HomeMy WebLinkAboutItem 4.5 - 3370 COI Update (2)
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STAFF REPORT
CITY COUNCIL
DATE: September 15, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Ordinance Amending Chapter 2.24 of the Dublin Municipal Code
Pertaining to the City’s Conflict of Interest Code
Prepared by: Jordyn Bishop, City Attorney's Office
EXECUTIVE SUMMARY:
At the June 2, 2020 meeting, the City Council directed 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 conducted a thorough review of the Conflict of
Interest Code and determined that several positions should be added or deleted. The
City Council will consider introducing the Ordinance to update the Conflict of Interest
Code.
STAFF RECOMMENDATION:
Waive the reading and INTRODUCE an Ordinance Amending Chapter 2.24 of the
Dublin Municipal Code Relating to the City's Conflict of Interest Code, and direct Staff to
file the 2020 Local Agency Biennial Notice with the Fair Political Practice Commission
(“FPPC”).
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Political Reform Act prohibits certain public officials 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 Cal. Gov’t Code § 87306.5). The
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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 in September 2018.
The City Council is the code reviewing body for City agencies. Pursuant to Government
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, Staff 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 titled, “Designated
Positions,” to add five 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. City Clerk (disclosure category 3)
b. Communications Manager (disclosure category 1)
c. Human Resources Manager (disclosure category 3)
d. Economic Development Director (disclosure category 1)
e. Finance Analyst (disclosure category 1)
2. Amend Section 2.24.020 of the Conflict of Interest Code titled, “Designated
Positions,” to delete one City position that has been eliminated.
a. Senior Plan Checker (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).
Staff recommends that the City Council waive the reading and introduce the ordinance
amending the Conflict of Interest Code consistent with the changes described above,
and direct staff to file the 2020 Local Agency Biennial Notice with the FPPC.
STRATEGIC PLAN INITIATIVE:
None.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the
City's Conflict of Interest Code
2. 2020 Local Agency Biennial Notice
3. California Government Code 82011(c), 87306.5
ORDINANCE NO. XX-20
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 3
City Clerk/Records Manager 3
City Engineer 1
Code Enforcement Officer 1
Communications Manager 1
Community Development Director 1
“Consultant”* as defined in FPPC
Reg. sect. 18700.3
1
Deputy City Clerk 3
Economic Development Director 1
PASSED, APPROVED AND ADOPTED this 6th day of October 2020 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
City Clerk
__________________________________________ _________________________
2020 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to
help ensure public trust in government. The biennial review examines current programs to
ensure that the agency’s code includes disclosure by those agency officials who make or
participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
❑An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or
participate in making governmental decisions
Other (describe)
❑The code is currently under review by the code reviewing body.
❑No amendment is required. (If your code is over five years old, amendments may be
necessary.)
Verification (to be completed if no amendment is required)
This agency’s code accurately designates all positions that make or participate in the maki ng of governmental
decisions. The disclosure assigned to those positions accurately requires that all investments, business
positions, interests in real property, and sources of income that may foreseeably be affected materially by the
decisions made by those holding designated positions are reported. The code includes all other provisions
required by Government Code Section 87302.
Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or
amended. Please return this notice no later than October 1, 2020, or by the date specified by your agency, if
earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fppc.ca.gov
FPPC Advice: advice@fppc.ca.gov (866.275.3772)
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Economic Development
Director/Public Information Officer
1
Environmental Coordinator 1
Finance Analyst 1
Heritage and Cultural Arts
Manager
1
Housing Specialist 1
Human Resources Director 3
Human Resources Manager 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 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 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.
Code:Select Code Section:1 or 2 or 1001 Search
TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. )
CHAPTER 7. Conflicts of Interest [87100 - 87505] ( Chapter 7 added June 4, 1974, by initiative Proposition 9. )
87306.5.
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GOVERNMENT CODE - GOV
ARTICLE 3. Conflict of Interest Codes [87300 - 87314] ( Article 3 added June 4, 1974, by initiative Proposition 9. )
(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.
(Added by Stats. 1990, Ch. 1075, Sec. 5.)
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