HomeMy WebLinkAboutItem 4.11 - 2186 COI Update
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STAFF REPORT
CITY COUNCIL
DATE: September 18, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Waive Reading and Introduce Ordinance Amending Chapter 2.24 of the
Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code
Prepared by: Lauren Quint, Assistant City Attorney
EXECUTIVE SUMMARY:
At the June 5, 2018 meeting, the City Council directed the City Attorney to review the
City’s Conflict of Interest Code and make a dete rmination by October 1, 2018 if there is
a need to amend the Conflict of interest Code. The City Attorney has conducted a
thorough review of the Conflict of Interest Code and determined that several positions
should be added or deleted.
STAFF RECOMMENDATION:
Waive the reading, and INTRODUCE an Ordinance Amending the City’s Conflict of
Interest Code, and direct Staff to file the 2018 Local Agency Biennial Notice with the
Fair Political Practice Commission (“FPPC”).
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Political Reform Act prohibits certain public officials from being involved in decision -
making that will have an impact on their private financial interests. In addition, it
requires certain public officials to file a Statement of Economic Interests publicly
disclosing their private financial interests. The Act also makes the City responsible for
adopting a Conflict of Interest Code identifying those positions that must file Statements
of Economic Interest.
The Act requires the City to review its Conflict of Interest Code biennially to determine
whether amendments to the Code are required. (See Cal. Gov’t Code § 87306.5). The
City’s Conflict of Interest Code is located in Chapter 2.24 of the Municipal Code. The
City’s Code identifies all positions within the City that participate in the making of
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governmental decisions. These designated positions are required to disclose certain
financial interests under state law.
The last amendments to the City’s Code were adopted on November 15, 2016.
The City Council is the code reviewing body for City agencies. Pursuant to Government
Code Section 87306.5, City departments must determine whether amendments to the
Code are necessary and notify the City Council whether or not such amendments are
required. (See Cal. Gov't Code §§ 82011(c), 87306.5).
Based on previous direction from the City Council and the requirements of the Political
Reform Act, the City Attorney has completed a thorough review of the Conflict of
Interest Code, the job specifications for all City employment positions, as well as the
FPPC regulations governing the update process and recommends the following
changes to Chapter 2.24.
1. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Designated
Positions,” to add six City positions that have been determined by Staff to “make
or participate in the making of governmental decisions.” These positions (and
accompanying disclosure categories) are:
a. Deputy City Clerk (disclosure category 3)
b. Senior Public Works Inspector (disclosure category 1)
c. Recreation Manager (disclosure category 3)
d. Public Works Maintenance Superintendent (disclosure category 1)
e. Special Projects Manager (disclosure category 1)
f. Capital Improvement Program (CIP) Manager (disclosure category 1)
2. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Designated
Positions,” to delete two City positions that have been eliminated.
a. Planning Manager (deleted via Resolution No. 57-18)
b. Senior Building Inspector (deleted via Resolution No. 47-12)
The City’s amended code will not be effective until it has been adopted by the City
Council. (See Cal. Gov.’t Code § 87303).
Staff recommends that the City Council waive the reading and introduce the ordinance
amending the Conflict of Interest Code consistent with the changes described above,
and direct staff to file the 2019 Local Agency Biennial Notice with the FPPC.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
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ATTACHMENTS:
1. California Government Code 82011(c), 87306.5
2. 2018 Local Agency Biennial Notice
3. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code
5'[A]L OI CALIInRNIA
AUTHENTICATED
Fj eClfZaac I FGAL HATFWA(.
State of California
GOVERNMENT CODE
Section 82011
82011. "Code reviewing body" means all of the following:
(a) The commission, with respect to the conflict -of -interest code of a state agency
other than an agency in the judicial branch of government, or any local government
agency with jurisdiction in more than one county.
(b) The board of supervisors, with respect to the conflict -of -interest code of any
county agency other than the board of supervisors, or any agency of the judicial branch
of government, and of any local government agency, other than a city agency, with
jurisdiction wholly within the county.
(c) The city council, with respect to the conflict -of -interest code of any city agency
other than the city council.
(d) The Attorney General, with respect to the conflict -of -interest code of the
commission.
(e) The Chief Justice of California or his or her designee, with respect to the
conflict -of -interest code of the members of the Judicial Council, Commission on
Judicial Performance, and Board of Governors of the State Bar of California.
(f) The Board of Governors of the State Bar of California with respect to the
conflict -of -interest code of the State Bar of California.
