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|CITY COUNCIL AGENDA ITEM NO. 20
Meeting Date: December 11, 2007
Subject/Title: Adopt a Resolution repealing Resolution 2006-213 and designating specified individuals as Local Agency Officials for the Purposes of AB 1234
Prepared by: Damien Brower, City Attorney
Margaret Wimberly, City Clerk
Submitted by: Donna Landeros, City Manager
Damien Brower, City Attorney
Adopt a Resolution repealing Resolution 2006-213 and designating specified individuals as Local Agency Officials for the Purposes of AB 1234
At the City Council meeting of September 12, 2006, the City Council adopted Resolution 2006-213, designating local agency officials for the purposes of Government Code Section 53234
In October 2005, the Governor signed AB 1234 which placed new reimbursement reporting and ethics training requirements on local agency officials. With regard to reimbursement reporting in 2006, the Council adopted revisions to its travel and reimbursement policy to, among other things, bring the policy into compliance with AB 1234. The attached resolution addresses the ethics training requirements of AB 1234.
The law mandates that ethics training be provided by local agencies that pay any compensation, salary, or stipend to, or reimburses the expenses of, members of a legislative body. The training must be provided to each member of a legislative body, each elected official and any employees who may be designated by the agency to receive the training. The training must be provided by January 1, 2007, for any individual holding office on January 6, 2006, and every two years thereafter. For those officials taking office after January 1, 2006, training must be received no later than one year from their first day of service with the agency. Those officials whose term of office ends before January 1, 2007, are exempt from the training requirements.
The ethics training must be at least two hours in length and cover, among other things, such topics as conflicts of interest, gift and travel restrictions, prohibitions against certain uses of public resources, mass mailing restrictions, financial disclosure, the Brown Act, bias, competitive bidding and incompatible offices. Records of the training are maintained by the City Clerk for five years and subject to disclosure under the Public Records Act.
The attached resolution amends the list of designated employees to account for recent classification changes.
There is no fiscal impact to the City.
Attachments: Resolution with Exhibit A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, DESIGNATING LOCAL AGENCY OFFICIALS FOR THE PURPOSES OF GOVERNMENT CODE SECTION 53234
WHEREAS, AB 1234 was passed by the State Assembly and State Senate in August of 2005, signed by the Governor on October 7, 2005, and codified, in part, at Government Code section 53234, et seq.; and
WHEREAS, AB 1234 requires ethics training for, among other individuals, those designated as Local Agency Officials; and
WHEREAS, Government Code section 53234 (c) defines a Local Agency Official as any member of a local agency legislative body or any elected local agency official who receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties or any employee designated by a local agency legislative body to receive the training; and
WHEREAS, the City Council adopted Resolution 2006-213 on September 12, 2006, designating local agency officials for the purposes of Government Code Section 53234; and
WHEREAS, there have been additions and deletions to the classification descriptions for various positions which makes it necessary to amend the list of designated local agency officials.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does:
1) Repeal Resolution 2006-213 in its entirety.
2) Designate the positions listed in “Exhibit A” as Local Agency Officials required to participate in ethics training pursuant to Article 2.4 of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the_____________ 2007, by the following vote:
“Local Agency Officials”
Assistant City Manager
Human Resources Manager
City Attorney’s Office
Assistant City Attorney
Director of Community Development
Assistant Director of Community Development
Chief Building Official
Economic Development Manager
Director of Finance and Information Systems
Assistant Director of Finance and Information Systems
Chief Financial Operations Officer
Chief Information Systems Officer
Business Services Manager
Financial Services Manager
Parks & Recreation
Director of Parks and Recreation
Landscape Facilities Manager
Director of Public Works/City Engineer Assistant Director of Public Works/Assistant City Engineer
Deputy Director of Public Works
Park & Recreation Commissioners
City of Brentwood City Council
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Brentwood, CA 94513
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