HomeMy WebLinkAboutItem 10c - Adopting an Amended Conflict of Interest Code
DATE: October 6, 2020
TO: Honorable Mayor and City Council
FROM: Stephen P. Deitsch, City Attorney
Prepared by: Linda Rodriguez, Assistant City Clerk
SUBJECT: RESOLUTION NO. 7337 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”) every two years to
determine if it is accurate or, alternatively, if it needs to be amended. The Conflict of
Interest Code must specifically designate all agency positions that make or participate in
the making of decisions. The Code must also assign specific types of personal assets to
be disclosed that may be affected by the exercise of powers and duties of that position.
During the past two years, several positions have been re-titled or redefined, which
requires amendment to the Code. As a result of the required review, it is recommended
that the City Council adopt Resolution No. 7337 approving and adopting an amended
Conflict of Interest Code pursuant to the Political Reform Act of 1974 (the “Act”).
BACKGROUND
The Political Reform Act (the “Act”) requires all public agencies to adopt and maintain a
Conflict of Interest Code containing the rules for disclosure of personal assets and the
prohibition from making or participating in making governmental decisions that may
affect any personal assets. The Conflict of Interest Code must specifically designate all
agency positions that make or participate in the making of decisions and assign specific
types of personal assets to be disclosed that may be affected by the exercise of powers
and duties of that position.
The Act further requires that an agency regularly review and update its Code as
necessary when directed by the code-reviewing body or when change is necessitated
by changed circumstances (Sections 87306 and 87306.5).
Resolution No. 7337 adopting an
Amended Conflict of Interest Code
October 6, 2020
Page 2 of 2
Pursuant to the Act, the City adopted its last updated Conflict of Interest Code on
December 4, 2018. Review of the Code was done as directed by City Council as the
City’s code-reviewing body and shows that it must be amended to include provisions for
electronic filing for certain filers, revise titles of existing positions, and clarify
requirements for disclosing interests. Staff has also included information for filers on
ethics training as required under AB 1234.
Attached to Resolution No. 7337 is a redline version of the proposed amended Conflict
of Interest Code showing the revisions made. There are two changes to the Code from
the prior update that reflect the changes in job duties and titles as a result of the City
Manager’s Office reorganization. These include the new position of Deputy City
Manager and Assistant City Clerk.
Government Code Section 87303 provides that no code or amendment to a code shall
be effective until it has been approved by the code-reviewing body.
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 determine that this project is exempt under the
California Environmental Quality Act (“CEQA”); and adopt Resolution No. 7337
approving and adopting an amended Conflict of Interest Code pursuant to the Political
Reform Act of 1974.
Attachment: Resolution No. 7337