HomeMy WebLinkAboutItem 6.4 Conflict Of Interest CITY CLERK FILE # 640-40
AGENDA STATEMENT
CI'TY COUNCI'L MEETt'NG DATE: 3une 4, 2002
SUBJECT: Amendments to Conflict of Interest Code (Municipal Code
Chapter 2.24)
Report prepared by Elizabeth H. Silver, City Attorney
and Kay Keck, City Clerk
ATTACItMENTS: 1) Chapter 2.24 of Dublin Municipal Code (Conflict of Interest
Code)
2) Red Lined Version of Chapter 2.24 Ordinance
3) Ordinance Amending Chapter 2.24 of the City's Conflict of
Interest Code
RECOMMENDATION: 1) Open Public Hearing
2) Receive Staff Presentation
3) Receive Public Testimony
4) Close Public Hearing
5) Deliberate
6) Waive Reading and Introduce Ordinance
FINANCIAL STATEMENT: None
DESCRIPTION: The Political Reform Act requires cities to adopt Conflict of Interest
Codes that designate the staff positions within the city that involve the making of 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.
The City last updated its present Conflict of Interest Code (Chapter 2.24 of the Municipal Code) in 1996.
Changes in stafftitles and organization of the City since that time necessitated an amendment to the Code.
In addition, changes in the Political Reform Act and Fair Political Practices Commission (FPPC)
regulations necessitated other changes. Staff took the opportunity to make other clarifying revisions to the
Conflict of Interest Code, which are based on the FPPC's sample Conflict of Interest Code.
The proposed changes from the existing ordinance are shown on the attached redline version of the
proposed ordinance. A clean copy of the proposed ordinance is enclosed as well. Beyond the clarifying
revisions, the following changes are proposed:
COPIES TO: ~
ITEM NO.
1. The ordinance adds the following positions to the list of designated employees because their
decision making authority makes it possible that they could affect their own financial interests: Assistant
City Manager, Building Official and Administrative Services Director. The titles of the following positions
were updated to reflect their current usage:' Economic Development Director (from Economic
Development Manager) and Planning Manager (from Planning Director, which is currently vacant).
2. The ordinance also adds t° the Code a provision regulating consultants that the Fair
Political Practices Commission recommends for full compliance with the Political Reform Act.
3. The ordinance adds a new provision to make clear that the terms used in the ordinance are
defined in the Political Reform Act and the FPPC Regulations.
4. Consistent with changes to the Political Reform Act and FPPC Regulations, various
changes were made to update the dollar thresholds for disclosure.
Recommendation:
Staffrecommends that the City Council conduct a public hearing; deliberate; waive the reading and
introduce the ordinance. The ordinance will be scheduled for a second reading and adoption at the
June 18th City Council meeting.
K2/G/6-4-02/as-coi.doc
JSwpdkMrasw\l 14\001 x2002~A_genda\¢onflictcode_053002.do¢
2,24,010
Chapter 2.24 herein and this code shall be interpreted in
a manner consistent therewifl~. (Ord. 18 § 1,
CONFLICT OF INTEREST 1982) .
CODE . -
Sections: .. 2.24J)20 Designated positions.
2.24.010 Purpose. The positions listed below are designated
2.24.020 Designated posiiions. Positions. Officers and employees holding
2.24.030 'Disclosure statements, those Positions are designated employees
2.24.040 Piaee of l~llng, and, for purposes of the Political Reform
2.24.050 Time of filing. Act of 1974, are deemed to make, or partic-
2.24.060 Contents of disclosure ipate in the mn_!riug of decisions which may
statements, forese~bly have a matm'ial effect on a fi-
2.24.070 Aequisllion or disposal mmcial interest..
2.24.090 Manner of
.disqualiflcaiton. Community Vevelopmem
2.24.100 Copies of r~llatiOl~ on Economic Development
file. M~ger 2
Par~s ami Community
~rvices Director 2
2,24.010 Purpose. Plarming Direc~ 3, 4
Pursuant to theprovisions of Government Public Wodrs Dirmtor/
Code Sections 87300, et seq., the City Man- Comultam* 2
ager of the city, on behalf of the adrn!nL~tra-
rive staff of the city '-and all consultants, (. n~os~ ~nsua~ v/ai~ ~ ci~ ~ met-
hereby adopts the following conflict of ~aVraca~~a~ulationsa~mm~i~!
interest code. Nothing contained herein is to t,~ e~oaomi~ tum~ ~:)
intended to modify or abridge the provi- omci~ who manage publi~ Invesunems
'sions of the Political Reform Act of 1974
(Government Code Section $1000, et seq.). ~tl~b~~aat~iao~is)~l~ow
The provisions of this code are additional to Rogala~ 1~20 ~ml'sho~d ~ fib F~m ~1.
Government Code Section 87100 and other
laws pertaining to conflicts of interest, Administrative Services Dimctor/Assistaut City
· Manag~
including but not limited to Government
Code Section 1090, et seq. The provisions (Ord. 3-96 § 1: Ord. 9-94 § i; Ord. 8-92 §
of the Political Reform Act of 1974 and 1; Ord. 5-83 § 1; Ord. 18 § 2, 1982)
administrative regulations promulgated
under authority ,of said Act by the' Fair 2.24.030 Disclosure sta~vaents.
, Political Practices Commission shall govern Designat~ positions shall be assigned to
over any inconsistent provisions of this one or more discl°sure cate, gories set forth
code. Except 'as otherwise indicated, the in this section. The disclosure categories
definitions of said Act and regulations shall be specifically, described as set forth
adopted pursuant thereto are incorporated
ATTACHMENT
2.24 o o
in this section. Each employee or officer 2.24.040 Place of filing.
holding a designated ,position shall file Designated employees required by this
statements disclosing that employee's or code to file disclosure statements shall tile
officer's interests in investments, real prop- th~ statements with the City Clerk who
erty, incom~ and positions of managmnent will make the statements available for pub-
designated as reportable under the category lic insp on mprodu io _ Statements
to which the employee's or officer's posi- for all designated employees will be re-
tion is assigned at the time, place and in the tained by the City Clerk. (Ord. 9-94 § 3:
manner as hereinafter provided. Ord. 18 § 4, 1982)
A. Disclosure Category 2. Invesun~t in
business entities which are located within, 2,24,050 Time of lB!rig,
or do business; plan to do business, or have A. An official or employee holding a
done business during the preceding two (2) designated position shall Submit an initial
year period within tbe city. Interests in real statement within Ihirty (30) days after the
property located in whole or in pan within effective date of this code. The initial state-
the city. Sources of income as defined by ment shall disclose reportable investments
the Political Reform Act of 1974, as amend- and interests in real property.
ed. Business positions with business entities B. Officers and employees who are ap-
not otherwise reported as investments, inter- pointed, promot~ or trausferred to desig-~
est in re, al property or sources of income, hated positions shall file an initial statement
which are located within, plan to do busi- disclosing reportable investments, interests
ness, do business or have done business in real property and positions of manage-
during the preceding two (2) years within ment within thirty (30) days after the effec-
the city., rive date of such appoinunent~ promotion or
B. Disclosure Category 3. investments transfer to a designated position.
in and business positions held in business C. Officers and employees holding
enffties and sources of income which: designated positions shall fie an annual
1. Have interests in real property loc, at- statement no later than April 1st of the next
ed in whole or in part wiibin the city: succeeding year. Such annual stmements
2; Do business, plan to do business, or shall cover the period of the preceding
have done business during the preceding calendar year. The annual statement shall
two (2) year period within the city and disclose such reportable investments, inter-
which .engage in architectural, planning, ests in real property, sources ofincome, and
engineering, construction, building, real positions of management as may be applica-
estate development or a re!s~_ed field, ble.
(Business positions need only be reported D. An employee or' officer holding a
if the business entity has not otherwise been designated position who leaves such desig-
reported as an investment, source of income hated position voluntarily or involuntarily
or interest in real propertY.) shall file, within thirty (30) days thereof, a
C. Disclosure Category 4. Interests in lea,~ing office statement. Such statement
real property which are located in whole or shall disclose reportable inve~ts, inter-
in pan within the city. (Ord. 9-94 § 2; Ord. ests in real property, income and positions
8-92 § 2; Ordl 18 § 3, 1982)
of management held°r received ai any time come was a gift, and a general description
during the period since lite closing date of of the business activity, if any, of earl]
thc previOUsly filed annual statement. (Ord. sour~,
18 § 5, 1982) - b. A statement whether the aggregate
value of inexane from ceeb source, or in the
2,.24.060 . . Contents of disclosure case of a loan, the highest amoum owed to
statements, each source, was at least two hundred
Disclomm statements shall he made on dollars($2.~), but did not exceed one then-
the 'forms supplied by tl~ City CleEk and sand dollars ($1,000), whetim- it was in
shall ¢onuiin the followinginforrmfion: ~xcess of one.thousand dollan ($1,000), or
A. Contents. of Investment end/or Real whether it was greater than ten thousand
Pro~rty. Reports. When an investment, or dollars ($10,000),
an ii~terest in renl proPorty is required to be c. A description of the considaation, if
repormt under the provisions of this code, any, for which the income was received.by
1.. A smtemoni of the .nature of. the in~ d. In the case of a gift, the amount and
" vestment or inMrest in real property; date .on which tl~ gift was received,
2. Thc nam~ of thc business entity in e. In the cas~ of a loan, the'mmual
which each inv~t is held, and a gener- interest rate and the security, if any, given
.-- al description of 'the business activity in for the loan;
which file business entity .is engaged; 2. When the income of a business
3. The address or'othor precise location ty, including income of a sole. proprietor-
4..A statement whether~.~ mad~t ployce or off'K~r holding a designa~ posi-
valne' of the investment or thc inlm~s~ in. rich,, tl~'statement shall 'contain:
real .property,exceeds one thousand dollars a. The name and addr~s and genellg
($1,000) but does .not exceed ten thous~ ck~scriptiun of the Imsiness activity of the
dollars ($10,000), whetl~r it.exceeds ten business entity,
thousand dollars ($10,000)' but 'does not b. In the case of a business entity which
'exceed one hundred thousand dollars providos.legal or brOkerage services, th~
($I00,000), or whether it exceeds one hun- nam of ever~ person who paid fe~s to the
dred thousand dollars ($100,000);. business entity if the flier's pro rau share
5.. For purposes of disclosure under this of fees from such person was equal to or ·
code, "interest in real property" does not greater than one thousand dohr3 ($1;000),
includ~ the principal residence of the filer, c, -In ~he case 'of a business entity not
B.. Contents-of incom~ repons: cOvered by subsection B2a of this section,
1. When personal.income or a source of dm name of every 'person from' whom' the
.this smmment shall contain: ~¢r's pro rata shard.of gross receipts from
a. The nan~ and address of each sourc~ such person was equal to or gnmter than t~.'n
of income aggregating two hundred fif~ .thousand dollars ($10,000) during a calen-
/---., doilars ($2,50) or mor~ in value if.the in- dar year. .".
C. Contents of Management Position meaning ascribed to ii by Section 87103 of
Reports. When rmmagement positions are the C~ovemment Code. (Ord. 18 § 8, 1982)
required to be reported, 'officers and
ployees holding design, ted positions shall 2.24.~)0 Mmmer of
list thc names of each business entity not disqualification.
specified above in which they are a direcWr, An officer or employee holding a desig-
officer, pamler, trustee or employee, or in nated position required to disqualify b_im__~lf
which they hold any position of manage- by the provisions of this code shall notify
ment. (Ord. 18 § 6, 1982) the City Maneger in writing. The'City Man-
ager shall forward such notification to the
2,24,070 Acquisition or disposal City Clerk for fding. (Ord. '18 § 9, 1982)
during reporting period.
