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HomeMy WebLinkAbout6.1 Conflict Of Interest CITY CLERK File # D~@][m-r1lra:J AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 21, 2004 Amendments to Conflict of Interest Code (Municipal Code Chapter 2.24) Report prepared by: Elizabeth H. Silver, City Attorney and Kay Keck, City Clerk SUBJECT: ATTACHMENTS: RECOMMENDATION: ~ FINANCIAL STATEMENT: None 1) 2) Chapter 2.24 of Dublin Municipal Code (Conflict ofInterest Code) Ordinance Amending Chapter 2.24 of the City's Conflict of Interest Code 1) 2) 3) 4) 5) 6) Open Public Hearing Receive StafI'Presentation Receive Public Testimony Close Public Hearing Deliberate Waive Reading and Introduce Ordinance DESCRIPTION: The Political Reform Act requires cities to adopt a Conflict of Interest Code that designates the staff positions within the city making governmental decisions that could foreseeably affect a financial interest of the employee. The Act also requires the Code to require the "designated employees" to annually disclose their financial interests. This is the first reading of an Ordinance which would make changes to Section 2.24.020 of Dublin Municipal Code related to designated employees. The following changes are proposed: 1. Split the designated position of Public Works Director/City Engineer into two separate designated positions (Public Works Director and City Engineer) to reflect personnel classification changes. 2. Add the position of Assistant City Attorney to the designated filer's list as subject to Disclosure Category 2. Recommendation: Staff recommends that the City Council conduct a public hearing; deliberate; waive the first reading and INTRODUCE the Ordinance. ~____________________~___________._________..._~~______.~~______________-.__~---------------a-~------.~~~-------------___~~_~ G:\CC·MTGS\2004-qtr3\Sept\09-21.Q4\as-coi.doc COPIES TO: ITEMNO.~ \ 6b' lY Chapter 2.24 CONFLICT OF INTEREST CODE Sections: 2.24.010 2.24.015 2.24.020 2.24.030 2.24.040 2.24.050 2.24.060 2.24.070 2.24.080 2.24.090 2.24.100 Purpose. Definitions. Designated positions. Disclosure statements. Disclosure statements- Place of filing. Disclosure statements- Time of filing-Contents and period covered. Disclosure statements- Manner of reporting. Acquisition or disposal during reporting period. Disqualification. Manner of disqualification. Copies of regulations on file. 2.24.010 Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq., the City Man- ager of the city, on behalf of the administra- tive staff of the city and all consultants, hereby adopts the following conflict of inter- est code. Nothing contained herein is intended to modify or abridge the provisions of the Political Refonn Act of 1974 (Govern- ment Code Section 81000, et seq.). The pro- visions of this code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interest, including but not limited to Government Code Section 1090, et seq. The provisions of the Political Reform Act of 1974 and admin- istrative regulations promulgated under \~7 2.24.010 authority of said Act by the Fair Political Practices Commission shall govern over any inconsistent provisions of this code. Except as otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are incorporated herein and this code shall be interpreted in a manner consistent therewith. (Ord. 18 § 1, 1982) 2.24.015 Definitions. The definitions contained in the Political Refonn Act of 1974, the regulations of the Fair Political Practices Commission (Cali- fornia Code of Regulations, Title 2, Sections 18100 through 18997), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (Ord. 9-02 § 2) 2.24.020 Designated positions. The positions listed below are designated positions. Officers and employees holding those positions are designated employees and, for purposes of the Political Reform Act of 1974, are deemed to make, or participate in the making, of decisions which may fore- seeably have a material effect on a financial interest. Designated Position Community Development Directór Economic Development Director Parks and Communi~ Services Director Planning Manager Public Works Director/ City Engineer· Building Official Assistant City Manager Disclosure Category 3,4 2 2 3,4 2 3,4 2 27 ~ -2-\~~ ~, I ATTACHMENT 1 2.24.030 Designated Position Administrative Services Director Consultants* Disclosure Category 2 2 * Consultants shall be included in the list of designated employees and shall disclose pursuant to the terms of Disclosure Category 2, subject to the following limita- tion: The city manager may determine in writing that a partic· ular consultant. although a "designated position" is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this chapter. Such a written determina- tion shall include a description of the consultant's duties and, based upon that description, a statement of the extent of discloslIte requirements. The city manager's determi- nation is a public record and shall be retaincd for Pllblic inspection in the same manner and location as this con- flict of interest code. (Drd. 9-02 § 3: Drd. 3-96 § 1: Drd. 9-94 § 1; Ord. 8-92 § 1; Ord. 5-83 § 1; Ord. 18 § 2, 1982) 2.24.030 Disclosure statements. Designated positions shall be assigned to one or more disclosure categories set forth in this section. The disclosure categories shall be specifically described as set forth in this section. Each employee or officer holding a designated position