FOR THE COUNCIL MEETING OF OCTOBER 1, 2024
COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Chief Deputy City Clerk Donna G. Schwartz
SUBJECT: Adoption of a Resolution Approving an Amendment to Conflict of Interest Code
Description:
Amending the City’s Conflict of Interest Code
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required
RECOMMENDATION:
Adopt a Resolution approving the Conflict of Interest Code Amendment.
BACKGROUND:
The Political Reform Act of 1974, as amended, requires that local government agenc ies 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 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, eliminating the Management Analyst classification to create a new Business Program Leader 1 broad banded classification. May 17, 2022, approving the Confidential Technician III and Business Program Leader 1 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, Share Point 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/ 2 Corporate/Executive Leader (Non-Safety/Safety) Classifications, and their corresponding 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 eliminated. 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 (1) full-time *Deputy City Attorney/City Prosecutor position, for the City Attorney’s Office, (1) full-time *Confidential Technician II, in the Risk Management Division, (1) full-time *Deputy Building Official, for the Community Development Department, (9) full -time Firefighter positions for the Fire Department, (1) full-time Senior Park Services Officer for the Recreation and Parks Department, (1) full-time *Account Clerk I/II for the Recreation and Parks Department, (1) full -time *Business Program Leader for the Utilities Department, (1) full-time *Wastewater Supervisor for the Utilities Department, and (1) full- time *Water Resources Manager for the Utilities Department. *Seven of these positions would be required to file under the COIC.
On February 20, 2024, the City Council adopted Resolut ion No. 2024-22, approving the establishment of three new job classifications of Administrative Leader, Program Leader, and Business Leader and corresponding job specifications.
The classification of Business Program Leader will be abolished due to the establishment of the three new job classifications of the Administrative Leader, Program Leader, and Business Leader that was approved February 20, 2024 , as the broadband classification is no longer in use.
A biennial notice was submitted to the City Counci l on September 17, 2024 (late submission due to changes in the City Clerk’s Office), as required by the Fair Political 3 Practices Commission, noting amendments to the COIC that were required and that they would be completed by the October 1st deadline.
As a result of the personnel changes from August 15, 2023, through February 20, 2024, inclusive of the Budget for Fiscal Year (FY) 23-24, it is necessary to amend Appendix A of the City’s Conflict of Interest Code to reflect new, reclassified, and abolished positions and ensure that the COIC remains updated and consistent with State Law.
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 review ensures the agencies’ COIC is updated and consistent with the classifications and positions held by City employees and provides the general public with information on designated employees’ economic interests.