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HomeMy WebLinkAboutItem 4.11 - 3232 COI Review (2) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: June 2, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Notice of Review of Conflict of Interest Code Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or if the Code needs amending. The City Council is the code reviewing body for City agencies, and the City Council must direct Staff to review the City’s Conflict of Interest Code and make a determination by October 1, 2020, if there is a need to amend the Conflict of Interest Code. STAFF RECOMMENDATION: Direct Staff to review the City’s Conflict of Interest Code and take the appropriate action. FINANCIAL IMPACT: None. DESCRIPTION: The Political Reform Act requires every local government agency to review its Conflict of Interest Code (“Code”) biennially to determine if it is accurate or if the Code needs amendment. The last revision to the City’s Code was approved on October 2, 2018. The City Council is the code reviewing body for City agencies, and the City Council must notify Staff to review the City’s Conflict of Interest Code and make a determination, by October 1, 2020, if there is a need to amend the conflict of interest code (See Cal Gov’t Code §§ 82011(c), 87306.5). Staff has included that section as Attachment 1. This Staff Report serves as the City Council’s notice to the City Attorney to consult with Staff and determine, by October 1, 2020, if there is a need to update the City’s Conflict of Interest Code. If, after consultation with Staff, the City Attorney determines Page 2 of 2 that no changes need to be made, the City shall submit a written statement to that effect to the City Council no later than October 1 of the same year. If a notice is filed by October 1, 2020 indicating an amendment is necessary, the amendment must be heard and approved by the City Council within 90 days. The City’s amended code will not be effective until it has been approved by the City Council. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. California Government Code Sections 82011 and 87306.5 California Government Code Sections 82011 and 87306.5 82011. “Code reviewing body” means all of the following: (a) The commission, with respect to the conflict-of-interest code of a state agency other than an agency in the judicial branch of government, or any local government agency with jurisdiction in more than one county. (b) The board of supervisors, with respect to the conflict-of-interest code of any county agency other than the board of supervisors, or any agency of the judicial branch of government, and of any local government agency, other than a city agency, with jurisdiction wholly within the county. (c) The city council, with respect to the conflict-of-interest code of any city agency other than the city council. (d) The Attorney General, with respect to the conflict-of-interest code of the commission. (e) The Chief Justice of California or his or her designee, with respect to the conflict-of-interest code of the members of the Judicial Council, Commission on Judicial Performance, and Board of Governors of the State Bar of California. (f) The Board of Governors of the State Bar of California with respect to the conflict-of-interest code of the State Bar of California. (g) The Chief Justice of California, the administrative presiding judges of the courts of appeal, and the presiding judges of superior courts, or their designees, with respect to the conflict-of- interest code of any agency of the judicial branch of government subject to the immediate administrative supervision of that court. (h) The Judicial Council of California, with respect to the conflict-of-interest code of any state agency within the judicial branch of government not included under subdivisions (e), (f), and (g). 87306.5. (a) No later than July 1 of each even-numbered year, the code reviewing body shall direct every local agency which has adopted a Conflict of Interest Code in accordance with this title to review its Conflict of Interest Code and, if a change in its code is necessitated by changed circumstances, submit an amended Conflict of Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303 to the code reviewing body. (b) Upon review of its code, if no change in the code is required, the local agency head shall submit a written statement to that effect to the code reviewing body no later than October 1 of the same year.