City of Corona
Staff Report
400 S. Vicentia Ave.
Corona, CA 92882
File #: 22-0508
REQUEST FOR CITY COUNCIL ACTION
DATE: 06/15/2022
TO: Honorable Mayor and City Council Members
FROM: City Manager’s Office - City Clerk
SUBJECT:
Biennial review of the City’s Conflict of Interest Code.
EXECUTIVE SUMMARY:
The Political Reform Act (Government Code Section 87300, et seq) requires every local agency to review the Conflict of Interest Code biennially to determine potential revisions to ensure accuracy.
Pursuant to Section 87306.5 of the Government Code, the City Council, in its role as the “Code Reviewing Body,” must direct that the Conflict of Interest Code be reviewed.
RECOMMENDED ACTION:
That the City Council direct the City Manager to initiate the biennial review of the City’s Conflict of Interest Code to determine if there is a need to amend the Code.
BACKGROUND & HISTORY:
The Political Reform Act prohibits public officials from using their official position to influence governmental decisions in which they have a financial interest. Every state and local agency must therefore adopt a Conflict of Interest Code that identifies all officials and employees within the agency who make governmental decisions based on the positions they hold. Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government.
Every elected official and public employee who makes or influences governmental decisions is required to submit a Statement of Economic Interest, also known as the Form 700. Annually, the City must review the Confllict of Interest Code to determine if the list of officials that need to file a Form 700 needs to be adjust. Examples of annual amendments include new positions, revised disclosure categories, revised titles of existing positions, and deleting titles of positions that no longer make or participate in making governmental decisions.
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File #: 22-0508
Below is the City’s current disclosure categories, the disclosure categories listed identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned. Such economic interests 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 City.
Disclosure Categories
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 City.
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 City.
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 City.
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 City.
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.
Category 7:
A) All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from entities that provide insurance services, including but not limited to, insurance companies, carriers, holding companies, underwriters, brokers solicitors, agents, adjusters, claims managers and actuaries.
B) All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from entities or persons who have filed a claim, or have a claim pending against the City which is reviewed by the designated employee’s department or division.
Category 8: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from sources that receive grants or other funding from and through the City.
Category 9: Investments, business positions in business entities, and sources of income (including City of Corona Page 2 of 3 Printed on 6/9/2022
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File #: 22-0508
Category 9: Investments, business positions in business entities, and sources of income (including receipt of gifts, loans and travel payments), from sources that provide information technology and telecommunications goods, products or services, including but not limited to, computer hardware or software companies, computer consulting services, training, data processing firms, and media services.
As the City's code-reviewing body, the City Council must direct the City Manager on or before July 1, 2022, to coordinate the biennial review of the City’s Conflict of Interest Code.
If amendments to the City’s Conflict of Interest Code are necessary, the changes must be approved within 90 days pursuant to Government Code § 87306.5. The City Manager, or his designee, is required to review the Conflict of Interest Code and file a written statement with the City Clerk regarding the outcome of the review on or before October 3, 2022. If amendments to the Code are necessary, the amended Code will be presented to the Council for consideration. The amended code documents must be approved by the City Council by December 30, 2022.
ANALYSIS:
A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).
The Conflict of Interest Code designates employees, members, officers, and consultants who make or participate in the making of decisions that may affect their financial interest, who must disclose those interests in financial disclosure statements, and who must disqualify themselves from making or participating in making governmental decisions affecting those interests.
FINANCIAL IMPACT:
There is no fiscal impact associated with this request.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action is for the 2022 biennial review of the City’s Conflict of Interest Code and there is no possibility that this project will have a significant effect on the environment.
PREPARED BY: SYLVIA EDWARDS, CITY CLERK
REVIEWED BY: ROGER BRADLEY, ASSISTANT CITY MANAGER
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