HomeMy WebLinkAboutItem 11n - Review of City's Conflict of Interest Code
DATE: June 5, 2018
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
Prepared by: Lisa Mussenden, Chief Deputy City Clerk/Records Manager
SUBJECT: DIRECT THE CITY MANAGER TO REVIEW THE CITY’S CONFLICT OF
INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF
1974
Recommendation: Approve
SUMMARY
California law requires cities to review their Conflict of Interest Codes prior to October 1
of each even-numbered year. It is recommended that the City Council direct the City
Manager to begin this process and submit any recommended updates to the City
Council for consideration and adoption prior to the October 1 deadline.
BACKGROUND
The Political Reform Act of 1974 (the “Act”) and, in particular, Government Code
Section 87306.5 requires that no later than July 1 of each even -numbered year, the City
Council, as the City’s code-reviewing body, direct the City Manager, or their designee,
to review the City’s Conflict of Interest Code (the “Code”) in order to determine if
changes are necessitated by changed circumstances and, if necessary, that a revised
Code be submitted to the City Council for approval.
DISCUSSION
The Political Reform Act of 1974 as amended requires every local agency to review its
Conflict of Interest Code by October 1 of even-numbered years and determine whether
it is up-to-date or in need of revision. The Conflict of Interest Code sets out those job
classifications within the City that are decision-making positions, but are not among
those positions mandated by state law to file Statements of Economic Interests (“Form
700”). The positions mandated by state law (Government Code Section 87200) to file
Statements of Economic Interests are: the City Council, City Manager, City Attorney,
City Treasurer, and the Planning Commission.
Review of City’s Conflict of Interest Code
June 5, 2018
Page 2 of 2
The City Council determines, with input from staff, what other job classifications entail
the making or participation in the making of governmental decisions which may
foreseeably have a material effect on any financial interest (Government Code Section
82019). Such designated positions would then be included in the City’s Conflict of
Interest Code. Individuals identified as holding those positions would be required to file
Statement of Economic Interests.
Additionally, the Act requires that the City Manager file a statement regarding the results
of the review no later than October 1. 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.
In order to remain compliant with the law, it is recommended that the City Council direct
the City Manager to begin the process of reviewing the City’s Conflict of Interest Code,
and that such review should be completed and any amendments presented to the City
Council for consideration by October 1.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
FISCAL IMPACT
There is no fiscal impact associated with the review of the City’s Conflict of Interest
Code.
RECOMMENDATION
It is recommended the City Council direct the City Manager, or his designee, to have the
City’s Conflict of Interest Code reviewed pursuant to Government Code Section
87306.5, file a statement of review with the City Clerk’s Office no later than October 1,
2018, and have the Conflict of Interest Code revised based upon such review, if
necessary.