HomeMy WebLinkAboutItem 6.3 Conflict Interest Code CI'TY CLERK FILE #640-40
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: MAY 7, 2002
SUBJECT: PUBLIC HEARING
Amendments to Conflict of Interest Code
(Dublin Municipal Code Chapter 2.24)
(Report prepared by Elizabeth H. Silver, City Attorney)
ATTACItMENTS: 1) Chapter 2.24 of Dublin Municipal Code (Conflict of
Interest Code)
2) Ordinance Amending Section 2.24.020
RECOMMENDATION: 1) Open public hearing
2) Receive StaffReport and public comments
3) Close public hearing
4) Deliberate
5) Waive reading and INTRODUCE Ordinance
FINANCIAL STATEMENT: None.
DESCRIPTION: The Political Reform Act requires cities to adopt Conflict of interest Codes that
designate the staff positions within the city that involve the making of governmental decisions that could
foreseeab!y affect a financial interest of the employee. The Act also requires the Code to require the
"designated employees" to annually disclose their financial interests.
The City last updated its present Conflict of Interest Code (Chapter 2.24 of the Municipal Code) in 1996.
Changes in statTtitles and the City's organization since that time have necessitated an amendment to the
Code.
The ordinance adds the following positions to the list of designated employees because their decision
making authority makes it possible that they could affect their own financial interests: Building Official,
Assistant City Manager and Administrative Services Director. The titles of the following positions were
updated to reflect their current usage: Economic Development Director (from Economic Development
Manager) and Planning Manager (from Planning Director, which is currently vacant).
The ordinance also adds to the Code a provision regulating consultants that the Fair Political Practices
Commission recommends for full compliance with the Political Reform Act.
Recommendation:
Staff recommends that the City Council conduct a public hearing; deliberate; waive the reading and
INTRODUCE the Ordinance.
.... m .... mN .....mmmmm ....~mm--mm .... mm mmmm .Nmm mmmm~mmm~m mNN .....mmmmm ....mmeQm ....mmmmmmm~mm. ...... ~mmm.m ....mmmmmNNNmmmmmmm
COPIES TO: _~~
ITEM NO.
G:\CC-MTGS~2002-QTR2WIAY~5-7-02~S-CONFLICT OF INT. DoC
2,24,010
Chapter ~ herein and this code shall be interpreted in
a manner consistent therewith. (Ord. 18 §
CONFLICT OF INTEREST 1982)
CODE . ·
Sectlom: .. ~.~.0~0 ~ l~itiom.
2.,~.010 Purlmse. .. The positions listed below are designated
2.24.02,9 De~ po~i~ positions. Officers and employees holding
2.24.040 Place of filh~g, and, for proposes of the Political Reform
2.24.0~0 Time of filing. Act of 1974, are deemed to make, or pattie-
2,24.060 Colltell~s of diselos~'e ipate in/ho rn~ldng of decisions which may
statemtm~ foreseeably have a material effect on a
2.24.070 Acquisition or disposal . nancial interest.,
2.24.~0 Disqu~!fflcation- Designated Po~ltiom, Category
2.24.090 ManneF of
2~14.~00 Copies of regul~ions on
Services Director
· ~'" 2.24.010 Pm'poze.
Pursuant to theprovisions of Government Pablic W0~ks Director/
Code Sections 87300, ct seq., th~ City Man- comulmm* 2
alger of the city, on behalf of the adm!nlstra- (* Tt~ co~, wlich the city lvhmser det~-
· hereby adopts file following conflict of
interest code. Nothing contained herein is
intended to modify ,or abridge the provi- officials Who M~ge Public Invesunents
'sions of the Political Reform Act of 1974
kim been ~ tl~ tlx~positioKs) iis~l bdow
(Government Code Section 81000, et seq.).
The provisions of this code are additional to ~ 18720 ~l'amad~a~or~ m~ n~ 721.
Government Code Section 87100 and other
Administrative Services Director/Assistant City
laws pertaining to conflicts of interest,
including but' not limited to Government
Code Section 1090, et seq. The provisions (Ord. 3-96 § 1: Or& 9-94 § '1; Ord. 8-92 §
oftbe Political Refosm Act of 1974 and 1; Ord. 5-83 § 1; Ord. 18 § 2, 1982)
administrative regalations, promulgated
under authority .of said Act by the'Fair 2.24.030 Disdoanrestatements.
