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HomeMy WebLinkAboutReview - Conflict of Interest CodeTechnical Assistance Division 2014 Biennial Notice for City Attorneys and City Clerks The Political Reform Act requires every local government agency to review its conflict of interest code biennially. JULY 1, 2014: Notify city agencies not covered under the city's conflict of interest code to review their codes. No LATER THAN OCTOBER 1, 2014: The biennial notice must be filed with the City Council. We have prepared a 2014 Local Agency Biennial Notice sample that cities may utilize. This Biennial Notice is not forwarded to the FPPC. Within 90 days, city agencies must submit any amendments to the City Council for approval. ATTEND A WEBINAR OR WORKSHOP Current training schedules are available at www.fooc.ca.clov under Webinars, Seminars & YouTube. To sign up for free training, visit our website and register at Eventbrite. Webinars and workshops are subject to change. IMPORTANT • The City Council is the code reviewing body for city agencies. • A city's amended code is not effective until it has been approved by the City Council. • Provide a copy of the conflict of interest code to Form 700 filers so that they understand what to disclose when they complete the form. FORMS 804 & 80F The chart below illustrates how the designated positions in the conflict of interest code and Forms 804 and 805 relate to the Form 700 and who completes each form. Forms 804 and 805 may be used to identify new positions and consultants that will make or participate in making governmental decisions on behalf of the agency. These forms are also used to identify the new position's or consultant's disclosure requirements which should conform to the range of their duties. Designated Positions New Positions Consultants Conflict of Interest Code amended by city and approved by City Council Form 804 completed by city Form 805 completed by city Form 700 completed by employees in designated positions Form 700 completed by employees in new positions Form 700 completed by consultants EXAMPLE 1: A city hires a new IT Specialist. This is a brand new position, thus not listed in the city's conflict of interest code. This individual will make decisions on purchasing software so the position must be added to the code. The city completes and retains the Form 804 to provide the individual with limited disclosure relating to IT interests. The individual files a Form 700 within 30 days of assuming office. The position will be added to the code when it is next amended. EXAMPLE 2: A city hires a firm to prepare an environmental impact report ("EIR") on airport expansion. It is determined that the consultant assigned to the project will participate in the decisions concerning where expansion may occur. The consultant who will prepare the EIR (not the consultant's firm) should be assigned a disclosure requirement that reflects the contract's scope of authority. A sample disclosure category in this case might include disclosure of "real property, investments and business positions in business entities, and income from only those sources engaging in air traffic or aviation goods or services." Alternatively, the city may assign an existing disclosure category, if appropriate. The city completes and retains the Form 805 to provide the individual with limited disclosure relating to the appropriate interests. The consultant files Form 700 within 30 days of assuming office. 428 J Street, Suite 620 Sacramento, CA 95814 www.fooc.ca.aov 866-275-3772 adviceCafooc.ca.aov 6/14 Technical Assistance Division Should You Amend Your City's Conflict of Interest Code? A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700). It is the basis for the transparency that California's Political Reform Act requires of public officials. But how do you know if your city's code is what it should be? And how do you go about amending it? The information below may help you with these issues. THINGS TO THINK ABOUT . • Is your current code more than five years old? • Have there been any substantial changes to your city's organizational structure since the last code was approved? • Have any positions been eliminated or re -named since the last code was approved? • Have any new positions been added to your agencies or departments since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved? If you answered yes to any of these questions, your city's conflict of interest code will likely need to be amended. The Biennial Notice must be completed and filed with the City Council no later than October 1, 2014. Within 90 days, any amendments to the conflict of interest code must be submitted to the City Council for approval. The conflict of interest code is not effective until it has been approved by the City Council. If you have any questions, or you are still not sure if you should amend your city's conflict of interest code, please consider participating in a free webinar or a seminar at the FPPC. For more information, visit http://www.fooc.ca.gov/index.php?id=359. 