HomeMy WebLinkAboutItem 11b - Amended Conflict of Interest Code
DATE: December 4, 2018
TO: Honorable Mayor and City Council
FROM: Stephen P. Deitsch, City Attorney
Prepared by: Lisa Mussenden, Chief Deputy City Clerk/Records Manager
SUBJECT: RESOLUTION NO. 7237 APPROVING AND ADOPTING AN AMENDED
CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL
REFORM ACT OF 1974
Recommendation: Adopt
SUMMARY
The Political Reform Act of 1974, Government Code Section 81000, et seq., requires
every local agency to review its Conflict of Interest Code (the “Code”) biennially to
determine if it is accurate or, alternatively, if it needs to be amended. As a result of the
biennial review, it is recommended that the City Council adopt Resolution No. 7237
approving and adopting an amended Conflict of Interest Code pursuant to the Political
Reform Act of 1974 (the “Act”).
BACKGROUND
Government Code Section 87306 of the Act requires that every agency adopt and
promulgate a Conflict of Interest Code that applies to officers, employees, and
consultants who are involved in the making of governmental decisions. The local
agency’s conflict of interest code must also reflect the current structure of the
organization and properly identify officials and employees who should be filing
Statement of Economic Interests (“Form 700s”). The Code tells public officials,
governmental employees, and consultants what financial interests they must disclose
on their Form 700s. It also provides transparency in local government as required
under the Political Reform Act. The primary effect of the Code is to establish conflict of
interest disclosure and disqualification requirements for various City positions that make
or participate in the making of decisions on behalf of the City as set forth in the Political
Reform Act. Form 700s are filed with the City Clerk’s office on an annual basis and
made available for public inspection.
Resolution No. 7237 adopting an Amended
Conflict of Interest Code
December 4, 2018
Page 2 of 2
The City Council last updated the Conflict of Interest Code in December of 2016;
therefore, it is time for the biennial review. In addition, since that time, a change has
occurred which necessitates the adoption of an amendment to the Code. The proposed
amendment to the Code includes the deletion of the Police Communications
Coordinator position. This position has not been used in many years, and the services
have been provided by an outside contractor whose duties do not meet the
requirements for inclusion in the Code. A copy of the City’s Conflict of Interest Code
showing the changes being made are attached to Resolution No. 7237.
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 as a result of adopting this Resolution.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 7237 approving and
adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of
1974.
Attachment – Resolution No. 7237