HomeMy WebLinkAboutItem 6.1 Conflict Of Interest
CITY CLERK
File # D~~[è]-~J.l
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 5, 2004
Amendments to Conflict of Interest Code (Municipal Code
Chapter 2.24)
Report prepared by: Elizabeth H. Silver, City Attorney
and Kay Keck, City Clerk
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
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FINANCIAL STATEMENT: None
1)
2)
Chapter 2.24 of Dublin Municipal Code (Contlict ofInterest
Code)
Ordinance Amending Chapter 2.24 of the City's Conflict of
Interest Code
1)
2)
3)
4)
5)
6)
Open Public Hearing
Receive Staff Presentation
Receive Public Testimony
Close Public Hearing
Deliberate
Waive Reading and ADOPT Ordinance
DESCRIPTION: The Political Reform Act requires cities to adopt a Conflict of
Interest Code that designates the staff positions within the city making governmental decisions that could
foreseeably affect a financial interest of the employee. The Act also requires the Code to require the
"designated employees" to annually disclose their financial interests.
This is the second reading ofan Ordinance which would make changes to Section 2.24.020 of Dublin
Municipal Code related to designated employees. The following changes are proposed:
1. Split the designated position of Public Works Director/City Engineer into two separate
designated positions (Public Works Director and City Engineer) to reflect personnel
classification changes.
2. Add the position of Assistant City Attorney to the designated filer's list as subject to
Disclosure Category 2.
Recommendation:
Staff recommends that the City Council conduct a public hearing; deliberate; waive the second reading and
ADOPT the Ordinance.
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O:\CC-MTGS\2004-qtr4\Oct\ 1 O'()5'()4\as-coi.doc
COPIES TO:
ITEM NO. ~
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Chapter 2.24
CONFUCTOF~mœTCODE
SectioDS:
2.24.010
2.24.015
2.24.020
2.24.030
2.24.040
2.24.050
2.24.060
2.24.070
2.24.080
2.24.090
2.2A.l00
Purpose.
Definitions.
DesIgnated posidons.
Disclosure statements.
Disclosure statements-
Place of riling.
Disclosure statements-
TIme of t'Uing-Contents .
and period covered.
Di8closure statement&-
Manner of reporting.
AcquistdoD or disposal
during reporting periocL
DisqaøUficatlon.
Manner of
disquall6cation.
CopIes of regulatioDs on
file.
2.24.010 Purpose.
PursUilDt 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 inter~
est code. Nothing contained herein is
intended to modify or abridge the provisions
of the Political Reform Act of 1974 (Govern-
ment Code Section 81000, et scq.). The pro-
visions of ·this code are additional to
Government Code Section 87100 and other
laws pertaÎDing to conflicts of interest.
including but not limited to Government
Code Section 1090. ct sc:q. The provisions of
the Political Reform Act of 1974 and admin-
istrative regulations promulgated under
I 61J.-1
.\..
2.24.010
authority of said Act by the Fair Political
Pracûces Commissiòn 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 § I, 1982)
2.24.015 Deftnitlons.
The definitions contained in the Political
Refonn Act of 1974, the regulations of the
Fair Political Practices Commission (Cali-
. fomia Code of Regulations, Title 2. Sections
18100 through 18997), and any amendments
to the Act or regulations. are incorporated by
ref-erence into this conflict of interest code.
(Ord. 9-02 § 2)
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 Refunn Act
of 1974. are deemed to make, or participate
in the making. of decisions which may fore-
seeably have a material effect on a financial
interest.
Deslgoated
Position
Disclosure
Cateaory
Community Development DirectÓt
Economic Development Director
Parks and Community Services
Director
Planning Manager
Public Works DiIcctorl
City Engineer·
Building Official
Assistant City Manager
3,4
2
2
3.4
2
3,4
2
27
ATTACHMENT 1
lD. \ \0\5\ 0'+
2.24.030
Designated
Position
Administrative Services Dircctor
Consultants·
Disdoøun
Category
2
2
. Consultants shan be included in the list of designated
employees aud shall disçJQSe pursuant to 1be terms of
Disclollß'c Cate.JOI)' 2, subject to the following iimita-
. ÛOD:
TIle city IJIIUII.geI' may dctermîne iD writing that a partie:-
ular COIl5uttant, õdthough a "dasi¡natc:d position" is hitcd
to ~Iform a range of duties that is limited in scope and
tbus is not required 10 fully oomply witb the disclosure
requÍTcrumtS in this chapter. Suc:h a writlc:n dctmniDa-
[ion sball include a descriptio. of the consultant's duties
1IId. based upon that tl.escripdcm. a sUl1etnen! or the extent
or disclosllf'(! requirements. ThE dry mana¡er's ~tenni-
nation ill a public recortI and mllll be rerainccl for public
inspection in the lIame roanocr and location as thi$ con-
flict of interest code.
