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September 27, 2022
ITEM TITLE
Conflict of Interest Code: Modify the List of Officials, Candidates, and Designated Employees who are Required to File Periodic Statements of Economic Interests (Form 700) and their Disclosure Categories
Report Number: 22-0212
Location: No specific geographic location
Department: City Clerk
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution modifying the appendix to the local Conflict of Interest Code to revise the list of officials, candidates, and designated employees who are required to file Statements of Economic Interests (FPPC Form 700) and their disclosure categories.
SUMMARY
The Political Reform Act requires every local agency to periodically review its Conflict of Interest Code to determine whether amendments are needed. The proposed resolution adopts an amended appendix to the City’s Conflict of Interest Code. The appendix lists the officials and designated employees of the City who are required to file periodic statements of economic interests and the disclosure categories under which each such official and designated employee is required to file . It also states that those designated officials and employees are required to complete biennial ethics training, pursuant to AB 1234.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined unde r Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On March 21, 2000, the Council adopted Ordinance No. 2807, adopting by reference the standardized Conflict of Interest Code contained in Title 2 of the California Code of Regulations, Section 18730, and any amendments thereto that are adopted by the Fair Political Practices Commission (FPPC). The ordinance requires that the Council set forth by resolution the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file.
The City Clerk and the City Attorney have performed a review of the Code in conformance with Political Reform Act requirements. Each department director provided input regarding the level of decision -making authority employees have in their respective departments. With that input, along with various title changes that have occurred since the last update, it has been determined that th e appendix to the Code requires amendments.
Several positions that are currently vacant and unfunded were not deleted since they remain on the City’s classification plan and should be designated to file Statements of Economic Interests. Adoption of the proposed resolution amends the appendix to the local Conflict of Interest Code accordingly.
The resolution also specifies that all employees designated as filers under the City’s Conflict of Interest Code are “designated employees” for purposes of AB 1234 and, as such, are required to participate in mandatory ethics training.
In addition to reviewing the list of filers, the City Clerk and City Attorney also reviewed the City’s disclosure categories provided for in Chula Vista Municipal Code section 2.02.030. N o changes to the category descriptions are recommended at this time.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the Cit y Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Adoption of the resolution will have no impact on the general fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
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ATTACHMENTS
1. Revised list of designated filers
Staff Contact:
Cristina Hernandez, City Clerk Analyst
Kerry K. Bigelow, MMC, City Clerk