Fremont City Council Meeting: 09/13/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Plans, Policies and Studies
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4647) DOC ID: 4647
Updated: 9/9/2022 10:02 AM by Alberto Quintanilla Page 1 UPDATE OF CONFLICT OF INTEREST CODE - Adopt a Resolution Updating the Conflict of Interest Code for the City of Fremont
Contact Persons:
Name: Susan Gauthier Christina Briggs
Title: City Clerk Assistant City Manager
Div/Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-284-4022
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to request that the City Council adopt a resolution amending Fremont’s Conflict of Interest Code as it relates to the positions designated to fill out the Form 700.
BACKGROUND: The Political Reform Act of 1974 requires that cities and other local agencies adopt local Conflict of Interest Codes. Fremont has had such a code in effect since the 1970s. Fremont’s Code requires disclosure of financial interests of certain employees, consultants and members of boards and commissions if these persons are likely to be involved in decision-making that could affect their own financial interests.
All public employees must comply with the State’s general conflict of interest laws by abstaining from influencing or making decisions that would affect their own financial interests. Additionally, employees who hold positions designated in the City’s Conflict of Interest Code must disclose specified types of financial interests on annual financial disclosure statements that are filed with the City Clerk.
DISCUSSION/ANALYSIS: The City Council last amended the Fremont Conflict of Interest Code on September 8, 2020. State law requires every local governmental agency to periodically review its Conflict of Interest Code to determine whether it is accurate and up - to-date. Updates do not change the basic conflict of interest abstention rules. These rules reflect State law. However, changes in City staff organizational structure and responsibilities require that the designated position list and disclosure categories be updated as indicated below.
Council is being asked to approve the following two documents:
1. List of Designated Positions: The list of designated positions is part of the City’s Code and designates which employees must file annual financial disclosure statements. For each designated position, the list establishes the categories of financial interests for which disclosure must be made. Requirements for disclosure differ from job to job in accordance with the kinds of financial interests that might be affected by an officer’s or employee’s decision making. For example, the disclosure category for Fleet Maintenance Manager is narrowly drawn to require disclosure only of financial interests in automotive, automotive facility, or construction equipment, material, supplies or services companies. The Planning Manager, by contrast, must make a very broad disclosure, which includes sources of income, investments, and Staff Report (ID # 4647) Meeting of September 13, 2022 Updated: 9/9/2022 10:02 AM by Alberto Quintanilla Page 2 interests in real property. A copy of the proposed list of designated positions, reflecting changes since the last revision, is enclosed.
2. Disclosure Categories: The disclosure categories establish the types of financial disclosure that must be made for each position and the Fair Political Practices Commission (“FPPC”) forms that must be completed by the employee. A copy of the list of disclosure categories is enclosed.
Both documents will be incorporated into the resolution to be adopted by the City Council.
ATTACHMENTS:
• DRAFT RESOLUTION - Amending Conflict of Interest Code • DRAFT - Designated Positions_Appendix
• DRAFT - Disclosure Categories_Appendix
RECOMMENDATION: Adopt a resolution amending Fremont’s Conflict Of Interest Code as it relates to the Form 700 designated positions and the disclosure categories.