City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: JUNE 14, 2022 FROM: CITY CLERK’S OFFICE WARDS: ALL
SUBJECT: CONFLICT OF INTEREST CODE AMENDMENTS
ISSUE:
Direct the City Clerk and City Attorney to coordinate the biennial review of the City’s Conflict of Interest Codes as required by State law.
RECOMMENDATION:
That the City Council direct the City Clerk and City Attorney to coordinate the biennial review of the Conflict of Interest Codes for employees, board and commission members, and the Successor Agency to the Redevelopment Agency of the City of Riverside for consideration before October 1, 2022.
BACKGROUND:
The Political Reform Act prohibits public officials from using their official position to influence a governmental decision in which they have a financial interest. Every state and local agency must adopt a Conflict of Interest (COI) Code that identifies all officials and employees within the agency who make governmental decisions based on the positions they hold. The individuals in the designated positions must disclose their financial interests as specified in the agency's conflict of interest code.
Pursuant to Section 87306.5 of the California Government Code, the City Council, in its role as "Code Reviewing Body," must direct that the COI Codes for employees, public officials, board and commission members, and the Successor Agency to the Redevelopment Agency of the City of Riverside be reviewed.
The City Council previously reviewed and adopted resolutions amending the COI Codes for the City of Riverside and Successor Agency to the Redevelopment Agency employees, officials, and board and commission members in December 2020.
DISCUSSION:
The Government Code provides:
(1) Before July 1 of every even-numbered year, the City Council directs such a review; and (2) By October 1, the City Council must determine that no amendments to the Codes are necessary or order that required revisions be submitted for adoption within 90 days.
Therefore, to remain compliant with the Government Code, City Council shall direct City Clerk and City Attorney to coordinate the biennial review of the COI Codes.
STRATEGIC PLAN ALIGNMENT:
The Biennial Conflict of Interest Code Review contributes to Strategic Priority No. 5 - High Performing Government and Goal No. 3 Enhance communication and collaboration with community members to improve transparency, build public trust, and encourage shared decision-making.
The City’s Conflict of Interest Code aligns with four of the five Cross-Cutting Threads as follows:
1. Community Trust - Amendments to the COI Codes enhances transparency by sharing reportable investments, business positions, interests of real property, or sources of income that may foreseeably be affected by designated employees’ position as conflict with City.
2. Equity – All city positions subject to the COI Codes are reviewed biennially to ensure that all individuals making financial decisions on behalf of the city are included.
3. Fiscal Responsibility – The COI Codes is reviewed biennially to ensure all public officials, employees, and consultants, who make or participate in making governmental decision that could cause a conflict of interest to City as required by the Political Reform Act.
4. Innovation – This item is neutral towards this cross-cutting thread.
5. Sustainability & Resiliency - This item is neutral towards this cross-cutting thread.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
Prepared by: Donesia Gause, City Clerk
Approved as to form: Phaedra A. Norton, City Attorney
Biennial Review of the Conflict of Interest Code ● Page 2