STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 24, 2024
TO: Mayor Members of the City Council
VIA: Dante Hall, City Manager SUBMITTED BY: Eibleis Melendez, City Clerk
SUBJECT: Conflict of Interest Code Biennial Review
RECOMMENDED ACTION: Adopt a Resolution amending the City’s Conflict of Interest Code for designated employees, consultants, boards, committees and commissions for the City of Hercules.
BACKGROUND:
The Political Reform Act of 1974 requires that cities and other local agencies adopt Conflict of Interest Codes and that these codes require disclosure of financial interests of certain employees, consultants, boards, commissions and committees, 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. Government Code Section 87309(c) states that the Code may not be approved if it “fails to adequately differentiate between designated employees with different powers and responsibilities.” With that in mind the City’s Conflict of Interest Code includes varying disclosure categories.
The City’s Conflict of Interest Code does not list the City Council, Planning Commission, City Manager, City Attorney or Treasurer (Finance Director) as these positions are required under Government Code §87200 to report to the Fair Political Practices Commission (FPPC). No other commissions are required to report under the City’s Conflict of Interest Code as they are advisory to the City Council only.
The City Council last amended the Conflict of Interest Code on October 11, 2022 by Resolution No. 22.-086. State law requires every local governmental agency to periodically review its Conflict of Interest Code to determine if it is up to date. After a review of the City’s Code, it has been determined that one (1) position title needs to be amended, and one (1) position title needs to be added. The position of Human Resources Administrator needs to be amended to Human Resources Technician and the position of Human Resources Manager needs to be added. Recommendations for amendments to the list are underlined and any deletions are shown with strikethrough.
FISCAL IMPACT:
There is no fiscal impact as a result of this item.
ATTACHMENTS:
Resolution with Exhibit “A”
Local Agency Biennial Notice
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