· Political Practices Commission shah govern Designated positions shall be assigned.to
over any inconsistent provisions of this one or more disclosure categories set forth
code. Except 'as otherwise indicated, the in this section. The disclosure categ°ries
definitions of said Act and regulations shall be sp~. described as sci forth
.~_.. adopted pursuant thereto are incorporated
ATFACHMENT 1.
2.24.030
in this section. Each employee or officer 2.24.040 Place of filing.
holding a. designated position shall file Designated employees required by this
statements, disclosing that employee's or code to file disclosure statements shall file
officer's interests in investments, real prop- their statements with the City Clerk who
erty, income and positions of management will make the statements available for pub-
designated as reportable under the category lic inspection and reproduction. Statements
to which the employee's or officer's posi- for all designated employees will be re-
tion is assigned at the time, place and in the tained by the City Clerk. (Ord. 9-94 § 3:
manner as hereinafter provided. Ord. 18 § 4, 1982)
A. Disclosure Category 2. Investment in
business entities which are located within, 2,24.050 Time of ~ing.
or do business, plan to do business, or have A. An official or employee holding a
done business during the preceding two (2) designated position shall submit an initial
year period within the city. Interests in real statement within thirty (30) days after the
property located in .whole or in part within effective date of this code. The initial state-
the city. Sources of income as defined by ment shall disclose reportable investments
the Political Reform Act of 1974, as amend- and interests in real property.
ed. Business positions with business entities B. Officers and employees who are ap-
not otherwise reported as investments, inter- pointed, promoted or transferred to desig-
est in real property or sources of income, nated positions shall file an initial statement
which are located within, plan to do busi- disclosing reportable investments, interests
ness, do business or have done business in real property and positions of manage-
during the preceding two (2) years within ment within thirty (30) days after the effec-
the city. rive date of such appointment, promotion or
B. Disclosure Category 3. Investments transfer to a designated position.
in and business positions held in business C. Officers and employees holding
entities and sources of income which: designated positions shall file an annual
1. Have interests in real property locat- statement no later than April 1st of the next
ed in whole or in part within the city: succeeding year. Such annual statements
2. Do business, plan to do business, or shall cover the period of the preceding
have done business during the preceding calendar year. The annual statement shall
two (2) year period within the city and disclose such reportable investments, inter-
which engage in architectural, planning, ests in real property, sources of income, and
engineering, construction, building, real positions of management as may be applica-
estate development or a related field, ble.
(Business positions need only be reported D. An employee or officer holding a
if the business entity has not otherwise been designated position who leaves such desig-
reported as an inveslment, source of income nated position voluntarily or involuntarily
or interest in real ~goperty.) shall fil~; within thirty (30) days thereof, a
C. Disclosure Category 4. Interests in leaving office statement. Such statement
real property which are located in whole or shall disclose reportable investments, inter-
in part within the city. (Ord. 9-94 § 2; Ord. ests in real property, income and positions
8-92 § 2; Ord. 18 § 3, 1982)
cm~,~in 4-9~) 28
2.24.050
of management held or received at any time come was. a gift, and a general description
during the period since the closing date of of the business activity, if any, of each
the previously filed annual statement. (Ord. ' source,
18 § 5, 1982) b. A statement whether the aggregate
value of income from each source, or in the
2.24.060 Contents of disclosure case of a loan, the highest amount owed to
statements, each source, was at least two hundred fifty
Disclosure statements shall be made on dollars ($250), but did not exceed one thou-
the forms supplied by the City Clerk and sand dollars ($1,000), whether it was in
shall contain the following information: excess of one thousand dollars ($1,000), or
A. Contents of Investment and/or Real whether it was greater than ten thousand
Property Reports. When an investment, or dollars ($10,000),
an interest in real pfoperty is required to be c. A description of the consideration, if
reported under the provisions of this code, any, for which the income was received by
the report shall contain: the filer,
1. A statement of the nature of the in- d. In the case of a gift, the amount and
vestment or interest in real property; date on which the gift was received,