428 J Street, Suite 620 Sacramento, CA 95814 www.fDr c.ca.aov 866-275-3772 adviceafooc.ca.aov 6/14 CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: AUTHORIZATION TO REVIEW THE CITY'S CONFLICT OF INTEREST CODE SUBMITTED BY: Rachelle D. Klassen, City Clerk DATE: June 26, 2014 CONTENTS: • Staff Report • Letter from Best, Best & Krieger • Flier from the Fair Political Practices Commission Recommendation By Minute Motion, authorize staff to make a formal review of the City's Conflict of Interest Code, pursuant to the Political Reform Act, and if necessary at the appropriate time thereafter, prepare a resolution to be adopted by the City Council to effect the required amendments. Background Attached is a copy of a memo from the City Attorney's Office, advising that it is once again time for a mandatory biennial review of the City's Conflict of Interest(COI) Code. The last update was performed in 2012, and City Council Resolution No. 2012-71 reflects the current version. • Government Code Section 87306.5(a) requires that no later than July 1 of each even-numbered year, each local agency's Code Reviewing Body (City Council) shall direct that a review be made of its COI Code. If it is found that changed circumstances make it necessary to make amendments to the Code, an amended COI Code shall then be submitted to the Code Reviewing Body. • Government Code Section 87306.5(b) states that if no change in the Code is required, the local agency head (City Manager) shall submit a written statement to that effect to the Code Reviewing Body no later than October 1 of the same year. Staff believes there are changes that will require the City's COI Code to be amended (i.e., Titles of Designated Positions subject to the Code). Your approval of the recommendation is, therefore, requested in orderforthe reviewto occur. The amended Code will be presented to the City Council for adoption later this year at either the Council's November or December meeting. Staff Report - Authorization to Review Conflict of Interest Code June 26, 2014 Page 2 Fiscal Analysis Specific action to authorize review of the City's COI does not have a fiscal impact on the City. However, analysis of designated positions and recommendations for additions or deletions will be performed by staff, followed by the City Attorney's Office review of the findings and assistance with preparing any necessary documents for adoption of the amended COI Code in December. Work by the City Attorney's Office is covered through said agreement with the City (Contract No. C28880). Submitted by: Rac elle D. Klassen, MMC, ity Clerk P�p oved: � 1 � �--�--� ,J hn M. Wohlmuth, City Manager , � !rd k Attachments (as noted) � �� . . CTTY COUNCIL AC'T�TON APPROVF,D ✓� DENiED Ri;CEIVED OTHER MF,I;TING DA� �— �'"�`'I _,"� AYI?S:B�I'tSp'I,l�n,ik��pio ..�W�J�er�Tit11.�,�' , �nFg; Nbt't-Q AI3SI:NT: Nn� � A13STAIN: � VEI2IFIED 13Y: 1 Y�►M �?r��inal on File with City Clerk's Oftice H:IWPdataIWPDOCSIFPPCICONFLICT114-staff rpt authz review.wpd . I� �� INDIAN WELLS SACRAMENTO (7601 568-26 i 1 (9 1 6>325-4000 IRVINE BEST BEST &KRIEGER� S,,N DIEGO (949) 263-2600 tl T T O R N E Y S A T L A W (6 I 9) 525-I 300 LOS ANGELES W.CLNUT CREEK (2 I 3)61 7-8 I00 (925)977-3300 3390 UNIVERSITY AVENUE, 5TH FLOOR, P.O. BOX IO2B, RIVERSIDE, CA 92502 ONTARIO PHONE: (95 I)686-I 450 I Fnx: (95 I)686-3083 I WWVJ.BBKLAW.COM WASHINGTON, DC (909)989-8584 (2021 7850600 DIANNA MARIE VALDEZ, SENIOR PARALEGAL � �� (95 I> 826-8252 � j>� DIANNAMARIE.VALDEZ@BBKLAW.COM � ^'�� �� �� � � May 9, 2014 � � ��.� :'�O� � .,+0 TO: CITY MANAGERS � 3'n _� FROM: BEST BEST & KRIEGER LLP RE: 2014 MANDATORY REVIEW OF CONFLICT-OF-INTEREST CODES This is a reminder that 2014 is a mandatory review year for all public agencies to review their Conflict-of-Interest Codes, file Biennial Notices with their code-reviewing bodies, and update their Conflict-of-Interest Codes, if necessary. On or before July 1, your City Council, as the City's code-reviewing body, must notify you of this and direct you to review the City's Code. It is suggested that you place this item on your agenda as soon as convenient, but in no event later than July 1, 2014. You will then have until October 1 to complete your Code review and file your Biennial Notice with your City Clerk reflecting the results of your review. If you find that the City's Code needs to be amended, you will have 90 days after the date of filing the Biennial Notice to complete the amendment and submit it to the City Council for approval. (Gov. Code § 87306.5) Throughout the summer and fall, we will be assisting clients with these reviews and any necessary updates. If you participate in BB&K's Public Policy & Ethics Program, we will be contacting your filing officers directly for certain specifics regarding your list of designated positions and the filing of your Biennial Notice. Meanwhile, if you have any questions regarding the 2014 biennial review process, please contact Dianna Valdez, our conflicts of interest and ethics coordinator, or your principal lawyer here. Also, please contact Dianna if you are not currently a participant in our PP&E Program but would like to participate beginning with this code-review cycle. MICHAEL T. RIDDELL cc: City Clerks/Filing Officers 93939.00001\8697318.1 2014 Local Agency Biennial Notice Name of Agency: Mailing Address: Contact Person: Phone No: E-Mail: Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one box): ❑ An amendment is required. The following amendments are necessary: (Mark all that apply.) o Include new positions (including consultants) that must be designated o Revise disclosure categories o Revise the titles of existing positions o Delete positions that no longer make or participate in making governmental decisions o Other (describe) ❑ The code is currently under review by the code reviewing body. ❑ No amendment is required. (If your code is more than five years old, amendments may be necessary.) Verification This agency's conflict of interest code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions. The code includes al!other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date Complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2014, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF THE CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC California Fair Political Practices Commission www.fppc.ca.gov 866-275-3772 advice@fppc.ca.gov 6/14