PREPARED BY: SARAH MAROOF DATE OF MEETING: 09/07/21
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING THE CITY OF SAN PABLO’S CONFLICT OF INTEREST CODE
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
COMPLIANCE STATEMENTS
Amendment of the Conflict of Interest Code is a State-mandated legal obligation, in addition to the FY2021-23 City Council Priority Work Plan effective June 21, 2021.
CEQA Compliance Statement
This is not a project subject to CEQA.
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 (Appendix A to Attachment 1). 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 (Appendix B to Attachment 1).
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, 2020, 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 March 18, 2019, pursuant to Resolution 2019-038 (Attachment 2).
Due to the City’s Classification and Compensation Plan Amendment for FY 2021/22 being planned and in progress at the time this update was due, the Conflict of Interest Code update was postponed until such time that the Classification and Compensation Plan Amendment was completed and approved by the City Council. By Resolutions 2021-080, the City Council of the City of San Pablo approved the Amendment to the City’s Classification and Compensation Plan for FY 2021/22.
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. Chief Building Official (formerly Building Official)
B. Director of Finance (formerly Administrative Services Director)
C. Community Development Director (formerly Community & Economic Development Director)
D. Planning Aide (new position)
E. SPEDC Board of Directors and its Officers (formerly SPEDC Board of Directors)
F. SPEDC Program Coordinator or equivalent (formerly SPEDC Program Coordinator)
G. Senior Administrative Clerk (Public Works) (reclassified position)
2. Positions with a change to the Disclosure Category only:
A. Administrative Clerk (Building) (from 3,8 to additional disclosure 3,5,8)
B. Administrative Clerk (Planning) (from 3,8 to additional disclosure 3,5,8)
C. Permit Technician (from 3,8 to 3,5,8)
FISCAL IMPACT
No fiscal impact to amending the City’s Conflict of Interest Code.
ATTACHMENTS
1. Proposed Conflict of Interest Code, updated to reflect recent changes in positions and to incorporate by reference the most recent provisions of Government Code section 18730
2. Resolution 2019-038 dated March 18, 2019 adopting the current Conflict of Interest Code
3. 2020 Local Agency Biennial Notice