Title
Adoption of Resolution Amending Resolution No. 9460 to Reflect Current Positions and Entities to be Included in the City of Alameda's Conflict of Interest Code and Rescind Resolution No. 14734. (City Attorney)
Body
To: Honorable Mayor and Members of the City Council
From: Janet C. Kern, City Attorney
Re: Adopt a Resolution Amending Resolution No. 9460 to Reflect Current Positions and Entities to be Included in the City of Alameda's Conflict of Interest Code and Rescind Resolution No. 14734
BACKGROUND
State law requires the City of Alameda to adopt a Conflict of Interest Code which designates positions required to file a Statement of Economic Interests (Form 700). The Form 700 is a public document intended to alert public officials and members of the public to the types of financial interests that may create conflicts of interest. State law also requires that every government agency update its conflict of interest code every two years. The last amendments to the Conflict of Interest Code were adopted December 16, 2012. Staff recommends that the City Council adopt the resolution to amend Resolution No. 9460 to reflect current positions and entities to be included in the City of Alameda's Conflict of Interest Code and rescind Resolution No. 14734.
DISCUSSION
The Political Reform Act requires that every city adopt a Conflict of Interest Code. State law also requires that every government agency update its conflict of interest code every two years. Employees are to be included when they may participate in the making of decisions that may have a foreseeable material effect on any financial interest. Based upon a review of the current positions and discussion with Human Resources, the Designated Positions List has been revised to reflect departmental reorganizations and classifications which were created or eliminated since the last Code update. Each employee position has been reviewed to determine which employees are involved in the making of decisions potentially having a material effect on any financial interest.
Members of boards, commissions and committees are to be included when they have decision-making authority. The Fair Political Practices Commissions (FPPC) implements and interprets the Conflict of Interest provisions of the Political Reform Act. FPPC regulation C.C.R. 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 it may prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto which may not be overridden; or
(iii) It makes substantive recommendations which are, and over an extended period of time have been, regularly approved without a significant amendment or modification by another public official or governmental agency.
Each committee, board, and commission has been reviewed. This review included the existing committees, boards, and commissions and those created since adoption of Resolution No. 12073 on February 20, 1991. The record of each entity was reviewed to determine whether the City Council regularly approved their substantive recommendations without significant amendment or modification. The review showed that all of the current disclosure categories for all existing committees, boards and commissions are correct.
FINANCIAL IMPACT
There is no financial impact to the General Fund from the adoption of this resolution.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action conforms to the Municipal Code.
ENVIRONMENTAL REVIEW
This activity is not a project and is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15378 (b)(4) of the CEQA Guidelines.
RECOMMENDATION
Adopt a Resolution to amend Resolution No. 9460 to reflect current positions and entities to be included in the City of Alameda's Conflict of Interest Code and rescind Resolution No. 14734.
Respectfully submitted,
Janet C. Kern, City Attorney
By,
Alan M. Cohen, Assistant City Attorney
Financial Impact section reviewed,
Juelle Ann Boyer, Interim Finance Director