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Home My WebLink AboutItem 8.4 AB 1234 Ethics Training CITY CLERK File # D~ffilQ]-I9J[5] AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 7,2006 Proposal for Compliance with the Ethics Training Requirement Set Forth in AB 1234 Report Prepared by Elizabeth H. Silver, City Attorney and Joni Pattillo, Assistant City Manager SUBJECT: ATTACHMENTS: None. RECOMMENDATION: (I 1) 2) FINANCIAL STATEMENT: None. DESCRIPTION: 3) Receive staff presentation. Approve ethics training set forth in AB 1234 for the City Council in December 2006 or provide staff with additional direction. Approve the inclusion ofthe Planning Commission, Parks & Community Services Commission, Heritage & Cultural Arts Commission, Senior Center Advisory Committee, Youth Advisory Committee and any other City Commissions in the ethics training along with City Council in December 2006 or provide staff with additional direction. City Council to designate City Manager, City Attorney and the designated positions that are listed in the Dublin Municipal Code, Chapter 2.24, Section 2.24.020 to receive the ethics training along with City Council in December 2006 or provide staff with additional direction. 4) The Local Government Sunshine Bill, Assembly Bill 1234 (AB 1234), became effective January 1, 2006. At the December 20, 2005 City Council meeting, the Council adopted Resolution 231-05 complying with the reimbursement requirements of AB 1234. COpy TO: ------------------------------------------------------------------------------------------------------------- 80134 \.I Page 1 of4 ITEM NO.--B1:t ~ In addition to its provisions regarding compensation and reimbursement of legislative body members, AB 1234 also imposes a new ethics training requirement for local officials. This staff report discusses the City's obligations with respect to the ethics training requirement, and recommends a proposal for compliance with the requirement. Ethics Training Requirement AB 1234 requires that each local agency official must receive at least two hours every two years of training in general ethics principles or ethics laws relevant to his or her public service. (Gov. Code 9 53235(b).) AB 1234 defines "ethics laws" as the laws pertaining to conflicts of interest, the Brown Act, gift and travel restrictions, mass mailing restrictions, due process requirements, etc. (Gov. Code 9 53234(d).) The City must provide information on the ethics training and make sessions available to its local officials at least once each year. (Gov. Code 9 53235(f).) Who Must Fulfill the Ethics Training Requirement Under AB 1234, if the City provides compensation, salary, stipend or reimbursement for actual and necessary expenses to a member of a legislative body, then all "local agency officials" must receive ethics training in compliance with AB 1234. (Gov. Code ~ 53235(a).) AB 1234 defines "local agency official" as 1) any member of a local legislative body or elected official, and 2) any employee designated by a local legislative body to receive the training. (Gov. Code 9 53234(c).) "Legislative body" has the same definition as "legislative body" in the Brown Act, Government Code Section 54952. Thus, AB 1234 covers the City Council, as well as commissions, boards, or other bodies of a city that are created by charter, ordinance, resolution, or formal action of a legislative body. (Gov. Code 9 54952 (a) and (b).) Currently, the City compensates and reimburses members of the City Council, Planning Commission, Parks & Community Services Commission, and Heritage & Cultural Arts Commission. (Municipal Code 99 2.08.020, 2.16.010, 2.18.010). Additionally, the City reimburses members of the Senior Advisory Committee and Youth Advisory Committee for expenses incurred in performance of official duties (Ord. 01-06). Since the members of these six legislative bodies all receive compensation and/or reimbursement, all such members must receive ethics training compliant with AB 1234. In addition, the City Councilor other legislative body may designate any City employee to receive ethics training, at its discretion. Staff is proposing, for City Council consideration, that training be extended to the City Manager, City Attorney and the designated positions under the Dublin Municipal Code that is in compliance with the Political Reform Act of 1974. Those designated positions excluding consultants (legal counsel opined that consultants could be excluded from this training) that are listed in the Dublin Municipal Code, Chapter 2.24, Section 2.24.020 are as follows: Administrative Services Director Assistant City Attorney Assistant City Manager Building Official City Engineer Community Development Director Economic Development Director Parks and Community Services Director Planning Manager Public Works Director Z~L\ Although not a requirement of AB1234, it is City Staffs intent to incorporate Ethics Training as a baseline-training requirement for all City employees beginning in Fiscal 2006-2007. Deadlines for Compliance with the Ethics Training Requirement AB 1234 requires all local officials who were in service as of January 1, 2006 receive ethics training before January 1, 2007. (Gov. Code 9 53235.l(a).) This requirement does not apply to local officials whose term in office ends prior to January 1, 2007. (Ibid.) Additionally, local officials who commence service in 2006 have one year from their first day of service to comply with the ethics training requirement. (Gov. Code 9 53235.l(b ).) In other words, City Council members currently serving on the Council and continuing service into 2007 must receive the training before January 1, 2007, whereas City Council members elected in November 2006 have until November 2007 to satisfy the requirement. Council members whose terms end in November 2006 do not need to receive the training. Proposal for Compliance with the Ethics Training Requirement Staff recommends that the City Attorney or her designee provide an ethics training course in single or multiple sessions, at the Council's discretion. The ethics training course will comply with the curriculum- certification requirements set forth in AB 1234. (Gov. Code 9 53235(c).) Due to the timing constraints of AB 1234, the most opportune time to provide the course would be in December 2006, after the new Council members and Mayor are sworn into office. Thus, if the swearing- in occurs at the first meeting of December, the training could occur at this first meeting or the second December meeting. Of course, the schedule for the training session(s) is at Council discretion, so long as the training complies with AB 1234. Finally, members of the Planning Commission, Parks & Community Services Commission, Heritage & Cultural Arts Commission, Senior Advisory Committee, and Youth Advisory Committee could attend these same ethics training sessions to fulfill the AB 1234 requirement. Alternatively, these local officials may receive training in a separate session. Documentation Requirements The City must maintain records regarding the ethics training, including: 1) the dates that local officials received the ethics training, and 2) the name of the entity that provided the training. (Gov. Code 9 53235(a).) The City must maintain these records for at least five years after the local official has received the training, and the records are considered public records subject to disclosure under the California Public Records Act. (Gov. Code 9 53235.2(b).) The City Clerk will maintain these records. The City Attorney or her designee will provide ethics training participants with proof of participation upon completion of the training course, and a copy of such certification will be forwarded to the City Clerk. 3- DC> ~ RECOMMENDATION Staff recommends that the City Council: 1) receive staff presentation, 2) approve ethics training set forth in AB 1234 for the City Council in December 2006 or provide staff with additional direction, and 3) approve the inclusion of the Planning Commission, Parks & Community Services Commission, Heritage & Cultural Arts Commission, Senior Advisory Committee, and Youth Advisory Committee and any other City Commissions in the training along with City Council in December 2006 or provide staff with additional direction, and 4) City Council to designate City Manager, City Attorney and the designated positions that are listed in the Dublin Municipal Code, Chapter 2.24, Section 2.24.020 to receive the ethics training in December 2006 or provide staff with additional direction. l\- tYb 4