shall file statements dis- closing that employee's or officer's interests in investments, real property, income and positions of management designated as reportable under the category to which the employee's or officer's position is assigned at the time, place and in the manner as here- inafter provided. A. Disclosure Category 2. Investment in business entities which are located within, or do business, plan to do business, or have done business during the preceding two (2) year period within the city.' Interests in real property located in whole or in part within the city. Sources of income as defined by the Political Reform Act of 1974, as amended. (Dublin 9"02) ~r5b' Business positions with business entities not otherwise reported as investments, interest in real property or sources of income, which are located within, plan to do business, do busi· ness or have done business during the pre· ceding two (2) years within the city. B. Disclosure Category 3. Investments in and business positions held in business entities and sources of income which: 1. Have interests in real property located in whole or in part within the city: 2. Do business, plan to do business, or have done business during the preceding two (2) year period within the city and which engage in architectural, planning, engineer- ing, construction, building, real estate devel- opment or a related field. (Business positions need only be reported if the business entity has not otherwise been reported as an investment, source of income or interest in real property.) C. Disclosure Category 4. Interests in real property which are located in whole or in part within the city. (Ord. 9-94 § 2; Ord. 8- 92 §2; Ord. 18 § 3, 1982) 2.24.040 Disclosure statements- Place of filing. Designated employees required by this code to file disclosure statements shall file their statements with the City Clerk who will make the statements available for public inspections and reproduction. Statements for all designated employees will be retained by the City Clerk. (Ord. 9~02 § 4: Ord. 9-94 § 3: Ord. 18 § 4, 1982) 28 2.24.050 Disclosure statements- Time of filing-Contents and period covered. A. Initial Statements. Each person already in a position when it is designatedby an amendment to this code shaH file an initial statement within thirty (30) days after the effective date of the amendment. The initial statement shall disclose reportable invest- ments, interests in real property, and busi- ness positions held on the effective date of the amendment to the code and shaH disclose any income received during the twelve (12) months prior to the effective date of the amendment to the code. B. Assuming Office Statements. All per- sons assuming designated positions shall file an assuming office statement within thirty (30) days after assuming the designated posi~ tion. Assuming office statements shall dis- close any reportable investments, interests in real property, and business positions held on the date of assuming office and shall disclose income received during the twelve (12) months prior to the date of assuming office. C. Annual Statements. Persons holding designated positions shall file an annual statement no later than April 1 st. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year; provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office, whichever is later. D. Leaving Office Statements. AH per· sons who leave designated positions shaH file leaving office statements within thirty (30) days of leaving office. Leaving office statements shaH disclose reportable invest- ~rtü ( 2.24.050 ments, interests in real property, income and business positions held or received at any time during the period since the closing date of the previously filed statement and the date ofleaving office. (Ord. 9-02 § 5: Ord. 18 § 5, 1982) 2.24.060 Disclosure statements- Manner of reporting. Disclosure statements shall be made on the forms supplied by the City Clerk and shall contain the following information: A. Contents of Investment and/or Real Property Reports. When an investment, or an interest in real property is required to be reported under the provisions of this code, the report shall contain: 1. A statement of the nature of the investment or interest in real property; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or precise location of the real property; 4. A statement of whether the fair mar- ket value of the investment or the interest in real property exceeds one thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000); 5. For purposes of disclosure under this code, "interest in real property" does not include the principal residence of the filer. B. Contents of Personal Income Reports. When personal income or a source of per- sonal income is required to be reported, this statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars 29 (Dublin 9"02) 2.24.070 ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hun- dred thousand dollars ($100,000); 3. A description of the consideration, if any, for which filer received the income; 4. In the case of a gift, the name, address, and business activity of the donor and any intermediary through which the gift was made, a description of the gift, the amount or value of the gift, and date on which the filer received the gift; 5. In the case of a loan, the annual inter- est rate, the term of the loan, and the security, if any, given for the loan. C. Contents of