Staff Report – Biennial COI Amendment Page 1 of 2
STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Michelle Estabillo, City Clerk
VIA: Dan Barros, City Manager
MEETING DATE: October 9, 2024
SUBJECT: Biennial Conflict of Interest Code Amendment
RECOMMENDATION
Staff recommends that the City Council adopt the following:
RESOLUTION APPROVING AND ADOPTING THE AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 AND PURSUANT TO CEQA GUIDELINE 15378
COUNCIL ADOPTED VALUES
The discussion of this Agenda Item is consistent with the Council values of Honesty and Integrity because it amends the Town’s current Conflict of Interest Code to identify positions that are required to disclose any potential conflict of interests.
B
ACKGROUND
The Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), requires all public agencies to adopt and maintain a Conflict of Interest Code. The Act further requires that agencies regularly review and update their Codes as necessar y when directed by the code- reviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). As the Town’s code -reviewing body, the City Council directed that the Code be reviewed as required under the Act. During this review, staff found that amendments to the Code are necessary to include new positions that must be designated. Such amendments are required to be approved by the City Council as the Town’s code-reviewing body.
F
ISCAL IMPACT
There are no unbudgeted fiscal impacts with this agenda item.
CONCLUSION
Pursuant to the Political Reform Act (the “Act”), the City Council directed staff to: (1) conduct a review of the Town’s Conflict of Interest Code (“Code”) to determine if a change in the Code was ITEM #4
Staff Report – Biennial COI Amendment Page 2 of 2
necessary; (2) file a biennial notice regarding the results of the review no later than the required deadline, and (3) amend the Town’s Code pursuant to the Act, if necessary.
During the review process, staff found that amendments to the Town’s Conflict of Interest Code are necessary includes a new position that must be designated and include language re required AB1234 training. A redlined version of the proposed amended Code is attached.
ATTACHMENTS
A. Resolution
B. Legislative (Red-Line) Version of Amended COI Code
25977.17000\42708999.1
Res. 2024-___, Colma Conflict of Interest Code Page 1 of 2
RESOLUTION NO. 2024-___
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION APPROVING AND ADOPTING THE AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 AND PURSUANT TO CEQA GUIDELINE 15378
SECTION 1. BACKGROUND.
(a) The Legis lature of the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq . (the “Act”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the Town of Colma (the “Town”), and which requires all public agencies to adopt and promulgate a conflict of interest code; and (b) The City Council adopted a Conflict of interest Code (the “Code”) which was amended on November 9, 2022, in compliance with the Act; and (c) Subsequent changed circumstances within the Town have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Town’s Code; and
(d) The potential penalties for violation of the provisions of the Act are significant and may include criminal and civil liability, as well as equitable relief which could result in the Town being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
(e) Notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Conflict of Interest Code was provided each affected designated position and publicly posted for review; and (f) A public meeting was held upon the proposed amended Conflict of Interest Code at a regular meeting of the City Council on October 9, 2024, at which all present were given an opportunity to be heard on the proposed amended Conflict of Interest Code.
SECTION 2. APPROVAL AND ADOPTION. This City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk, and available to the public for inspection and copying during regular business hours.
SECTION 3. EFFECTIVE DATE. Said amended Code shall be come effective immediately upon the date of its adoption and approval.
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25977.17000\42708999.1
Res. 2024-___, Colma Conflict of Interest Code Page 2 of 2
I certify that the foregoing Resolution No. 2024-___ was duly adopted at a regular meeting of the City Council of the Town of Colma held on October 9, 2024, by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
John Irish Goodwin, Mayor
Ken Gonzalez
Carrie Slaughter
Helen Fisicaro
Joanne F. del Rosario
Voting Tally
Dated ______________________ ___________________________________ John Irish Goodwin, Mayor
Attest: ____________________________
Michelle Estabillo, City Clerk
25977.17000\42685060.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
BBK – October 2022 September 2024
CONFLICT OF INTEREST CODE
OF THE
TOWN OF COLMA
25977.17000\42685060.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
BBK – October 2022 September 2024
1 CONFLICT OF INTEREST CODE
OF THE
TOWN OF COLMA
(Amended November 9, 2022 October 9, 2024)
The Political Reform Act (Gov. Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes.
The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 (http://www.fppc.ca.gov/index.php?id=496) and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the Town of Colma (the "Town").
All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the Town’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, Members of the City Council, the City Manager, the City Attorney and the City Treasurer, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) 25977.17000\42685060.2
APP A-1- BBK – October 2022 September 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
TOWN OF COLMA
(Amended November 9, 2022 October 9, 2024)
PART “A”
The Mayor, Members of the City Council, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the Town’s Code but must file disclosure statements under Government Code section 87200 et seq.). [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are officials who manage public investments.1 These positions are listed here for informational purposes only.
Investment Consultant
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200. 25977.17000\42685060.2
APP A-2- BBK – October 2022 September 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
Accounting Manager 5
Administrative Services Director 1, 2
Administrative Technician III 5
Assistant City Engineer 2, 3, 5, 6
Building Inspector 6
Building Official 2, 6
Chief of Police 5, 6
City Attorney (not filing under GC 87200) 1, 2
City Clerk 5
City Engineer 1, 2
City Planner 1, 2
Communications/Dispatch Supervisor 5
Deputy City Planner 2, 3, 5, 6
Deputy Public Works Director 1, 2
Director, Public Works and Planning 1,2
Executive Assistant to the Chief of Police 5
Human Resources Manager 5
Labor Negotiator 5
25977.17000\42685060.2
APP A-3- BBK – October 2022 September 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
Management Analyst 5
Maintenance Technician III 5
Police Commander 5
Police Sergeant 5
Principal Planner 2, 3, 5, 6
Public Works Supervisor 5
Recreation Coordinator 5
Recreation Manager 5
Senior Planner 2, 3, 5, 6
Consultants and New Positions2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.).
DESIGNATED POSITIONS’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
25977.17000\42685060.2
APP B-1- BBK – October 2022 September 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
PART “B”
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned. 3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the Town.
Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the Town.
Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the Town, including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the Town.
Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the Town.
Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.
Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)