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HomeMy WebLinkAboutItem 6.1 Conflict Of Interest CITY CLERK File # D~~[è]-~J.l AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 5, 2004 Amendments to Conflict of Interest Code (Municipal Code Chapter 2.24) Report prepared by: Elizabeth H. Silver, City Attorney and Kay Keck, City Clerk SUBJECT: ATTACHMENTS: RECOMMENDATION: ~ FINANCIAL STATEMENT: None 1) 2) Chapter 2.24 of Dublin Municipal Code (Contlict ofInterest Code) Ordinance Amending Chapter 2.24 of the City's Conflict of Interest Code 1) 2) 3) 4) 5) 6) Open Public Hearing Receive Staff Presentation Receive Public Testimony Close Public Hearing Deliberate Waive Reading and ADOPT Ordinance DESCRIPTION: The Political Reform Act requires cities to adopt a Conflict of Interest Code that designates the staff positions within the city making governmental decisions that could foreseeably affect a financial interest of the employee. The Act also requires the Code to require the "designated employees" to annually disclose their financial interests. This is the second reading ofan Ordinance which would make changes to Section 2.24.020 of Dublin Municipal Code related to designated employees. The following changes are proposed: 1. Split the designated position of Public Works Director/City Engineer into two separate designated positions (Public Works Director and City Engineer) to reflect personnel classification changes. 2. Add the position of Assistant City Attorney to the designated filer's list as subject to Disclosure Category 2. Recommendation: Staff recommends that the City Council conduct a public hearing; deliberate; waive the second reading and ADOPT the Ordinance. ______________.______w_________________.___~_~___________~_________________________________________~~~a~.____~.~~._._________ O:\CC-MTGS\2004-qtr4\Oct\ 1 O'()5'()4\as-coi.doc COPIES TO: ITEM NO. ~ \ D' \ b CI Chapter 2.24 CONFUCTOF~mœTCODE SectioDS: 2.24.010 2.24.015 2.24.020 2.24.030 2.24.040 2.24.050 2.24.060 2.24.070 2.24.080 2.24.090 2.2A.l00 Purpose. Definitions. DesIgnated posidons. Disclosure statements. Disclosure statements- Place of riling. Disclosure statements- TIme of t'Uing-Contents . and period covered. Di8closure statement&- Manner of reporting. AcquistdoD or disposal during reporting periocL DisqaøUficatlon. Manner of disquall6cation. CopIes of regulatioDs on file. 2.24.010 Purpose. PursUilDt to the provisions of Government Code Sections 87300, et seq.. the City Man- ager of the city, on behalf of the administra- tive staff of the city and all consultants. hereby adopts the following conflict of inter~ est code. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Govern- ment Code Section 81000, et scq.). The pro- visions of ·this code are additional to Government Code Section 87100 and other laws pertaÎDing to conflicts of interest. including but not limited to Government Code Section 1090. ct sc:q. The provisions of the Political Reform Act of 1974 and admin- istrative regulations promulgated under I 61J.-1 .\.. 2.24.010 authority of said Act by the Fair Political Pracûces Commissiòn shall govern over any inconsistent provisions of this code. Except as otherwise indicated, the defmitions, of said Act and regulations adopted pursuant thereto are incorporated herein and this code shall be interpreted in a manner consistent therewith. (Ord. 18 § I, 1982) 2.24.015 Deftnitlons. The definitions contained in the Political Refonn Act of 1974, the regulations of the Fair Political Practices Commission (Cali- . fomia Code of Regulations, Title 2. Sections 18100 through 18997), and any amendments to the Act or regulations. are incorporated by ref-erence into this conflict of interest code. (Ord. 9-02 § 2) 2.24.020 Designated positions. The positions listed below are designated positions. Officers and employees holding those positions are designated employees and.. for purposes of the Political Refunn Act of 1974. are deemed to make, or participate in the making. of decisions which may fore- seeably have a material effect on a financial interest. Deslgoated Position Disclosure Cateaory Community Development DirectÓt Economic Development Director Parks and Community Services Director Planning Manager Public Works DiIcctorl City Engineer· Building Official Assistant City Manager 3,4 2 2 3.4 2 3,4 2 27 ATTACHMENT 1 lD. \ \0\5\ 0'+ 2.24.030 Designated Position Administrative Services Dircctor Consultants· Disdoøun Category 2 2 . Consultants shan be included in the list of designated employees aud shall disçJQSe pursuant to 1be terms of Disclollß'c Cate.JOI)' 2, subject to the following iimita- . ÛOD: TIle city IJIIUII.geI' may dctermîne iD writing that a partie:- ular COIl5uttant, õdthough a "dasi¡natc:d position" is hitcd to ~Iform a range of duties that is limited in scope and tbus is not required 10 fully oomply witb the disclosure requÍTcrumtS in this chapter. Suc:h a writlc:n dctmniDa- [ion sball include a descriptio. of the consultant's duties 1IId. based upon that tl.escripdcm. a sUl1etnen! or the extent or disclosllf'(! requirements. ThE dry mana¡er's ~tenni- nation ill a public recortI and mllll be rerainccl for public inspection in the lIame roanocr and location as thi$ con- flict of interest code. (Ord. 9-02 § 3: Ord. 3-96 § 1: Ord. 9-94 § 1; Ord. 8-92 § 1; Ord. 5-83 § 1; Ord. 18 § 2, 1982) 2.24.030 Dlsdosure statements. Designated. positions shall be assigned to one 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 dis- closing that employee's or officer's interests in .investments. real property. income and positíons 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 manneT as here- inafter provided. A. Disclosure Category 2. Investment in business entities which are located within. or do business, plan to do business. or have done business during the preceding two (2) year period within the city.