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2020 CONFLICT OF INTEREST CODE AMENDMENT
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RECOMMENDATION
It is recommended that City Council adopt a resolution to amend the City’s Conflict of Interest Code by adding and deleting certain designated positions.
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Summary
This is the Biennial Review and amendment to the City’s Conflict of Interest Code as required by the Fair Political Practices Commission. In June 2020, all Departments were notified of the review and were requested to submit any changes to their department’s designated positions as reflected in the Conflict of Interest Code. The amendments to the Conflict of Interest Code were made as indicated in Attachment A as strike-out text and red text. The Disclosure Categories and department amendments have been reviewed and approved by the City Attorney.
DISCUSSION
Background
The Political Reform Act (Cal. Gov. Code § 87100, et seq.) (“the Act”) requires every city to adopt a Conflict of Interest Code that identifies designated officials and employees in the agency who must file a financial disclosure statement. This section of the Act was established to ensure that:
“No public official at any level of state or local government shall make, participate in making, or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest” (Cal. Gov. Code § 87100).
Government Code Section 87200 of the Act requires certain public officials, including City Mayors and Councilmembers, City Managers, City Attorneys, City Treasurers, and Planning Commissioners to file an annual statement fully disclosing economic interests. The Act specifically excludes designation of positions in conflict of interest codes that are covered under section 87200, and therefore, those positions are not included in this review. Statements completed by officials holding these positions are filed with the Fair Political Practices Commission (FPPC) through the City Clerk.
Government Code section 91013 authorizes the City Clerk, as the Filing Official for the City of Stockton, to impose a late filing penalty in the form of a fine of $10 per day for each day a statement is late up to a maximum fine of $100.
Present Situation
The Act requires agencies to amend their code "...when change is necessitated by changed circumstances, including the creation of new positions which must be designated..." (Cal. Gov. Code § 87306). The Council is required to approve by resolution its current Conflict of Interest Code with modifications recommended by staff as noted in Attachment A. Newly designated positions are written in red text. Previously designated positions recommended for deletion are lined through, all departments were reorganized in alphabetical order.
FINANCIAL SUMMARY
There is no financial impact to the City as a result of these amendments.
Attachment A - 2020 Conflict of Interest Code Redlined