CITY COUNCIL AGENDA ITEM
Meeting Date: November 28, 2000
Subject/Title: Conflict of Interest
Submitted by: Karen Diaz, City Clerk & Dennis Beougher,
Approved by: Jon Elam, City Manager
Approve a Resolution updating the list of designated employees required to
file Conflict of Interest forms, repealing Resolution No. 98-161 and adopting
of the Fair Political Practices Commission (FPPC) Conflict of Interest Code.
On September 8, 1998, the City Council modified the list of designated employees
required to file Conflict of Interest forms, repealed Resolution 95-204 and
adopted the Fair Political Practices Commission (FPPC) Conflict of Interest
The Political Reform Act requires every local government agency to review its
Conflict of Interest code biennially to determine its accuracy or, alternatively,
that the code must be amended. The County Council is the code reviewing body
for city agencies. The Fair Political Practices Commission (FPPC) requires
every local government agency to update its Conflict of Interest code as positions
are added or modified. Staff met with representatives from the bargaining units
to review the changes and address the concerns of certain employees. As of
this writing all representatives who were at the meeting concurred with the
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING
A CONFLICT OF INTEREST CODE APPLICABLE TO CERTAIN DESIGNATED OFFICIALS
AND EMPLOYEES, PURSUANT TO SECTION 37300 OF THE GOVERNMENT CODE AND
REPEALING RESOLUTION NO. 98-161
WHEREAS, the City Council is the code reviewing board for
processing the City’s Conflict of Interest Code. Government Code
Section 87306 and 87307 provides that the City Council may amend
its Conflict of Interest Code when there are changed circumstances,
including the recognition of new positions within the City; and
WHEREAS, the title of certain positions and employees must
be designated as such in a Conflict of Interest disclosure list;
WHEREAS, the Political Reform Act requires every local government
agency to review its Conflict of Interest code biennially to determine
if it is accurate or, alternatively, that the code must be amended;
WHEREAS, the Fair Political Practices Commission amended Regulation
18730, adopted by the Commission on July 2, 1998, for agencies that
have incorporated Regulation 18730 as the body of their Conflict
of Interest Codes; and
WHEREAS, pursuant to the provision of Government Code Section
873000, et seq., the City Council of the City of Brentwood hereby
adopts the following Conflict of Interest Code. Nothing contained
herein is intended to modify or abridge the provisions of the Political
Reform Act of 1974 (Government Code Section 81000). The provisions
of this Code are additional to Government Code Section 87100 and
other laws pertaining to conflict of interest. Except as otherwise
indicated, the definitions of said Act and regulations adopted pursuant
thereto are incorporated herein and this Code shall be interpreted
in a manner consistent therewith.
WHEREAS, the positions listed in Appendix A are designated
positions. Officers and employees holding those position and designated
employees are deemed to make, or participate in the making of, foreseeable
decisions, which may have material effect on a financial interest.
WHEREAS, designated positions shall be assigned to one or
more of the disclosure categories set forth in the Appendix. Each
designated employee shall file an annual statement disclosing that
employee’s interest in investments, real property and income designated
as reportable under the category, as described in Appendix B, to
which the employee’s position is assigned in Appendix A.
WHEREAS, designated employees shall file their statements
with the City Clerk who will make the statements available for public
inspection and reproduction (Government Code Section 81008.) Statements
for all designated employees will be retained by the City of Brentwood.
WHEREAS, disclosure statements shall be made on forms supplied
by the City Clerk of the City of Brentwood.
WHEREAS, designated employees must disqualify themselves from
making or participating in the making of any decisions which will
have a material financial effect, distinguishable from its effect
on the public, generally on any reportable interest of that employee
(except sources of gifts less than gift limit in accordance with
Section 87103(c) of the Government Code), or any other financial
interest as defined in Government Code Section 87103. No designated
employee shall be prevented from making or participating in the making
of any decision to the extent that his or her participation is legally
required for the decision to be made.
WHEREAS, Resolution No. 98-161 is hereby repealed in its entirety.
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Brentwood does hereby adopt a Conflict of Interest Code applicable
to certain designated official and employees, pursuant to Section
37300 of the Government Code.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Brentwood at a regular meeting held the 28th day of November 2000
by the following vote:
CITY OF BRENTWOOD
CONFLICT OF INTEREST CODE
An investment, interest in real property, or income is reportable if the business
entity in which the investment is held, the interest in real property,
or the foreseeable income or source of income may be affected materially
by a decision made or participated in by the designated employee by virtue
of the employee’s position.
Designated Employees in Category “1” must report:
All investments, business positions in, and income from sources located in
or doing business in the City. Interest in real property located in the City,
including property located within a two-mile radius of the City or of any property
owned or used by the City of Brentwood.
Designated Employees in Category “2” must report:
All investments, business positions in, and income sources of the type which
provides services, supplies, materials, machinery or equipment of the type
utilized by the City of Brentwood
Designated Employees in Category “3” must report:
All investments, business positions in, and sources of income which are subject
to the regulatory, permit or licensing authority of the City of Brentwood.
Disclosure by Consultants
Consultants shall be included in the list of designated employees and shall
disclose pursuant to the broadest disclosure category in the code subject to
the following limitation:
The City Manager may determine in writing that a particular consultant, although
a “designated position,” is hired to perform a range of duties that is limited
in scope and thus is not required to fully comply with the disclosure requirements
in this section.