· Interests in real propeny located in whole or in part within the city, Sources of income as defined by the Political Reform Act of 1974, as amended. (DllbIiD 9-02) .... -1 :JUi) Business positions with bu.siness entities not otherwise reported as investments. mtercst in rea] property or sources of income, which are located within. plan to do business, do busi- ness or have done business during the pre- ceding two (2) years' within the city. B. Disclosure Category 3. Investments in and business positions held in business entities and sources of income which: 1. Have interests in real property located in whole or in part within the city: 2. Do business. plan to do business, or have done business during tbe preceding two (2) year period within the city and which engage in architectural. planning, engineer- ing, construction. building. real estate devel- opment or a re1ated field. (Busine$s positions need only be reported if the business entity ha¡¡: not otherwise been reported liS an investment. source of income or intereSt in real property.) c. Disclosure Category 4. Interests in real property which are located in wbole or in part within the city. (Ord. 9-94 § 2; Om. 8- 92 §2; Ord. 18 § 3. 1982) 2.24.040 DIsclosure statements- Place of ftling. Designated employees required by this code to file disclosure statements shall file their statements with the City Clerk who will make the statements available for public inspection¡¡: and reproduction. Statements for all designated employees will be retained by the City Clerk. (Ord. 9·02 § 4: Ord. 9-94 § 3: Ord. 18 § 4. 1982) 28 2.24.050 Disclosure statement&- Time of filing-Contents and period covered. A. Initial Statements. Each person already in a position when it is designate<rby an amendment to this code shalt file an initial statement within thirty (30) days after the effective date of the amendment. The initial statement shall disclose reportable invest- . ments, interests in rea) property, and busi- ness positions held on the effective date of the amendment to the code and shall disclose any income received during the twelve (12) months prior to the effective date of the amendment to the code. B. Assuming Office Statements. All per- sons assuming designated positions shall file an assuming office statement within thirty (30) days after assuming the designated posi- tiOD. Assuming office statements shall dis- clOse1U1y reportable investments. interests in real property, and business positions held on the date of assuming office and shall disclose income received during the twelve (12) months prior to the date of assummg office. C. Annual Statements- Persons holding designated positions shan file an annual statement no later than ApTÍI 1st. Annual statements shan disclose any reportablc investments, interests in rea) property. income and business positions held or reçcived during the previous calendar year. provided, however, that the period covered by an employee' s fint annual statement shall begin on the effective date of the code or the date of assuming offICe, whichever is later. D. LMvmgOfficeS~œmenu.AUpM- sons who leave designated positions shall file leaving office statements within thirty (30) days of leaving office. Leaving office statements shall disclose reportable invest- /(1 '2'D ) 2.24.050 ments, interesu in real property, income and business positions held or received at any time during the period since the closing date of the previously filed statement and the date of1eaving office. (Ord. 9-02 § 5: Ord. 18 § 5, 1982) 2.24.060 DIsclosure statements- Manner of reporting. Disclosure statements shal1 be made on the forms supplied by the Citý Clerk and shan contain the following information: A. Contents of Investment and/or Real Property Reports. When an investment, or an interest in real property is required to be reported under the provisions of this code, the report shall contain: 1. A statement of the nature of the investment or interest in real propertyj 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged~ 3. The address or precise location of the real property; 4_ A statement of whether the fair mar- ket value of the investment or the interest in real property exceeds one thousand dollars ($1,000). exceeds tcn thousand dollars ($10.000), exceeds one hund~ thousand dollars ($100,000), or exceeds one million dollars ($l,OOO,OOO)~ 5. For purposes of discloAure under this code. «interest in roa1 property" does not include the principal residence of the filer. B. Contents of Personal Income Reports. When personal income or a source of per- sonal income is required. to be reported, this statement shall contain: 1. The name and address of each source of income aggregating five bundred dolJars 29 (Dnblin 9.