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Home My WebLink AboutItem 4.07 Conflict of Interest AmendG~~~ OP DU~~,2 ~ ~9~~~~j~ ~ ~ ~ ~'~Ll~o~~`D STAFF REPORT CITY CLERK DUBLIN CITY COUNCIL File # ^~~~-0~ DATE: December 21, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE : Adoption of Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City's Conflict of Interest Code Prepared By: Stephen Muzio, Associate Attorney EXECUTIVE SUMMARY: This is the second reading of an ordinance amending the City of Dublin Conflict of Interest Code to include the following positions: Assistant to the City Manager, Planning Director and Principal Planner. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council waive the reading and adopt an Ordinance amending Dublin Municipal Code Chapter 2.24, pertaining to the City's Conflict of Interest Code. ~ ~ Submitted By City Clerk evi ed y Assistant Ci anager Page 1 of 2 ITEM NO. ~' G DESCRIPTION: The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required. (See Cal. Gov't Code § 87306.5). The City's Conflict of Interest Code is located in Chapter 2.24 of the Municipal Code. The last amendments to the City's Code were approved on December 16, 2008. The City Council is the code reviewing body for City agencies. Pursuant to Government Code Section 87306.5, city agencies must determine whether amendments to the Code are necessary and notify the City Council by October 1, 2010 whether or not such amendments are required. (See Cal. Gov't Code § 87306.5). On September 21, 2010, upon receipt of a Staff Report describing the necessary amendments to the City's Conflict of Interest Code the City Council directed staff to draft an ordinance revising the City's existing Conflict of Interest Code to include the changes described above. In accordance with this direction, City Staff has prepared revisions to the Conflict of Interest Code. The specific changes to the Code are as follows: Section 2.24.020 of the Conflict of Interest Code entitled, "Designated Positions" would be amended to include several positions within the City government that have been determined by Staff to make or participate in-the making of governmental decisions pursuant to Government Code Section 87302(a), and in accordance with guidelines published by the Fair Political Practices Commission ("FPPC"). The positions that would be added to City's Conflict of Interest Code are: Assistant to the City Manager, Planning Director and Principal Planner. The determination that these City employees make or participate in the making of governmental decisions pursuant to the authorities cited above was made based upon a review of the organizational chart of the City and job descriptions of current management positions with the City. These positions have been assigned the appropriate disclosure category, in light of the scope of their duties. (Although the Assistant to the City Manager and Planning Director positions are currently unfilled, they may be filled at some point in the future, and have thus been added to the Conflict of Interest Code to ensure compliance with State law.) In addition to the above changes, the ordinance would make the following additional non- substantive changes: 1) the job titles listed in Section 2.24.020 have been alphabetized, and 2) the job title of the Public Works Director has been amended to reflect that position's title as listed in the City's organizational chart. On December 7, 2010, the City Council held a public hearing regarding the proposed ordinance. Following the public hearing the City Council waived the reading and introduced the ordinance. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENTS: 1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code. Page 2 of 2 '~ ~ C~RDINANCE NO. _ AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE CITY'S CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act located at Government Code Section 81000 et seq., requires every local government agency to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required; and WHEREAS, at the September 21, 2010 City Council meeting, City staff informed the Council that amendments to the City's Conflict of Interest Code are necessary to accurately reflect all of the designated positions within the City which are required by state law to disclose financial interests, and to include appropriate disclosure categories for each of the designated positions. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Section 2.24.020 of Chapter 2.24 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 these positions are designated employees and, for the purposes of the Political Reform Act of 1974, are deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. Desi nated Position Disclosure Cate o Assistant Cit Attorne 1 Assistant Cit Mana er 1 Assistant to the Cit Mana er 1 Assistant Director of Parks & Communit Services 2,3 Buildin Official 1 Cit Clerk 3 Cit En ineer 1 Communit Develo ment Director 1 Economic Develo ment Director 1 Finance Mana er 1 Heritage and Cultural Arts ` Mana er 1 Human Resources Director 3 Information Services Mana er 3 Parks & Community Services Director 1 Parks & Community Services Mana er 2,3 `~-~-Prrn~ ~"'~ ~ ~ 2I ~ 0 I ATTACHMENT 1 , - ---- - - Parks & Facilities Development Mana er 2,3 ~ Plannin Mana er 1 Plannin Director 1 Principal Planner 1 Public Works Director/Assistant Cit En ineer 1 Public Works Mana er 1 a a ~ *Consultants shall be included in the list of designated employees and shall disclose pursuant to the terms of the 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 chapter. Such a written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The City's 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. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. 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 this day of AYES: NOES: ABSENT: ABSTAIN: , 2010. Mayor ATTEST: City Clerk