RESOLUTION REVISING THE CITY’S CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS

 

Recommendation :

It is recommended that the City Council adopt the attached resolution revising the City’s Conflict of Interest Code for designated positions.

 

Background :

At its meeting of August 8, 2000, the City Clerk reported to Council that the City’s existing Conflict of Interest Code was no longer accurate and up to date and, therefore, required amendment. This determination was based on a review of the current Code, which is required on a biennial basis by the Political Reform Act. At that meeting, the City Council directed the City Clerk to appropriately amend the City’s Conflict of Interest Code, ensuring its accuracy, and to submit the amended Code to Council for final approval within 90 days, as required by State law.

The City’s Conflict of Interest Code was last updated and adopted October 27, 1998 (Council Resolution No. 98-5938). Because our current Code incorporates by reference the Fair Political Practices Commission’s standard model conflict of interest code (Commission Regulation 18730), which contains all of the provisions required for the body of a conflict of interest code, any changes to those provisions automatically become a part of the City’s Code, thus enabling our Code to always be up to date and in compliance with State law in that regard.

However, there is no standard model for the Code’s appendix, which specifies an agency’s designated positions (those that involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest). Since position titles and duties vary from agency to agency, the appendix for each individual agency is unique and is subject to change from time to time as changes occur within the agency. The addition of new positions which fall into that category, as well as the reclassification, renaming or deletion of previously designated positions, requires amending the Code.

The changes which necessitate amendment of the City’s Code at this time are (1) the establishment of a Public Works Commission; (2) a staff title change from Data Processing Technician to Information Systems Technician; (3) the elimination of the contract CIP engineer position (Public Works); and (4) the addition of the following positions: (a) Battalion Chief (Fire Department), (b) Planning Assistant (Community Development Department), (c) Associate Engineer (Public Works Department), and (d) Inspector (Public Works Department).

The disclosure categories established in the previous Conflict of Interest Code remain virtually unchanged, and the disclosure categories assigned to the various positions conform to those previously established.

Since a public hearing is not required by local government agencies for conflict of interest codes, this item has been scheduled as a municipal matter to provide the opportunity for interested persons to present their views (pursuant to Government Code Section 87311).

 

Alternative:

Refer the proposed Code for additional revision and resubmission within 60 days.

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