1 STAFF REPORT
DATE: September 13, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Zizette Mullins, MMC, City Clerk
BY: Alyssa Meredith, Administrative Analyst II
SUBJECT: Adoption of a Resolution Amending the City of Burbank Conflict of Interest Code
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE CITY’S CONFLICT OF INTEREST CODE.
BACKGROUND
The Political Reform Act (PRA) of 1974 contains a general prohibition that "no public official or employee at any level of state or local government shall make, participate in making, or in any way attempt to use his/her official position to influence a governmental decision which s/he knows or has reason to know s/he has a financial interest." The PRA requires that local agencies adopt a formal Conflict of Interest Code (Code), review its Code biennially, and make amendments, if needed. A Code requires designated employees, who are most li kely to be involved in governmental decision- making and where potential conflicts may be present, to file an annual disclosure form. The purpose of this form is to inform the employee and the public of potential conflicts of interests and situations where disqualification is mandated. The City Council is the Code Reviewing Body for the City of Burbank (City) and all subsidiary agencies including the Youth Endowment Fund “Yes Fund”, Public Financing Authority, Housing Authority, Parking Authority and Successor Agency as such the various Codes may be combined.
The City of Burbank has previously adopted a resolution adding a new list of designated positions and disclosure categories.
CITY CLERK’S
OFFICE
2 DISCUSSION
The Fair Political Practices Commission (FPPC) has provided guidance that agencies are required to incorporate the provisions of California Code of Regulations (CCR) Section 18730 by reference, along with appendices providing disclosure categories (Attachment 2) and a listing of designated positions, to constitute a formation of a Conflict of Interest Code. CCR Section 18730 outlines the references to statues and regulations that govern designated positions, disclosure categories, time of filing, contents of, period covered, manner of reporting, how interests are to be reported, definition of terms, disqualifications as well as prohibition of receipt of honoraria, gifts, loans, and travel payments. The incorporation of CCR Section 18730 pr ovides the legal basis for the Code to be a document that has force and effect.
Proposed Designated Positions
The FPPC advises that Codes should enumerate positions that "make or participate in the making" of governmental decisions, acting within the aut hority of his or her position, votes on a matter, obligates, or commits the agency to any course of action which may foreseeably have a material financial effect on any financial interest. Additionally, it further defines that employees “participate in gov ernmental decisions" when - acting within the authority of his or her position and without significant or substantive or intervening review - the official negotiates, advises, or makes recommendations to the decision maker regarding the governmental decision.
The FPPC also advises that Codes have been found to be appropriate when they are narrowly tailored, noting that manual, clerical, or ministerial positions should not be designated. A staff level review of the list of designated positions has been completed by the City Clerk’s Office, City Attorney, and Department D irectors. The list of designated positions now reflects current position titles and disclosure categories that which have been assigned to match job assignments and areas of authority. The r esponsibility for determining if a Code meets the specifications of Government Code Section 87309 ultimately rest with the Code Reviewing Body (i.e., the City Council).
The City’s Code does not establish any disclosure obligations for Members of the City Council, Planning Commission, City Treasurer, City Manager, and City Attorney, as Government Code Section 87200 et seq., requires disclosure in every category for those positions as a matter of state law. An official who holds a position specified in Government Code Section 87200 is not required to file statements under this Code for any agency that has the same or a smaller jurisdiction. However, these positio ns are identified in the list of designated positions for reference purposes only.
FISCAL IMPACT
There is no fiscal impact associated with this item.
CONCLUSION
Therefore, staff recommends the adoption of the attached City’s Conflict of Interest Code resolution with amendments pursuant to the PRA’s regulation of a biennial review.
3 ATTACHMENTS
Attachment 1 – Proposed Resolution
Attachment 2 – Added/Established/Recategorized Filing Positions since 2020 Update Attachment 3 – Positions Recommended for Removal