HomeMy WebLinkAboutItem 6.4 AmendConflictOfInterestCd (2)
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 12, 1994
SUBJECT:
Ordinance Amending City's Conflict of Interest
Code
Report by Elizabeth Silver, City Attorney
EXHIBITS ATTACHED: ~ Ordinance No. 8-92
/_ Draft Ordinance
RECOMMENDATIONn.v1 )
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3)
4)
5)
6)
Open Public Hearing
Receive Staff Report
Receive Public Testimony
Close Public Hearing
Deliberate
Waive Reading and INTRODUCE Ordinance
FINANCIAL STATEMENT:
None
DESCRIPTION: The Political Reform Act requires every local
government agency to review its Conflict of Interest Code biennially
to determine if it is accurate and up-to-date or alternatively,
whether the Code must be amended.
Dublin's Conflict of Interest Code was last amended in June of 1992.
Since that time, a reorganization of the City Manager's Office and
Administrative Services Department has occurred, thereby changing/
eliminating certain job titles.
Staff clarified with FPPC that those positions required by State Law
(Government Code Section 87200) to file Form 721 Statements of
Economic Interest should not be listed in the City's Code. Thus, the
City Manager and City Attorney positions would be deleted from the
designated positions list in the City's Code and Section 2.24.030
would be amended to delete "Category 1" in the draft Ordinance.
Additionally, in March of 1994, the Fair Political Practices
Commission adopted Regulation 18720 which applies to those who
exercise responsibility for the management of public investments. For
Dublin, this would be the Administrative Services Director/Assistant
City Manager. While this position is required to file a Form 721, it
is filed with the City Clerk rather than with FPPC.
As part of the approved 1994-95 Budget, a new position of Economic
Development Director was created. This position is being added to the
City's Code and this person, when hired, will be a designated position
required to disclose under Category 2.
Staff recommends that the City Council conduct a public hearing, waive
the reading and INTRODUCE the amended Ordinance.
K2/A/AS-COI
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COPIES TO:
ITEM NO.
t.'j
CITY CLERK
FILE ~"
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ORDINANCE NO. 8 - 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:
Desiqnated positions
Disclosure Cateqorv
city Manager
city Attorney
Assistant City Manager
planning Director
Public Works Director/City Engineer
Administrative services/Finance Director
Recreation Director
Consultants*
1
2
2
3, 4
2
2
2
2
(* Those consultants which the city Manager determines
are not "consultantsll 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.
Disolosure 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: councilmembers Burton, Howard, Jeffery, Moffatt and
Mayor Snyder
NOES: None
ABSTAIN: None
ABSENT:
None
-4.- 4.J./~
Mayor
ATTE~~
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ORDINANCE NO. - 94
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CERTAIN PROVISIONS OF THE DUBLIN 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:
Desiqnated Positions
Disclosure Cateqorv
Economic Development Director
Planning Director
Recreation Director
Public Works Director/City Engineer
Consultants*
2
3, 4
2
2
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.)
Officials Who Manage Public Investments:
It has been determined that the position(s) listed
below manage public investments, are covered by FPPC
Regulation 18720 and should therefore file Form 721.
Administrative Services Director/Assistant City Manager
Section 2. Section 2.24.030 DISCLOSURE STATEMENTS, of the
Dublin Municipal Code is amended to read as follows:
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 disclosing that employee's or officer's
interests in investments, real property, income and positions 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 manner as hereinafter 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-
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 no otherwise reported as investments,
interest in real property or sources of income, which are
located within, plan to do business, do business or have
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done business during the preceding two years within the City
of Dublin.
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 of Dublin;
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.)
C. 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 12th day of September, 1994, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
K2/A/ORD-COI
City Clerk