PREPARED BY: SARAH maroof DATE OF MEETING: 11/03/2025
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 TO (1) UPDATE THE FILING INSTRUCTIONS SPECIFIC TO §87200 FILERS AND (2) UPDATE THE LIST OF DESIGNATED POSITIONS
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 2025-27 City Council Priority Workplan effective April 7, 2025, amendment of the Conflict of Interest Code is a State-mandated legal obligation and is warranted at this time.
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 (Attachment B, Exhibit 1 to Resolution, 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 (Attachment B, Exhibit 1 to Resolution, Appendix B). Attachment C is the redline version of Attachment B, highlighting proposed changes to the Conflict of Interest Code for ease of review.
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.
The current Conflict of Interest Code was adopted August 5, 2024, pursuant to Resolution 2024-109 (Attachment D). While the biennial review required by Government Code §87306.5 will not be due until 2026, the City Clerk’s Office was informed that the City’s Conflict of Interest Code should be corrected to state that §87200 filers are now required to use the FPPC e-filing system that went into effect January 1, 2025 (after the current Conflict of Interest Code was adopted) (Attachment E).
Conflict of Interest Code 2025 Update
The City Clerk’s Office serves as the City’s filing officer for mandated disclosure. Effective August of 2024, the City Clerk’s Office transitioned to an electronic disclosure system, DisclosureDocs, administered by the City Clerk’s Office in the performance of duties of Filing Officer for the City Council, allowing for electronic submission of Form 700 statements. This electronic disclosure system not only files and securely stores the submitted statements, but also provides automatic reminders, messaging, and tracking.
Effective January 1, 2025, all public officials identified in Government Code §87200 (“87200 filers”) for whom the FPPC is the filing officer must file their Statement of Economic Interests (Form 700) via the FPPC’s Electronic Filing Portal (the “FPPC Portal”) at: <https://form700.fppc.ca.gov/> The City was informed in 2025 that its Conflict of Interest Code required updating to incorporate this new filing requirement, and is doing so at this time.
The currently proposed Conflict of Interest Code 2025 update amends the filing instructions for §87200 filers to incorporate new regulations effective January 1, 2025, requiring them to use the FPPC e-filing system directly, while all other filers shall continue to use the City’s electronic disclosure system, DisclosureDocs.
Because the City’s Conflict of Interest Code is being updated to incorporate the new filing instructions for 87200 filers, the City is also taking this opportunity to update the list of designated positions required to file Form 700 Conflict of Interest Statements to align with the current titles of designated positions.
While a formal review of positions will also be made in 2026 during the biennial review required by Government Code §87306.5, the following updates to Appendix A of Exhibit 1 are proposed at this time to reflect the City’s current list of Public Officials and Designated Positions:
Addition of re-established position (pursuant to Resolution 2025-123 adopted October 20, 2025):
• Deputy City Clerk
Deletion of position (pursuant to Resolution 2025-123 adopted October 20, 2025):
• Assistant City Clerk
The proposed 2025 Conflict of Interest Code update will implement changes to:
1) Filing instructions for 87200 filers; and
2) List of designated filers will be updated to correspond with FY25-26 Classification & Compensation Plan adopted 6/16/25 by Resolution 2025-081 (Attachment F), as amended 10/20/25 by Resolution 2025-123 (Attachment G)
FISCAL IMPACT
No is no fiscal impact associated with amending the City’s Conflict of Interest Code. There is no fiscal impact with the currently proposed amendment to the City’s Conflict of Interest Code.
ATTACHMENTS
Att A - Resolution
Att B - Exhibit 1 to Resolution, Proposed updated Conflict of Interest Code with Appendix A and Appendix B
Att C - REDLINE version of Att B (Exhibit 1 to Resolution), highlighting proposed changes
Att D - Resolution 2024-109 dated August 5, 2024, adopting the current Conflict of Interest Code (in effect prior to the currently proposed update)
Att E - California Fair Political Practices Commission FAQ re Transition to FPPC E-Filing System (AB 1170 Implementation)
Att F - FY25-26 City of San Pablo Classification & Compensation Plan adopted 6/16/25 by Resolution 2025-081
Att G - Resolution 2025-123 Amending the City’s Classification for FY25/26, re-establishing one (1) FTE Deputy City Clerk Position in the City Manager’s Office