(Ord. 9-02 § 3: Ord. 3-96 § 1: Ord. 9-94 § 1;
Ord. 8-92 § 1; Ord. 5-83 § 1; Ord. 18 § 2,
1982)
2.24.030 Dlsdosure 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 file statements dis-
closing that employee's or officer's interests
in .investments. real property. income and
positíons 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 manneT as here-
inafter 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
propeny located in whole or in part within
the city, Sources of income as defined by the
Political Reform Act of 1974, as amended.
(DllbIiD 9-02)
.... -1
:JUi)
Business positions with bu.siness entities not
otherwise reported as investments. mtercst in
rea] property or sources of income, which are
located within. plan to do business, do busi-
ness or have done business during the pre-
ceding 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 located
in whole or in part within the city:
2. Do business. plan to do business, or
have done business during tbe preceding two
(2) year period within the city and which
engage in architectural. planning, engineer-
ing, construction. building. real estate devel-
opment or a re1ated field.
(Busine$s positions need only be reported
if the business entity ha¡¡: not otherwise been
reported liS an investment. source of income
or intereSt in real property.)
c. Disclosure Category 4. Interests in
real property which are located in wbole or
in part within the city. (Ord. 9-94 § 2; Om. 8-
92 §2; Ord. 18 § 3. 1982)
2.24.040 DIsclosure statements-
Place of ftling.
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 public
inspection¡¡: and reproduction. Statements for
all designated employees will be retained by
the City Clerk. (Ord. 9·02 § 4: Ord. 9-94 § 3:
Ord. 18 § 4. 1982)
28
2.24.050 Disclosure statement&-
Time of filing-Contents
and period covered.
A. Initial Statements. Each person
already in a position when it is designate<rby
an amendment to this code shalt file an initial
statement within thirty (30) days after the
effective date of the amendment. The initial
statement shall disclose reportable invest-
. ments, interests in rea) property, and busi-
ness positions held on the effective date of
the amendment to the code and shall disclose
any income received during the twelve (12)
months prior to the effective date of the
amendment to the code.
B. Assuming Office Statements. All per-
sons assuming designated positions shall file
an assuming office statement within thirty
(30) days after assuming the designated posi-
tiOD. Assuming office statements shall dis-
clOse1U1y reportable investments. interests in
real property, and business positions held on
the date of assuming office and shall disclose
income received during the twelve (12)
months prior to the date of assummg office.
C. Annual Statements- Persons holding
designated positions shan file an annual
statement no later than ApTÍI 1st. Annual
statements shan disclose any reportablc
investments, interests in rea) property.
income and business positions held or
reçcived during the previous calendar year.
provided, however, that the period covered
by an employee' s fint annual statement shall
begin on the effective date of the code or the
date of assuming offICe, whichever is later.
D. LMvmgOfficeS~œmenu.AUpM-
sons who leave designated positions shall
file leaving office statements within thirty
(30) days of leaving office. Leaving office
statements shall disclose reportable invest-
/(1
'2'D )
2.24.050
ments, interesu in real property, income and
business positions held or received at any
time during the period since the closing date
of the previously filed statement and the date
of1eaving office. (Ord. 9-02 § 5: Ord. 18 § 5,
1982)
2.24.060 DIsclosure statements-
Manner of reporting.
Disclosure statements shal1 be made on
the forms supplied by the Citý Clerk and
shan 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
investment or interest in real propertyj
2. The name of the business entity in
which each investment is held, and 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 mar-
ket value of the investment or the interest in
real property exceeds one thousand dollars
($1,000). exceeds tcn thousand dollars
($10.000), exceeds one hund~ thousand
dollars ($100,000), or exceeds one million
dollars ($l,OOO,OOO)~
5. For purposes of discloAure under this
code. «interest in roa1 property" does not
include the principal residence of the filer.
B. Contents of Personal Income Reports.
When personal income or a source of per-
sonal income is required. to be reported, this
statement shall contain:
1. The name and address of each source
of income aggregating five bundred dolJars
29
(Dnblin 9.(2)
2.24.070
($500) or more in value, or fifty dol1ars ($50)
or more in value if the income was a gift, and
a general description of the business activity,
jf 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
($1,000) or less, greater than one thousand
do11ars ($1.000), greater than ten thousand
dollars ($10,000). or greater than one hun-
dred 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 intennediary 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 inter-
egtTate, the term of the loan, and the security,
if any, given for the loan.
e. Contents of Business Entity Income
Reports. When the income of a business
entity. including income ofa sole proprietor-
ship, 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 nante 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 calendar
year.
