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HomeMy WebLinkAbout4.3 Amend Conflict of Interest or 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File # 640-40 DATE: November 18, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Introduction of Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City's Conflict of Interest Code Prepared by John D. Bakker, City Attorney EXECUTIVE SUMMARY: The Political Reform Act requires the City to adopt a conflict of interest code that designates the employment positions that are required to file statements of economic interests under the Act. The Act requires the City to biennially review the conflict of interest code to determine whether any changes in the City organization necessitate a revision to the Code. Following such review, Staff is presenting an ordinance that would designate four new positions required to file statements of economic interest. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council waive the reading and INTRODUCE an Ordinance Amending Dublin Municipal Code Chapter 2.24, Relating to the City's Conflict of Interest Code. Reviewed By Assistant City Manager DESCRIPTION: The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required. (See Cal. Gov't Code § 87306.5). The Code designates the employment positions in the City that are required to file statements of economic interests under the Act. The City's Conflict of Interest Code is located in Chapter 2.24 of the Municipal Code. The last amendments to the City's Code were adopted on December 18, 2012. Page 1 of 2 ITEM NO. 4.3 On September 16, 2014, upon receipt of a Staff Report describing the necessary amendments to the City's Conflict of Interest Code, the City Council directed staff to draft an ordinance revising the City's existing Conflict of Interest Code to include the changes described below. In accordance with this direction, City staff prepared revisions to the Conflict of Interest Code. Section 2.24.020 of the Conflict of Interest Code entitled, "Designated Positions" would be amended to: Add four City positions that were added to the classification system since the 2012 Code Update and that have been determined by Staff to "make or participate in the making of governmental decisions" a. Assistant Director of Administrative Services/Budget, b. Budget Manager, c. Public Works Director/Assistant City Engineer, and d. Special Projects Manager The determination that the new positions require City employees to make or participate in the making of governmental decisions pursuant to the authorities cited above was made based upon a review of the organizational chart of the City and the job descriptions of current management positions with the City. These positions have been assigned the appropriate disclosure category, in light of the scope of their duties NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENTS: 1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code Page 2 of 2 ORDINANCE NO. xx - 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * AMENDING CHAPTER 2.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE CITY'S CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act located at Government Code Section 81000 et seq., requires every local government agency to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required; and WHEREAS, at the September 16, 2014 City Council meeting, City staff informed the Council that amendments to the City's Conflict of Interest Code are necessary to accurately reflect all of the designated positions within the City which are required by state law to disclose financial interests, and to include appropriate disclosure categories for each of the designated positions. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Section 2.24.020 of Chapter 2.24 of the Dublin Municipal Code is hereby amended to read as follows: Section 2.24.020 Designated Positions. The positions listed below are designated positions. Officers and employees holding these positions are designated employees and, for the purposes of the Political Reform Act of 1974, are deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. Designated Position Disclosure Category Assistant City Attorney 1 Assistant City Manager 1 Assistant to the City Manager 1 Assistant Director of 1 Administrative Services/Budget Assistant Director of Community 1 Development Assistant Director of Parks and 273 Community Services Assistant Public Works 1 Director/City Engineer Budget Manager 273 Chief Building Official 1 City Clerk/Records Manager 3 City Engineer 1 Community Development Director 1 Economic Development 1 Reso No.XX-14,Adopted XX/XX/XX, Item x.x Pagel of 3 Director/Public Information Officer Finance Manager 1 Heritage and Cultural Arts 1 Manager Human Resources Director 3 Information Systems Manager 3 Parks and Community Services 1 Director Parks and Community Services 2,3 Manager Parks and Facilities Development 2,3 Manager Plan Check Engineer 1 Planning Manager 1 Principal Planner 1 Public Works Director/Assistant 1 City Engineer Public Works Manager 1 Public Works Transportation and 1 Operations Manager Special Projects Manager 2,3 *Consultants shall be included in the list of designated employees and shall disclose pursuant to the terms of the 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 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 determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The City's 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. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. 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 this _th day of , 2014. AYES: Reso No.XX-14,Adopted XX/XX/XX, Item x.x Page 2 of 3 NOES. ABSENT: ABSTAIN: Tim Sbranti, Mayor ATTEST: Caroline Soto, City Clerk Reso No.XX-14,Adopted XX/XX/XX, Item x.x Page 3 of 3