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Home My WebLink AboutItem 6.2 Conflict Of Interest (2) ~ 1 CITY CLERK File # D~~[Q]-~[Q] e: AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 27, 1996 SUBJECT: PUBLIC HEARING &" ~endment to City of Dublin Conflict of Interest Code O"-{Report Prepared by Kay Kecle, City Clerk) EXHIBITS ATTACHED: A) Chapter 2.24 of Dublin Municipal Code B) Draft Ordinance RECOMMENDATION: ~ 1) Open Public Hearing 2) Receive Staff Report 3) Receive Public Testimony 4) Close Public Hearing 5) Deliberate 6) Waive reading and ADOPT Ordinance e: FINANCIAL STATEMENT: None DESCRIPTION: At the February 13, 1996 City Council meeting, the Council introduced an ordinance amending Section 2.24.020 of the Dublin Municipal Code in order to designate the new position of Community Development Director to the list of employees required to complete annual Statements of Economic Interests. The statements must be completed and disclosure made in accordance with Categories 3 and 4. Staff recommends that the City Council conduct a public hearing, waive the reading and ADOPT the Ordinance amending Section 2.24.020 of the Dublin Municipal Code. ~'------------------------------------------------------------------- COPIES TO: ITEM NO. 6.2 KZ/G/feb-96/as-coi. doc .~. e.:... .....- Chapter 2.24 CONFLICT OF INTEREST CODE Sections: 2.24.010 2.24.020 2.24.030 2.24.040 2.24.050 2.24.060 Purpose. Designated positions. Disclosure statements. Place of filing. Time of filing. Contents of disclosure statements. Acquisition or disposal during reporting period. DisquaIification. Manner of disquaIification. Copies of regulations on file. 2.24.070 2.24.080 2.24.090 2.24.100 2.24.010 Purpose. Pursuant 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 interest code. Nothing contained herein is intended to modify or abridge the provi- sions of the Political Reform Act of 1974 (Government Code Section 81000. et seq.). The provisions of this code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interest. including but not limited to Government Code Section 1090. et seq. The provisions of the Political Reform Act of 1974 and administrative regulations promulgated under authority of said Act by the Fair Political Practices Commission shall govern over any inconsistent provisions of this code. Except as otherwise indicated. the definitions of said Act and regulations 2.24.010 adopted pursuant thereto are incorporated herein and this code shall be interpreted in a manner consistent therewith. (Ord. 18 ~ I, 1982) 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 partic- ipate in the making of decisions which may foreseeably have a material effect on a fi- nancial interest. Designated Positions Economic Development Manager Planning Director Recreation Director Public Works Director/ City Engineer Consultants. Disclosure Category 2 3.4 2 2 2 (. Those consultanu which the City Manager deter- miDcs are not "consultanu" pursuant to the Fair Politi- cal Practices Commission Regulations are not required to file economic in~t statemcnu.) Officials Who Manage Public Investments It has been determined that the position(s) listed below manage public invcstmcnU, are covered by FPPC Regulation 18720 and sbould therefore me Form 721. Administrative Services Director/Assistant City Manager (Ord. 9-94 ~ 1; Ord. 8-92 ~ 1; Ocd. 5-83 ~ 1; Ord. 18 ~ 2, 1982) 2.24.030 Disclosure 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 flle statements disclosing that employee' s or 27 (Dublia 5-95) E;{l-II a rr 1-\ 2.24.030 officer's interests in investments, real prop- erty, income and positions of management designated as reportable under the category to which the employee's or officer's posi- tion 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 (2) year period within the city of Dublin. Inter- ests in real property located in whole or in part within the city of Dublin. Sources of income as derIDed by the Political Refonn Act of 1974, as amended. Business posi- tions 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 Dub- lin. B. Disclosure Category 3. Investments in and business positions held in business entities and sources of income which: 1. Have interests in real property locat- ed 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' (2) year period within the city of Dub- lin and which engage in architectural, plan- ning, 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. (Ord. 9-94 ~ 2; 000. 8-92 ~ 2; Ord. 18 ~ 3, 1982) (Dublin 5-95) ... ."" .' 2.24.040 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 pub- lic inspection and reproduction. Statements for all designated employees will be re- tained by the City Clerk. (Ord. 9-94 ~ 3: Ord. 18 ~ 4, 1982) 2.24.050 Time of filing. A. An official or employee holding a designated position shall submit an initial statement within thirty (30) days after the effective date of this code. The initial state- ment shall disclose reportable investments and interests in real property. B. Officers and employees who are ap- pointed, promoted or transferred to desig- nated positions shall file an initial statement disclosing reportable investments, interests in real property and positions of manage- ment within thirty (30) days after the effec~ tive date of such appointment. promotion or transfer to a designated position. C. Officers and employees holding designated positions shall file an annual statement no later than April 1 st of the next succeeding year. Such annual statements shall cover the period of the preceding calendar year. The annual statement shall disclose such reportable investments, inter- ests in real property, sources of income, and positions of management as may be applica- ble. D. An employee or officer holding a designated position who leaves such desig- nated position voluntarily or involuntarily shall file, within thirty (30) days thereof, a leaving office statement. Such statement shall disclose reportable investments, inter- ests in real property, income and positions .'