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HomeMy WebLinkAboutItem 4.10 Conflict InterestCodeCITY CLERK FILE # 0640-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 19, 2000 SUBJECT: Biennial Review and Update of City's Conflict of Interest Code Report Prepared by Kay Keck, City Clerk ATTACHMENTS: Chapter 2.24 of the Dublin Municipal Code RECOMMENDATION:4~2 Authorize City Attorney and City Clerk to review the City's existing Code and present any needed amendments to the Council at a future meeting. FINANCIAL STATEMENT: None DESCRIPTION: The Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to adopt and promulgate conflict of interest codes. Public officials/employees who make or participate in making governmental decisions must do so free from bias caused by their financial interests. A further requirement is that the Code be reviewed biennially in even numbered years to make certain that the Code is up to date with regard to the most current regulations, designated positions and disclosure categories. Staff recommends that the City Council authorize Staff to conduct this review and present an updated Code to the Council at a future City Council meeting. mmmmmmmmm COPIES TO: ITEM NO. 2.24.010 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 2.24.070 2.24.080 2.24.090 2.24.100 Purpose. Designated positions. Disclosure statements. Place of filing. Time of filing. Contents of disclosure statements. Acquisition or disposal during reporting period. Disqualification. Manner of disqualification. Copies of regulations on ~e. 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 defmitions of said Act and regulations adopted pursuant thereto are incorporated herein and this code shall be interpreted in a manner consistent therewith. (Ord. 18 § 1, 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 ~- nancial interest. Designated Positions Disclosure Category Community Development Director 3, 4 Economic Development Manager 2 Parks and Community Services Director 2 Planning Director 3, 4 Public Works Director/ City Engineer 2 Consultants* 2 (* Those consultants which the City Manager deter- mines are not "consultants" pursuant to the Fair Politi- cal Practices Commission Regulations are not required to f~e economic interest statements.) Officials Who Manage Public Investments It has been determined that the position(s) listed below manage public investments, ate covered by FPPC Regulation 18720 and should therefore file Form 721. Administrative Services Director/Assistant City Manager (Ord. 3-96 § 1: Ord. 9-94 § 1; Ord. 8-92 § 1; Ord. 5-83 § 1; Ord. 18 § 2, 1982) 2.24.030 Disclosure statements. Designated positior~s shall be assigned to one or more disclosure categories set forth in this section. The disclosure categories shall be specifically described as set forth 27 (Dublin 4-96) 2.24.030 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 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. Interests in real property located in whole or in part within the city. Sources of income as defined by the Political Reform Act of 1974, as amend- ed. Business positions with business entities not otherwise reported as investments, inter- est in real property or sources of income, which are located within, plan to do busi- ness, do business or have done business during the preceding two (2) years within the city. · 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- ediin whole or in part within the city: 2. Do business, plan to do business, or have done business during the preceding two (2) year period within the city 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. (Ord. 9-94 § 2; Ord. 8-92 § 2; Ord. 18 § 3, 1982) 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) 2.314.050 Time of ~ing. 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 (I)ublin 4-96) 28 2.24.050 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 cede, "interest in real property" does not include the principal residence of the ~ler. 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- 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 flier, 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 rote and the security, ff 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 f~er'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 O~ban s-~s) 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 fried under Section 2.24.050 C and D, ff 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 financial 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, financial interest shall have the meaning ascribed to it by Section 87103 of the Government Code. (Ord~ 18 8'8, 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 f'de. Copies of the Political Reform Act of 1974 and administrative regulations adopted pursuant thereto shall be maintained on f'fie and available for inspection in the office of the City Clerk. (Ord. 9-94 § 4: Ord. 18 § 10, 1982) a~bn- 5-9s) 30