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STAFF REPORT C I T Y C L E R K
DUBLIN CITY COUNCIL File #^~ ~^^!~ - 4^OD
DATE: June 22, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJ • Notice of Review of Conflict of Interest Code
Prepared By: Caroline P. Soto, City Clerk
EXECUTIVE SUMMARY:
The Political Reform Act requires every local government agency to review its Conflict of
Interest Code biennially to determine if it is accurate or if the Code needs amendment. The City
Council is the code reviewing body for City agencies, and the City Council must notify itself that
the City will review and make a determination by October 1, 2010, if there is a need to amend
the Conflict of Interest Code.
FINANCIAL IMPACT:
None at this time.
RECOMMENDATION:
Direct Staff to review the City's Conflict of Interest Code and, if amendments are necessary,
submit proposed amendments to the Code for City Council approval or, if amendments are not
necessary, to so inform the City CounciL
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Submitted By
City Clerk
evi ed By
Assistant City Manager
Page 1 of 2 ITEM NO. •~
DESCRIPTION:
The Political Reform Act requires every local government agency to review its Conflict of
Interest Code ("Code") biennially to determine if it is accurate or if the Code needs amendment.
The last revision to the City's Code was approved on December 16, 2008.
The City Council is the code reviewing body for City agencies, and the City Council must notify
itself that the City will review and make a determination, by October 1, 2010, if there is a need
to amend the conflict of interest code (See Cal Gov't Code §§ 82011(c), 87306.5). Staff has
included that section as Attachment 1.
This Staff Report serves as the City Council's notice that the City Attorney will determine, by
October 1, 2010, if there is a need to update the City's Conflict of Interest Code. If the City
Attorney determines that no changes need to be made, the City shall submit a written statement
to that effect to the City Council no later than October 1 of the same year. If a notice is filed on
October 1, 2010 indicating an amendment is necessary, the amendment must be heard and
approved by the City Council by December 30, 2010. The City's amended code will not be
effective until it has been approved by the City Council.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Not applicable.
ATTACHMENTS: 1. Cal Gov't Code §§ 82011 (c), 87306.5
Page 2 of 2
WAIS Document Retrieval
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87306. (a) EveYy agency shall amend its Conflict of Inter: Code,
subject to the provisions of Section 87303, when change,"~'
necessitated by c anged circumstances, including the-'`.eation of new
positions which mus be designated pursuant to s. " vision (a) of
Section 87302 and re1 ant changes in the duti `~ assigned to existing
positions. Amendments'°~r~~evisions shall b~ubmitted to the code
reviewing body within 90`•days,yafter the anged circumstances
necessitating the amendmentS~Y~'~r,e bev,•me apparent. If after nine
months following the occurrence~` .'hose changes the Conflict of
Interest Code has not been am ed o- revised, the superior court may
issue any appropriate orde .~in an actio brought under the
procedures set forth i c~tion 87305.
(b) Notwithstan~d' g=~'subdivision (a), eve tate agency shall
submit to the cs d~ ~eviewing body a biennial re rt identifying
changes in it~"~, including, but not limited to all new positions
designate~ursuant to subdivision (a) of Section 87302, changes in
the lis~pf'reportable sources of income, and relevant changes in the
du~s assigned to existing positions. These reports shall be
~bmitted no later than March 1 of each odd-numbered year.
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.
87307. An agenc ~may at any time amend its Conflict of Inte st
Code, subject to ~ provisions of Section 87303, either on its own
initiative or in re~se to a petition submitted by a officer,
employee, member or co~~~~ltant of the agency, or a r ident of the
jurisdiction. If the ag ~~~+..,fails to act upon suc a petition within
ninety days, the petition~'~ ~~1,~ be deemed deni . Within thirty days
after the denial of a petit`~,, ,'the petition may appeal to the code
reviewing body. The code revi`e 'ng body s 1 either dismiss the
appeal or issue an appropriate~ er t he agency within ninety
days. ,
87308. Judicial review of a action of~.,, code reviewing body under
this chapter may be sough y the commissT4 by the agency, by an
officer, employee, me r or consultant of '~h agency, or by a
resident of the juri~ iction. ~~ ~,.
87309. No nflict of Interest Code or amendment shall be approved
by the co e reviewing body or upheld by a court if it:
(a) ails to provide reasonable assurance that all foreseeable /J.~ ~_~~_'~
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ATTACHMENT 1
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