DATE: SEPTEMBER 10, 2024
DEPARTMENT: ADMINISTRATION
FROM: PATRICIA M. BARAJAS, CITY CLERK
PATRICIA PEÑALOZA, HUMAN RESOURCES MANAGER
TITLE: CONFLICT OF INTEREST CODE - BIENNIAL REVIEW
RECOMMENDED MOTION:
Consider adopting an ordinance amending Salinas City Code Chapter 1, Article 3, updating the City’s conflict of interest code.
EXECUTIVE SUMMARY:
The Political Reform Act requires every local government agency to review its conflict of interest code biennially to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions. Agency officials include elected and appointed officials, governmental employees, and consultants who are required to disclose financial interests on their Statement of Economic Interests (Form 700). The last review of the Code was completed in 2022.
BACKGROUND:
The Political Reform Act (PRA) of 1974 designates positions that are required to file economic interest statements, including elected officials, Planning Commissioners, City Manager, City Attorney and Finance Director. Additionally, the PRA requires local agencies to adopt conflict of interest codes designating positions that participate in decision making process that may have a foreseeable material effect on financial interests, as outlined in California Government Code 82019.
The PRA requires a biennial review of local conflict of interest code to determine if an amendment is necessary. The attached ordinance amends Salinas City Code Chapter 1, Article 3 to reflect new positions, position reclassifications, deletes eliminated positions and positions not required to file. The amendment also clarified e-filing requirements, disclosure requirements, and enforcement.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
Amending the Salinas City Code as required by the Political Reform Act meets the City Council goal of Effective and Culturally Responsive Government by improving efficiencies and fostering transparency.
DEPARTMENTAL COORDINATION:
The City Clerk’s Office works directly with the Human Resources Department to identify changes in the designated positions list. Additionally, during the various filing deadlines, staff coordinates with all departments to ensure staff and designated filers, file their statement by the state-imposed deadlines.
FISCAL AND SUSTAINABILITY IMPACT:
Fund
Appropriation
Appropriation
Name
Total Appropriation
Amount for recommendation
FY 24-25 Operating Budget Page
Last Budget Action (Date, Resolution)*
1000
12.1120-63-4980
Outside Services-Maintenance Software
$200,000
n/a
55 6/11/24, 22979
1000
12.1120-63-6010
Outside Services - Other
$75,000
n/a
55 6/11/24, 22979
* The FY 24-25 Adopted Budget was adopted on June 11, 2024.
ATTACHMENTS:
Ordinance
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