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0 DATE: September 16, 2024
TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City Manager
FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: DESIGNATED POSITIONS IN THE CITY/DISTRICT CONFLICT OF INTEREST CODE AND AB 1234 ETHICS TRAINING
RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached City/District resolutions approving the Appendix dated September 16, 2024 to update the designated positions in the Conflict of Interest Code and to designate positions required to participate in AB 1234 Ethics Training.
EXECUTIVE SUMMARY
The Political Reform Act of 1974, approved by the voters, requires State and local government agencies to adopt a Conflict of Interest Code (“Code”). The City/District adopted a Code on February 7, 1983 pursuant to City Resolution No. 83-15 and EMID Resolution No. 1751. State law also requires the City/District to periodically update its Code by adopting by reference the terms of 2 California Code of Regulations §18730, as may, from time to time, be amended by the Fair Political Practices Commission (FPPC). The 2024 Local Agency Biennial Notice is required to be submitted to the City Council by October 1, 2024.
The Code must list each position within the City/District that makes or participates in the making of governmental decisions. Individuals employed in these positions are called “designated employees.” In addition, certain consultants to public agencies must also
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0 file disclosure forms because they make or participate in making governmental decisions on behalf of the City/District. Certain positions are not covered by the Code because they must file under California Government Code section 87200. Those positions are: City/District Attorney, City/District Manager, and Finance Director/City Treasurer, City Councilmembers/Board of Directors, City Planning Commissioners.
The Code reviewing body for the City/District is the Council/Board. Periodically, the Code reviewing body, by resolution, must update the list of designated employees listed in the Appendix and make any other changes needed to comply with State law. The Code Appendix was last updated on September 19, 2022. This year, 8 amendments are recommended.
First, the Code has been amended to add the newly added Administrative Services Director position. The employee in the position of Administrative Services Director will be required to file yearly statements of economic interest using Categories 1, 2, and 3.
Second, the Code has been amended to add the newly added Financial Services Manager, Fleet Supervisor, Human Resources Manager, Housing Coordinator, and Parks Supervisor positions. The employees in these positions will be required to file yearly statements of economic interest using Categories 4 and 6.
Third, the Code has been amended to remove certain positions that are no longer used or filled in the organization. Those positions are Accounting Manager and Economic Development Manager.
All necessary updates have been made and are shown in bold and/or strikeout in the attached Resolutions as required by the Fair Political Practices Commission.
It is recommended that City Council/EMID Board of Directors review and adopt the attached amendments to the City/District’s Conflict Code.
The resolution also includes a section regarding Assembly Bill (AB) 1234 Ethics Training requirements and designates local agency officials and certain employees who must receive the training. AB 1234 (Government Code section 53235) requires that if a local agency provides any type of compensation, salary or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive training in ethics pursuant to Government Code section 53235. Each local agency official is required to receive two hours of training in general ethics principles and ethic laws every two years. Currently the City Council and the Planning Commission are required to receive the ethics training. Historically, the City/District Manager and the City Attorney and Assistant City Attorney have also received the training.
Pursuant to Government Code section 53234(c)(2), the City Council may designate employees required to take the ethics training. The resolution would specify that all of 5 5
0 the employees in the Appendix of the Code, as well as the City Manager and City Attorney, are required to take ethics training.
California Environmental Quality Act
The approval of the Code and AB 1234 training is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
FISCAL IMPACT
There is no fiscal impact associated with this action.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:
Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Conflict of Interest Code
Attachment 4 – Appendix
Attachment 5 – Notice of Intention to Amend a Conflict of Interest Code