HomeMy WebLinkAbout6.6 Conflict Of InterestCITY CLERK
File # �0� 0�-�D�
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 13, 1996
SUBJECT: PUBLIC HEARING
�' Amendment to City of Dublin Conflict of Interest Code
(Report Prepared by Kay Keck, City Clerk)
EXHIBITS ATTACHED: A) Chapter 2.24 of Dublin Municipal Code
B) Draft Ordinance
RECOMMENDATION:) �� 1) Open Public Hearing
`C/�'� 2) Receive Staff Report
3) Receive Public Testimony
4) Close Public Hearing
5) Deliberate
6) Waive reading and INTRODUCE Ordinance
FINANCIAL STATEMENT: None
DESCRIPTION: The City's Conflict of Interest Code was last amended in October of
1994. At that time, the Code was amended to incorporate changes as a result of the reorganization of the
City Manager's Office and the Administrative Services Department, and the position of Economic
Development Manager was added to the list of employees required to complete annual Statements of
Economic Interests.
In July of 1995, the City's Classification Plan was amended to add the position of Community
Development Director. The purpose of this amendment is to add this position to the City's Conflict of
Interest Code and to require disclosure in accordance with Categories 3 and 4.
Staff recommends that the City Council conduct a public hearing, waive the reading and INTRODUCE the
Ordinance amending Section 2.24.020 of the Dublin Municipal Code.
-------------------------------------------------
COPIES TO:
KZ/G/feb-96/as-coi. doc
ITEM NO.
C�
..-.....
. .
e':,
"
e-
Chapter 2.24
CONFLICT OF INTEREST
CODE
Sections:
2.24.010
2.24.020
2.24.030
2.24.040
2.24.050
2.24.060
Purpose.
Designated positions.
Disclosure statements.
Place of filing.
Time of filing.
Contents of disclosure
statements.
Acquisition or disposal
during reporting period.
Disqualification.
Manner of
disqualification.
Copies of regulations on
file.
2.24.070
2.24.080
2.24.090
2.24.100
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
interest code. Nothing contained herein is
intended to modify or abridge the provi~
sions of the Political Reform Act of 1974
(Government Code Section 81000, et seq.).
The provisions 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
administrative regulations promulgated
under authority of said Act by the Fair
Political Practices Commission shall govern
over any inconsistent provisions of this
code. Except as otherwise indicated, the
defmitions of said Act and regulations
2.24.010
adopted pursuant thereto are incorporated
herein and this code shall be interpreted in
a manner consistent therewith. (Ord. 18 ~ 1,
1982)
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 partic-
ipate in the making of decisions which may
foreseeably have a material effect on a fi-
nancial interest.
Designated Positions
Economic Development Manager
Planning Director
Recreation Director
Public Works Director/
City Engineer
Consultants.
Disclosure
Category
2
3.4
2
2
2
(. Those consultants which the City Manager deler.
mines lIRI not "consultants" pursuant to the Fair Politi.
caI Practices Commission Regulations are not required
to file economic inten:st statements.)
Officials Who Manage Public Investments
It has been determined that the position(s) listed below
manage public investments. are covered by FPPC
Regulation 18720 and should therefore me Fonn 721.
Administrative Services Director/Assistant City
Manager
(Ont. 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 me
statements disclosing that employee's or
27
(Dublin 5-9$)
E/{l-II a rr J.\
2.24.030
officer's interests in investments, real prop-
erty, income and positions of management
designated as reportable under the category
to which the employee's or officer's posi-
tion is assigned at the time, place and in the
manner as hereinafter 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 of Dublin. Inter-
ests in real property located in whole or in
part within the city of Dublin. Sources of
income as defmed by the Political Refonn
Act of 1974, as amended. Business posi-
tions 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
business or have done business during the
preceding two years within the city of Dub-
lin.
B. Disclosure Category 3. Investments
in and business positions held in business
entities and sources of income which:
1. Have interests in real property locat-
ed in whole or in part within the city of
Dublin;
2. Do business, plan to do business, or
have done business during the preceding
two' (2) year period within the city of Dub-
lin and which engage in architectural, plan-
ning, engineering, construction, building,
real estate development 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 of Dublin. (Ord. 9-94
~ 2; Ord. 8-92 ~ 2; Ord. 18 ~ 3, 1982)
(Dublia S-9S)
e-
2.24.040 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 pub-
lic inspection and reproduction. Statements
for all designated employees will be re-
tained by the City Clerk. (Ord. 9-94 ~ 3:
Ord. 18 ~ 4, 1982)
2.24.050 Time of filing.
A. An official or employee holding a
designated position shall submit an initial
statement within thirty (30) days after the
effective date of this code. The initial state-
ment shall disclose reportable investments
and interests in real property.
B. Officers and employees who are ap-
pointed, promoted or transferred to desig-
nated positions shall file an initial statement
disclosing reportable investments, interests
in real property and positions of manage-
ment within thirty (30) days after the effec.
tive date of such appointment, promotion or
transfer to a designated position.
C. Officers and employees holding
designated positions shall file an annual
statement no later than April 1 st of the next
succeeding year. Such annual statements
shall cover the period of the preceding
calendar year. The annual statement shall
disclose such reportable investments, inter-
ests in real property, sources of income, and
positions of management as may be applica-
ble.
