CITY OF POMONA
COUNCIL REPORT
December 16, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Scott, City Manager
Submitted By: Rosalia A. Butler, City Clerk
SUBJECT: BIENNIAL REVIEW AND ADOPTION OF THE CITY’S AMENDED CONFLICT OF INTEREST CODES RECOMMENDATION:
It is recommended that the City Council adopt the following resolutions amending the Conflict of Interest Codes for the City of Pomona, Pomona Housing Authority, and Pomona Successor Agency of the Former Redevelopment Agency:
RESOLUTION NO. 2024-204 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL AND SPECIFIED AND DESIGNATED OFFICERS AND EMPLOYEES RESOLUTION NO. 2024-205 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE GOVERNING BOARD OF THE POMONA HOUSING AUTHORITY AND DESIGNATED CITY EMPLOYEES BY INCORPORATING CALIFORNIA CODE OF REGULATIONS SECTION 18730 - THE STANDARDIZED CONFLICT OF INTEREST CODE RESOLUTION NO. 2024-206 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE APPLICABLE TO THE SPECIFIED AND DESIGNATED OFFICERS AND EMPLOYEES OF THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY EXECUTIVE SUMMARY:
Government Code Section 87306.5 requires local agencies to review their Conflict of Interest Codes every even-numbered year and determine whether the Codes need to be amended. Upon completing the 2024 biennial review of the City of Pomona’s (“City”), the Pomona Housing Authority’s (“Housing Authority”), and Pomona Successor Agency of the Former Redevelopment Agency (“Successor Agency”) Conflict of Interest Codes, staff has determined that each Code requires amendments to reflect changes in departmental organization and employee titles. Adoption of the attached resolutions (Attachment No.’s 1, 2 & 3), will approve the proposed amendments to the City’s, Housing Authority’s, and Successor Agency’s Conflict of Interest Code.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
There is no fiscal impact to this action.
DISCUSSION:
Under the Political Reform Act, all public agencies are required to adopt a Conflict-of-Interest Code. Besides the terms of the Code, a Conflict-of-Interest Code designates positions required to file Statements of Economic Interest (Form 700) and assigns disclosure categories specifying the types of interests to be reported. The Form 700 is a public document intended to alert public officials and members of the public to the types of financial interests that may create conflicts of interest.
The Political Reform Act requires every local government agency to review its Conflict-of-Interest Code biennially to determine if it is accurate and up-to-date and/or if it needs to be amended. The Code reviewing body for city agencies is the City Council; therefore, the City Council shall approve the Conflict-of-Interest Code and any amendments for the City, Housing Authority, and Successor Agency.
The City Council, City Manager, City Attorney, City Treasurer, and Planning Commissioners are NOT included as “designated positions” as the disclosure obligations for these positions are set forth by Government Code Section 87200, et. seq.
Upon completing the 2024 biennial review of the City’s, Housing Authority’s, and Successor Agency’s Conflict of Interest Codes, staff has determined that Appendix A of the Conflict of Interest Codes for the City, Housing Authority, and Successor Agency require amendments to accurately reflect organizational changes, current staffing, position title changes, and corresponding disclosure levels. The attached resolutions (Attachment No.’s 1, 2 & 3) amend the Appendices of the Conflict of Interest Codes for the City, Housing Authority, and Successor Agency.
By incorporating California Code of Regulations Section 18730 by reference (Attachment No. 4), the City, Housing Authority, and Successor Agency comply with the Political Reform Act’s Conflict of Interest Code adoption requirements starting at Government Code Section 87300. In addition, Pomona City Charter Section 1403 and City Code Section 2-971 contain conflict of interest provisions, which are also incorporated by reference.
The Conflict of Interest Codes each contain the following Appendices:
Appendix A, which specifies the designated officers and employee positions and the disclosure category for each; Appendix B, which sets forth required disclosure for consultants; and Appendix C, which sets forth the disclosures required for each disclosure category.
Changes are shown in strikeout and bold/underline format.
Prepared by:
_____________________________
Rosalia A. Butler, MMC
City Clerk
ATTACHMENT(S):
Attachment No. 1 – Resolution No. 2024-204, adopting City’s Conflict of Interest Code Attachment No. 2 – Resolution No. 2024-205, adopting Pomona Housing Authority’s Conflict of Interest Code Attachment No. 3 – Resolution No. 2024-206, adopting Pomona Successor Agency Conflict of Interest Code Attachment No. 3 – California Code of Regulations Section 18730 Adoption of City’s Amended Conflict of Interest Code