Business Entity Income Reports. When the income of a business entity, including income ofa sole proprietor- ship, is required to be reported by an employee or officer holding a designated position, the statement shall contain: 1. The name and address and general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. D. Contents of Business Position Reports. When business positions are required to be reported, persons holding des- (DubJin 9-02) Ybl ignated positions shall list the names and address of each business entity in which the filer is a director, officer, partner, trustee or employee, or in which the filer holds any position of management, shall describe the business activity in which the business entity is engaged, and shall disclose the filer's posi- tion with the business entity. (Ord. 9-02 § 6: Ord. 18 § 6, 1982) 2.24.070 Acquisition or disposal during reporting period. In the case of an annual or leaving office statement, if an investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (Ord. 9-02 § 7: Ord. 18 § 7,1982) 2.24.080 Disqualification. A. Officers and employees holding des- ignated positions must disqualify themselves from making, participating in the making, or using their official position to influence the making of any decision in which they have a reportable financial interest when it is rea- sonably foreseeable that such interest might materially be affected by the decision. No such officer or employee shall be required to disqualify himself with respect to any matter which could not be legally acted upon with- out his participation. B. Notwithstanding the designation of employees and positions herein, no official or employee of the city shall make or partic- ipate in the making of a decision to or not to license, inspect, permit, contract, cite or investigate any business or property with which such official or employee has a finan- cial interest. For the purpose of this subsec- 30 tion, financial interest shall have the meaning ascribed to it by Section 87103 of the Government Code. (Ord. 18 § 8, 1982) 2.24.090 Manner of disqualification. An officer or employee holding a desig- nated position required to disqualify himself by the provisions of this code shall notify the City Manager in writing. The City Manager shall forward such notification to the City Clerk for filing. (Ord. 18 § 9, 1982) 2.24.100 Copies of regulations on file. Copies of the Political Reform Act of 1974 and administrative regulations adopted pursuant thereto shall be maintained on file and available for inspection in the office of the City Clerk. (Ord. 9-94 § 4: Ord. 18 § 10, 1982) 5Ob' 2.24.090 30-1 (Dublin 9-02) utr!J7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.24.0~O OF THE DUBLIN MUNICIPAL CODE AND DESIGNATING THREE NEW POSmONS AS DECISION MAKING POSmONS FOR PURPOSES OF THE CALIFORNIA POLITICAL REFORM ACT WHEREAS, the California Political Reform Act requires all local governmental agencies to review their conflict of interest codes biennially to determine if the code must be amended; and WHEREAS, California Elections Code section 87306(a) requires local agencies to amend their conflict of interest codes in the event of the creation of new positions which must be designated pursuant to subdivision (a) of California Elections Code section 87302; and WHEREAS, Section 2.24.020 of the Dublin Municipal Code provides that those positions listed in Section 2.24.020 of that Chapter shall be designated positions for purposes of California Elections Code 87302; and WHEREAS, Staff has determined that one designated position formerly performed by one person is now performed by two employees, that the list of designated positions should be amended to reflect this change, that an additional position should be designated, and that all three positions should be included in the list of designated positions contained in Dublin Municipal Code 2.24.020. NOW, THEREFORE, THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 2.24.020 of the Dublin Municipal Code be amended to separate the existing designated position of "Public Works Director/City Engineer" into two designated positions, and to add the position of "Assistant City Attorney" to the list of designated employees with disclosure obligations. Designated Position Disclosure Category Administrative Services Director Assistant City Attorney Assistant City Manager Building Official City Engineer Community Development Director Consultants· Economic Development Director Parks and Community Services Director Planning Manager Public Works Director 2 2 2 3,4 2 3,4 2 2 2 3,4 2 . Consultants shall be included in the list of designated employees and shall disclose pursuant to the tenns of Disclosure Category 2, subject to the following limitation: . The City Manager may determine in writing that a particular consultant, although a "designated position" is hired to peñorm a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this article. Such a written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The city manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 712926-1 ATTACHMENT 2 (~7 SECTION 2: PUBLICATION AND EFFECTIVE DATE. In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect and be in force thirty (30) days tÌ'om and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this 5th day of October, 2004, by the following votes: Ayes: Noes: Absent: Abstain: Mayor Attest: City Clerk 712926wl