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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