FOR THE COUNCIL MEETING OF JUNE 7, 2022
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared By: Chief Deputy City Clerk
SUBJECT: CONFLICT OF INTEREST CODE BIENNIAL NOTICE
RECOMMENDATION:
That the City Council receive and file the 2022 Conflict of Interest Code Biennial Notice.
BACKGROUND:
The Political Reform Act of 1974, as amended, requires that local government agencies adopt a Conflict of Interest Code (COIC) listing those employees who make or participate in the making of governmental decisions which may foreseeably have a material effect on any financial interest and are not covered by Section 87200 of the Government Code.
Section 87200 of the Government Code specifies those positions which are required by State law to file Statements of Economic Interest. They include the Mayor, City Council, City Treasurer, City Manager, City Attorney, and Planning Commissioners.
The Political Reform Act also requires that the COIL be reviewed every two years in even - numbered years to ensure it is still valid and includes all the classifications that should be filing Statements of Economic Interest. This Biennial Notice must be submitted to the Code Reviewing Body (the City Council) no later than July 1st of even -numbered years.
Any changes to the COIL must then be submitted to the City Council by October 15'.
DISCUSSION:
Prior to submitting the Biennial Notice to the City Council, staff is to determine if amendments are necessary to include new positions, delete positions that manage public investments from the list of designated positions, review disclosure categories, review the titles of existing positions, or delete titles of positions that have been abolished.
Since the last Biennial Notice was prepared two years ago, staff has made a conscientious effort to update the COIL as classification changes were approved and staff positions changed. This procedure provides that the COIL remains current and consistent with the classifications and positions held by City employees. It also gives the Records/City Clerk's Division the authority necessary to require Statements of Economic Interest of employees being hired or promoted into new classifications immediately, instead of months later.
The last amendments to the COIL were made by the City Council on June 15, 2021, to include the creation of the classifications of Executive Administrator and Risk Manager
positions. The classification of Chief Human Resources & Organizational Development Officer was modified to that of Chief Human Resources Officer; and the Successor Agency Oversight Board Member classification was removed when the Board disbanded on June 30, 2018, with continued oversight by the Countywide Oversight.
Additional updates to the COIC will be made to implement: 1) changes adopted by Resolution No. 2021-132 in December 2021 abolishing the Management Analyst - associated classifications and establishing the Business/Program Leader 1/11/111 classifications, 2) changes adopted by Resolution No. 2022-45 on May 17, 2022, resulting from amendments to the 2021-22 third quarter Budget; and 3) changes to be effectuated by the adoption of the 2022-24 Budget.
Therefore, this Biennial Notice is being submitted to the City Council noting that amendments are required to the City's COIC to include new positions, revise titles of existing positions, and delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions in accordance with the law. It is anticipated that a revised COIC will be presented to the City Council for adoption on July 5, 2022.
Fiscal Considerations
There is no foreseeable fiscal impact to the City's General Fund as a result of this agenda item.
Impact to the Community
The Biennial Notice ensures that agencies' COIC is updated regularly to provide the general public with information on designated employees' economic interests.
RHONDA M. WHITE, CMC
Chief Deputy City Clerk
Attachment: 2022 Local Agency Biennial Notice
2 2022 Local Agency Biennial Notice
Name of Agency. City of Santa Maria
Mailing Address: 110 E. Cook Street, Santa Maria, CA 93454 Contact Person.Rhonda White, CMC Phone No 805-925-0951 x2307 Email: [email protected] Alternate Email [email protected] Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
✓❑ An amendment is required. The following amendments are necessary:
(Check all that apply.)
❑. Include new positions
❑ Revise disclosure categories
(] Revise the titles of existing positions
• Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
O Other (describe)
O The code is currently under review by the code reviewing body.
O No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Govemment Code Section 87302.
S%/4 i12o2F—
Signature of Chief E7ecutive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fppc.ca.00v
FPPC Advice: advice(Wfpoc.ca.aov (866.275.3772)