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HomeMy WebLinkAbout04-02-2013 c9 adoption of resolution designating compliance with ethics training ab 1234counci lagenOa R6poat M=6na D,¢ 4/2/13 In Nun,bc j C 9 C I T Y O F S A N L U I S O B I S P O FROM : Michael Codron, Assistant City Manage r Prepared By : Maeve Kennedy Grimes, City Clerk SUBJECT : ADOPTION OF A RESOLUTION DESIGNATING LOCAL AGENC Y OFFICIALS AND ADVISORY BODIES THAT MUST COMPLY WIT H ETHICS TRAINING REQUIRED UNDER ASSEMBLY BILL 123 4 RECOMMENDATION Adopt a Resolution designating Local Agency Officials and certain Advisory Bodies that mus t comply with Ethics Training under AB 1234 . DISCUSSIO N On October 7, 2005, the Governor signed Assembly Bill No . 1234, which became effectiv e January 1, 2006, which is known as the Ethics Training Bill . AB 1234, Section 53235 (a) and (b ) state that if a local agency provides any type of compensation, salary, or stipend to a member of a • legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency official s shall receive at least two hours of training in general ethics principles and ethics law relevant t o his or her public service within one year of taking office and repeat the training every two year s (Attachment 1). The definition of "legislative body", Section 54952, "legislative body" states (Attachment 2): "(a) The governing body of a local agency or any other local body created by state o r federal statute . (b) A commission, committee, board, or other body of a local agency, whether permanen t or temporary, decision making or advisory, created by charter, ordinance, resolution, o r formal action of a legislative body . However, advisory committees, composed solely o f the members of the legislative body that are less than a quorum of the legislative body ar e not legislative bodies, except that standing committees of a legislative body, irrespectiv e of their composition, which have a continuing subject matter jurisdiction, or a meetin g schedule fixed by charter, ordinance, resolution, or formal action of a legislative body ar e legislative bodies for purposes of this chapter ." In October 2006, then City Attorney Jonathan Lowell provided comprehensive two hour training to certain officials . Since that time, the City Clerk has continued to retain certificates o f completion for those who have participated in this training . In addition, the City Clerk maintains • a log tracking local officials required to take the training, the date the individual satisfied th e requirement, and the entity that provided the training . The City Clerk sends notification to ne w filers and renewal notifications to current filers . This log and certificates are maintained for at Agenda Report — Assembly Bill 123 4 Page 2 least five years after the local officials receive the training and shall be subject to disclosur e under the California Public Records Act . The proposed Resolution (Attachment 3) will formalize the requirement and the Advisory Bodie s that must comply with AB 1234 . The City Attorney and staff reviewed the potential for eac h Advisory Body to receive reimbursements and determined that the Planning Commission and th e Architectural Review Commission receives compensation for meetings and the Advisory Bodie s that are eligible to receive reimbursement for expenses are the Housing Authority and th e Tourism Business Improvement District Board. Therefore, the above listed Advisory Bodies an d designated Local Agency Officials, including City Manager and Department Heads, should b e included in the adopting Resolution . In addition, all persons required to file Conflict of Interest Statements, Form 700, will b e encouraged to receive this training, however, no formal tracking will be required or maintained . ETHICS TRAINING AB 1234 mandates "Each local agency official shall receive at least two hours of training i n general ethics principles and ethics laws relevant to his or her public service every two years ." The Fair Political Practices Commission (FPPC) offers free online training . The training requires a participant to log onto the FPPC's website, review various screens of materials , take periodic tests to assure retention of the information and then print out a certificate . A local agency or an association of local agencies may offer one or more training courses or set s of self-study materials with tests, to meet the requirements of this section . The Director of Human Resources has indicated that the City's Human Resources Department can coordinate a n on-site training provided by an outside source . This would provide options for those required t o take the training . FISCAL IMPAC T The Human Resources Department has funding available in their budget to facilitate this trainin g in 2013 . There are no additional fiscal impacts associated with adopting the resolution . ALTERNATIVE S Do not approve the resolution . This alternative is not recommended, as there is currently no legislation delineating any officials or advisory bodies to comply with the requirements of the ethic s legislation . • • Agenda Report — Assembly Bill 123 4 • Page 3 • ATTACHMENTS : Attachment 1 Government Code Section 53235 (b) Required Trainin g Attachment 2 Government Code Section 54952 (a) and (b) definition Legislative Body Attachment 3 Resolutio n T :\Council Agenda Reports\2013\2013-04-02\Adoption of Reso Designation compliance with AB1234 (Codron-Grimes)\Council Agend a Report on ABI234 .doc • ATTACHMENT 1 • GOVERNMENT COD ESECTION 53234-53235 .2 53234 .For the purposes of this article, the following terms have the following meanings : (a) "Legislative body" has the same meaning as specified in Section 54952 . (b) "Local agency" means a city, county, city