Title
Adoption of Resolution (a) Amending Resolution No. 9460 to Reflect Current Positions and Entities to Be Included in the City of Alameda's Conflict of Interest Code and (b) Rescinding Resolution No. 15910. (City Attorney 10023040)
Body
To: Honorable Mayor and Members of the City Council
From: Yibin Shen, City Attorney
EXECUTIVE SUMMARY
State law requires:
(a) the City of Alameda (City) to adopt a Conflict of Interest Code (Code) which designates classifications (positions) and members of elected and appointed bodies required to file a Statement of Economic Interests (Form 700), and
(b) every government agency to update its Code every two years. The attached resolution amends the Code to reflect current classifications and the current elected and appointed bodies for whom members must file the Form 700.
BACKGROUND
The Political Reform Act requires that every city adopt a Conflict of Interest Code. State law also requires that every government agency update its code every two years. Classifications of City employees are included in this Code when they participate in making governmental decisions that may have a foreseeable material effect on any of such employee's financial interest.
City Council is included in the Code and boards, commissions and committees are also included in the Code when they have decision-making authority. The Fair Political Practices Commission (FPPC) implements and interprets the Conflict of Interest provisions of the Political Reform Act. FPPC regulation Section 18701 provides guidance in determining whether a board or commission is solely advisory or has decision-making authority. It states:
(1) "Member" shall include, but not be limited to, salaried or unsalaried members of committees, boards or commissions with decision-making authority.
(A) A committee, board or commission possesses decision-making authority whenever:
(i) It may make a final governmental decision;
(ii) It may compel a governmental decision; or i...
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