D. An employee or officer holding a
designated position who leaves such desig-
nated position voluntarily or involuntarily
'shall file, within thirty (30) days thereof, a
leaving office statement. Such statement
shall disclose reportable investments, inter-
ests in real property, income and positions
e\
e
28
e":
of management held or received at any time
during the period since the closing date of
the previously filed annual statement. (Ord.
18 ~ 5, 1982)
.
2.24.060 Contents of disclosure
statements.
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 in-
vestment or interest in real property;
2. The name of the business entity in
which each investment is held, and a gener-
al description of the business activity in
which the business entity is engaged;
3. The address or other precise location
of the real property;
4. A statement whether the fair market
value of the investment or the interest in
real property exceeds one thousand dollars
($1,000) but does not exceed ten thousand
dollars ($10,000), whether it exceeds ten
thousand dollars ($10,000) but does not
exceed one hundred thousand dollars
($100,000), or whether it exceeds one hun-
dred thousand dollars ($100,000);
5. For purposes of disclosure under this
code, "interest in real property" does not
include the principal residence of the filer.
B. Contents of income reports:
1. When personal income or a source of
personal income is required to be reported,
this statement shall contain:
a. The name and address of each source
of income aggregating two hundred fifty
dollars ($250) or more in value if the in-
.
2.24.050
come was a gift, and a general description
of the business activity, if any, of each
source,
b. 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 at least two hundred fifty
dollars ($250), but did not exceed one thou-
sand dollars ($l,()OO), whether it was in
excess of one thousand dollars ($1,000), or
whether it was greater than ten thousand
dollars ($10,000),
c. A description of the consideration, if
any, for which the income was received by
the filer,
d. In the case of a gift, the amount and
date on which the gift was received,
e. In the case of a loan. the annual
interest rate and the security, if any, given
for the loan;
2. When the income of a business enti-
ty, including income of a sole proprietor-
ship, is required to be reported by an em-
ployee or officer holding a designated posi-
tion, the statement shall contain:
a. The name and address and general
description of the business activity of the
business entity,
b. In the case of a business entity which
provides legal or brokerage services, the
name of every person who paid fees to the
business entity if the filer's pro rata share
of fees from such person was equal to or
greater than one thousand dollars ($1,000),
c. In the case of a business entity not
covered by subsection B2a of this section,
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 calen-
dar year.
29
(Dublia 5-95)
2.24.060
C. Contents of Management Position
Reports. When management positions are
required to be reported, officers and em-
ployees holding designated positions shall
list the names of each business entity not
specified above in which they are a director,
officer, partner, trustee or employee, or in
which they hold any position of manage-
ment. (Ord. 18 ~ 6, 1982)
2.24.070 Acquisition or disposal
during reporting period.
In the disclosure statement filed under
Section 2.24.050 C and D, if an investment
or interest in real property was partially or
wholly acquired or disposed of during the
period covered by the statement. the date of
such acquisition or disposal shall be report-
ed. (Ord. 18 ~ 7, 1982)
2.24.080 Disqualification.
A. Officers and employees holding
designated positions must disqualify them-
selves 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 inter-
est when it is reasonably 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 without his participation.
B. Notwithstanding the designation of
employees and positions herein, no official
or employee of the city shall make or par-
ticipate 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 fi-
nancial interest. For the purpose of this sub-
section, fmancial interest shall have the
CDubliD 5-95)
30
e
meaning ascribed to it by Section 87103 of
the Government Code. (Ord. 18 fi 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 Man-
ager shall forward such notification to the
City Clerk for f1ling. (Ord. 18 fi 9, 1982)
2.24.100 Copies of regulations on
me.
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 fi 4: 000. 18 ~
10, 1982)
.
..
.'-
e:
.
.
ORDINANCE NO. ~ 96
AN ORDINANCE OF THE CITY OF DUBLIN
*********************
AMENDING SECTION 2.24.020 OF THE DUBLIN MUNICIPAL CODE
RELATING TO THE CITY'S CONFLICT OF INTEREST CODE
The City Council of the City of Dublin does ordain as follows:
Section 1. Section 2.24.020 DESIGNATED POSITIONS, TABLE 2.24.020, of the
City of Dublin Municipal Code is amended to read as follows:
Desianated Positions
Disclosure Cateaorv
Community Development Director
Economic Development Manager
Parks & Community Services Director
Planning Director
Public Works Director/City Engineer
Consultants"
3,4
2
2
3,4
2
2
(* Those consultants which the City Manager determines are not "consultants" pursuant
fo the Fair Political Practices Commission Regulations are not required to file economic
interest statements.) ,
Officials Who Manage Public Investments:
It has been determined that the jlosition(s) listed below manaQ1! public investments, are
covered by FPPC Regulation 18720 and should therefore filerorm 721.
Administrative Services Director/Assistant City Manager
Section 2. This Ordinance shall take effect and be in force 30 days following its
adoption. 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 this
day of , 1996, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
City Clerk
K2/G/feb-96/ord--coi.doc
Ej<J..) ) a rr B