and county, charter city, charter county, charte r city and county, or special district . (c) "Local agency official" means the following : (1)Any member of a local agency legislative body or any elected local agency official who receives any type of compensation, salary, or stipend of reimbursement for actua l and necessary expenses incurred in the performance of official duties . (2)Any employee designated by a local agency governing body to receive the trainin g specified under this article . (d) "Ethics laws" include, but are not limited to, the following : (1)Laws relating to personal financial gain by public servants, including, but no t limited to, laws prohibiting bribery and conflict-of-interest laws . (2)Laws relating to claiming perquisites of office, including, but not limited to, gift an d travel restrictions, prohibitions against the use of public resources for personal or politica l purposes, prohibitions against gifts of public funds, mass mailing restrictions, an d prohibitions against acceptance of free or discounted transportation by transportatio n companies . (3)Government transparency laws, including, but not limited to, financial interes t disclosure requirements and open government laws .(4)Laws relating to fair processes , including, but not limited to, common law bias prohibitions, due process requirements , incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members . 53235 .(a) If a local agency provides any type of compensation, salary, or stipend to a membe r of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency official s shall receive training in ethics pursuant to this article . (b)Each local agency official shall receive at least two hours of training in general ethic s principles and ethics laws relevant to his or her public service every two years . (c)If any entity develops curricula to satisfy the requirements of this section, then the Fai r Political Practices Commission and the Attorney General shall be consulted regarding th e sufficiency and accuracy of any proposed course content . When reviewing any proposed cours e content the Fair Political Practices Commission and the Attorney General shall not preclude a n entity from also including local ethics policies in the curricula. • • (d) A local agency or an association of local agencies may offer one or more training courses , or sets of self-study materials with tests, to meet the requirements of this section . These course s may be taken at home, in-person, or online . (e)All providers of training courses to meet the requirements of this article shall provid e participants with proof of participation to meet the requirements of Section 53235 .2 . (f)A local agency shall provide information on training available to meet the requirements o f this article to its local officials at least once annually . 53235 .1 . (a) Each local agency official in local agency service as of January 1, 2006, except fo r officials whose term of office ends before January 9, 2007, shall receive the training required b y subdivision (a) of Section 53235 before January 1, 2007 . Thereafter, each local agency officia l shall receive the training required by subdivision (a) of Section 53235 at least once every two years . (b)Each local agency official who commences service with a local agency on or after Januar y 1, 2006, shall receive the training required by subdivision (a) of Section 53235 no later than on e year from the first day of service with the local agency. Thereafter, each local agency officia l shall receive the training required by subdivision (a) of Section 53235 at least once every tw o years . (c)A local agency official who serves more than one local agency shall satisfy th e requirements of this article once every two years without regard to the number of local agencies with which he or she serves . • 53235 .2 . (a) A local agency that requires its local agency officials to complete the ethica l training prescribed by this article shall maintain records indicating both of the following : (1)The dates that local officials satisfied the requirements of this article . (2)The entity that provided the training . (b) Notwithstanding any other provision of law, a local agency shall maintain these records fo r at least five years after local officials receive the training . These records are public record s subject to disclosure under the California Public Records Act (Chapter 3 .5 (commencing wit h Section 6250) of Division 7 of Title 1). ATTACHMENT 2 •GOVERNMENT COD ESECTION 54952 .7 -5495 3 54952 .7 .A legislative body of a local agency may require that a copy of this chapter be given t o each member of the legislative body and any person elected to serve as a member of th e legislative body who has not assumed the duties of office . An elected legislative body of a loca l agency may require that a copy of this chapter be given to each member of each legislative bod y all or a majority of whose members are appointed by or under the authority of the electe d legislative body . 54953 .