CITY OF POMONA
COUNCIL REPORT
September 11, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rosalia A. Butler, City Clerk
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING THE POMONA
CITY CODE CREATING AN ETHICS COMMISSION PURSUANT TO
THE PROVISIONS OF ARTICLE VIII , SECTION 807 OF THE
CHARTER OF THE CITY OF POMONA
______________________________________________________________________________ RECOMMENDATION:
It is recommended that the City Council introduce, waive further, and give first reading to the following ordinance:
ORDINANCE NO. 4337 – AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, CREATING AN ETHICS
COMMISSION PURSUANT TO SECTION 807 OF THE CITY CHARTER
OF THE CITY OF POMONA
EXECUTIVE SUMMARY:
At the November 8, 2022 General Municipal Election, the voters in Pomona approved to create an Ethics Commission through a new amendment to the City Charter (Attachment No. 1). This proposed Ordinance No. 4337 (Attachment No. 2) amends the City Charter to create an Ethics Commission.
FISCAL IMPACT:
Unknown at this time.
DISCUSSION:
According to Section 2-803 of proposed Ordinance No. 4337, the Ethics Commission shall have the following duties and responsibilities:
ATTACHMENT NO. 1
Amendment to City Code Regarding an Ethics Commission
“The Commission shall have the powers, duties and responsibilities set forth in this Division 8 and elsewhere in the City Charter which provides that the Commission shall monitor and advise on applicable governmental ethics laws as set forth in State law, the City Charter or City ordinance, regulation or policy, including but not limited to campaign finance limits and disclosure, nepotism, lobbying, conflict of interest and open meeting laws, to assure fai rness, openness, honesty and integrity in City government, including compliance by the City of Pomona, its elected officials, officers, employees, boards and commissions with said laws, regulations or policies; and 2) educate and respond to issues regarding the aforementioned laws, regulations, and policies.”
Prepared by:
_____________________________
Karla Shipman, CMC
Assistant City Clerk
ATTACHMENTS:
1) Attachment No. 1 – Approved Charter Amendment
2) Attachment No. 2 – Proposed Ordinance No. 4337
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA
ADDING AN ETHICS COMMISSION
Add the following new Section to the City Charter:
"ARTICLE VIII. Appointive Boards and Commissions
Sec. 807. - Ethics Commission
The Pomona City Council shall, by ordinance, establish an Ethics Commission which shall be responsible for:
(a) Monitoring and advising on applicable governmental ethics laws as set forth in State law, this Charter or City ordinance, regulation or policy, including but not limited to campaign finance limits and disclosure, nepotism, lobbying, conflict of interest and open meeting laws, to assure fairness, openness, honesty and integrity in City government, including compliance by the City of Pomona, its elected officials, officers, employees, boards and commissions with said laws, regulations or policies.
(b) Education and responding to issues regarding the aforementioned laws, regulations, and policies; and
(c) Impartial and effective administration and implementation of programs to accomplish the goals and purposes of the Commission as defined by this Section." ATTACHMENT NO. 1
ATTACHMENT NO. 2
ORDINANCE NO. 4337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA
CREATING A N ETHICS C OMMISSION PURSUANT TO SECTION 807
OF THE CITY CHARTER OF THE CITY OF POMONA
WHEREAS, Section 807 of the City Charter requires the City Council to create an Et hics Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. The City Council hereby f inds that the foregoing recital is true and correct and is incorporated herein.
SECTION 2. The City Council of the City of Pomona finds the adoption of this ordinance to be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation 15061(b)(3). Under Regulation 15061(b)(3), the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the e nvironment, the project is exempt from CEQA. This ordinance will not affect the physical environment by permitting a new use or intensif ying an existing use. T he ordinance establishes a policy commission. There is no potential for the changes to result in a signific ant effect on the environment.
SECTION 3. The City Council of the City of Pomona hereby adds a new Division 8 to Article 5 of Chapter 2 of the Pomona Municipal Code to read as follows:
“DIVISION 8.- ETHICS COMMISSION
2-801 Establishment and purpose.
2-802 Appointment
2-803 Duties and responsibilities.
Sec. 2-801. – Establishment.
There is hereby established a n Ethics Commission (hereinafter referred to as the “Commission”).
Sec. 2-802. – Appointment.
The Commission shall consist of seven (7) members who shall be appointed in accordance with Section 801 of the Pomona City Charter whereby the Mayor and each Councilmember shall appoint one Commissioner.
ATTACHMENT NO. 2
Sec. 2-803. – Duties and Responsibilities.
The Commission shall have the powers, duti es and responsibilities set forth in this Division 8 and elsewhere in the City Charter which provides that the Commission shall monitor and advise on applicable governmental ethics laws as set forth in State law, the City Charter or City ordinance, regulat ion or policy, including but not limited to campaign finance limits and disclosure, nepotism, lobbying, conflict of interest and open meeting laws, to assure fairness, openness, honesty and integrity in City government, including compliance by the City of Pomona, its elected officials, officers, employees, boards and commissions with said laws, regulations or policies; and 2) educate and respond to issues regarding the aforementioned laws, regulations, and policies.
SECTION 4. The City Clerk shall attest a nd certify to the passage and adoption of this Ordinance, and shall cause same to be posted as required by law and th is Ordinance shall take effect thirty (30) days after its final adoption.
SECTION 5. If any section, subsection, sentence clause or phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Pomona hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.
PASSED, APPROVED AND ADOPTED THIS ____ DAY OF _____, 2023
ATTEST: CITY OF POMONA:
Rosalia A. Butler, City Clerk Tim Sandoval, Mayor
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney
ATTACHMENT NO. 2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF POMONA )
I, ROSALIA A. BUTLER, CITY CLERK of the City of Pomona do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Pomona held on the ___ day of___, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Rosalia A. Butler, City Clerk