HomeMy WebLinkAbout4.8 Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest CodeSTAFF REPORT
CITY COUNCIL
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Agenda Item 4.8
DATE:May 4, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining
to the City’s Conflict of Interest Code
Prepared by: Jordyn Bishop, Acting Assistant City Attorney
EXECUTIVE SUMMARY:
The City Council will consider amending the current Conflict of Interest Code to update the list of
designated positions that must file a Statement of Economic Interests (Form 700).
STAFF RECOMMENDATION:
Waive the reading and INTRODUCE the Ordinance Amending Chapter 2.24 of the Dublin
Municipal Code Relating to the City’s Conflict of Interest Code.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Political Reform Act (Act) prohibits a public official from using their official position to
influence a governmental decision in which they have a financial interest. The City must maintain
a Conflict of Interest Code that identifies all officials and employees who make governmental
decisions based on the positions they hold. The individuals identified in the Conflict of Interest
Code must publicly disclose their designated financial interests by filing a Statement of Economic
Interests (Form 700).
A local agency’s conflict of interest code is not applicable to mayors, city councilmembers,
planning commission members, city managers, or city attorneys, as Government Code Section
87200 requires full Form 700 disclosure for individuals holding these positions. The proposed
amendment includes a reference to this requirement for purposes of clarity.
The City’s Conflict of Interest Code is located in Chapter 2.24 of the Dublin Municipal Code. The
Act requires the City to biennially review and determine whether amendments to the Code are
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required. (Gov. Code § 87306.5.) The City Council recently amended the Conflict of Interest Code
on October 6, 2020 pursuant to this requirement to add and delete certain City positions impacted
by the Code.
The Act also requires the City amend its Conflict of Interest Code when revisions are necessitated
by changed circumstances. (Gov. Code § 87306.) During review of the Code and the FPPC
regulations governing the update process, Staff identified necessary changes to the designated
positions list and recommends the following changes to Chapter 2.24.
1. Amend Section 2.24.020 of the Conflict of Interest Code titled “Designated Positions” to add
one City position determined by Staff to “make or participate in the making of
governmental decisions.” This position (and accompanying disclosure category) is:
a. Chief Information Security Officer (disclosure category 1)
2. Amend Section 2.24.020 of the Conflict of Interest Code titled “Designated Positions” to
delete one reference to a position that was inadvertently listed twice.
a. Senior Management Analyst (disclosure category 3)
3. Amend Section 2.24.020 of the Conflict of Interest Code titled “Designated Positions” to
include the members of the following Boards and Commissions determined by Staff to
“make or participate in the making of governmental decisions.” These positions (and
accompanying disclosure categories) are:
a. Human Services Commission (disclosure category 1)
b. Heritage and Cultural Arts Commission (disclosure category 1)
c. Parks and Community Services Commission (disclosure category 1)
A designated positions list should exclude members of purely advisory bodies. The City
previously excluded all advisory boards and commissions for this reason. However, FPPC
guidance suggests including them if a history develops showing involvement in decision-making.
The FPPC defines decision-making broadly, to include “participation” in a decision. Participation
means providing “information, an opinion, or a recommendation for the purpose of affecting the
decision without significant intervening substantive review.” (Regulation § 18704(b).) If a board
or commission participates in City decisions in this manner over time, then it should be
considered for inclusion on the designated positions list.
Recommendations from a board or commission may involve significant intervening substantive
review before City Council decides, but not always. For instance, agenda items with commission
recommendations may appear on the City Council’s consent calendar. Staff analyzed the FPPC
materials and recommends adding the above Commissions to the designated positions list, as
these bodies provide information, opinions, or recommendations to the City Council for the
purpose of affecting a decision.
The City’s amended Code will not be effective until it has been adopted by the City Council. (Gov.
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Code § 87303.) Staff recommends that the City Council waive the reading and introduce the
ordinance amending the Conflict of Interest Code consistent with the changes described above.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted and members on the Human Services Commission, Heritage
and Cultural Arts Commission, and Parks and Community Services Commission received a copy of
this Staff Report.
ATTACHMENTS:
1) Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City’s Conflict
of Interest Code
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Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 3
ORDINANCE NO. XX – 21
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 codified at Government Code Section 81000 et seq.,
requires every local government agency update its Conflict of Interest Code when revisions are
necessitated by changed circumstances; and
WHEREAS,following review of the Code, it was determined that the amendments
contained in this Ordinance were appropriate.
NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows:
Section 1. Chapter 2.24.020 is amended to read as follows (additions shown in italics and
deletions shown in strikethrough):
For local officials specified in Government Code Section 87200 (including the Mayor, City
Councilmembers, Planning Commissioners, City Manager, and City Attorney), no disclosure is
required by this Conflict of Interest Code as full disclosure is required by Government Code
Section 87200 et. seq.
The positions listed in this section are designated positions, and this section is hereby deemed
the Appendix referenced in the provisions incorporated by Section 2.24.015. Officers and
employees holding those positions are designated public officials, and are deemed to make, or
participate in the making of, decisions which may foreseeably have a material financial effect on
a financial interest of the designated public official. Each designated public official shall file an
annual statement disclosing that public official’s interests as required by the disclosure category
applicable to that public official.
Designated Position Disclosure Category
Administrative Services
Director/Director of Finance
3
Assistant City Attorney 1
Assistant City Manager 1
Assistant to the City Manager 1
Assistant Director of
Administrative Services/Budget
3
Assistant Director of Community
Development
1
Assistant Director of Parks &
Community Services
2,3
Associate Civil Engineer 1
Capital Improvement Program
(CIP) Manager
1
Chief Building Official 1
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Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 3
Chief Information Security Officer 1
City Clerk 3
City Clerk/Records Manager 3
City Engineer 1
Code Enforcement Officer 1
Communications Manager 1
Community Development Director 1
“Consultant”* as defined in FPPC
Reg. sect. 18700.3
1
Deputy City Clerk 3
Economic Development Director 1
Economic Development
Director/Public Information Officer
1
Environmental Coordinator 1
Finance Analyst 1
Heritage and Cultural Arts
Manager
1
Housing Specialist 1
Human Resources Director 3
Human Resources Manager 3
Information Services Manager 3
Parks & Community Services
Director
1
Plan Check Engineer 1
Principal Planner 1
Public Works Director/Assistant
City Engineer
1
Public Works Manager 1
Public Works Maintenance
Superintendent
1
Public Works Transportation and
Operations Manager
1
Recreation Manager 3
Recreation Supervisor 2,3
Senior Management Analyst 3
Senior Civil Engineer 1
Senior Code Enforcement Officer 1
Senior Management Analyst 3
Senior Planner 1
Special Projects Manager 1
Senior Public Works Inspector 1
Designated Boards and
Commissions
Disclosure Category
Human Services Commission 1
Heritage and Cultural Arts
Commission
1
Parks and Community Services
Commission
1
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Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 3 of 3
* Consultants/new positions shall be included in the list of designated employees and shall
disclose pursuant to the terms of the Disclosure Category 1, subject to the following limitation:
The City Manager may determine in writing that a particular consultant or new position,
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 or new position’s duties and
based upon that description, a statement of the extent of the 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. (Gov. Code Section 81008.)
Section 2.Effective Date. This Ordinance shall take effect and be enforced thirty (30)
days following its final adoption.
Section 3.Posting. The City Clerk of the City of Dublin shall cause this Ordinance to
be posted in at least three 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 _______ 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
3739495.1
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