D. Contents of Business Position
Reports. When business positions are
required to be reponed. persons; holding des-
(Dublin !J.m)
~bDî
ignated positions shaH 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 ête
business activity in which the business entity
is engaged, and shall disclose the fIler's posi~
tion with the business entity. (Ord. 9-02 § 6:
Ord. 18 § 6, 1982)
2.24.070 AcqulsldoD or disposal
during repordag period.
In the case of an annual or leaving office
statement, if an investment or interest in rea]
property was partially or wholly acquired or
disposed of during the period covered by the
statement, the statement shan contain the
date of acquisition or disposal. (Ord. 9-02
§ 7: Qrd. 18 § 7.1982)
2.24.080 DlsquaJUication.
A. Officers and employees holding des~
¡goated positiona must disqua1ify themselves
from making. participating in the making, or
using their official position to influence the
making of any decision in which they have a
reponable financial interest when it is rea-
sonably foreseeable that such interegt might
materially be affected by the decision. No
such officer or employee shalJ be required to
disqualify himself with respect to any matter
which could not be legally acted upon with-
out his participation.
B. Notwithstanding the designation of
employees and positions herein. no official
or employee of the city shall make or partic-
ipate in the making of a decision to or not to
Ucense, inspect. permit, contract, cite or
investigate any business or property with
which such official or employee has a fman-
cial interest. For the purpose of this subsec-
30
tion, financial interest shall have the
meaning ascribed to it by Section F;] 103. of
the Government Code. COrd. 18 § 8, 1982)
2.24.090 MaDDer or disquaUftcatlon.
An officer or employee holding a desig-
nated position required to disquatjfy himself
by the provisions of this code shall notify the
City Manager in writing. The City Manager
shall forward such notification to the City
Clerk for filing. (Ord. 18 § 9. 1982)
2.24.100 Copies of regulatioDS on Ole.
Copies of the Po1itica1 Refonn Act of
1974 and administrative regulations adopted
pursuant thereto shall be maintained on file
and available for inspection in the office of
the City Clerk. (Ord. 9-94 § 4: Ord. 18 § 10,
1982)
~ -1
/' °0
IQ
2.24.090
30·1
(Dubli.a 9.02)
/\
LDi(' I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.24.020 OF THE
DUBLIN MUNICIPAL CODE AND DESIGNATING THREE NEW POSITIONS AS DECISION
MAKING POSITIONS FOR PURPOSES OF THE CALIFORNIA POLITICAL REFORM ACT
WHEREAS, the California Political Reform Act requires all local governmental agencies to review
their conflict of interest codes biennially to determine if the code must be amended; and
WHEREAS, California Elections Code section 87306(a) requires local agencies to amend their
conflict of interest codes in the event of the creation of new positions which must be designated pursuant
to subdivision (a) of California Elections Code section 87302; and
WHEREAS, Section 2.24.020 of the Dublin Municipal Code provides that those positions listed in
Section 2.24.020 of that Chapter shall be designated positions for purposes of California Elections Code
87302; and
WHEREAS, Staff has determined that one designated position formerly performed by one person is now
performed by two employees, that the list of designated positions should be amended to reflect this change,
that an additional position should be designated, and that all three positions should be included in the list of
designated positions contained in Dublin Municipal Code 2.24.020.
NOW, THEREFORE, THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1: That Section 2.24.020 of the Dublin Municipal Code be amended to separate the existing
designated position of "Public Works Director/City Engineer" into two designated positions, and to add
the position of "Assistant City Attorney" to the list of designated employees with disclosure obligations.
Designated Position
Disclosure Category
Administrative Services Director
Assistant City Attorney
Assistant City Manager
Building Official
City Engineer
Community Development Director
Consultants·
Economic Development Director
Parks and Community Services Director
Planning Manager
Public Works Director
2
2
2
3,4
2
3,4
2
2
2
3,4
2
· Consultants shall be included in the list of designated employees and shall disclose pursuant to the terms of 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
article. Such a written determination shall include a description of the consultant's duties and, based upon that description, a
statement of the extent of disclosure requirements. The city 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.
ATTACHMENT 2
.r¡
/)ob
SECTION 2: PUBLICATION AND EFFECTIVE DATE.
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall
take effect and be in force thirty (30) days ftom and after the date of its passage. 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 on this 5th day of October, 2004, by the following votes:
Ayes:
Noes:
Absent:
Abstain:
Mayor
Attest:
City Clerk
G:\CC-MTGS\2004-qtr4\Oct\lO-OS-04\ord-coi.DOC