HomeMy WebLinkAboutItem 4.4 Fair Political Prac Commr'�E/roa��D
DATE
TO:
STAFF REPORT
CITY COUNCIL
October 2,- 2012
Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager(- ,k,k ;�f.- o
SUBJECT: Resolution Adopting FPPC Form 806
Prepared by Stephen Muzio, Assistant City Attorney
EXECUTIVE SUMMARY:
CITY CLERk
File #640 -40
The City Council will consider a resolution adopting California Fair Political Practices
Commission ( "FPPC ") Form 806 and directing the City Clerk to update and maintain the form on
the City's website.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
That the City Council adopt the attached Resolution adopting FPPC Form 806 for use in
accordance with FPPC Regulation 18705.5 of Title 2 of the California Code of Regulations.
Submitted By
City Clerk
DESCRIPTION:
C�o
Reviewed Byi
Park & Community
Services Director
BACKGROUND
FPPC Regulation 18705.5 of Title 2 of the California Code of Regulations ( "Section 18705.5 ")
prohibits public officials from voting on, or otherwise influencing, their own appointment to a
commission where the appointment would result in the payment of compensation of $250 or
more over a twelve -month period.
Last year, the FPPC sent warning letters to city councilmembers in several other jurisdictions
who had participated in decisions to appoint themselves to positions.on the boards of external
entities that paid compensation to board members. Pursuant to -the provisions of Section
18705.5, the FPPC concluded.that those decisions resulted in a material financial effect on the
personal finances of the appointees when the compensation they received as a result of their
appointment equaled or exceeded $250 within any twelve -month period.
Page 1 of 2 ITEM NO. 4.4
In March 2012, the FPPC revised Section 18705.5 to permit public officials to participate in
decisions to appoint themselves or immediate family members to compensated positions under
certain conditions.
STAFF ANALYSIS
The new FPPC regulation permits a public official to participate in making a decision to appoint
him or herself to a position that provides compensation of $250 or more over a twelve -month
period as long as three conditions are met:
1. The official's appointment is to serve on a committee, board, or commission of a public
agency; and
2. The appointment is required by law or joint powers agreement to be made by the body of
which the official is a member; and
3. The entity making the decision adopts and
appointed position for which compensation is
and the name of the public official who has
appointee.
posts on its website a form listing each
paid, the compensation for each position
been appointed as well as any alternate
The FPPC has adopted Form 806, "Agency Report of Public Official Appointments ", as the form
for posting in compliance with Section 18705.5. If adopted by the City Council, use of the Form
806 would enable City Councilmembers and other City Officials to participate in decisions
regarding their appointment to a compensated position on the board of another public entity if all
three conditions of Section 18705.5 are met. The proposed Resolution directs the City Clerk to
ensure that Form 806, and future updates to that form, are posted on the City's website.
Technically the City is not required to adopt the Form 806, so long as the individual members of
the City Council do not in any way participate in the making of a decision to appoint themselves
to a body that provides compensation. However, the FPPC regulation and related case law that
define what it means to "participate in making a decision ", take an extremely broad approach.
To avoid being deemed to have participated in making a decision, a Councilmember would have
to recuse him or herself from the City Council Chambers before any discussion takes place
whatsoever. Thus, practically speaking it would be extremely difficult to arrange for the
appointment of a member of the City Council to another governing body without any
participation by that member.
If adopted, the City Clerk will complete the Form 806 to reflect the existing appointments of
Councilmembers (and any other City officials) to the governing bodies of other public agencies
that pay compensation to their members, and will post the Form to the City's website. The City
Clerk will keep the form up -to -date to show any changes in: 1) the number of scheduled
meetings to be held by the governing board of the other agency; 2) the amount of compensation
paid to the board's members; or 3) any change as to which City official is serving on the board.
In addition, before any meeting at which the City Council votes on a new appointment to any
such board, the form will be updated to show as much information as is possible regarding the
board and its compensation of its members.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
None required.
ATTACHMENTS: 1. FPPC Form 806
2. Resolution Adopting FPPC Form 806
Page 2 of 2
Agency Report of:
Public Official Appointments A Public Document
1. Agency Name • 0 _
n, Department, or Region (1fApplrcable) I I For Official use Only
Date Posted:
Area Code /Phone Number E -mail
Page of
(Month, Aay, Year)
2. Appointments
Agency Boards and " Appt Date and
Name of Ap A
pofnled Parson Per NfeetingfAnnual Salary/Upend Commissions .:..: ` _ ' Length of Term
► Per Meeting: $
Marne ► I `
(Last, Fest) Appt Date
/.Estimated Annual.,
Aftennato, if any ► El SO-$1,00 ❑ $2,001- $3,000
(Last, Fist} Length Term
[3$1'001- $2.000 ❑
other
► I I ► Per Meeting: $
Warne
¢esF, Fast} Appt Da."e
1 EsfimatadAnnua(:
Altemate, if any 1 El 50-31,000 ❑ $2,001-33,000
(Las{ Fast} Length a! term
❑ 51,001 - 52,000 ❑
other
Marne > I I 1 Permeating: $
(Lest, Fast) ArPt Oae
► Es6matedAnnual:
Aitemate, if any ► (f El $0. 31,000 ❑ $2,001-°3,000
ast Fast) of Length term
❑ si,00i- s2,00o ❑
other
►N ► I paFt Har I ►Per Meeting: $
ame (Lest Fksf) e
Alternate, if any
(Last, Fast)
► Estimated Annual.
► ❑ So•$1,00o ❑ $z,00i- S3,000
Length of Term
[:1$1,001-$2,000 ❑
over
3. Verification
I have read and understand FPPC Regulation 18705.5. f have verified that the appointment andinformation identified above Is true to the hest ofmyinformation and belief.
S(gnatnre of AgencyHead or f)osignee
Print Name
Ttf(e (Month, bay, Year)
Comment:
FPPC Form 806 (5112)
FPPC Toll -Free Helpline: 8661ASK -FPPC (8661276 -3772)
Agency Report of:
Public Official Appointments
Background
This form is used to report additional compensation that
officials receive when appointing themselves to positions
on committees, boards or commissions of a public agency,
special district, and joint powers agency or authority. For
example, a city councilmember may be appointed to serve as
the city's representative on a joint powers insurance authority
or a metropolitan planning organization or mayor. (Regulation
18705.5, amended 03.2012)
Each agency must post on its website a single Form 806 which
lists all the paid appointed positions. When there is a change in
compensation or a new appointment, the Form 806 is updated
to reflect the change. The form must be updated promptly as
changes occur.
Initial Agency Posting
As soon as possible, each agency should prepare a Form
806 identifying all of the current paid appointments to other
governmental agencies. Thereafter, the form may be amended to
include the future appointments.
Instructions
This form must be posted prior to a vote (or consent item) to
appoint a governing board member to a paid position on another
agency.
Part 1. Agency Identification
Identify the agency name and information on who should be
contacted for information.
Part 2. Appointments
Identify the name of the other agency, board or commission. List
the name of the official, and an alternate, if any.
List the appointment date and the length of term the agency
official will serve. Disclose the stipend provided per meeting and
the estimated annual payment. The annual salary is an estimate
as it will likely vary depending on the number of meetings. It is
not necessary to revise the estimate at the end of the calendar
year.
Part 3. Verification
The agency head or hislher designee must sign the verification.
Frequently Asked Questions (FAQs)
1. When does an agency need to complete the Form 806?
A Form 806 is required when an agency's board members
vote on an appointment for a board member to serve on
another governmental agency and pay is provided.
2. The city council votes to serve as the city's housing authority,
a separate entity. Will the Form 806 be required?
If the council members receive an additional compensation
for serving on the housing authority, the Form 806 is required.
If there is no payment, the Form 806 is not required.
A Public Document
3. Are appointments made by a governing board to appoint
one of its members to serve as an officer of that board for
additional pay (e.g. mayor) required to be disclosed on Form
806?
Yes. Regulation 18705.5 permits voting on your own
appointment to position of mayor as well as other boards and
commissions so long as proper disclosure on the Form 806 is
made. This exception and disclosure apply to agencies with
governing boards that are elected or appointed.
4. In determining the salary, must the agency include mileage
reimbursements, travel payments, health benefits, and other
compensation?
No. The FPPC regulation only requires the reporting of the
stipend or salary.
5. Which agency must post the Form 8067
The agency that is voting to appoint a public official must post
the Form 806 on its website. The agency that the official will
serve as a member is not required to post the Form 806. The
form is not sent to the FPPC.
6. When must the Form 806 be amended?
The Form 806 should be amended promptly upon any of
the following circumstances: (1) the number of scheduled
meetings is changed, (2) there is a change in the
compensation paid to the members, or (3) there is a change
in membership on the board or commission.
7. When a body meets irregularly, how should the annual
compensation be estimated?
The agency should estimate compensation using the highest
number of meetings.
8. In 2093 our agency will have a new appointment to a new
agency. How is the Form 806 updated?
Before the agency votes on the appointment, the agency
should update the Form 806 and identify the other
governmental entity's name. If known, also include other
information such as the number of meetings and stipend.
As long as that information is posted prior to a vote of
the governing board on an appointment, the agency is in
compliance with Regulation 18705.5. Following the vote, the
agency must update the form to identify the individual that
will serve.
Privacy Information Notice
Information requested by the FPPC is used to administer and
enforce the Political Reform Act. Failure to provide information
may be a violation subject to penalties. All reports are public
records available for inspection and reproduction. direct
questions to FPPC's General Counsel. Fair Political Practices
Commission, 428 J Street, Ste. 620, Sacramento, CA 95814.
FPPC Form 8 06 (5112)
FPPC Toll -Free Helpline: 886/ASK-FPPC (6661276 -3772)
Agency Report of:
Public Official Appointments
Continuation Sheet
1. Agency Name
2. Appointments
A Public Document
Page of
Date Posted:
(Month, Day, Year)
Agency Boards and
Commission S.
Name of Appointed Person.
Appt Date and
t_ength.of Term
Per MeetingfRnnual SalarytStipend
Warne
► / /
► Per Meeting: $
Apt Date
1 Estimated Annuat:
fLast FV)
❑$0- $1,000 ❑$2,00143,000
Alternate, if any
1
LeraBth al Term
(Last Firs!)
❑ $1,Qfl1- $2,000 ❑
o!har
/
0 Permaeting: $
►Name
(testrk -4
AWDara
► Estimated Annual:
❑$0- $1,000 El $2,001-$3,000
Alternate, if any
►
Length of Tem+
Rant X;w)
❑$1,001 - $2,000 ❑
Q!her
►
Per Meeting: $
Marne
(Lest Fru)
Appt Da:e
/ Estimated Annual.,
❑$041,000 ❑$2,001 - $3,000
Alternate, if any
/
(Las!, Fist)
Length orTarm
0$1,001- 52,000 ❑
omer
1 l
1 Permeating: $
►NaMarne
(Lest Fkq)
Appt Dafe
► EstimatedAnnuaf:
❑ $0- $1,000 ❑ $2,00143,000
Alternate, if any
►
{Las{ Fits►)
Length of Term
❑ 51,001 - $2,000 ❑
over
►
Per Meeting: $
Warne
(Last Fir&11
A,*Daa
► EstimatedAnnuaf:
❑ $0- $1,000 ❑ $2,OQ1- 53,000
Alternate, if any
1
Bast Fast)
Length of Term
❑$1,001 - $2,000 ❑
Other
1
1 Per Meeting: $
►Name
(Cast Fist)
Appt Dale
1 Estimated Annual.,
❑50- 51,000 ❑$2,00143,000
Alternate, if any
/
(Last, First)
Length oITerm
❑ $1,041- $2,000 ❑
055er
FPPC Form 806 (5112)
FPPC Toll -Free Helpline: 866 /ASK -FPPC (8661275 -3772)
RESOLUTION NO. XX 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * **
ADOPTING FAIR POLITICAL PRACTICES COMMISSION FORM 806
WHEREAS, the Political Reform Act prohibits public officials from using their official
position to influence a government decision that will have a reasonably foreseeable, material,
financial effect on their personal finances; and
WHEREAS, the Fair Political Practices Commission ( "FPPC ") has amended Section
18705.5 of Title 2 of the California Code of Regulations ( "Section 18705.5 ") to permit a public
official to participate in making a decision to appoint him or herself to a position that entails
compensation of $250 or more over a twelve -month period so long as certain additional
conditions are met; and
WHEREAS, The FPPC has adopted "Form 806 - Agency Report of Public Official
Appointments" ( "Form 806 "), to be used by local agencies in complying with the provisions of
Section 18705.5; and
WHEREAS, a copy of Form 806 was attached to the Staff Report relating to this
Resolution and is incorporated herein by this reference; and
WHEREAS, the purpose of this Resolution is to formally adopt Form 806 so that its public
officials may participate in certain decisions regarding their appointment to a compensated
position on a public body.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby
adopt Form 806 and any amendments made thereto duly made by the FPPC.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to post Form 806 on
the City's website and to ensure that Form 806 is updated as necessary to include information
regarding current appointed positions as required by Section 18705.5.
PASSED, APPROVED AND ADOPTED this 2nd day of October 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk