STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 22, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim 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 September 24, 2024 by Resolution No. 24.-062. State law requires every local governmental agency to review its Conflict of Interest Code every two years to determine if it is up to date. After a review of the City’s Code, staff has determined that the Disclosure Categories for certain classifications require an amendment. These positions include City Clerk/PIO, Human Resources Manager, Police Administrative Specialist, Chief of Police and Public Works Superintendent. The recommended amendments will properly align each position’s disclosure requirement with its current job responsibilities. Recommended amendments are indicated by strikethrough text in Exhibit A.
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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