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HomeMy WebLinkAboutOrd 14-16 Amending Chapter 2.24 of Municipal Code ORDINANCE NO. 14— 16 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, 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 3 Director/Director of Finance Assistant City Attorney 1 Assistant City Manager 1 Assistant to the City Manager 1 Assistant Director of 3 Administrative Services/Budget Assistant Director of Community 1 Development Ord No. 14-16, Adopted 12/06/2016, Item No. 4.10 Page 1 of 3 Assistant Director of Parks & 2,3 Community Services 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 1 Reg. sect. 18700.3 Economic Development 1 Director/Public Information Officer Environmental Coordinator 1 Heritage and Cultural Arts 1 Manager Housing Specialist 1 Human Resources Director 3 Information Services Manager 3 Parks & Community Services 1 Director 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 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.) Ord No. 14-16, Adopted 12/06/2016, Item No. 4.10 Page 2 of 3 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 within 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 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 6th day of December 2016 by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg and Mayor Haubert NOES: ABSENT: ABSTAIN: Mayor ATTEST: pcpti47 ity Clerk Ord No. 14-16, Adopted 12/06/2016, Item No. 4.10 Page 3 of 3