HomeMy WebLinkAboutItem 05 - Biennial Review of the City's Conflict of Interest Code Department Name: Administration
Cost Center: 1021
For Agenda of: June 16, 2020
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Teresa Purrington, City Clerk
Kevin Christian, Deputy City Clerk
SUBJECT: BIENNIAL REVIEW THE CITY’S CONFLICT OF INTEREST CODE
RECOMMENDATION
It is recommended that the City Council direct the review of the City’s Conflict of Interest Code
(Attachment A) and the filing of a Biennial Notice with the City Clerk regarding such review, as
required by the Political Reform Act.
DISCUSSION
The Political Reform Act of 1974 (the “Act”) requires every local government agency to adopt
and maintain a conflict of interest code. The primary effect of the code is to establish disclosure
requirements for various government positions involved in the requisite level of decision-making
as set forth in the Act. The Act requires each city to adopt a local conflict of interest code
designating city positions not otherwise designated in the Act itself, that are involved in making
or participating in the making of city decisions at all levels of city government.
The Act further requires that agencies review their conflict of interest code biennially to
determine if amendments are necessary. Amendments may be necessary for the following:
• The addition, deletion, or modification of the specific types of investments, business position,
interests in real property, and sources of income which are reportable for the designated
positions.
• Addition of, reclassification of, renaming of, or deletion of designated positions.
The Act provides that no later than July 1 of each even-numbered year, code-reviewing bodies
shall direct the review of all agency codes under their jurisdiction and requires that the agency
head (City Manager), no later than October 1, shall file a statement regarding the results of that
review. The City Council is the code-reviewing body for the City’s Code and on or before July 1
it must direct the biennial review of the City’s Conflict of Inter est Code.
Previous Council Action
The City’s Conflict of Interest Code was last updated by adoption of Resolution 10938 on
September 26, 2018.
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Policy Context
The Political Reform Act of 1974, Government Code Section 81000 requires all public agencies
to adopt and maintain a conflict of interest code. Additionally: The Act requires agencies to
regularly review and update their codes when change is necessitated by changed circumstances;
requires the code-reviewing body to direct a biennial review no later than July 1 of each even-
numbered year; requires that if a change in the Code is necessitated by this review, it must be
submitted to the City Council for approval within ninety (90) days of the filing of the Local
Agency Biennial Notice with the City Clerk; and requires that the agency head (City Manager),
no later than October 1, shall file a statement regarding the results of that review. (Gov. Code
§§§ 82011(c), 87306, 87306.5.)
Public Engagement
Notice was given in the form of agenda posting for the meeting that this item is being
considered, per Brown Act public noticing rules.
CONCURRENCE
The City Attorney’s office is in concurrence.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: FY 2019-20
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A
Cost associated with this review and update are included in the City Clerk Department’s annual
operating budget.
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ALTERNATIVES
State law requires that direction be given to review the current City Conflict of Interest Code and
therefore staff does not recommend an alternative.
Attachments:
a - COUNCIL READING FILE - R-10938 (2018 Series) Amending the City's Conflict of
Interest Code
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