RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI RESCINDING RESOLUTION NO. 2019-69 AND REVISING THE CONFLICT OF INTEREST CODE WHEREAS, pursuant to the Political Reform Act (Article III of Chapter 7 of the California Government Code, commencing with Section 81000), the City of Cotati is required to adopt and promulgate a Conflict of Interest Code (Government Code Section 87300 et seq.); and WHEREAS, the Political Reform Act requires all local government agencies to review their Conflict of Interest Codes biennially and to revise them as necessary to adapt to changed circumstances; and
WHEREAS, pursuant to Government Code Section 87302, the Conflict of Interest Code shall provide for specific enumeration of the positions within the City, other than those specified in Government Code Section 87200, which involve the making or participation in the making of decisions which may foreseeably have material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property and sources of income which are reportable; and
WHEREAS, on November 12, 2019, the City Council adopted Resolution No. 2019-69, Amending the Conflict of Interest Code; and
WHEREAS, the City has reviewed its Conflict of Interest Code and determined that changes in the job duties and responsibilities of its employees and City boards and agencies have occurred since the last time the Code was amended which requires the Code to now be revised; and WHEREAS, the City Council now wishes in conformance with state law to amend its Conflict of Interest Code to reclassify the categories of employees with disclosure responsibilities under the Political Reform Act and to reclassify the types of financial interests which give rise to these responsibilities under the Act; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, at 2 California Code of Regulations §18730, which contains a model conflict of interest code for the use of local agencies and which requires each local agency to incorporate by reference its own appendix which specifies the categories of positions within the agency that have disclosure responsibilities under the Act and the financial interests which must be disclosed by the position; and
WHEREAS, Title 2 of the California Code of Regulations §18730 may be amended from time to time by the Fair Political Practices Commission to conform to the Political Reform Act after public notices and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code §11370 et seq.; and WHEREAS, the City Council intends that amendments made to Title 2 of the California Code of Regulations §18730 apply to the City's Conflict of Interest Code as adopted by this resolution and replaces any Conflict of Interest Code of the City of Cotati previously in effect.
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. Resolution No. 2019-69 amending the Conflict of Interest Code of the City of Cotati is hereby rescinded.
Section 2. Section 18730 of Title 2 of the California Code of Regulations, and any amendments made thereto, is hereby adopted as the Conflict of Interest Code of the City of Cotati within the meaning of Government Code §87300 et seq.
Section 3. Any person who is required to file Statements of Economic Interest under this Code shall file in electronic format, if any, approved by the City.
Section 4. Appendices “A,” “B,” and “C” attached to this resolution as Exhibit A are incorporated into the Conflict of Interest Code of the City of Cotati as referenced therein by the term "Appendix."
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the June 28th, 2022, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
Exhibit A - 2022 Revised Conflict of Interest Code (PDF)