HomeMy WebLinkAboutItem 5i. Direct the 2022 Biennial Review of the City's Conflict of Interest Code Item 5i
Department: Administration
Cost Center: 1021
For Agenda of: 6/21/2022
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Kevin Christian, Deputy City Clerk
SUBJECT: 2022 BIENNIAL REVIEW OF THE CITY’S CONFLICT OF INTEREST
CODE
RECOMMENDATION
Direct the review of the City’s Conflict of Interest Code 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 public officials, governmental employees, and
consultants, concerning their personal financial interests, based on their level of decision-
making for the agency. 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. This
disclosure is made through annual filing of a “Statement of Economic Interest” (Fair
Political Practices Commission Form 700) as well as upon assuming or leaving an office.
To maintain this Conflict-of-Interest Code, the Act further requires that agencies review
their code (Attachment A) 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 positions, 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, no later than October 1, shall file a statement regarding the results
of that review. In the case of the City of San Luis Obispo, the City Council is the code-
reviewing body, the city is the (only) agency under their jurisdiction, and the agency head
is the City Manager.
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Item 5i
A preliminary determination has been made that amendments are necessary to be made
to the current City Conflict-of-Interest Code1. Following Council direction to conduct the
biennial review, a detailed review will be conducted with final recommendations presented
to City Council by October.
Previous Council or Advisory Body Action
The City’s Conflict of Interest Code was last updated by adoption of Resolution 11163 on
September 15, 2020, Item #6.
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 approva l 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
Per Brown Act public noticing rules, notice was given in the form of agenda posting for
the meeting that this item is being considered.
CONCURRENCE
The City Attorney’s office is in concurrence with the recommendation.
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: NA Budget Year: 2021-22
Funding Identified: NA
1 Resolution No. 11163 (2020 Series) amending the City of San Luis Obispo Conflict -of-Interest Code
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Item 5i
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other:
Total $ $ $ $ NA
Cost associated with this review and update are included in the City Clerk Department’s
annual operating budget.
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.
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