Agenda Item A.2
CPMS CONSENT CALENDAR
Meeting Date: June 18, 2024
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O: Mayor and Councilmembers
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UBMITTED BY: Deborah S. Lopez, City Clerk
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REPARED BY: David J. Cutaia, Deputy City Clerk
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UBJECT: Biennial Review of the Conflict of Interest Code RE
COMMENDATION:
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irect staff to prepare a revised Conflict of Interest Code within 90 days for submittal to the City Council for final approval and adoption.
BACKG
ROUND:
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he Political Reform Act (GCS 87300 - 87313) requires each local government agency in California to review its Conflict of Interest Code biennially to determine if it is accurate, or alternatively, if the Conflict of Interest Code must be amended. Once a determination has been made, a notice must be submitted to the City Council.
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his item is to request that the City Council direct staff to review the Conflict of Interest Code and return to the City Council with recommendations for amendments, if any, to the Conflict of Interest Code for the City of Goleta.
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SCUSSION:
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eview of the Conflict of Interest Code (Code) consists of: (1) Evaluating the City's organizational structure to determine if any changes have occurred since the last review that would necessitate adding or deleting positions in order to accurately reflect all the positions that make or participate in the making of governmental financial decisions; and, (2) any changes that may need to be incorporated into the designated disclosure categories.
The City's Conflict of Interest Code was last amended on September 15, 2020 ( via Resolution No. 20- 55). Since then, the City has changed organizationally, the City has added a department, staffing has increased and positions may have been eliminated or renamed, therefore s taff recommends a thorough review of the Code in order to determine if amendments are needed. After receipt of the Biennial Notice, the City Council has 90 days in which to adopt an amended Conflict of Interest Code. Further, Gov. Code 1 Meeting Date: June 18, 2024
section 87311 requires staff to notice and allow a fair opportunity for officers, employees, members, consultants, and residents of the city to review the proposed revised Code and to present their views prior to its submission to the City Council.
The City’s local Conflict of Interest Code does not establish any disclosure obligation for positions mandated by State law to file disclosure statements which include Mayors, Members of the City Council, candidates for City elective offices, Members of the Planning Commission, City Manager, City Attorney, and City Treasurer , as Government Code Section 87200 et seq., requires disclosure for these positions as a matter of state law.
FISCAL IMPACTS:
There is no fiscal impact associated with this item
ALTERNATIVES:
There are no alternatives, each local agency is required to review its code at least every even-numbered year.
LEGAL REVIEW BY: Megan Garibaldi, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:
1. 2024 Local Agency Biennial Notice Instructions for Local Agencies
2. 2024 Local Agency Biennial Notice
2 Attachment 1
2024 Local Agency Biennial Notice Instructions for Local Agencies 3 [email protected] 1.866.275.3772 or 916.322.5660
www.fppc.ca.gov FPPC • 076-04.2024 • Page 1 of 1
FAIR POLITICAL PRACTICES COMMISSION
2024 Conflict of Interest Code
Biennial Notice Instructions for Local Agencies
The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).
By July 1, 2024: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes.
By October 1, 2024: The biennial notice must be filed with the agency’s code reviewing body.
The FPPC has prepared a 2024 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools ). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them.
The Local Agency Biennial Notice is not forwarded to the FPPC.
If amendments to an agency’s conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency’s amended code is not effective until it has been approved by the code reviewing body.
If you answer yes, to any of the questions below, your agency’s code probably needs to be amended.
• Is the current code more than five years old?
• Have there been any substantial changes to the agency’s organizational structure since the last code was approved?
• Have any positions been eliminated or re-named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved?
If you have any questions or are still not sure if you should amend your agency’s conflict of interest code, please contact the FPPC. Additional information including an online webinar regarding how to amend a conflict of interest code is available on FPPC’s website.
4 Attachment 2
2024 Local Agency Biennial Notice
5 www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2024 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
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.)
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)
The code is currently under review by the code reviewing body. 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 holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and 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.
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