Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: UPDATE OF THE CITY OF COTATI'S CONFLICT OF
INTEREST CODE
Date: September 24, 2024
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the City Council adopt a resolution amending the City of Cotati’s Conflict of Interest Code.
Background
The Political Reform Act, California Government Code §81000-91014, declares in part that “Public officials, whether elected or appointed, should perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them” §81001(b). To this end the Political Reform Act (“Act”) requires many state and local public officials and employees to disclose certain personal financial holdings so that they and members of the public are made aware of potential areas of conflict in relation to their official duties. This information is disclosed on the Fair Political Practices Commission’s (FPPC) Form 700 (sometimes informally referred to as “SEIs” “Form 700s” or “conflict of interest statements”).
The Act also requires every government agency to establish and subsequently conduct a biennial review of its conflict of interest code to revise it as necessary to adapt to changed circumstances.
At its regular meeting of June 28, 2022, the Council adopted Resolution No. 2022-30, rescinding previous code amendments and approving the biennial code amendment for 2022.
Analysis/Discussion
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The City’s present conflict of interest code has been reviewed and it has been determined that the Code should be amended to reflect current employee job classifications, more accurate disclosure categories, and a definitions provision for a better understanding of classifications.
Our disclosure categories have been updated with numerical options that will best fit the filer’s requirements. A disclosure category is a description of the types of financial interests officials in one or more job classifications must disclose on their Form 700s. The categories must be tailored to the financial interests affected and must not require public officials to disclose private financial information that does not relate to their public employment.
Two positions were removed from the Conflict of Interest Code: Management Analyst (Engineering/Public Works) and Senior Account Clerk (Administrative Services). These positions are both unfilled and are not being actively recruited. In addition, were these positions to be filled in the future before the next code update, neither one participates in purchasing decisions for the City.
Defining classifications will help to determine the corresponding category(ies) in which a filer must disclose. Definitions of such classifications will now be listed in the appendices for clearer application while filing Form 700’s.
Financial Considerations
None.
Environmental Issues
The action of updating the City’s Conflict of Interest Code does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.