HomeMy WebLinkAboutItem 11d - Review of City's Conflict of Interest Code
DATE: July 19, 2022
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Linda Rodriguez, Assistant City Clerk
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
The Political Reform Act of 1974 (the “Act”, codified in Government Code Section
87306.5) requires that the City Council direct the City Manager to review the City of
Arcadia’s (“City”) Conflict of Interest Code (the “Code”) regularly in order to determine if
changes are necessary. The Code identifies those employees who need to file an
annual Statement of Economic Interest (Form 700) to ensure that they are not being
unduly influenced by gifts and other financial favors. If necessary, a revised Code
should be submitted to the City Council for approval.
It is recommended the City Council direct the City Manager 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, 2022, and have the
Conflict of Interest Code revised based upon such review, if necessary.
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 and not already 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
July 19, 2022
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 are then included in the City’s Conflict of Interest
Code. Individuals identified as holding those positions would be required to file a
Statement of Economic Interests annually.
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 90 days.
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 determine that this project is exempt under the
California Environmental Quality Act (“CEQA”); and direct the City Manager 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,
2022, and have the Conflict of Interest Code revised based upon such review, if
necessary.