CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
9/23/2024
1 SUBJECT:
Adopt Resolution Amending the City's Conflict of Interest Code to Revise the List of Designated Employees
RECOMMENDED ACTION:
Adopt the resolution amending the City of Pacifica Conflict of Interest Code to revise the list of Designated Employees and repealing Resolution No. 61-2022.
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
California Government Code 87306.5 requires that each local agency review and, if necessary, revise its Conflict of Interest Code in even-numbered years. Public officials designated in Government Code section 87200 must file Statements of Economic Interest (Form 700s).
Additionally, pursuant to the City's Conflict of Interest Code, City employees and certain consultants who hold positions that involve making or participating in the making of decisions which may foreseeably have a material effect on the holder’s financial interests must file Statements of Economic Interest (Form 700s). A Conflict of Interest Code was first approved by Resolution No. 16-79, which has been amended periodically as noted below.
The City is required to review and, if necessary, revise its list of "Designated Employees" when the City creates new positions, revises job titles, eliminates positions or conducts a structural reorganization within City departments.
In order to comply with State law, the City must amend its Conflict of Interest Code to reflect the changes made in job titles and/or positions. Staff has reviewed new positions created and revised job descriptions that have been adopted subsequent to the update to the Conflict of Interest Code in September 2022. Accordingly, staff recommends adoption of a resolution amending the City's Conflict of Interest Code to revise the list of designated employees to reflect current positions. Exhibit A attached to the resolution included with this report reflects these changes, and is intended to supersede and repeal Resolution No. 61-2022, which approved the last Conflict of Interest amendment on September 26, 2022.
With the amendments to the list of Designated Employees (Exhibit A) the City's Conflict of Interest Code accurately reflects those positions that may make or participate in making decisions which may foreseeably have a material effect on the holder’s financial interests.
Making a decision may include voting on a matter, approving the budget, adopting policy, Pacifica City Council 2
September 23, 2024
making purchasing decisions and/or entering into contracts. Participating in a decision includes negotiating the terms or a contract, writing the specifications of a bid and/or advising or making recommendations to a decision-maker or governing body without significant intervening substantive review.
Notable amendments to the list of Designated Employees based on these criteria and the review of new and revised job classifications include:
• addition of “Finance and Administrative Services Director / City Treasurer” (new classification adopted by Resolution No. 63-2024)
• removal of “Chief Financial Sustainability Officer” (assumed by the position of Assistant City Manager and eliminated with the restructure including addition of classifications for Deputy Finance Director (Resolution No. 17-2022), Finance and Administrative Services Director / City Treasurer and filling of position for Economic Development Manager) • amend “Planning Director” to “Community Development Director” (reclassification adopted by Resolution No. 45-2024)
• amend “Deputy Director of Planning” to “Community Development Deputy Director” (title change pursuant to Resolution No. 45-2024)
• addition of “Senior Code Enforcement Officer” (new classification adopted by Resolution No. 85-2023)
• addition of “Principal Civil Engineer” (new classification adopted by Resolution No. 128- 2023)
• remove “Parks Supervisor” position (review of position indicates that the level of authority defers to the Public Works Superintendent position for decision-making authority as designated by the Conflict of Interest Code) • remove “Child Care Supervisor” and “Senior Services Supervisor” positions (reclassification of the “Recreation Supervisor” job description as adopted by Resolution No. 10-2023 encompasses the positions for the specific program areas of Recreation/Aquatic, Senior Services, Childcare); the “Recreation Supervisor” position will remain on the list of Designated Employees
Staff recommends the adoption of the resolution amending the City of Pacifica’s Conflict of Interest Code incorporating Exhibit A (Designated Positions). Exhibit B defines the Disclosure Categories and is attached for reference. No changes have been made to Exhibit B - Disclosure Categories.
FISCAL IMPACT:
None.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
Exhibit A - Designated Positions 2024 update (redlined) (PDF) Pacifica City Council 3
September 23, 2024
Exhibit B - Disclosure Categories (PDF)
Attachment C: 2024 Local Agency Notice - City Of Pacifica (PDF) Pacifica City Council 4
September 23, 2024
RESOLUTION NO. __-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AMENDING THE CITY OF PACIFICA’S CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES AND REPEALING RESOLUTION NO. 61-2022
WHEREAS, pursuant to California Government Code commencing with Section 87300, the City Council is required to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, pursuant to Government Code Section 87302, the Conflict of Interest Code shall provide for specific enumeration of the positions within the City, other than those specified in Government Code Section 87200, which involve the making or participation in the making of decisions which may foreseeably have material effect on any financial interest and for each such enumerated position, the specific types of investments, business position interests in real property and sources of income which must be reported; and WHEREAS, the Political Reform Act of 1974, (Government Code Section 8100 et seq.) requires state and local government agencies to adopt a Conflict of Interest Code and the Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal. Code of Regs. Sections 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and a hearing the standard code may be amended by the FPPC to conform to amendments in the Political Reform Act. The terms of 2 California Code of Regulations section 18730, and any amendments to it duly adopted by the FPPC, may be incorporated by reference into a local agency’s conflict of interest code; and
WHEREAS, the City Council approved a Conflict of Interest Code by Resolution No. 16-79 which has been amended from time to time to conform to amendments by approving Exhibit “A” and disclosure categories for certain designated positions with the City of Pacifica; and
WHEREAS, approval of this resolution supersedes and repeals Resolution No. 61- 2022 which approved the last Conflict of Interest amendment; and WHEREAS, it has been determined that the attached Exhibit A accurately sets forth those positions which should be designated, and Exhibit B the categories of financial interests which should be made reportable for each position; and WHEREAS, the Political Reform Act requires review of the Conflict of Interest Code every two (2) years to determine whether it is accurate or whether it should be amended; and
Pacifica City Council 5
September 23, 2024
WHEREAS, the City desires to update its current Conflict of Interest Code to revise the list of designated positions and disclosure categories.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that Exhibit A and Exhibit B attached hereto and incorporated by reference and the terms of 2 California Code of Regulations section 18730, as may be amended, shall constitute the City of Pacifica’s Conflict of Interest Code.
BE IT FURTHER RESOLVED that individuals holding designated positions identified in Exhibit A shall file Statements of Economic Interests (Form 700) with the City Clerk, to whom the City Council hereby designates the authority to carry out the duties of the Filing Officer, in the manner identified by the City Clerk. Statements of Economic Interest shall be made in a form prescribed by the Fair Political Practices Commission and supplied by the City of Pacifica.
BE IT FURTHER RESOLVED that the effective date of this amendment shall be the date this Resolution is adopted by the City Council and approval of this Resolution supersedes and repeals Resolution No. 61-2022, which approved the last Conflict of Interest amendment.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 23rd day of September 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney