HomeMy WebLinkAboutItem 4.7 Conflict of Interest Code
STAFF REPORT CITY CLERK
File #640-40
CITY COUNCIL
DATE:December 18, 2012
TO:
Honorable Mayor and City Councilmembers
FROM:
Joni Pattillo, City Manager
SUBJECT:
Adoption of Ordinance Amending Chapter 2.24 of the Dublin Municipal Code
Relating to the City’s Conflict of Interest Code
Prepared by Stephen Muzio, Assistant City Attorney
EXECUTIVE SUMMARY:
The City Council will consider the adoption of an ordinance amending the City of Dublin Conflict
of Interest Code.
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 Reviewed By
City Attorney Assistant City Manager
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 adopted on December 21, 2010.
On September 18, 2012, 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 prepared revisions to the Conflict of Interest Code.
On December 4, 2012, Staff presented, and the City Council introduced, an ordinance that
would make the following changes to Chapter 2.24:
ITEM NO. 4.7
Page 1 of 2
Section 2.24.020 of the Conflict of Interest Code entitled, “Designated Positions” would be
amended to:
1) modify existing entries in the Code to reflect the official job titles used in the City’s
personnel classification system (“Chief Building Official,” “City Clerk/Records Manager,”
“Economic Development Director/Public Information Officer,” and “Information Systems
Manager);
2) remove a position that has been removed from the classification system (“Planning
Director”); and
3) add three City positions that were added to the classification system since the 2010
Code Update and that have been determined by Staff to “make or participate in the
making of governmental decisions” (“Assistant Director of Community Development,”
“Plan Check Engineer,” and “Public Works Transportation and Operations Manager.”)
The determination that the new positions require City employees to 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 the 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 Public Works
Transportation and Operations Manager position is currently unfilled, it 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.)
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
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
, at the September 21, 2012 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.
Designated Position Disclosure Category
Assistant City Attorney 1
Assistant City Manager 1
Assistant to the City Manager 1
Assistant Director of Community 1
Development
Assistant Director of Parks and 2,3
Community Services
Chief Building Official 1
City Clerk/Records Manager 3
City Engineer 1
Community Development Director 1
Economic Development 1
Director/Public Information Officer
Finance Manager 1
Heritage and Cultural Arts 1
Manager
Human Resources Director 3
Information Systems Manager 3
Parks and Community Services 1
Director
Parks and Community Services 2,3
Manager
Parks and Facilities Development 2,3
Manager
Plan Check Engineer 1
Planning Manager 1
Principal Planner 1
Public Works Director/Assistant 1
City Engineer
Public Works Manager 1
Public Works Transportation and 1
Operations Manager
*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 ___________, 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Tim Sbranti, Mayor
ATTEST:
_____________________________
Caroline Soto, City Clerk
2008350.1