The URL can be used to link to this page

Home My WebLink About4.14 Notice of Review of Conflict of Interest CodeSTAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.14 DATE:June 7, 2022 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Notice of Review of Conflict of Interest CodePreparedby:Marsha Moore,MMC,City Clerk EXECUTIVE SUMMARY:The Political Reform Act requires every local government agency to review its Conflict of InterestCode biennially to determine if it is accurate or if the Code needs amending. 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, 2022, if there is a need to amend the Conflict of Interest Code. STAFF RECOMMENDATION:Direct Staff to review the City’s Conflict of Interest Code and take the appropriate action. FINANCIAL IMPACT:None. DESCRIPTION: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 amending. The last biennial revision to the City’s Code was approved on October 6, 2020, and an additional revision was approved on May 18, 2021. 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 (Attachment 2)and make a determination, by October 1, 2022, if there is a need to amend the Code. (See Cal Gov’t Code §§ 82011(c), 87306.5). Staff has included those sections as Attachment 1. This Staff Report serves as the City Council’s notice to the City Attorney to consult with Staff and 352 Page 2 of 2 determine, by October 1, 2022, if there is a need to update the City’s 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 by October 1, 2022 indicating an amendment is necessary, the amendment must by heard and approved by the City Council within 90 days. The City’s amended Code will not be effective until it has been approved by the City Council. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) California Government Code Sections 82011 and 87306.52) Dublin Municipal Code Chapter 2.24 353 State of California GOVERNMENT CODE Section 82011 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 the Chief Justice’s 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). (Amended by Stats. 2021, Ch. 50, Sec. 134. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9. ) STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL Attachment 1 354 State of California GOVERNMENT CODE Section 87306.5 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. (Added by Stats. 1990, Ch. 1075, Sec. 5.) STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL 355 Chapter 2.24 CONFLICT OF INTEREST CODE Sections: 2.24.010 Purpose. 2.24.015 Incorporation of model code. 2.24.020 Designated positions. 2.24.030 Disclosure statements. 2.24.010 Purpose. Pursuant to the provisions of Government Code Section 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. (Ord. 14-16 § 1 (part)) 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. (Ord. 14-16 § 1 (part)) 2.24.020 Designated positions. For local officials specified in Government Code Section 87200 (including the Mayor, City Councilmembers, Planning Commissioners, City Manager, and City Attorney), no disclosure is required by this conflict of interest code as full disclosure is required by Government Code Section 87200 et seq. The positions listed in this section are designated positions, and this section is hereby deemed the Appendix referenced in the provisions incorporated by 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 The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022. Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 1 of 5 Attachment 2 356 Direc tor/Direc tor of Financ e 3 Ass is tant City Attorney 1 Ass is tant City Manager 1 Ass is tant to the City Manager 1 Ass is tant Director of Administrative Servic es/Budget 3 Ass is tant Director of Community Development 1 Ass is tant Director of Parks and Community Services 2, 3 Ass ociate Civil Engineer 1 Capital Improvement Program (CIP) Manager 1 Chief Building Offic ial 1 Chief Information Sec urity Offic er 1 City Clerk 3 City Clerk/Records Manager 3 City Engineer 1 Code Enforc ement Offic er 1 Communic ations Manager 1 The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022. Dublin Municipal C ode Chapter 2.24 C ONFLICT OF INTER EST COD E Page 2 of 5 357 Manager 1 Community Development Direc tor 1 “Consultant”* as defined in FPPC Reg. sec t. 18700.3 1 Deputy City Clerk 3 Economic Development Direc tor 1 Economic Development Direc tor/Public Information Officer 1 Env ironmental Coordinator 1 Financ e Analyst 1 Heritage and Cultural Arts Manager 1 Housing Specialist 1 Human Res ources Direc tor 3 Human Res ources Manager 3 Information Serv ic es Manager 3 Parks and Community Services Direc tor 1 Plan Check Engineer 1 Principal Planner 1 The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022. Dublin Municipal C ode Chapter 2.24 C ONFLICT OF INTER EST COD E Page 3 of 5 358 Public Works Direc tor/Assis tant City Engineer 1 Public Works Manager 1 Public Works Maintenanc e Superintendent 1 Public Works Transportation and Operations Manager 1 Recreation Manager 3 Recreation Supervisor 2, 3 Senior Civ il Engineer 1 Senior Code Enforcement Officer 1 Senior Planner 1 Spec ial Projects Manager 1 Senior Public Works Ins pec tor 1 Designated Boards and Commissions Disclosure Category Human Serv ices Commission 1 Heritage and Cultural Arts Commission 1 Parks and Community Services Commission 1 The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022. Dublin Municipal C ode Chapter 2.24 C ONFLICT OF INTER EST COD E Page 4 of 5 359 * Consultants /new positions shall be inc luded in the list of des ignated employees and s hall dis close purs uant to the terms of the Disclos ure Category 1, subject to the following limitation: The City Manager may determine in writing that a partic ular c onsultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in s cope and thus is not required to fully comply with the disclos ure requirements in this chapter. Such a written determination s hall inc lude a des c ription of the c onsultant’s or new position’s duties and, based upon that description, a s tatement of the extent of the dis closure requirements. The City Manager’s determination is a public rec ord and s hall be retained for public inspec tion in the same manner and location as this c onflic t of interes t c ode. (Gov . Code Sec tion 81008.) (Ord. 3-21 § 1; Ord. 16-20 § 1; Ord. 9-18 § 1; Ord. 14-16 § 1 (part)) 2.24.030 Disclosure statements. Des ignated pos itions shall be ass igned to one (1) or more dis c losure categories s et forth in this section. The disclos ure c ategories shall be spec ifically des c ribed as s et forth in this sec tion. Each employee or offic er holding a des ignated position s hall file statements disclos ing that employ ee’s or officer’s interests in inves tments , real property, inc ome and positions of management designated as reportable under the c ategory to whic h the employee’s or officer’s position is ass igned at the time, plac e and in the manner as hereinafter provided. A. Dis c losure 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 inves tments and business pos itions in busines s entities, and income, inc luding loans , gifts , and travel pay ments. B. Dis c losure 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. Disclos ure Category 3. Investments and bus ines s positions in bus iness entities, and inc ome, including loans , gifts , and travel payments, from s ources that provide s erv ices , s upplies , materials, machinery , or equipment of the type utiliz ed by the city . (Ord. 14-16 § 1 (part)) The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022. Dublin Municipal C ode Chapter 2.24 C ONFLICT OF INTER EST COD E Page 5 of 5 360