~. .'. .' 28 . ."; ,- . of management held or received at any time during the period since the closing date of the previously filed annual statement. (Ord. 18 ~ 5, 1982) 2.24.060 Contents of disclosure statements. 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 in- vestment or interest in real property; 2. The name of the business entity in which each investment is held, and a gener- al description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or the interest in real property exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hun- dred thousand dollars ($100,000); 5. For purposes of disclosure under this code, "interest in real property" does not include the principal residence of the fller. B. Contents of income reports: 1. When personal income or a source of personal income is required to be reported, this statement shall contain: a. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value if the in- 2.24.050 come was a gift. and a general description of the business activity, if any, of each source, b. 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 at least two hundred fIfty dollars ($250), but did not exceed one thou- sand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000), or whether it was greater than ten thousand dollars ($10,000), c. A description of the consideration, if any, for which the income was received by the filer, d. In the case of a gift. the amount and date on which the gift was received, e. In the case of a loan, the annual interest rate and the security, if any, given for the loan; 2. When the income of a business enti- ty, including income of a sole proprietor- ship, is required to be reported by an em- ployee or officer holding a designated posi- tion, the statement shall contain: a. The name and address and general description of the business activity of the business entity, b. In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity if the fIler's pro rata share of fees from such person was equal to or greater than one thousand dollars ($1,000), c. In the case of a business entity not covered by subsection B2a of this section, the name 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 calen- dar year. 29 (Dublia 5-95) 2.24.060 C. Contents of Management Position Reports. When management positions are required to be reported. officers and em- ployees holding designated positions shall list the names of each business entity not specified above in which they are a director. officer, partner, trustee or employee. or in which they hold any position of manage~ ment. (Ord. 18 ~ 6, 1982) 2.24.070 Acquisition or disposal during reporting period. In the disclosure statement filed under Section 2.24.050 C and D, if an investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement. the date of such acquisition or disposal shall be report- ed. (Ord. 18 ~ 7, 1982) 2.24.080 Disqualification. A. Officers and employees holding designated positions must disqualify them- selves from making. participating in the making, or using their official position to influence the making of any decision in which they have a reportable fmancial inter- est when it is reasonably foreseeable that such interest might materially be affected by the decision. No such officer or employee shall be required to disqualify himself 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, fmancial interest shall have the (Dublin 5-95) 30 .. .' meaning ascribed to it by Section 87103 of the Government Code. (Ord. 18 ~ 8. 1982) 2.24.090 Manner of disqualification. An officer or employee holding a desig- nated position required to disqualify himself by the provisions of this code shall notify the City Manager in writing. The City Man- ager shall forward such notification to the City Clerk for filing. (Ord. 18 ~ 9, 1982) 2.24.100 Copies of regulations on file. Copies of the Political Refonn Act of 1974 and administrative regulations adopted pursuant thereto shall be maintained on ftle and available for inspection in the office of the City Clerk. (Ord. 9-94 ~ 4: Ord. 18 ~ 10, 1982) .., , ..":' .: ~ ." .'::. ..... -.-,. ... . ,. ORDINANCE NO. ~ 96 AN ORDINANCE OF THE CITY OF DUBLIN ********************* AMENDING SECTION 2.24.020 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: Desianated Positions Disclosure CateQorv Community Development Director Economic Development Manager Parks & Community Services Director Planning Director Public Works Director/City Engineer Consultants. 3,4 2 2 3,4 2 2 (* Those consultants which the City Manager determines are not "consultants" pursuant fo the Fair Political Practices Commission Regulations are not required to file economic interest statements.) Officials Who Manage Public Investments: It has been determined that thejlosition(s) listed below manailll public investments, are covered by FPPC Regulation 18720 and should therefore file Form 721. Administrative Services Director/Assistant City Manager Section 2. 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 27th day of February, 1996, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mayor City Clerk K2/Glfeb-961ord-coi.doc Ej{}-J I a rr a