HomeMy WebLinkAboutR-11515 amending the City’s Ethics Training Requirement (AB 1234)R 11515
RESOLUTION NO. 11515 (2024 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DESIGNATING LOCAL AGENCY OFFICIALS
FOR THE PURPOSES OF CALIFORNIA GOVERNMENT CODE
SECTION 53234, LISTING THE OFFICIALS AND ADVISORY BODIES
THAT MUST COMPLY WITH ETHICS TRAINING REQUIRED UNDER
ASSEMBLY BILL 1234
WHEREAS, In California, state laws create a complex set of requirement laws that
guide elected officials and agency staff in their service to their communities; and
WHEREAS, Promoting understanding of and compliance with the laws governing
public service ethics is necessary; and
WHEREAS, Assembly Bill 1234 was passed by the State Assembly and State
Senate in August of 2005, signed by the Governor in October 2005 and codified, in part,
at Government Code Section 53234, et seq.; and
WHEREAS, Government Code Section 53234 (c)(1) identifies certain positions
that must comply with the required ethics training and defines a Local Agency Official as
any member of a local agency "legislative body" or any elected official who receives any
type of compensation, salary, or stipend or reimbursement for actual and necessary
expenses incurred in the performance of official duties; and
WHEREAS, Government Code Section 54952 (a) defines "legislative body" as the
governing body of a local agency or any other local body created by state or federal
statute and subsection (b) further defines "legislative body" as a commission, committee,
board, or other body of a local agency, whether permanent or temporary, decision making
or advisory, created by charter, ordinance, resolution or formal action of a legislative body;
and
WHEREAS, Government Code Section 53234 (c)(2) requires any employee
designated by a local agency legislative body to receive the training; and
WHEREAS, A review of the designated employees required to receive Ethics
training has been conducted, with the conclusion being that any employee or consultant
listed on the City’s “Designated Filer” listing for the City’s Conflict of Interest Code shall
also be required to receive Ethics training; and
WHEREAS, Certain elected and appointed officials are not designated in the City’s
Conflict of Interest Code as they are statutorily required to file conflict disclosures by
Government Code Section 87200 (known as “87200 filers”) but they are required to
receive Ethics training by AB 1234 and therefore shall be listed herein for this
requirement.
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Resolution No. 11515 (2024 Series) Page 2
R 11515
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
SECTION 1. Resolution No. 10432 (2013 Series) is hereby rescinded.
SECTION 2. Pursuant to Assembly Bill 1234, the City Council of the City of San
Luis Obispo does hereby designate the Local Agency Officials and Advisory Bodies listed
in Exhibit A as officials required to participate in Ethics training pursuant to Government
Code Section 53234.
SECTION 3. The City Council does further designate all employees, Advisory
Body members, and consultants not designated by Section 2 but that are listed in the
City’s Conflict of Interest Code on the “Designated Filers” list, to participate in Ethics
training per Government Code Section 53234 (c)(2).
Upon motion of Council Member Francis, seconded by Council Member
Shoresman, and on the following roll call vote:
AYES: Council Member Francis, Marx, Shoresman, Vice Mayor Pease, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3rd day of September 2024.
___________________________
Mayor Erica A. Stewart
ATTEST:
___________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
___________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington, City Clerk
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Resolution No. 11515 (2024 Series) Page 3
R 11515
EXHIBIT A
LOCAL AGENCY OFFICIALS
DESIGNATED FOR AB 1234 TRAINING
ELECTED OFFICIALS:
Mayor
Council Members
APPOINTED OFFICIALS and DEPARTMENT HEADS:
City Manager
City Attorney
City Treasurer
ADVISORY BODIES:
Planning Commission
Tourism Business Improvement District Board
CITY CONFLICT OF INTEREST CODE FILES:
All “Designated Filers” as found in the City’s current Conflict of Interest Code.
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