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HomeMy WebLinkAboutItem 4.8 - 2207 Conflict of Interest Update Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: October 2, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code Prepared by: Lauren Quint, Assistant City Attorney EXECUTIVE SUMMARY: At the June 5, 2018 meeting, the City Council directed the City Attorney to review the City’s Conflict of Interest Code and make a determination by October 1, 2018 if there is a need to amend the Conflict of interest Code. The City Attorney has conducted a thorough review of the Conflict of Interest Code and determined that several positions should be added or deleted. An Ordinance was introduced on September 18, 2018 and is now ready for adoption. STAFF RECOMMENDATION: Waive the reading, and adopt an Ordinance Amending the City’s Conflict of Interest Code. FINANCIAL IMPACT: N/A DESCRIPTION: The Political Reform Act prohibits certain public officials from being in volved 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 Cal. Gov’t 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 Page 2 of 3 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 November 15, 2016. The City Council is the code reviewing body for City agencies. Pursuant to Gove rnment Code Section 87306.5, City departments must determine whether amendments to the Code are necessary and notify the City Council whether or not such amendments are required. (See Cal. Gov't Code §§ 82011(c), 87306.5). Based on previous direction from the City Council and the requirements of the Political Reform Act, the City Attorney has completed a thorough review of the Conflict of Interest Code, the job specifications for all City employment positions, as well as the FPPC regulations governing the update process and recommends the following changes to Chapter 2.24. 1. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Designated Positions,” to add six City positions that have been determined by Staff to “make or participate in the making of governmental decisions.” These positions (and accompanying disclosure categories) are: a. Deputy City Clerk (disclosure category 3) b. Senior Public Works Inspector (disclosure category 1) c. Recreation Manager (disclosure category 3) d. Public Works Maintenance Superintendent (disclosure category 1) e. Special Projects Manager (disclosure category 1) f. Capital Improvement Program (CIP) Manager (disclosure category 1) 2. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Design ated Positions,” to delete two City positions that have been eliminated. a. Planning Manager (deleted via Resolution No. 57-18) b. Senior Building Inspector (deleted via Resolution No. 47-12) The City’s amended code will not be effective until it has been adopted by the City Council. (See Cal. Gov.’t Code § 87303). The Council introduced the ordinance at the September 18, 2018 Council meeting. Staff now recommends that the City Council waive the reading and adopt the Ordinance amending the Conflict of Interest Code consistent with the changes described above, and direct staff to file the 2019 Local Agency Biennial Notice with the FPPC. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A Page 3 of 3 ATTACHMENTS: 1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Co de ORDINANCE NO. __-18 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 2.24.020 is amended to read as follows: 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 Capital Improvement Program (CIP) Manager 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 Deputy City Clerk 3 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 Principal Planner 1 Public Works Director/Assistant City Engineer 1 Public Works Manager 1 Public Works Maintenance Superintendent 1 Public Works Transportation and Operations Manager 1 Recreation Manager 3 Recreation Supervisor 2,3 Senior Management Analyst 3 Senior Civil Engineer 1 Senior Code Enforcement Officer 1 Senior Management Analyst 3 Senior Plan Checker 1 Senior Planner 1 Special Projects Manager 1 Senior Public Works Inspector 1 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 ta ke 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 2nd day of October 2018. AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _____________________________ Caroline Soto, City Clerk 3063318.1