2. The name of the business entity'in e. In the case of a loan, the annual
which each investment is held, and a gener- interest rate and the security, if any, given
al description of the business activity in for the loan;
which the business entity is engaged; 2. When the income of a business enti-
3. The address or other precise location ty, including income of a sole propri6tor-
of the real property; ship, is required to be reported by an em-
4. A statement whether the fair market ployee or officer holding a designated posi-
value of the investment or the interest in tion, the statement shall contain:
real property exceeds one thousand dollars a. The name and address and general
($1,000) but does not exceed ten thousand description of the business activity of the
dollars ($10,000), whether it exceeds ten business entity,
thousand dollars ($10,000) but does not b. In the case of a business entity which
exceed one hundred thousand dollars provides legal or brokerage services, the
($100,000), or whether it exceeds one hun- name of every person who paid fees to the
dred thousand dollars ($100,000); business entity if the filer's pro rata share
5. For purposes of disclosure under this of fees from such person was equal to or
code, '~interest in real property" does not greater than one thousand dollars ($1,000),
include the principal residence of the filer, c. In the case of a business entity not
B. Contents of income reports: covered by subsection B2a of this section,
1. When personal income or asource of the name of every person from whom the
personal inCome is required to be reP0~, business entity receiV~ Payments if the
this statement shall contain: f'fler's pro rata share of gross receipts from
a. The name and address of each source such person was equal to or greater than ten
of income aggregating two hundred fifty thousand dollars ($10,000) during a calen-
dollars ($250) or more in value if the in- dar year.
29 (Dublin 5-95)
2.24.060
C. Contents of Managemen. t Position meaning ascribed to it by Section 87103 of
Reports. When management positions are the Government Code. (Ord. 18 § 8, 1982)
required to be reported, officers and em-
ployees holding designated positions shall 2.;?,4.090 ' Manner of
list the names of each business entity not disqualification.
specified above in which they are a director, An officer or employee holding a desig-
officer, partner, trustee or employee, or in hated position required to disqualify himself
which they hold any position of manage- by the provisions of this code shall notify
ment. (Ord. 18 § 6, 1982) the City Manager in writing. The City Man-
ager shall forward such notification to the
2.24.070 Acquisition or disposal City Clerk for filing. (Ord. 18 § 9, 1982)
during reporting period.
In the disclosure statement filed under 2.24.100 Copies of regulations on
Section 2.24.050 C and D, if an investment file.
or interest in real property was partially or Copies of the Political Reform Act of
wholly acquired or disposed of during the 1974 and administrative regulations adopted
period covered by the statement, the date of pursuant thereto shall be maintained on file
such acquisition or disposal shall be report- and available for inspection in the office of
ed. (Ord. 18 § 7, 1982) the City Clerk. (Ord. 9-94 § 4: Ord. 18 §
10, 1982)
2,24.080 Disqualfficatlon.
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 f'm .an..cial 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
O~u~in s-gs) 30
ORDINANCE NO. - 02
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 DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1: The purpose of this ordinance is to comply with the requirement of Section 87306 of the
California Government Code to amend the City of Dublin's Conflict of Interest Code, Chapter 2.24 of the
Dublin Municipal Code, to reflect changed circumstances and the addition and deletion of positions with
the City.
SECTION 2: Section 2.24.020 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 those
positions are designated employees and, for purposes of the Political Reform Act of 1974, are deemed
to make, or participate in the making, of decisions that may foreseeably have a material effect on a
financial interest.
Designated Position Disclosure Category
AdminiStrative Services Director 2
Assistant City Manager 2
Building Official 3, 4
Community Development Director 3, 4
Economic Development Director 2
Parks & Community Services Director 2
Planning Manager 3, 4
Public Works Director/City Engineer 2
Consultants * 2
SECTION 3: 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 from 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
* 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.
ATFACHMENT 2
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Dublin on this __ day of
__, 2002, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
K2/G/5-21-02/ord-conflict of iht.doc (Item 6. ???)
J:\wp&Mnrsw\l 14\00 lX2002\Ord\conflictcode041602.rtl