In the disclosure statement filed under 2,24.100 Copies of regulations on
Section 2.24.050 C and D, if an investment file.
or interest in real property was partially or Copies of the Political Reform Act of
wholly acquired or disposed, of during the 1974 and admini.mative regulations adopted
period covered bythe statement, the date~of pursuant thereto shall be maintained On fie'
such acquisition or disposal shall be report- and available for inspection in the office of
ed. (Ord. 18 § 7, 1982) the City Clerk. (Ord. 9-94 § 4:* Ord. 18 §
10, 1982)
A. Officers and employees holding
designated positions must disqualify them-
selves frOm .rn~ing, particu'pating in the
making, or using their official position to
influence the making of any decision in
which they have a rcpor~._ble financial inter-
est when it is reasonably foreseeable that
such interest might materially be affected by
the decision. No such. offu:er or. employee
shall be required to disqualify himserf with
respect to any matter which could not be
legally acted upon without his participation.
B. Notwithstanding the designation of
employees and positions herein, no official
or employee .of the city Shall make or par-
ticipate in 'the making of a decision to or
not to license, inspect, permit, contract, cite
or'investigate any business or property with
which such official or *employee has'a fi-
nancial interest. For the purpose of this sub-
section, financial interest shall have the
ORDINANCE NO.
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
THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1: The purpose of this ordinance is to comply with the requirement of Section 87306 of the California
Government Code to amend the City of Dublin's Conflict of Interest Code, Chapter 2.24 of the Dublin Municipal Code,
to reflect changed circumstances and the addition and deletion of positions with the City.
SECTION 2: Section 2.24.015 of the Dublin Municipal Code is hereby added to read as follows:
"Section 2,24.015--Definitions.
The definitions contained in the Poli§cal Reform Act of 1974, the regulations of the Fair Political Practices
CommiSsion (Cal. Code Regs., tit. 2, §§ 18100-18997), and any amendments to the Act or regulalJons, are
incorporated by reference into this conflict of interest code."
SECTION 3: Section 2.24.020 of the Dublin Municipal Code is hereby amended to read as follows:
"Section 2.24.020--Designated positions.
The positions listed below are designated positions. Offic% and employees holding those positions are
designated employees and, for purposes of the Political Reform Act of 1974, are deemed to make, or
participate in the making, of decisions that may foreseeably have a material effect on a financial interest.
Designated Position Disclosure Category
Community Development Director 3,4
Economic Development Director 2
Parks and Community Services
Director 2
Planning Manager 3,4
Public Works Director/City
Engineer 2
Building Official 3,4
Assistant City Manager 2
Administrative Services Director 2
Consultants* 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 shah be retained for public
inspection in the same manner and location as this conflict of interest code.
ATTACHMENT 2
SECTION 4: Section 2.24.040 of the Dublin Municipal Code is hereby amended to read as follows:
"Section 2.24.040--Disclosure statements: Place of filing. I
!
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 inspections and reproduction. Statements for all
designated employees will be retained bY the City Clerk."
SECTION 5: Section 2,24.050 of the Dublin Municipal Code is hereby amended to read as follows:
"Section 2.24.050--Disclosure statements: Time of filing; Contents and period covered.
A. Initial Statements..~.n ~'";";"' '~ ='"'"'="== ~'"]'";"" "'~"";"""*'"~ """;*;"" ~'"~" °"IN'~;* ~"
t-+-~.,xn,&=n+ .,;+h;n {'h;r~, Iq~N rl~,,~, ,'~R=r +k= =f;=~,+;,~= rl'~+,~ ^~<' +h;~, ,-.,'~''1=
..... Each person already in a position when it
is designated by an amendment to this code shall file an initial statement within 30 days after the effective
date of the amendment. The initial statement shall disclose reportable investments and. interests in real
property, and business positions held on the effective date of the amendment to the code and s. hall disclose
any income received during the 12 months prior the effeCtiVe date of the amendment to the code.
