HomeMy WebLinkAboutItem 4.02 Muni Code Conflict of Int~or•DU~~~ CITnnY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 16, 2008
SUBJECT: Ordinance Amending Chapter 2.24 of the Municipal Code pertaining
to the City's Conflict of Interest Code. Report Prepared by.•
Caroline Soto, City Clerk and John Bakker, City Attorney
ATTACHMENTS: 1. Proposed Ordinance Amending Chapter 2.24 of the
Municipal Code
RECOMMENDATION: Waive reading and adopt the proposed Ordinance Amending
Chapter 2.24 of the Municipal Code Pertaining to the City's Conflict
of Interest Code
FINANCIAL STATEMENT: None
DESCRIPTION: The Political Reform Act requires every local government agency to review its
Conflict of Interest Code biennially to determine whether amendments to the Code are required (Cal.
Gov't Code § 87306.5). During the September 16, 2008 City Council meeting, City staff notified the City
Council that amendments to the City's Conflict of Interest Code are necessary in order to: (1) accurately
reflect all of the designated positions within the City which are required by state law to disclose financial
interests; (2) include appropriate disclosure categories for each of the designated positions; and (3)
accurately reflect changes in state law. During the same meeting, the City Council directed staff to revise
the City's existing Conflict of Interest Code to include these changes.
In accordance with this direction, City staff has prepared revisions to the Conflict of Interest Code. The
specific changes to the Code are as follows:
Section 2.24.020 of the Conflict of Interest Code entitled, "Designated Positions" would be amended to
include several positions within the City government that have been determined by staff to make or
participate in the making of governmental decisions pursuant to Government Code Section 87302(a), and
in accordance with guidelines published by the Fair Political Practices Commission ("FPPC"). The
positions that would be added to City's Conflict of Interest Code are: Finance Manager; Information
Services Manager; Assistant Director of Parks & Community Services; Parks & Community Services
Manager; Parks & Facilities Development Manager; Heritage and Cultural Arts Manager; Human
Resources Director, Public Works Manager; and City Clerk. The determination that these City employees
make or participate in the making of governmental decisions pursuant to the authorities cited above was
made based upon a review of the organizational chart of the City and job descriptions of current
COPY TO:
Page 1 of 2
ITEM NO. •
management positions with the City. Section 2.24.020 would also be amended to reflect revisions to the
disclosure categories in Section 2.24.030, as discussed below.
Section 2.24.030 of the Conflict of Interest Code entitled, "Disclosure Statements" would be amended to
include the disclosure categories currently recommended by the FPPC. Including these disclosure
categories in the Code would provide for differing levels of disclosure that will more accurately reflect the
job descriptions of city employees required to make disclosures pursuant to this Code.
Section 2.24.060 of the Conflict of Interest Code entitled, "Disclosure Statement-Manner of Reporting"
would be amended to reflect a change in state law regarding the threshold amount of a financial interest in
real property required for disclosure (Government Code § 87206(d)).
The Mayor and Councilmembers, Planning Commissioners, City Manager, City Attorney and
Administrative Services Director are not included in the list of Designated Positions because they are
required by state law (Government Code section 87200) to file conflict of interest statements.
City Council Action
On December 2, 2008, the City Council heard a presentation from Staff and conducted a public hearing on
the proposed Ordinance (Attachment 1). At that meeting, the City Council waived the reading and
introduced the Ordinance.
RECOMMENDATION: Staff recommends that the City Council waive the reading and adopt the
proposed Ordinance Amending Chapter 2.24 of the Municipal Code Pertaining to the City's Conflict of
Interest Code
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ORDINANCE NO. XX-08
AN ORDINANCE OF THE CITY COUNCIL
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, during the September 16, 2008 City Council meeting, City staff informed the Council
that amendments to the City's Conflict of Interest Code are necessary to (1) accurately reflect all of the
designated positions within the City which are required by state law to disclose financial interests; (2)
include appropriate disclosure categories for each of the designated positions; and (3) accurately reflect
changes in state law; and
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Section 2.24.020 of Chapter 2.24 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 these positions are
designated employees and, for the purposes of the Political Reform Act of 19'74, are deemed to make, or
participate in the making of, decisions which may foreseeably have a material effect on a financial interest.
Desi mated Position Disclosure Cate o
Assistant City Attorney 1
Assistant City Manager 1
Cit Clerk 3
Building Official 1
City Engineer 1
Community Develo ment Director 1
Economic Development Director 1
Plannin Mana er 1
Public Works Director 1
Finance Manager 1
Information Services Manager 3
Parks & Community Services
Director 1
Assistant Director of Parks &
Community Services 2,3
Parks & Community Services
Mana er 2,3
Parks & Facilities Development
Mana er 2,3
Heritage and Cultural Arts Manager 1
Human Resources Director 3
Public Works Manager 1
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ATTACHMENT 1
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*Consultants shall be included in the list of designated employees and shall disclose pursuant to the terms of the 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 chapter.
Such a written determination shall include a description of the consultant's duties and, based upon that description, a statement
of the extent of the disclosure requirements. The City's 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.
Section 2. Section 2.24.030 of Chapter 2.24 of the Dublin Municipal Code is hereby amended to read as
follows:
2.24.030 Disclosure Statements
Designated positions shall be assigned to one (1) 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 positions is assigned at the time, place and in the manner as
hereinafter provided.
A. Disclosure Category 1. Interests in real property located within the City or within two miles of the
boundaries of the City or within two miles of any land owned or used by the City; and investments and
business positions in business entities, and income, including loans, gifts, and travel payments.
B. Disclosure Category 2. Interests in real property located within the City or within two miles of the
boundaries of the City or within two miles of any land owned or used by the City.
C. Disclosure Category 3. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or
equipment of the type utilized by the City.
D. Disclosure Category 4. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or
equipment of the type utilized by the department or division to which the designated employee is assigned
duties.
E. Disclosure Category 5. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources, that filed a claim against the City during the previous two
years, or have a claim pending.
F. Disclosure Category 6. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources, that are of the type to request an entitlement to use City
property or facilities.
Section 3. Section 2.24.060 of Chapter 2.24 of the Dublin Municipal Code is hereby amended to read as
follows:
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:
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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, 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 the interest in real property exceeds
two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand
dollars ($100,000), or exceeds one million dollars ($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 five hundred dollars ($500) or more in
value, or fifty dollars ($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 one thousand dollars ($1000) or less, greater than one thousand dollars
($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars
($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 gift;
5. In the case of a 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 filer's pro rata share
of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during the
calendar year.
D. 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 4. 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 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following
its adoption.
Section 6. 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 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor