City of South San Francisco
Citizens’ Academy
Sky Woodruff, City Attorney
City Attorney’s Office
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Role of the City Attorney’s Office
• Assist and advise the City Council and Successor
Agency in implementing their policies
• Assist and advise the City Manager and her staff as
they administer programs to implement the City
Council’s goals and to serve the residents
• Serve as counsel to the City Council, Successor
Agency, and Planning Commission at their meetings
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City Attorney Functions
• Assist in preparation of all agendas, resolutions, and ordinances
• Negotiate, draft, and prepare contracts on behalf of
the City
• Provide legal opinions related to the policies under
consideration by the City Council and staff
• Represent the City in litigation and manage outside
counsel
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Open Government
• Transparency is vital
in promoting public
trust and government
• Two key laws to ensure
transparency
– Ralph M. Brown Act
– California Public Records Act
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Brown Act: Purpose and Intent
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• All meetings of the legislative
body of the local agency
➢ shall be open and public
➢ and all persons shall be
permitted to attend any
meeting of the legislative
body of a local agency
➢ except as otherwise
provided in this chapter
Meetings
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• Majority discuss or
act on agency business
• Serial meetings
Exceptions:
• Individual contacts
• Conferences*
• Open community meetings*
• Another body of the agency*
• Social or ceremonial events*
• Standing committee meetings*
*Provided that a majority of
members don’t discuss
among themselves, other
than as part of the
scheduled program, agency
business
Public Records Act
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Public Records Act
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• What are agencies required
to do?
– Agencies must make nonexempt records available
to the public, upon request.
• What are agencies NOT required
to do?
– Agencies are not required
to create records in response
to a request; only to provide
records that already exist.
Public Records Act
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• What types of records are
EXEMPT from disclosure?
– Drafts
– Law enforcement investigation
records (except certain
circumstances)
– Documents protected by
attorney-client privilege
– Pending litigation
– Closed session materials
– Personnel files
– Medical records
Part II
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Political Reform Act of 1974
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Making or
attempting to
influence a
decision
With a
financial
interest
Public
officials
The Political Reform Act applies to
Political Reform Act of 1974
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4 Steps to Determine Conflict of Interest
1. Is it reasonably foreseeable that the governmental decision will have a financial effect on any of the public official's financial interests?
2. Will the reasonably foreseeable financial effect be material?
3. Can the public official demonstrate that the material financial effect on the public official's financial interest is indistinguishable from its effect on the public generally?
If yes to all three, absent an exception, he or she may not make, participate in making, or in any way attempt to use his or her official position to influence the governmental decision.
What constitutes an economic interest?
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6 Types of economic interests
• Business investments ($2000 or more)
• Business management positions
(in position of management)
• Real property ($2000 or more)
• Sources of income ($500 or more)
• Sources of gifts
• Personal financial effects
(expenses, income, assets, liabilities)
Gov. Code § 1090
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• Public officials may not be
financially interested in any contract
made by them in their official
capacities.
– Contracts are defined broadly
– Includes renewal, extension, or
renegotiation of existing contract
• Legislative bodies are prevented
from making contracts in which any
member of the body has an
interest.
http://ecx.images-amazon.com/images/I/41biVQti1hL._SX258_BO1,204, Gift and Travel Restrictions
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▪ No gifts from a single source aggregating in
excess of $630 in 12 months.
▪ Gifts aggregating $50 or more must be
disclosed on a Form 700.
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Many exceptions to gift restrictions exist:
▪ Gifts returned or donated to charity (without
claiming a deduction)
▪ Gifts from family members
▪ Informational material (books, papers)
▪ Birthday presents of equal value
▪ Bequest or inheritance
Exceptions to Gift Limitations
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• Promote transparency
and fair-dealing
• Inspire public confidence
• Ensure public officials
represent the interests
of the public
Why Ethics Regulations are Good for Government
http://threeandin.com/wp-content/uploads/2013/07/big5.jpg Questions?
19 Q&A
City of South San Francisco