B. Assuming Office Statements. ~ .... ~,,,~ ,,-,,,,~,, ........ ~,,, ',-= ',,,,,,,;,'+='~
teAII persons assuming designated positions shall file an ...... assuming office statement stateme~
days '~"="*"" =~="+;"= '~'~= ''~ ~'"'~' '~""";'"'"~"+ "'""'"~"" "" ~'~"~=' *" "'~"";""~='~ .,,-,.;~,,-=~,-r
assuminq the designated position. Assuming office statements shall disclose any reportable investments,
interests in real property, and business positions held on the date of'assuming office and shall diSClOse
income received dudn.q the12 months prior to the date of assuming Office.
C. Annual Statements. r~,.=,o .,,,,~ ,,,,,,,,,,,,,,,~o p,,,,,~,, holding designated positions shall file an
annual statement r,~ater-4ha~no later than April ~ ,,~ *~' .... , ,..,,.,.,,,,,~,,,, ,,=~
applieab~.Annual statements shall,disclose any reportable,investments, interests in real property~ income
and business positions held or received during the previous calendar Year; provided, however, that the
period,covered by an employees first annual st~ement shall begin on the effective date of the cOde or the
date of assuming office whichever is later.
D. Leaving Office Statements. ~y =~"[" .... ,,~,.~;..,~. ~,,.[,4;..,, .~ ,4,~,.;,.,.~+=,4
design=..;+;,. .... ,,,.+.~.;, .... ; .... [,,,.+.~.,,, ,.~,.~,, ;['~ ~l] persons who leave designated pOsitions shall file
leavin.~ office statements within thirty (30) days t~er-eefof leaving office., a'
Leaving office statements_ shall disclose reportable investments, interests in real property, income and
p...';+;,.,.o =,,','".'-~",~","-'* business positions held or received at any time during the period since the closing
date of the previously filed ann,.:'a! statement and the date of leaving office."
SECTION 6: Section 2.24.060 of the Dublin Municipal Code is hereby amended to read as follows:
"Section 2.24.060~Disclosure statements: Manner of reporting.
Disclosure statements shall be made on the forms supplied by the City Clerk and shall 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 property;
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 market value of the investment or interest in real property exceeds
,,,,~, +~,,,..oo,,,~ a,.,.~,.,, ($1 000) ~,.a ,~,,~,~ ,,,,, ~,,,,,~,~,,~ ~,,, ~,,,..o~.,,~ ~4^.~.~. mn nnm whether-i~xceeds ten
fhn..e,~n4 4nll.~re. ($10 000)
exceeds one ~"'"'~'~"~ ,u ..... ,,a ,~,,,,,,~, f¢tnn nn~ or exceeds $1,000,000..
5. For purposes of disclosure under this code, ~interest in real property does not include the principal
residence of the filer.
B. Contents of Personal Income Reports:-:
1. When personal income or a source of personal income is required to be reported, this statement shall
contain:
al._ The name and address of each source of income aggregating ~'.,",,.,, ..,...,,.,,,. ~',
more in value, or $50 or more in valu~e if the income was a gift, and a general description of the business
activity, if any, of each source,
b_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 "* ~'~'* ~"," h..,,,~,,,,~ ~,, ,~,,,o,~ f¢,)un~ h.., ,~a ,,,,, ,~,,,,,,,,,~ ,,,,~
,~, .... ~.,a ,~,,,o,o ($1 000}r-, "" ~"~ ,.,~,~,,u~, ~t'"~'° ~ ........ ~,,,,~ ,U ...... a ,~,,,~.~ (.qreater than $1 000)
erq/fhefl~er4twas-greater than ten4Cleasaf~$10,000), or greater than $100.000.
C:,3._ A description of the consideration, if any, for which filer received the income '.'"o..,..~ -~"'~;'""~.,,,,,,..,,,, ~''',,~ +~'",.,,
file:,
D4_. In the case of a gift, the name. address, and business activity of the donor and any intermediary
throu.qh which the .qift was made..a description of the gift, the amount or value of the gift. and date on which
the filer received the .gift4vas~e~eJved,
E5. In the case of a loan, the annual interest rate, the term of the Ioa..n.. and the security, if any, given for
the loan;
-2_C. Contents of Business Entity Income Reports. When the income of a business entity, including
income of a sole proprietorship, is required to be reported by an employee or officer holding a designated
position, the statement shall contain:
al. The name and address and general description of the business activity of the business entity,
........................... ~ ............ ; ........................... ~,,. Hame of eve~
person from whom the busine~ en~ received p~ments if the filers pro r~ share of gross re~ip~ Eom
such person was equal to or gre~er ~an ton *~c'as3nd dollars ($10,00~ dudng a calendar year.
C. Conten~ of ~Business Posiaon Repo~. When ~business posi~ons are
required to be reposed, ~m~-~ ................ ~ ~,~,~ pers0~s holding' designated pos~ons shall list the names
and addr~s of each h.~i..~ ~.~ -~+ -~;~ ~,,~ i~ which ~the filer is a dire~or, o~cer,
pa~er, tustee or employee, or in which ~e filer hold~ any posi~on of manage~n~ shall describe th~
business ac~viW in which the business enaW,is ,engaRed, and shall disclose the fileFs posi~on with ~e
business enOW,
SECTION 7: S~aon 2.24.070 of ~e Dublin Municipal Code is hereby amended to read as follows:
"Se~on 2.24.07~A~uisiaon or disposal during repo~ng period.
In *~ ~;-~'~"-~ ~*~*~* ~'~""~' a~,;~ o o~ n~n ~ ~ Din the case of an annual or le~in, g
o~ce statement, if an inves~e~ or interest in real prope~ was p~ally or wholly ~quired or disposed of
during ~e period coVered by ~e statemen~ ~e statement shall contain ~e d~e of such acquisi~on or
disposalS."
SECTION 8: PUBLICATION AND EFFECTIVE DATE.
In accordan~ wi~ Se~on 36937 of ~e Government ~de of ~e S~te of California, ~is Ordinance shall ~ke effe~
and be in force ~i~ (30) days frOm and ~er ~e d~e of i~ passage. The Ci~ Cle~ of ~eci~ of DUblin Shall cause
this Ordinance to be posted in ~ least three (3) public places in the Ci~ of Dublin in a~ordance with Sec~on 36933
of the Government Code of ~e State of California
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on
this ~ day of ,2002, by the following votes:
AYES: ]
NOES: [
ABSENT:
ABSTAIN:
Mayor
Attest:
City Clerk
J:\wpd\Mnrsw\l 14\00 l~2002\Ord\conflictcode041602.rff
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN I
AMENDING CHAPTER 2.24 OF THE DUBLIN MUNICIPAL CODE
RELATING TO THE CITY'S CONFLICT OF INTEREST CODE
THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1: The purpose of this ordinance is to comply with the requirement of Section 87306 of the
California Government Code to amend the City of Dublin's Conflict of Interest Code, Chapter 2.24 &the
Dublin Municipal Code, to reflect changed circumstances and the addition and deletion of positions with
the City.
SECTION 2: Section 2.24.015 of the Dublin Municipal Code is hereby added to read as follows:
"Section 2.24.015 Definitions.
The definitions contained in the Political Reform Act of 1974, the regulations of the Fair Political
Practices Commission (Cal. Code Regs., tit. 2, §§ 18100-18997), and any amendments to the Act
or regulations, are incorporated by reference into this conflict of interest code."
