Senate Bill 1439
Sylvia Edwards, City Clerk
May 17, 2023
Ask
That the Council provide direction on how
to track Conflict of Interest requirements
enacted through SB 1439.
3 SB 1439
Campaign Contributions
➝ Effective January 1, 2023; does not apply to contributions received in 2022
➝ Prohibits accepting, soliciting, or directing a campaign contribution over $250 if the donor is involved in a
proceeding involving a license, permit, or other entitlement for use, including a contract award that is pending before the agency
➝ Requires City Council members to recuse themselves from such proceeding if the member has received a contribution within the previous 12 months
Options
Options Presented at April 5, 2023 COTW
Option 1: Elected Officials track their respective Conflict of Interest and recuse themselves
Option 2: City staff tracks Conflict of Interest and prepares potential Conflict of Interest memorandum prior to each meeting
Additional Options for Consideration
Option 2A: City staff prepares a potential Conflict of Interest memorandum based on the Disclosure of Campaign Contributions and the Conflict of Interest forms (similar to RCTC’s process)
Option 3: City staff prepares a potential Conflict of Interest memorandum solely based on the agencies listed on the agenda
Option 4: City staff highlights the agencies listed on the agenda 5 Options (Presented on April 5)
➝ Option 1: Elected Officials track their respective Conflict of Interest and recuse themselves
➝ Option 2: City staff tracks Conflict of Interest and prepares potential Conflict of Interest memorandum prior to each meeting
➝ Requires the Planning and Development Department and Purchasing Division staff to provide the applicant/bidder with a Disclosure of Campaign Contributions Form
➝ The applicant/bidder will disclose the contributions they have made to any Elected Official involving a license, permit or other entitlement for use, including a contract award
➝ Council Members submit a Conflict of Interest Form
6 Additional Options
➝ Option 2A: City staff to prepare a potential Conflict of Interest memorandum based on the Disclosure of
Campaign Contributions Form and the Conflict of Interest Form
➝ Disclosure of Campaign Contributions forms received from the Purchasing Division
➝ Conflict of Interest forms received submitted by the Council Members
➝ This option is similar to RCTC’s process
Additional Options (cont.)
➝ Option 3: City staff to prepare a potential Conflict of Interest Memorandum solely based on the agencies listed on the agenda
➝ Based on the agencies listed on the Recommended Action ➝ Option 4: City staff to highlight the agencies listed on the agenda
Pros & Cons
Option 1 Option 2 Option 2A Option 3 Option 4
Elected Officials track
their own Conflict of
Interests
City staff track Elected
Officials’ Conflicts of
Interest
(Prepare memo for each
meeting)
City staff track Elected
Officials’ Conflicts of
Interest
(Prepare memo for each
meeting based on the
Disclosure of Campaign
Contributions forms and the
Conflict of Interest forms)
City staff track Elected
Officials’ Conflicts of
Interest
(Prepare memo for each
meeting based solely on the
agencies listed on the
agenda)
City staff to highlight the
agencies listed on the
agenda
Pros Cons Pros Cons Pros Cons Pros Cons Pros Cons
Elected
Officials are
most
knowledgeable
of contributions
they’ve
received
Consistent with
other city’s
approaches
No blaming of
staff if an
oversight
occurs
No cost to
taxpayers
Possible
oversight
Elected
officials won’t
have to track
their
campaign
contributions
Staff
responsibility to
notify elected
official
Would require
additional fulltime employee
with a cost of
approx. $98,944
annually
Possibility for staff
oversight and
blame
Not the norm for
how other cities
track conflicts of
interest
Elected officials
won’t have to
track their
campaign
contributions
Possibility for
staff oversight
and blame
Further strains
City Clerk staff
resources
Changes the
process for the
Purchasing
Division
Further strains
purchasing
staff resources
Elected
officials won’t
have to track
campaign
contributions
Agencies are
listed on the
agenda and
easily
accessible for
staff to
prepare memo
Other
departments
aren’t involved
in the process
Possible
oversight
City Clerk staff
resources
Agencies are
listed on the
agenda and
can be easily
highlighted
Other
departments
aren’t involved
in the process
Minimal City
Clerk staff
resources
Possible
oversight
(Recommended)
(Recommended
Alternative)
Ask
That the Council provide direction on how to
track Conflict of Interest requirements
enacted through SB 1439.
Questions?
(951) 736-2203
[email protected]
www.CoronaCA.gov