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. 15661. (City Attorney 10023040)
Body
To: Honorable Mayor and Members of the City Council
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 the making of governmental decisions that may have a foreseeable material effect on any of such employee’s financial interest.
A 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 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.
Employees in the classifications in the Code, City Council members, and members of appointed bodies identified in such Code must file FPPC Form 700 annually, as well as when the person is appointed or elected and when they leave office. Form 700 is a public document intended to alert public officials and members of the public about the person’s financial interests in governmental decisions that require the person to not participate in the decision.
DISCUSSION
Based on a review of the current employment classifications that meet the relevant criteria, 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 classification has been reviewed to determine which employees are involved in the making of governmental decisions that potentially have a material effect on any such employee’s financial interest.
Each committee, board, and commission has been reviewed. This review included existing committees, boards, and commissions and those created since adoption of Resolution No. 12073 on February 20, 1991. The record of each committee, board or commission was reviewed to determine whether the City Council regularly approved their substantive recommendations without significant amendment or modification.
ALTERNATIVES
State law requires that the City Council consider every two years whether its Conflict of Interest Code is current. If City Council believes other classifications or other boards, commissions or committees should be included, it may do so.
FINANCIAL IMPACT
There is no financial impact to the General Fund or any other City fund from the adoption of this resolution.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action conforms to the Alameda 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.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Adopt a 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. 15661.
Respectfully submitted,
Lisa K. Cooper, Paralegal
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Cc: Dirk Brazil, Interim City Manager