HomeMy WebLinkAboutItem 4.04 Conflict of Interestor
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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
June 17, 2014
Honorable Mayor and City Councilmembers
Christopher L. Foss, City Manager "
Notice of Review of Conflict of Interest Code
Prepared by Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
CITY CLERK
File # 640 -40
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 direct Staff to
review the City's Conflict of Interest Code and make a determination by October 1, 2014, if there
is a need to amend the Conflict of Interest Code.
FINANCIAL IMPACT:
None at this time.
RECOMMENDATION:
Staff recommends that the City Council direct Staff to review the City's Conflict of Interest Code
and take the appropriate action.
F 7
Submitted By
City Clerk /Records Manager
DESCRIPTION:
\ Reviewed By
Assistant City Manager
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 18, 2012.
The City Council is the code reviewing body for City agencies, and the City Council must notify
Staff to review the City's Conflict of Interest Code and make a determination, by October 1,
2014, 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.
Page 1 of 2 ITEM NO. 4.4
This Staff Report serves as the City Council's notice to the City Attorney to consult with Staff
and determine, by October 1, 2014, if there is a need to update the City's Conflict of Interest
Code. If, after consultation with Staff, 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, 2014 indicating an amendment is
necessary, the amendment must be heard and approved by the City Council by December 30,
2014. 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
82011. "Code reviewing body" means all of the following:
(a) The commission, with respect to the conflict -of- interest code
of a state agency other than an agency in the judicial branch of
government, or any local government agency with jurisdiction in more
than one county.
(b) The board of supervisors, with respect to the
conflict -of- interest code of any county agency other than the board
of supervisors, or any agency of the judicial branch of government,
and of any local government agency, other than a city agency, with
jurisdiction wholly within the county.
(c) The city council, with respect to the conflict -of- interest
code of any city agency other than the city council.
(d) The Attorney General, with respect to the conflict -of- interest
code of the commission.
(e) The Chief Justice of California or his or her designee, with
respect to the conflict -of- interest code of the members of the
Judicial Council, Commission on Judicial Performance, and Board of
Governors of the State Bar of California.
(f) The Board of Governors of the State Bar of California with
respect to the conflict -of- interest code of the State Bar of
California.
(g) The Chief Justice of California, the administrative presiding
judges of the courts of appeal, and the presiding judges of superior
courts, or their designees, with respect to the conflict -of- interest
code of any agency of the judicial branch of government subject to
the immediate administrative supervision of that court.
(h) The Judicial Council of California, with respect to the
conflict -of- interest code of any state agency within the judicial
branch of government not included under subdivisions (e), (f), and
(g)
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.