(2) 2.24.070 ($500) or more in value, or fifty dol1ars ($50) or more in value if the income was a gift, and a general description of the business activity, jf any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand do11ars ($1.000), greater than ten thousand dollars ($10,000). or greater than one hun- dred thousand dollars ($100,000); 3. A description. of the consideration. if any, for which filer received the income; 4. In the case of a gift, the name, address, and business activity of the donor and any intennediary through which the gift was made, a description of the gift, the amount or value of the gift, and date on which the filer received the gift; 5. In the case of a loan. the annual inter- egtTate, the term of the loan, and the security, if any, given for the loan. e. Contents of Business Entity Income Reports. When the income of a business entity. including income ofa sole proprietor- ship, is required to be reported by an employee or officer holding a designated position. the statement shall contain: 1. The name and address and general description of the business activity of the business entity; 2. The nante of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. D. Contents of Business Position Reports. When business positions are required to be reponed. persons; holding des- (Dublin !J.m) ~bDî ignated positions shaH list the names and address of each business entity in which the filer is a director, officer, partner. trustee or employee, or in which the filer holds any position of management, shall describe ête business activity in which the business entity is engaged, and shall disclose the fIler's posi~ tion with the business entity. (Ord. 9-02 § 6: Ord. 18 § 6, 1982) 2.24.070 AcqulsldoD or disposal during repordag period. In the case of an annual or leaving office statement, if an investment or interest in rea] property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shan contain the date of acquisition or disposal. (Ord. 9-02 § 7: Qrd. 18 § 7.1982) 2.24.080 DlsquaJUication. A. Officers and employees holding des~ ¡goated positiona must disqua1ify themselves from making. participating in the making, or using their official position to influence the making of any decision in which they have a reponable financial interest when it is rea- sonably foreseeable that such interegt might materially be affected by the decision. No such officer or employee shalJ be required to disqualify himself with respect to any matter which could not be legally acted upon with- out his participation. B. Notwithstanding the designation of employees and positions herein. no official or employee of the city shall make or partic- ipate in the making of a decision to or not to Ucense, inspect. permit, contract, cite or investigate any business or property with which such official or employee has a fman- cial interest. For the purpose of this subsec- 30 tion, financial interest shall have the meaning ascribed to it by Section F;] 103. of the Government Code. COrd. 18 § 8, 1982) 2.24.090 MaDDer or disquaUftcatlon. An officer or employee holding a desig- nated position required to disquatjfy himself by the provisions of this code shall notify the City Manager in writing. The City Manager shall forward such notification to the City Clerk for filing. (Ord. 18 § 9. 1982) 2.24.100 Copies of regulatioDS on Ole. Copies of the Po1itica1 Refonn Act of 1974 and administrative regulations adopted pursuant thereto shall be maintained on file and available for inspection in the office of the City Clerk. (Ord. 9-94 § 4: Ord. 18 § 10, 1982) ~ -1 /' °0 IQ 2.24.090 30·1 (Dubli.a 9.02) /\ LDi(' I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.24.020 OF THE DUBLIN MUNICIPAL CODE AND DESIGNATING THREE NEW POSITIONS AS DECISION MAKING POSITIONS FOR PURPOSES OF THE CALIFORNIA POLITICAL REFORM ACT WHEREAS, the California Political Reform Act requires all local governmental agencies to review their conflict of interest codes biennially to determine if the code must be amended; and WHEREAS, California Elections Code section 87306(a) requires local agencies to amend their conflict of interest codes in the event of the creation of new positions which must be designated pursuant to subdivision (a) of California Elections Code section 87302; and WHEREAS, Section 2.24.020 of the Dublin Municipal Code provides that those positions listed in Section 2.24.020 of that Chapter shall be designated positions for purposes of California Elections Code 87302; and WHEREAS, Staff has determined that one designated position formerly performed by one person is now performed by two employees, that the list of designated positions should be amended to reflect this change, that an additional position should be designated, and that all three positions should be included in the list of designated positions contained in Dublin Municipal Code 2.24.020. NOW, THEREFORE, THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 2.24.020 of the Dublin Municipal Code be amended to separate the existing designated position of "Public Works Director/City Engineer" into two designated positions, and to add the position of "Assistant City Attorney" to the list of designated employees with disclosure obligations. Designated Position Disclosure Category Administrative Services Director Assistant City Attorney Assistant City Manager Building Official City Engineer Community Development Director Consultants· Economic Development Director Parks and Community Services Director Planning Manager Public Works Director 2 2 2 3,4 2 3,4 2 2 2 3,4 2 · Consultants shall be included in the list of designated employees and shall disclose pursuant to the terms of Disclosure Category 2, subject to the following limitation: The City Manager may determine in writing that a particular consultant, 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 article. Such a written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of 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. ATTACHMENT 2 .r¡ /)ob SECTION 2: PUBLICATION AND EFFECTIVE DATE. In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect and be in force thirty (30) days ftom and after the date of its passage. 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 BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this 5th day of October, 2004, by the following votes: Ayes: Noes: Absent: Abstain: Mayor Attest: City Clerk G:\CC-MTGS\2004-qtr4\Oct\lO-OS-04\ord-coi.DOC