San Pablo header
File #: #21-304    Version: 1 Name:
Type: RESOLUTIONS Status: Passed
File created: 7/19/2021 In control: City Council
On agenda: 9/7/2021 Final action: 9/8/2021
Title: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING THE CITY OF SAN PABLO'S CONFLICT OF INTEREST CODE
Attachments: 1. RES 2021-106 Conflict of Interest Code Amendment 090721, 2. ATT1 Proposed Conflict of Interest Code 2021 Update, 3. ATT2 Previous Conflict of Interest Code adopted 3-18-19 by Resolution 2019-038, 4. ATT3 2020 Local Agency Biennial Notice 071921
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 Attorne...

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