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CITY COUNCIL AGENDA ITEM NO. 06

Meeting Date: November 28, 2000

Subject/Title: Conflict of Interest

Submitted by: Karen Diaz, City Clerk & Dennis Beougher, City Attorney

Approved by: Jon Elam, City Manager

RECOMMENDATION 
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.

PREVIOUS ACTION
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8, 1998, the City Council modified the list of designated employees required to file Conflict of Interest forms, repealed Resolution 95-204 and adopted the Fair Political Practices Commission (FPPC) Conflict of Interest Code.

BACKGROUND
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 updated code.


RESOLUTION NO.

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; and

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; and

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:

AYES: 
NOES: 
ABSENT: 


CITY OF BRENTWOOD 
CONFLICT OF INTEREST CODE

APPENDIX B
DISCLOSURE CATEGORIES


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. 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov