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 mandated disclosure, but the City Attorney’s Office takes the lead in updating the Conflict of Interest Code.
The current Conflict of Interest Code was adopted September 7, 2021, pursuant to Resolution 2021-106 (see Attachment 3). It should be noted that, in response to the 2022 Local Agency Biennial Notice, the City reviewed its Conflict of Interest Code adopted September 7, 2021 and determined that no amendment was required at that time.
By Resolution 2024-079, adopted June 17, 2024, the City Council of the City of San Pablo approved an Amendment to the City’s Classification and Compensation Plan for FY 2024/25 (see Attachment 4). Because the Classification and Compensation Plan for FY 2024/25 includes new positions and revised titles of existing positions, it has been determined that a 2024 update to the Conflict of Interest Code is required (see Attachment 5, 2024 Local Agency Biennial Notice).
Conflict of Interest Code 2024 Update
The currently proposed Conflict of Interest Code 20204 includes changes in two general areas: 1) transitioning from “paper” filing to an FCCP-approved electronic disclosure system for statement filing; and 2) updating the list of designated positions and associated disclosure categories.
The City Clerk’s Office serves as the City’s filing officer for mandated disclosure. The City Clerk’s Office has already begun transitioning to an electronic disclosure system, DisclosureDocs, which is administered by the Assistant City Clerk 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 store the submitted statements, but also provides automatic reminders, messaging, and tracking.
To reflect the City’s current list of Public Officials and Designated Positions, the following changes are proposed to Appendix A of Exhibit 1 as summarized below:
1. Addition of new, retitled and/or revised positions:
A. Administrative Services Director (retitled, formerly Director of Finance)
B. Assistant City Clerk (retitled, formerly Deputy City Clerk)
C. Director of Economic Development, Housing and Sustainability Projects
(new or reclassified position)
D. Engineering Technician (new or reclassified position)
E. Environmental Programs Manager (new or reclassified position)
F. Human Resources/Risk Manager (retitled, formerly Human Resources Manager)
G. Senior Building Inspector (new or reclassified position)
FISCAL IMPACT
No is no fiscal impact associated with amending the City’s Conflict of Interest Code. The
electronic disclosure system, DisclosureDocs, has already been purchased by the City, and subscription fees for the service already have been budgeted. 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 (list of required filers by job title and disclosure categories) and Appendix B (master list of disclosure categories)
Att C - Resolution 2021-106 dated September 7, 2021, adopting the current Conflict of Interest Code (in effect prior to the currently proposed update
Att D - FY24/25 Classification & Compensation Plan adopted 6/17/24 by Resolution 2024-079
Att E - 2024 Local Agency Biennial Notice