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CC - Adoption of a Resolution Amending the City’s Conflict of Interest Code Pursuant to the Political Reform Act, Incorporating the Terms of the Fair Political Practices Commission’s Model Conflict of Interest Code, as Set Forth in Title 2 of California Code of Regulations Section 18730, and Rescinding Resolution No. 2006-R042.
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Meeting Date: March 27, 2017
Contact Person/Dept: Serena Wright/Administrative Services Department
Phone Number: 310-253-5640
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X]
Public Notification: (E-Mail) Meetings and Agendas - City Council (03/22/17)
Department Approval: Serena Wright, Director of Administrative Services (03/20/17)
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RECOMMENDATION
Staff recommends the City Council adopt a Resolution amending the City’s Conflict of Interest Code pursuant to the Political Reform Act, incorporating, by reference, the terms of the Fair Political Practices Commission’s Model Conflict of Interest Code, as set forth in Title 2 of California Code of Regulations Section 18730, and rescinding Resolution No. 2006-R042.
BACKGROUND/DISCUSSION
The Political Reform Act (Government Code §§ 81000, et seq.) prohibits a public official from using his or her official position to influence a governmental decision in which he or she has a financial interest. Pursuant to the Political Reform Act, every state and local government agency is required to adopt a Conflict of Interest Code (“Code”) that identifies all officials and employees within the agency who make governmental decisions based on the positions they hold. The individuals in the designed positions must disclose their financial interests as specified in the agency’s Code. To help identify potential conflicts of interest, the law requires public officials and employees in designated positions in a Code to report their financial interests on a Statement of Economic Interests (Form 700).
Culver City has adopted, by resolution, the Code that was promulgated by the Fair Political Practices Commission (FPPC), for use by government agencies, by incorporating by reference Section 18730 of Title 2 of the California Code of Regulations.
The Political Reform Act further requires a local agency’s Code to reflect the current structure of the organization and properly identify officials and employees who should be filing Form 700s. In this regard, every agency is required to review its Code biennially to determine if it is accurate or, alternatively, if the Code must be amended. The Code must be amended when necessitated by changed circumstances, including the creation of new positions that must be designated, the elimination of positions that were previously designated and relevant changes in the duties assigned to an existing position when those changes require the position be designated. If amendments to an agency’s Code are necessary, the amended Code must be approved by the City Council.
It has been determined that the City’s current Code needs to be amended due to positions that have been created, eliminated or revised. In addition, pursuant to California Code of Regulations 18700(c)(2)(A)(iii), even advisory bodies that “make substantive recommendations that are, over an extended period of time, regularly approved without significant amendment or modification,” are considered to have decision making authority and subject to financial disclosure requirements. Those legislative bodies have also been added to the Code.
The designated positions, including disclosure categories, have been updated and are included in Appendix “A” of the proposed Resolution attached hereto for the City Council’s adoption.
FISCAL ANALYSIS
There is no fiscal impact associated with this item.
ATTACHMENTS
1. Proposed Resolution and Appendix “A”
MOTION
That the City Council:
Adopt the Resolution amending the City’s Conflict of Interest Code Pursuant to the Political Reform Act, incorporating the terms of the FPPC’s model conflict of interest code as set forth in Title 2 of California Code of Regulations Section 18730, and rescinding Resolution No. 2006-R042.