Item No. 3.
| MEETING DATE: August 17, 2020 |
|
| TO: | HONORABLE MAYOR AND COUNCILMEMBERS |
| FROM: | JIM SADRO, CITY MANAGER By: |
| SUBJECT: | ADOPTION OF AN AMENDED CONFLICT OF INTEREST CODE |
RECOMMENDATION:
That the City Council:
APPROVE AND ADOPT RESOLUTION NO. _____ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA REPEALING RESOLUTION NO. 5875 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 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 foreseeably have a 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. During its meeting of June 1, 2020, the City Council received and filed the "Biennial Notice to Amend Conflict of Interest Code" and directed staff to prepare a revised Code within 90 days for the City Council's final approval. It was identified at that time that amendments were necessary for the City government, but no amendments were needed for the Successor Agency to the La Habra Redevelopment Agency to the City of La Habra, La Habra Civic Improvement Authority, La Habra Housing Authority, and 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 notice was published in the local paper to invite public written comment. Additionally, all employees who are required to file or may be required to file disclosures were notified of the proposed amendments. No written comments were filed with the City Clerk.
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 for the City's Conflict of Interest Code:
DEPARTMENT OF ADMINISTRATION/CITY CLERK:
State law requires local agencies to review and amend their Conflict of Interest Codes, if needed, every even-numbered year. During its meeting of June 1, 2020, the City Council received and filed the "Biennial Notice to Amend Conflict of Interest Code" and directed staff to prepare a revised Code within 90 days for the City Council's final approval. It was identified at that time that amendments were necessary for the City government, but no amendments were needed for the Successor Agency to the La Habra Redevelopment Agency to the City of La Habra, La Habra Civic Improvement Authority, La Habra Housing Authority, and 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 notice was published in the local paper to invite public written comment. Additionally, all employees who are required to file or may be required to file disclosures were notified of the proposed amendments. No written comments were filed with the City Clerk.
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, deleted, or changes in designated employee titles.
Appendix A for the City's Conflict of Interest Code:
DEPARTMENT OF ADMINISTRATION/CITY CLERK:
| ADD/DELETE OR CHANGE TITLE |
ORIGINAL TITLE | REASON | FILING CATEGORY |
| Add | Title addition of Assistant City Attorney | 1 | |
| Add | Title addition of Assistant City Clerk with additional responsibilities from the existing Deputy City Clerk/Records Manager position. | 1 | |
| Add | California Domestic Water Company Board Member(s) who represent the City of La Habra regarding water purchasing prices. | 1 |
FISCAL IMPACT/SOURCE OF FUNDING:
None
GENERAL PLAN RELEVANCE:
None