HomeMy WebLinkAbout4.4 Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City's Conflict of Interest CodeCELEBRATING
STAFF REPORT
CITY COUNCIL
DUBLIN
CALIFORNIA
Agenda Item 4.4
DATE: November 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT : Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining
to the City's Conflict of Interest Code
Prepared by: Jordyn Bishop, Assistant City Attorney
EXECUTIVE SUMMARY:
At the June 7, 2022 meeting, the City Council directed Staff to review the City's Conflict of Interest
Code and make a determination if there is a need to update the Code. Staff conducted a review of
the Code and determined that several positions should be added or deleted. An Ordinance was
introduced on October 18, 2022 and is now ready for adoption.
STAFF RECOMMENDATION:
Waive the reading and adopt the Ordinance Amending Chapter 2.24 of the Dublin Municipal Code
Relating to the City's Conflict of Interest Code.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Political Reform Act (Act) prohibits a public official from using their official position to
influence a governmental decision in which they have a financial interest. The City must maintain
a Conflict of Interest Code that identifies all officials and employees who make governmental
decisions based on the positions they hold. The individuals identified in the Conflict of Interest
Code must publicly disclose their designated financial interests by filing a Statement of Economic
Interests (Form 700).
The City's Conflict of Interest Code is located in Chapter 2.24 of the Dublin 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
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state law. A local agency's conflict of interest code is not applicable to mayors, city
councilmembers, planning commission members, city managers, or city attorneys, as Government
Code Section 87200 requires full Form 700 disclosure for individuals holding these positions.
The Act requires the City to biennially review and determine whether amendments to the Code
are required. (Gov. Code § 87306.5.) 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. Pursuant to Government Code
Section 87306.5, City departments must determine whether amendments to the Code are
necessary and notify the City Council whether or not such amendments are required. (Gov. Code
§§ 82011(c), 87306.5.)
Based on previous direction from the City Council and the requirements of the Political Reform
Act, Staff completed a thorough review of the Conflict of Interest Code, the job specifications for all
City employment positions, as well as the FPPC regulations governing the update process and
recommends the following changes to Chapter 2.24.
1. Amend Section 2.24.020 of the Conflict of Interest Code entitled, "Designated Positions," to
add three (3) City positions determined by Staff to "make or participate in the making of
governmental decisions." These positions (and accompanying disclosure categories) are:
a. Environmental Sustainability Manager (disclosure category 1)
b. Planning Manager (disclosure category 1)
c. Management Analyst II (disclosure category 3)
2. Amend Section 2.24.020 of the Conflict of Interest Code entitled, "Designated Positions," to
delete two (2) City positions that have been eliminated.
a. Economic Development Director/Public Information Officer (deleted via Resolution No.
111-21)
b. Public Works Maintenance Superintendent (deleted via Resolution No. 110-22)
3. Amend Section 2.24.020 of the Conflict of Interest Code titled "Designated Positions" to
revise the title of three (3) City positions already designated in the Code. Those positions,
and accompanying disclosure category and revisions, are:
a. Administrative Services Director/Director of Finance (disclosure category 3). Revised
to Administrative Services Director (disclosure category 3).
b. Assistant Director of Administrative Services/Budget (disclosure category 3). Revised
to Assistant Director of Administrative Services (disclosure category 3).
c. City Engineer (disclosure category 1). Revised to Assistant Public Works Director/City
Engineer (disclosure category 1).
The City's amended Code will not be effective until it has been adopted by the City Council. (Gov.
Code § 87303.)
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The City Council introduced the ordinance at the October 18, 2022 Council meeting. Staff now
recommends that the City Council waive the second reading and adopt the Ordinance amending
the Conflict of Interest Code consistent with the changes described above.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict
of Interest Code
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Attachment I
ORDINANCE NO. XX — 22
AN ORDINANCE OF THE CITY COUNCIL
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 codified 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 ordain as follows:
Section 1. Chapter 2.24.020 is amended to read as follows (additions shown in italics and
deletions shown in ctrikcthrough):
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
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 and Community
Services
2,
3
Assistant Public Works
Director/City Engineer
1
Associate Civil Engineer
1
Ord. No. XX-22, Item X.X, Adopted XX/XX/22
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236
Attachment I
Capital Improvement
Program (CIP) Manager
1
Chief Building Official
1
Chief Information Security
Officer
1
City Clerk
3
City Clerk/Records
Manager
3
City Engineer
1-
Code Enforcement
Officer
1
Communications
Manager
1
Community Development
Director
1
"Consultant"* as defined
in FPPC Reg. sect.
18700.3
1
Deputy City Clerk
3
Economic Development
Director
1
Economic Development
Director/Public
1
Information Officer
Environmental
Coordinator
1
Environmental
Sustainability Manager
1
Finance Analyst
1
Heritage and Cultural Arts
Manager
1
Housing Specialist
1
Human Resources
Director
3
Human Resources
Manager
3
Information Services
Manager
3
Management Analyst 11
3
Parks and Community
Services Director
1
Plan Check Engineer
1
Planning Manager
1
Principal Planner
1
Public Works
Director/Assistant City
Engineer
1
Public Works Manager
1
Public Works
1-
Maintcnanco
Superintendent
Public Works
Transportation and
Operations Manager
1
Recreation Manager
3
Recreation Supervisor
2,
3
Senior Civil Engineer
1
Senior Code Enforcement
Officer
1
Senior Management
Analyst
3
Senior Planner
1
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 3 237
Attachment I
Special Projects Manager
1
Senior Public Works
Inspector
1
Designated Boards and
Commissions
Disclosure
Category
Human Services
Commission
1
Heritage and Cultural Arts
Commission
1
Parks and Community
Services Commission
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.)
Section 2. Effective Date. This Ordinance shall take effect and be enforced thirty (30)
days following its final adoption.
Section 3. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to
be posted in at least three 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 1st day of November 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 3 238