HomeMy WebLinkAboutItem 4.12 - 1216 Conflict of Interest Ordinance
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STAFF REPORT
CITY COUNCIL
DATE: November 15, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Introduction of Ordinance Amending Chapter 2.24 of the Dublin Municipal
Code Pertaining to the City’s Conflict of Interest Code
Prepared by: John D. Bakker, City Attorney
EXECUTIVE SUMMARY:
At the September 6, 2016 meeting, City staff, as part of the biennial review required by
state law, informed the Council that amendments to the City’s Confl ict of Interest Code
are necessary to accurately reflect all of the designated positions within the City that are
required by state law to disclose financial interests and to include appropriate disclosure
categories for each of the designated positions. Staff has conducted a thorough review
of the Conflict of Interest Code and determined that a number of revisions should be
made. Staff proposes an amended Conflict of Interest Code adopting the Fair Political
Practice Commission’s model Conflict of Interest Code by reference; adding and
removing a number of positions from the list of designated positions; and revising some
disclosure categories for the listed positions.
STAFF RECOMMENDATION:
Waive the reading and INTRODUCE an Ordinance Amending Chapter 2.24 of the
Dublin Municipal Code, regarding the City's Conflict of Interest Code.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Political Reform Act prohibits certain public officials from being involved in decision-
making that will have an impact on their private financial interests. In addition, it
requires certain public officials to file a Statement of Economic Interests publicly
disclosing their private financial interests. The Act also makes the City responsible for
adopting a Conflict of Interest Code identifying those positions that must file Statements
of Economic Interest.
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The Act requires the City to review its Conflict of Interest Code biennially to determine
whether amendments to the Code are required. (See Gov. Code, § 87306.5). The City’s
Conflict of Interest Code is located in Chapter 2.24 of the Municipal Code. The City’s
Code identifies all positions within the City that participate in the making of
governmental decisions. These designated positions are required to disclose certain
financial interests under state law. The last amendments to the City’s Code were
adopted on December 2, 2014.
The City Council is the code reviewing body for City agencies. Pursuant to Government
Code Section 87306.5, City departments must determine whet her amendments to the
Code are necessary and notify the City Council whether or not such amendments are
required. (See Gov. Code, §§ 82011(c), 87306.5.)
Consistent with State Law, at the September 6, 2016 meeting, Staff provided notice to
City Council that amendments to the City’s Conflict of Interest Code are required.
Based on the previous direction from the City Council and the requirements of the
Political Reform Act, Staff has completed a thorough review of the Conflict of Interest
Code, the job specifications for all City employment positions, and the California Fair
Political Practices Commission (“FPPC”) regulations governing the update process.
Staff recommends the following changes to Chapter 2.24:
1. Replace Chapter 2.24 of the Dublin Municipal Code in its entirety with a new
Chapter 2.24 that incorporates by reference the terms and provisions of the Fair
Political Practices Commission’s model Conflict of Interest Code (FPPC Reg., §
18730).
2. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Designated
Positions,” to add twelve City positions that have been determined by Staff to
“make or participate in the making of governmental decisions.” These positions
(and the associated disclosure categories) are:
a. Administrative Services Director/Director of Finance (disclosure category
3)
b. Associate Civil Engineer (disclosure category 1)
c. Code Enforcement Officer (disclosure category 1)
d. Environmental Coordinator (disclosure category 1)
e. Housing Specialist (disclosure category 1)
f. Recreation Supervisor (disclosure category 2, 3)
g. Senior Management Analyst (disclosure category 3)
h. Senior Civil Engineer (disclosure category 1)
i. Senior Code Enforcement Officer (disclosure category 1)
j. Senior Plan Checker (disclosure category 1)
k. Senior Planner (disclosure category 1)
3. Remove from the “Designated Positions” list the City positions that have been
determined by Staff to not “make or participate in the making of governmental
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decisions.” These positions are:
a. Budget Manager
b. Finance Manager
c. Parks and Community Services Manager
d. Special Projects Manager
4. Amend the Disclosure Category assigned to the position, Assistant
Administrative Services Director/Budget, from 1 to 3. This position does not
participate in decisions affecting real property and therefore should not be
required to disclose interests in real property under Disclosure Category 1.
5. Amend Section 2.24.030 entitled, Disclosure statements, by deleting Disclosure
Categories 4, 5, and 6. No designated positions are assigned to any of these
three Disclosure Categories.
The City’s amended code will not be effective until it has been adopted by the City
Council. (See Gov. Code § 87303.)
Staff recommends that the City Council waive the readin g and introduce an ordinance
amending the Conflict of Interest Code consistent with the changes described above.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required.
ATTACHMENTS:
1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code
ORDINANCE 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, following review of the code, it was determined that the amendments
contained in this Ordinance were appropriate.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 2.24 of the Dublin Municipal Code is hereby deleted in its entirety and
replaced with a new Chapter 2.24 to read as follows:
2.24.010 Purpose.
Pursuant to the provisions of Government Code Sections 87300, et seq., the following provisions
constitute the Conflict of Interest Code for the City of Dublin. Nothing contained herein is
intended to modify or abridge the provisions of the Political Reform Act of 1974, as amended
(Government Code Section 81000 et seq.). The provisions of this Code are additional to
Government Code Section 87100 et seq., and other laws pertaining to conflicts of interest.
2.24.015 Incorporation of Model Code.
The terms and provisions of 2 California Code of Regulations Section 18730 and any
amendments to it, duly adopted by the Fair Political Practices Commission, are hereby
incorporated herein by reference.
2.24.020 Designated Positions.
The positions listed in this Section 2.24.020 are designated positions, and this section is hereby
deemed the Appendix referenced in the provisions incorporated section 2.24.015. Officers and
employees holding those positions are designated public officials, and are deemed to make, or
participate in the making of, decisions which may foreseeably have a material financial effect on
a financial interest of the designated public official. Each designated public official shall file an
annual statement disclosing that public official’s interests as required by the disclosure category
applicable to that public official.
Designated Position Disclosure Category
Administrative Services
Director/Director of Finance
3
Assistant City Attorney 1
Assistant City Manager 1
Assistant to the City Manager 1
Assistant Director of Administrative
Services/Budget
3
Assistant Director of Community
Development
1
Assistant Director of Parks &
Community Services
2,3
Associate Civil Engineer 1
Chief Building Official 1
City Clerk/Records Manager 3
City Engineer 1
Code Enforcement Officer 1
Community Development Director 1
“Consultant”* as defined in FPPC
Reg. sect. 18700.3
1
Economic Development
Director/Public Information Officer
1
Environmental Coordinator 1
Heritage and Cultural Arts Manager 1
Housing Specialist 1
Human Resources Director 3
Information Services Manager 3
Parks & Community Services
Director
1
Parks and Facilities Development
Manager
2, 3
Plan Check Engineer 1
Planning Manager 1
Principal Planner 1
Public Works Director/Assistant City
Engineer
1
Public Works Manager 1
Public Works Transportation and
Operations Manager
1
Recreation Supervisor 2,3
Senior Civil Engineer 1
Senior Code Enforcement Officer 1
Senior Management Analyst 3
Senior Plan Checker 1
Senior Planner 1
*Consultants/New Positions shall be included in the list of designated employees and shall
disclose pursuant to the terms of the Disclosure Category 1, subject to the following limitation:
The City Manager may determine in writing that a particular consultant or new position,
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 or new position’s duties and,
based upon that description, a statement of the extent of the 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. (Gov. Code Section 81008.)
2.24.030 Disclosure statements.
Designated positions shall be assigned to one (1) 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 disclosing that employee’s
or officer’s interests in investments, real property, income and positions 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 manner as hereinafter provided.
A. Disclosure Category 1. Interests in real property located within the city or within two (2)
miles of the boundaries of the city or within two (2) miles of any land owned or used by the city;
and investments and business positions in business entities, and income, including loans, gifts,
and travel payments.
B. Disclosure Category 2. Interests in real property located within the city or within two (2)
miles of the boundaries of the city or within two (2) miles of any land owned or used by the city.
C. Disclosure Category 3. Investments and business positions in business entities, and income,
including loans, gifts, and travel payments, from sources that provide services, supplies,
materials, machinery, or equipment of the type utilized by the city.
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.
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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 ___________, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
Caroline Soto, City Clerk
2726475.1