(g) The Chief Justice of California, the administrative presiding judges of the
courts of appeal, and the presiding judges of superior courts, or their designees, with
respect to the conflict -of -interest code of any agency of the judicial branch of
government subject to the immediate administrative supervision of that court.
(h) The Judicial Council of California, with respect to the conflict -of -interest code
of any state agency within the judicial branch of government not included under
subdivisions (e), (f), and (g).
(Amended by Stats. 2003, Ch. 62, Sec. 176. Effective January 1, 2004. Note: This section was added
on June 4, 1974, by initiative Prop. 9.)
O�f�, Si A'fL Oi CALII'OIIN IA
I�i iii,u� ELECTR�171C LEGAL f�WiEi11A�
State of California
GOVERNMENT CODE
Section 87306.5
87306.5. (a) No later than July 1 of each even -numbered year, the code reviewing
body shall direct every local agency which has adopted a Conflict of Interest Code
in accordance with this title to review its Conflict of Interest Code and, if a change
in its code is necessitated by changed circumstances, submit an amended Conflict of
Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303
to the code reviewing body.
(b) Upon review of its code, if no change in the code is required, the local agency
head shall submit a written statement to that effect to the code reviewing body no
later than October 1 of the same year.
(Added by Stats. 1990, Ch. 1075, Sec. 5.)
Name of Agency:
Mailing Address:
Contact Person:
Email:
is • •' i .. , e
Phone No.
Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to
help ensure public trust in government. The biennial review examines current programs to
ensure that the agency's code includes disclosure by those agency officials who make or
participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BON):
❑ An amendment is required. The following amendments are necessary:
(Check all that apply.)
O Include new positions
O Revise disclosure categories
O Revise the titles of existing positions
O Delete titles of positions that have been abolished and/or positions that no longer make or
participate in making governmental decisions
O Other (describe)
❑ The code is currently under review by the code reviewing body.
❑ No amendment is required. (If your code is over five years old, amendments may be
necessary.)
Verification (to be completed if no amendment is required)
This agency's code accurately designates all positions that make or participate in the making of governmental
decisions. The disclosure assigned to those positions accurately requires that all investments, business
positions, interests in real property, and sources of income that may foreseeably be affected materially by the
decisions made by those holding designated positions are reported. The code includes all other provisions
required by Government Code Section 87302.
Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or
amended. Please return this notice no later than October 1, 2018, or by the date specified by your agency, if
earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fppc.ca.gov
FPPC Advice: advice(o0ppc.ca.gov (866.275.3772)
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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
WHEREAS, the Political Reform Act located at Government Code Section 81000 et
seq., requires every local government agency to review its Conflict of Interest Code biennially to
determine whether amendments to the Code are required; and
WHEREAS, following review of the code, it was determined that the amendments
contained in this Ordinance were appropriate.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 2.24.020 is amended to read as follows:
Designated Position Disclosure Category
Administrative Services
Director/Director of Finance
3
Assistant City Attorney 1
Assistant City Manager 1
Assistant to the City Manager 1
Assistant Director of Administrative
Services/Budget
3
Assistant Director of Community
Development
1
Assistant Director of Parks &
Community Services
2,3
Associate Civil Engineer 1
Capital Improvement Program (CIP)
Manager
1
Chief Building Official 1
City Clerk/Records Manager 3
City Engineer 1
Code Enforcement Officer 1
Community Development Director 1
“Consultant”* as defined in FPPC
Reg. sect. 18700.3
1
Deputy City Clerk 3
Economic Development
Director/Public Information Officer
1
Environmental Coordinator 1
Heritage and Cultural Arts Manager 1
Housing Specialist 1
Human Resources Director 3
Information Services Manager 3
Parks & Community Services
Director
1
Plan Check Engineer 1
Principal Planner 1
Public Works Director/Assistant City
Engineer
1
Public Works Manager 1
Public Works Maintenance
Superintendent
1
Public Works Transportation and
Operations Manager
1
Recreation Manager 3
Recreation Supervisor 2,3
Senior Management Analyst 3
Senior Civil Engineer 1
Senior Code Enforcement Officer 1
Senior Management Analyst 3
Senior Plan Checker 1
Senior Planner 1
Special Projects Manager 1
Senior Public Works Inspector 1
Section 2. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or
parts thereof of the ordinance or their applicability to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
//
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Section 4. Posting. 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 this _____ day of ___________, 2018.
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
Caroline Soto, City Clerk
3060092.1