June 25, 2024
Department
DATE: June 25, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Pamela Christian, City Clerk
Subject:
Resolution Amending Richmond’s Conflict of Interest
Code
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
February 15, 2022
STATEMENT OF THE
ISSUE:
The Political Reform Act requires the City of Richmond to review and update its conflict-of-interest code every two years. The City Attorney’s Office has reviewed the
current conflict of interest code and has determined that the code should be amended to update designated
positions.
RECOMMENDED ACTION:
ADOPT a resolution amending the City of Richmond’s
Conflict of Interest Code to ensure that all City positions required to file Statements of Economic Interest are
properly identified – City Attorney’s Office (Dave Aleshire 510-620-6509).
DISCUSSION:
The Political Reform Act of 1974 (Government Code section 81000, et seq.) requires all local government agencies to adopt a conflict of interest code. A local government agency’s conflict of interest code must list all agency positions that involve the making AGENDA
REPORT
June 25, 2024
or participation in making of decisions that “may foreseeably have a material effect on any financial interest.” Participation means, for example, negotiating the terms of a contract, writing the specifications of a bid or making recommendations to the decision- maker or governing body without significant intervening substantive review. This covers agency members, officers, and employees, and it may include volunteers on a committee if the members make or participate in making government decisions.
Designated employees are required by the code to file Statements of Economic Interests (Form 700s) and to disqualify themselves when conflicts of interest occur. A Statement of Economic Interest (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 interests.
The City Attorney’s Office, in consultation with other departments, determined which positions and commissioners should be included in the conflict of interest code as designated employees. We also determined what financial interests each category of designated employees should be required to disclose. Based on this review, the amended conflict of interest code designates the positions that are currently required to complete a Form 700 and assigns disclosure categories specifying the types of interests to be reported.
The City Clerk will send an electronic communication (e.g., email) to all those designated in the conflict of interest code with a filing obligation. The Clerk’s Office will work with each department point of contact to track and ensure that each filer electronically files their annual Form 700 by April 1. The point of contact for each department is responsible for the notification of incoming and departing designated employees that they are required to fill out Form 700s by April 1. These additional provisions will help to ensure that designated employees comply with their filing duties promptly.
As directed by the Fair Political Practices Commission, the City Council is the code- reviewing body for the City of Richmond. The last revision was completed in 2022.
Biennially, by October 1, the code reviewing body is required to approve revisions to the Code or receive formal notice that no revisions are required.
The proposed amendments to the City’s conflict of interest code require City Council approval to go into effect.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution to adopt Amended Conflict of Interest Code Attachment 2 – Appendix A – Designated Positions
Attachment 3 – Appendix B – Disclosure Categories
Attachment 4 – Appendix C - Regulations of the Fair Political Practices Commission