HomeMy WebLinkAboutItem 6.2 Conflict of Interest (2) 0
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 8, 1992
SUBJECT: Ordinance Amending City of Dublin's Conflict of
Interest Code
Report Prepared by Kay Keck, City Clerk
EXHIBITS ATTACHED: ■ Draft Ordinance
RECOMMENDAT N• 1) Open Public Hearing
2) Receive Staff Report &Public Testimony
3) Close Public Hearing
4) Deliberate
5) Waive Reading and ADOPT Ordinance
FINANCIAL STATEMENT: None
DESCRIPTION: On May 26, 1992, the City Council conducted a
public hearing and introduced an Ordinance which would amend the
City's Conflict of Interest Code.
This Code requires that no public official at any level of local
government shall make, participate in making or in any way attempt to
use his/her official position to influence a governmental decision in
which he/she knows or has reason to know he/she has a financial
interest. Government Code Section 87306.5 requires local agencies to
submit to their code reviewing body, a biennial report identifying
changes in its Conflict of Interest Code, or a statement that no
amendment is needed.
Based on a review by the City Clerk and City Attorney's Office, City
positions which are being recommended for addition to the Code
include: Administrative Services/Finance Director; Recreation
Director, and Assistant City Manager. Also, the title City Engineer
will be amended to Public Works Director/City Engineer. These
positions will be required to complete Statements of Economic Interest
in the future.
The Fair Political Practices Commission (FPPC) , the state agency which
enforces the Political Reform Act, also requires that the position of
"Consultant" be listed as a designated employee. Staff reviewed the
filing requirements for a list of more than 30 consultants. The City
Manager may make determinations as to which of these consultants must
file Economic Interest Sstatements.
The Ordinance will become effective 30 days after its adoption. Newly
designated positions will be required to complete initial Statements
of Economic Interest (Form 730) within 30 days thereafter. These
statements are to be filed with the City Clerk.
Staff recommends that the City Council conduct a public hearing, waive
the reading and ADOPT the Ordinance amending the City's Conflict of
Interest Code.
COPIES TO:
ITEM NO. 6.2 CITY CLERK
FILE -I I14 li n
ORDINANCE NO. - 92
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CERTAIN PROVISIONS
OF THE MUNICIPAL CODE RELATING TO
THE CITY'S CONFLICT OF INTEREST CODE
The City Council of the City of Dublin does ordain as follows:
Section 1. Section 2.24.020 DESIGNATED POSITIONS, TABLE
2.24.020, of the City of Dublin Municipal Code is amended to read
as follows:
Designated Positions Disclosure Category
City Manager 1
City Attorney 2
Assistant City Manager 2
Planning Director 3, 4
Public Works Director/City Engineer 2
Administrative Services/Finance Director 2
Recreation Director 2
Consultants* 2
(* Those consultants which the City Manager determines
are not "consultants" pursuant to the Fair Political
Practices Commission Regulations are not required to
file economic interest statements. )
Section 2 . Section 2.24 .030 DISCLOSURE STATEMENTS, TABLE
2 .24.030 of the City of Dublin Municipal Code is amended to read
as follows:
Disclosure Category 1 -- No additional disclosure requirements
are imposed by this Conflict of Interest Code by virtue of
Sections 87200 and 87302 (b) of the Government Code.
Notwithstanding the foregoing, the provisions of Section 2.24.089
of this code relating to disqualification are applicable.
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-year period within the
City of Dublin. Interests in real property located in whole or
in part within the City of Dublin. Sources of income as defined
by the Political Reform Act of 1974, as amended. Business
positions with business entities not otherwise reported as
investments, interest in real property or sources of income,
which are located within, plan to do business, do business or
have done business during the preceding two years within the City
of Dublin.
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 of Dublin;
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(2) Do business, plan to do business, or have done business
during the preceding two-year period within the City of
Dublin and which engage in architectural, planning,
engineering, construction, building, real estate
development or a related field.
(Business positions need only be reported if the
business entity has not otherwise been reported as an
investment, source of income or interest in real
property. )
Disclosure Category 4 -- Interests in real property which are
located in whole or in part within the City of Dublin.
Section 3. This Ordinance shall take effect and be in force
30 days following its adoption. 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 this 8th day of June, 1992, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
City Clerk
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