PREPARED BY: SARAH MAROOF DATE OF MEETING: 08/05/2024
SUBJECT:
TITLE
CONSIDER ADOPTING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING THE CITY OF SAN PABLO'S CONFLICT OF INTEREST CODE
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
BODY
COMPLIANCE STATEMENTS
Although not specified in the FY 2023-25 City Council Priority Workplan adopted/effective May 1, 2023, amendment of the Conflict of Interest Code is a State-mandated legal obligation.
BACKGROUND
The public rightly expects their public officials to make decisions based on the best interests of the City and not their personal interests. To this end, California Government Code ?87300 et seq., "The Political Reform Act," requires every public agency to adopt a Conflict of Interest Code. A Conflict of Interest Code designates the positions within an agency which make or participate in making governmental decisions that may foreseeably have a material effect on a personal financial interest (see Attachment 2, Appendix A). These positions are required to disclose annually their financial interests pursuant to disclosure categories for investments, business positions, interests in real property and sources of income (see Attachment 2, Appendix B).
Even if a public official or employee is not on the designated list attached with the Conflict of Interest Code, the individual is still prohibited from making governmental decisions in which the official has a financial interest.
Government Code ?87306.5 requires that the City Council notify every local government agency, board and commission within its jurisdiction to review its Conflict of Interest Code and either amend the Code if necessary or submit a report by October 1, 2024 stating that no amendment is necessary. The Council must take this action every other year. Here in San Pablo, the City Clerk's Office serves as the filing officer for the m...
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