FOR THE COUNCIL MEETING OF SEPTEMBER 17, 2024
COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Chief Deputy City Clerk Donna G. Schwartz
SUBJECT: Conflict of Interest Code Biennial Notice
The City Council will receive and file the 2024 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 Commission.
The Political Reform Act also requires that the COIC be reviewed every even -numbered year 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. Due to recent staff changes in the City Clerk’s Office, we are issuing this notice at this time.. Any changes to the COIC must then be submitted to the City Council by October 1st.
The last amendment to the COIC was made by the City Council on September 20, 2022, by adopting Resolution No. 2022 -96, based on recommended revisions and approved amendments to position classifications and job specifications on December 7, 2021, abolishing the Management Analyst classification to create a new Business Progr am Leader broad band classification. May 17, 2022, approving the Confidential Technician III and Business Program Leader classifications and adding a Confidential Secretary in the City Manager’s Office/Administration Division. August 2, 2022, approved and adopted new classifications: Automotive Service Writer, SharePoint Developer, and Transit Planner. August 16, 2022, adding to the COIC Digital Forensics Examiner based upon the duties provided in the job specifications.
The City Council on June 21, 2022 , adopted Resolution No. 2022 -64, approving the Organizational/Enterprise Leader (Non -Safety/Safety) and the Department/ Corporate/Executive Leader (Non-Safety/Safety) Classifications, and their corresponding 2 job specifications. These positions were included in the September 20, 2022, amendment to the COI.
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 title of existing positions, or delete titles of positions that have been abolished. This procedure ensures that the COIC remains current and consistent with the classifications and positions held by City employees.
On August 15, 2023, the City Council adopted Resolution No. 2023 -116, approving the establishment of GIS Analyst classification and corresponding job specification (via Resolution No. 2023-103).
On November 21, 2023, the City Council adopted Resolution No. 2023 -145, approving the establishment of Lead Police Services Technician and Investigative Specialist I/II Flex Series classifications and corresponding job descriptions (via Resolution No. 2023-103).
On December 19, 2023, the City Council adopted Resolution No. 2023 -160, approving the establishment of Legal Office Specialist classification and corresponding job specification (via Resolution No. 2023-103).
On February 20, 2024, the City Council adopted Resolution No. 2024-21, approving one full-time Deputy City Attorney/City Prosecutor position, for the City Attorney’s Office, one full-time Deputy Building Official, for the Community Development Department , and one full-time Account Clerk I/II for the Recreation and Parks Department. Additional positions were approved but the three positions noted would be required to file under the COIC.
On February 20, 2024, the City Council adopted Resolution No. 2024 -22, approving the establishment of three new job classifications of Administrative Leader, Program Leader, and Business Leader and corresponding job specifications.
Therefore, this Biennial Notice is being submitted to the City Council noting that amendments are required to the City’s COIC to include new position s, 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.
Fiscal Considerations
There is no foreseeable fiscal impact to the City’s General Fund as a result of this agenda item.
3 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.
ATTACHMENTS
A. 2024 Local Agency Biennial Notice