s interests as required by the disclosure category applicable to that
public official.
Designated Position Disclosure Category
Administrative Services
Director/Director of Finance
3
Assistant City Attorney 1
Assistant City Manager 1
Assistant to the City Manager 1
Assistant Director of
Administrative Services/Budget
3
Assistant Director of Community
Development
1
Assistant Director of Parks &
Community Services
2,3
Associate Civil Engineer 1
Chief Building Official 1
City Clerk/Records Manager 3
City Engineer 1
Code Enforcement Officer 1
Community Development Director 1
“Consultant”* as defined in FPPC
Reg. sect. 18700.3
1
Economic Development
Director/Public Information Officer
1
Environmental Coordinator 1
Heritage and Cultural Arts
Manager
1
Housing Specialist 1
Human Resources Director 3
Information Services Manager 3
Parks & Community Services
Director
1
Plan Check Engineer 1
Planning Manager 1
Principal Planner 1
Public Works Director/Assistant
City Engineer
1
Public Works Manager 1
Public Works Transportation and
Operations Manager
1
Recreation Supervisor 2,3
Senior Management Analyst 3
Senior Building Inspector 1
Senior Civil Engineer 1
Senior Code Enforcement Officer 1
Senior Management Analyst 3
Senior Plan Checker 1
Senior Planner 1
*Consultants/New Positions shall be included in the list of designated employees and
shall disclose pursuant to the terms of the Disclosure Category 1, subject to the
following limitation:
The City Manager may determine in writing that a particular consultant or new position,
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 or
new position’s duties and, based upon that description, a statement of the extent of the
disclosure requirements. The City 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. (Gov. Code Section 81008.)
2.24.030 Disclosure statements.
Designated positions shall be assigned to one (1) or more disclosure categories set
forth in this section. The disclosure categories shall be specifically described as set forth
in this section. 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.
A. Disclosure Category 1. Interests in real property located within the city or wit hin two
(2) miles of the boundaries of the city or within two (2) miles of any land owned or used
by the city; and investments and business positions in business entities, and income,
including loans, gifts, and travel payments.
B. Disclosure Category 2. Interests in real property located within the city or within two
(2) miles of the boundaries of the city or within two (2) miles of any land owned or used
by the city.
C. Disclosure Category 3. Investments and business positions in business entities,
and income, including loans, gifts, and travel payments, from sources that provide
services, supplies, materials, machinery, or equipment of the type utilized by the city.
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 r emaining
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 6th day of December, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
Caroline Soto, City Clerk