(a) All meetings of the legislative body of a local agency shall be open and public, an d all persons shall be permitted to attend any meeting of the legislative body of a local agency , except as otherwise provided in this chapter . (b) (1) Notwithstanding any other provision of law, the legislative body of a local agenc y may use teleconferencing for the benefit of the public and the legislative body of a loca l agency in connection with any meeting or proceeding authorized by law . The teleconferenced meeting or proceeding shall comply with all requirements of this chapte r and all otherwise applicable provisions of law relating to a specific type of meeting o r proceeding . (2)Teleconferencing, as authorized by this section, may be used for all purposes i n connection with any meeting within the subject matter jurisdiction of the legislative body . All votes taken during a teleconferenced meeting shall be by rollcall . (3)If the legislative body of a local agency elects to use teleconferencing, it shall pos t agendas at all teleconference locations and conduct teleconference meetings in a manne r that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency . Each teleconference location shall b e identified in the notice and agenda of the meeting or proceeding, and each teleconferenc e location shall be accessible to the public . During the teleconference, at least a quorum o f the members of the legislative body shall participate from locations within the boundarie s of the territory over which the local agency exercises jurisdiction, except as provided i n subdivision (d). The agenda shall provide an opportunity for members of the public t o address the legislative body directly pursuant to Section 54954 .3 at each teleconferenc e location. (4)For the purposes of this section, "teleconference" means a meeting of a legislativ e body, the members of which are in different locations, connected by electronic means , through either audio or video, or both . Nothing in this section shall prohibit a loca l agency from providing the public with additional teleconference locations . (c) No legislative body shall take action by secret ballot, whether preliminary or final . (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3)of subdivisio n (b), when a health authority conducts a teleconference meeting, members who are outsid e the jurisdiction of the authority may be counted toward the establishment of a quoru m when participating in the teleconference if at least 50 percent of the number of member s C9-6 • 1 • that would establish a quorum are present within the boundaries of the territory ove r which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to cal l in to participate in the meeting and that number and access codes are identified in th e notice and agenda of the meeting . (2)Nothing in this subdivision shall be construed as discouraging health authorit y members from regularly meeting at a common physical site within the jurisdiction of th e authority or from using teleconference locations within or near the jurisdiction of the authority . A teleconference meeting for which a quorum is established pursuant to thi s subdivision shall be subject to all other requirements of this section . (3)For purposes of this subdivision, a health authority means any entity create d pursuant to Sections 14018 .7, 14087 .31, 14087 .35, 14087 .36, 14087 .38, and 14087 .960 5 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose o f contracting pursuant to Section 14087 .3 of the Welfare and Institutions Code, and an y advisory committee to a county sponsored health plan licensed pursuant to Chapter 2 .2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if th e advisory committee has 12 or more members . (4)This subdivision shall remain in effect only until January 1, 2018 . • ATTACHMENT 3 • RESOLUTION NO . (2013 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO , DESIGNATING LOCAL AGENCY OFFICIALS FOR THE PURPOSES OF CALIFORNI A GOVERNMENT CODE SECTION 53234, LISTING THE OFFICIALS AND ADVISOR Y BODIES THAT MUST COMPLY WITH ETHICS TRAINING REQUIRED UNDE R ASSEMBLY BILL 123 4 WHEREAS, In California, state laws create a complex set of requirement laws that guid e elected officials and agency staff in their service to their communities ; an d WHEREAS, Promoting understanding of and compliance with the laws governing publi c service ethics is necessary ; and WHEREAS, Assembly Bill 1234 was passed by the State Assembly and State Senate in Augus t 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 mus t 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 th e performance of official duties ; an d WHEREAS, Government Code Section 54952 (a) defines "legislative body" as the governin g body of a local agency or any other local body created by state or federal statute and subsectio n (b) further defines "legislative body" as a commission, committee, board, or other body of a loca l agency, whether permanent or temporary,, decision making or advisory, created by charter, ordinance, resolution or formal action of a legislative body . WHEREAS, Government Code Section 53234 (c)(2) requires any employee designated by a local agency legislative body to receive the training . NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Luis Obisp o does hereby designate the Local Agency Officials and Advisory Bodies listed in Exhibit A a s officials required to participate in ethics training pursuant to Government Code Section 53234 . • • Resolution No . xxxx (2013 Series ) • Upon motion of seconded by and on the following vote : AYES : NOES : ABSENT : The foregoing resolution was adopted this day of April, 2013 . Mayor Jan Marx ATTEST : Maeve Kennedy Grime s City Clerk • APPROVED AS TO FORM : J . Christine Dietric k J . Christine Dietric k City Attorne y • Resolution No . xxxx (2013 Series) EXHIBIT A LOCAL AGENCY OFFICIAL S DESIGNATED FOR AB 1234 TRAININ G ELECTED OFFICIALS : Mayo r Council Member s APPOINTED OFFICIALS and DEPARTMENT HEADS : City Manage r Assistant City Manage r City Attorney City Cler k Community Development Directo r Fire Chie f Chief of Polic e Director of Finance & Information Technolog y Human Resources Directo r Parks & Recreation Directo r Public Works Directo r Utilities Directo r ADVISORY BODIES : Architectural Review Commissio n Housing Authorit y Planning Commissio n Tourism Business Improvement District Board • • • C9-10