SECTION 3: Section 2.24.020 of the Dublin Municipal Code is hereby amended to read as follows:
"Section 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 Reform Act of 1974, are
deemed to make, or participate in the making, of decisions that may foreseeably have a material
effect on a financial interest.
Designated Position Disclosure Category
Community Development Director 3,4
Economic Development Director 2
Parks and Community Services Director 2
Planning Manager 3,4
Public Works Director/City Engineer 2
Building Official 3,4
Assistant City Manager 2
Administrative Services Director 2
Consultants* 2
* Consultants shall be included in the Est 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 "design~ated 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 descripfion~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 3
SECTION 4: Section 2.24.040 of the Dublin Municipal Code is hereby amended to read as follows:
"Section 2.24.040---Disclosure statements: Place of filing.
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 inspections and
reproduction. Statements for all designated employees will be retained by the City Clerk."
SECTION 5: Section 2.24.050 of the Dublin Municipal Code is hereby amended to read as follows:
"Section 2.24.050--Disclosure statements.'- Time of filing; Contents and period covered.
A. Initial Statements. Each person already in a position when it is designated by an
amendment to this code shall file an initial statement within 30 days after the effective date of the
amendment. The initial statement shall disclose reportable investments, interests in real property,
and business positions held on the effective date of the amendment to the code and shall disclose
any income received during the 12 months prior the effective date of the amendment to the code.
B. Assuming Office Statements. All persons assuming designated positions shall file an
assuming office statement within thirty (30) days after assuming the designated position.
Assuming office statements shall disclose any reportable investments, interests in real property'
and business positions held on the date of assuming, office and shall disclose income received
during thel2 months prior to the date of assuming office.
C. Annual Statements. Persons holding designated positions shall file an annual statement no
later than April 1. Annual statements shall disclose any reportable investments, interests in real
property, income and business positions held or received during the previous calendar year;
provided, however, that the period covered by an employees first annual statement shall begin on
the effective date of the code or the date of assuming office whichever is later.
D. Leaving Office Statements. All persons who leave designated positions shall file leaving
office statements within thirty (30) days of leaving office. Leaving office statements shall disclose
reportable investments, interests 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
of leaving office."
SECTION 6: Section 2.24.060 of the Dublin Municipal Code is hereby amended to read as follows:
"Section 2.24.060--Disclosure statements: Manner of reporting.
Disclosure statements shall be made on the forms supplied by the City Clerk and shall 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 property;
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;
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3. The address or precise location of the real property;
4. A statement of whether the fair market value of the investment or interest in real property
exceeds $~,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
5. For purposes of disclosure under this code, "interest in real property does not include the
principal residence of the filer.
B. Contents of Personal Income Reports. When personal income or a source of personal
income is required to be reported, this statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50
or more in value if the income was a gift, and a general description of the business activity, if
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 $1,000 or less, greater than $1,000, greater
than $10,000, or greater than $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
intermediary 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 girl,
5. In the case ora loan, the annual interest rate, the term of the loan, and the security, if any,
given for the loan;
C. Contents of Business Entity Income Reports. When the income of a business entity,
including income of a sole proprietorship, 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 name of every person from whom the business entity received payments if the flier's
pro rata share of gross receipts from such person was equal to or greater than $10,000 during a
calendar year.
C. Contents of Business Position Reports. When business positions are required to be
reported, persons holding designated positions shall 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 the business activity in which the
business entity is engaged, and shall disclose the filer's position with the business entity.
SECTION 7: Section 2.24.070 of the Dublin Municipal Code is hereby amended to read as follows:
"Section 2.24.070~Acquisition or disposal during reporting period.
In the case of an annual or leaving office statement, if an investment or interest in real property
was partially or wholly acquired or disposed of during the period covered by the statement, the
statement shall contain the date of acquisition or disposal."
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SECTION 8: 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 from 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 day of__, 2002, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
K2/G/6-18-02/ord-coi.doc (Item 6.???)
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