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Consent
Item No. 2.
| MEETING DATE: 08/19/2024 |
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| TO: | HONORABLE MAYOR AND COUNCILMEMBERS |
| FROM: | JIM SADRO, CITY MANAGER By: Rhonda J. Barone, CMC, City Clerk |
| SUBJECT: | APPROVE ADOPTION OF AN AMENDED CONFLICT OF INTEREST CODE |
RECOMMENDATION:
That the City Council APPROVE AND ADOPT RESOLUTION NO. CC 2024-__ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, REPEALING RESOLUTION NO. 6082 AND ADOPTING THE CONFLICT OF INTEREST CODE FOR THE CITY OF LA HABRA PURSUANT TO GOVERNMENT CODE SECTION 81000, ET SEQ., AS REQUIRED BY STATE LAW.
DISCUSSION:
The California Political Reform Act requires local agencies to adopt a Conflict of Interest Code to provide for the filing of a Statement of Economic Interests by "designated employees" of the City. A designated employee is an employee or consultant whose position involves the making or participation in the making of governmental decisions which may have a foreseeable material effect on any financial interest.
State law requires local agencies to review and amend their Conflict of Interest Codes, if needed, every even-numbered year. At its regular meeting of June 3, 2024, City Council received and filed the "Biennial Notice to Amend the Conflict of Interest Code" and directed staff to prepare a revised Code within 90 days for final approval by the City Council. At that time, it was determined that amendments were necessary by the City government, but no amendments were needed by the Successor Agency to the La Habra Redevelopment Agency to the City of La Habra, the La Habra Civic Improvement Authority, the La Habra Housing Authority, or the La Habra Utility Authority.
The Fair Political Practices Commission identifies the code reviewing body for city agencies as the City Council and no conflict of interest shall be effective until it has been approved by the code reviewing body. When a proposed conflict of interest code or amendment is approved by the code reviewing body, it shall be deemed adopted and shall be promulgated by the agency (Government Code Section 87303).
A public hearing is not required for the amendment or adoption of the code. However, as required by law, a legal notice was published in the Orange County Register, and all employees who are required to file or may be required to file disclosures were notified of the proposed amendments.
The following are proposed Code Revisions:
Code - The City Council has adopted the standard Conflict of Interest Code provisions set forth in Title 2 of the California Code of Regulations 18730, and any subsequent amendments as adopted by the Fair Political Practices Commission (FPPC) by reference, since the code and amendments can be quite lengthy and complex. Regulation 18730 contains all required code provisions.
Appendix A - It has been determined that "Appendix A - Positions" for the City of La Habra Conflict of Interest Code require amendments due to positions being added and deleted or changes in designated employee titles.
Appendix A to the City's Conflict of Interest Code:
State law requires local agencies to review and amend their Conflict of Interest Codes, if needed, every even-numbered year. At its regular meeting of June 3, 2024, City Council received and filed the "Biennial Notice to Amend the Conflict of Interest Code" and directed staff to prepare a revised Code within 90 days for final approval by the City Council. At that time, it was determined that amendments were necessary by the City government, but no amendments were needed by the Successor Agency to the La Habra Redevelopment Agency to the City of La Habra, the La Habra Civic Improvement Authority, the La Habra Housing Authority, or the La Habra Utility Authority.
The Fair Political Practices Commission identifies the code reviewing body for city agencies as the City Council and no conflict of interest shall be effective until it has been approved by the code reviewing body. When a proposed conflict of interest code or amendment is approved by the code reviewing body, it shall be deemed adopted and shall be promulgated by the agency (Government Code Section 87303).
A public hearing is not required for the amendment or adoption of the code. However, as required by law, a legal notice was published in the Orange County Register, and all employees who are required to file or may be required to file disclosures were notified of the proposed amendments.
The following are proposed Code Revisions:
Code - The City Council has adopted the standard Conflict of Interest Code provisions set forth in Title 2 of the California Code of Regulations 18730, and any subsequent amendments as adopted by the Fair Political Practices Commission (FPPC) by reference, since the code and amendments can be quite lengthy and complex. Regulation 18730 contains all required code provisions.
Appendix A - It has been determined that "Appendix A - Positions" for the City of La Habra Conflict of Interest Code require amendments due to positions being added and deleted or changes in designated employee titles.
Appendix A to the City's Conflict of Interest Code:
| DEPARTMENT | ADD/DELETE OR CHANGE TITLE | REASON | FILING CATEGORY |
| Community and Economic Development | Change | Department name change from Community Development to Community and Economic Development. | N/A |
| Community and Economic Development | Change | Title revision from Economic Development Project Manager to Project Manager. | 3 |
| Community Services | Change | Title revision from Community Services Manager to Deputy Director of Community Services. | 1 |
| Community Services | Change | Title revision from Center Manager of Employment & Training to Employment & Training Manager. | 2 |
| Finance | Change | Title revision from Finance Manager to Deputy Director of Finance. | 1 |
| Human Resources | Change | Title revision from Human Resources Manager to Deputy Director of Human Resources. | 1 |
| Public Works | Change | Title revision from City Engineer to Deputy Director of Public Works/City Engineer. | 1 |
FISCAL IMPACT/SOURCE OF FUNDING:
None.
GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:
Goal 7 - Integration of Excellence in City Operations; Objective B, "Promote and practice a high standard of trust, ethics, and values among our employees and the public we serve."