Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY CLERK
BY: M. ALICIA DUARTE, CMC, CITY CLERK
JOHN M. FUNK, CITY ATTORNEY
DATE: SEPTEMBER 24, 2024
SUBJECT: RECEIVE AND FILE THE 2024 LOCAL AGENCY BIENNIAL NOTICE IDENTIFYING REQUIRED AMENDMENTS TO THE CITY’S CONFLICT
OF INTEREST CODE
EXECUTIVE SUMMARY
The City Council will receive and file the Fair Political Practices Commission 2024 Local Agency Biennial Notice. During the August 13, 2024 City Council meeting, the City Council directed the City Clerk and City Attorney to conduct the required biennial review of the City’s Conflict of Interest Code. By or before October 1, 2024, the City Clerk must file with the City Council a biennial notice indicating whether the City’s current Conflict of Interest Code requires amendments and the nature of the amendments. After a thorough review, the City Clerk and City Attorney have concluded that amendments to the City’s current Conflict of Interest Code are required. All revisions to the City’s Conflict of Interest Code must be approved by the City Council by December 31, 2024.
RECOMMENDATION
That the City Council:
Receive and file the 2024 Local Agency Biennial Notice advising that the City’s Conflict of Interest Code requires amendments to be approved by the City Council.
BACKGROUND
The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate, or, alternatively, that the code must be amended. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (FPPC Form 700). An amendment may be required in order to include new positions and delete titles or positions that have been eliminated or to modify disclosure categories. Positions listed under the City’s Conflict of Interest Code are required to file a Form 700 when assuming office, annually, and when leaving office.
RECEIVE AND FILE THE 2024 LOCAL AGENCY BIENNIAL NOTICE IDENTIFYING REQUIRED AMENDMENTS TO THE CITY’S CONFLICT OF INTEREST CODE
SEPTEMBER 24, 2024
PAGE 2
ANALYSIS
A review of the City Conflict of Interest Code was conducted by the City Clerk and City Attorney, and it has been determined that amendments to the Code are necessary. These amendments include adding new positions, revising disclosure categories and revising the titles of existing positions. Following the receipt and filing of the 2024 Local Agency Biennial Notice, the City Clerk and City Attorney will incorporate these amendments into the City’s Conflict of Interest Code and will return to the City Council with the proposed resolution approving the amended Code before December 31, 2024.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
Public Engagement
FISCAL IMPACT
There is no fiscal impact.
ATT ACHMENTS
Attachment A: 2024 Local Agency Biennial Notice
2024 Local Agency Biennial Notice
N,m, ,fAg,,,y, City of Downey
M,ili„g Add„„, 11111 Brookshire Ave. Downey, CA 90241
Contact Person: Alicia Duarte’ CitY Clerk Phone No. (562) 904-7280 Email: [email protected] Alternate Email: [email protected] Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX) :
• An amendment is required. The following amendments are necessary:
(Check all that apply.)
•a
IB
D
a
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
a The code is currently under review by the code reviewing body.
D No amendment is required. (if your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those hotding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
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ma‘’ecutive Officer
All agencies must complete /d return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www ippc.ca .gov
FPPC Advice: [email protected] (866.275.3772)
ATTACHMENT A