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HomeMy Public PortalAbout22-59RESOLUTION NO. 22-59 CITY OF MILLBRAE, COUNTY OF SAN MATEO STATE OF CALIFORNIA *** RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILLBRAE AMENDING THE CONFLICT OF INTEREST CODE WHEREAS, pursuant to California Government Code Section 87306.5, the City of Millbrae must review its Conflict of Interest Code every even-numbered year and update it as necessary; and WHEREAS, the City adopted its Conflict of Interest Code in 1979 pursuant to Resolution No. 79-145 and has amended the Code fifteen times to be consistent with changes in the law and staffing; and WHEREAS, pursuant to the biannual review, this year the City Attorney and staff are recommending adoption of an updated Conflict of Interest Code which reflects current staff positions and applicable Disclosure Categories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofMillbrae that the amended Conflict of Interest Code, which is attached, is adopted. REGULARLY PASSED AND ADOPTED this 26th day of July, 2022. CLl(r)(U Mayor ATTEST: ^^1 W7'E City Clerk 18749729.1 Resolution No. 22-59 I do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City ofMillbrae this 26th day of July 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: EXCUSED: COUNCILMEMBERS: Oliva, Papan, Fung, Holober, Schneider None None None None •^^1'WVt. CITY CLERK Attachment 1 – Exhibit A 18705291.2 CONFLICT OF INTEREST CODE CITY OF MILLBRAE Adopted in December 11, 1979 pursuant to Resolution No. 79-145 Amended on October 13, 1992 by Resolution No. 92-112 Amended on August 9, 1994 by Resolution No. 94-77 Amended on September 24, 1996 by Resolution No. 96-101 Amended on September 22, 1998 by Resolution No. 98- 74 Amended on September 26, 2000 by Resolution No. 00-122 Amended on September 24, 2002 by Resolution No. 02-96 Amended on October 12, 2004 by Resolution No. 04-65 Amended on September 12, 2006 by Resolution No. 06-58 Amended on September 9, 2008 by Resolution No. 08-45 Amended on September 14, 2010 by Resolution No. 10-33 Amended on November 13, 2012 by Resolution No. 12-38 Amended on September 23, 2014 by Resolution No. 14-47 Amended on October 11, 2016 by Resolution No. 16-43 Amended on October 23, 2018 by Resolution No. 18-66 Amended on October 13, 2020 by Resolution 20-65 Amended on July 26, 2022 by Resolution 22-59 2 CONFLICT OF INTEREST CODE CITY OF MILLBRAE The Political Reform Act of 1974, Government Code Sections 81000 et seq., requires state and local governmental agencies to adopt and promulgate Conflict of Interest codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard Conflict of Interest code, which can be incorporated by reference in any agency’s code. After public notice and hearings, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Millbrae and the Successor Agency to the Millbrae Redevelopment Agency. Individuals holding designated positions shall file their statements of economic interests with the City Clerk, who will make the statements available for public inspection and reproduction (Gov. Code Section 81008). Upon receipt of the statements of the Mayor, members of the City Council and Planning Commission, City Manager, Director of Finance and City Attorney, the City shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. All other statements shall be retained by the City, which shall be the filing officer. 3 APPENDIX A DESIGNATED POSITIONS BY DEPARTMENT Administration Disclosure Category Assistant City Manager/Human Resources Director 1, 2, 3, 4 City Clerk 1, 2, 3, 4 Public Information Officer 1, 2 Community Development Disclosure Category Community Development Director 1, 2, 3, 4 Planning Manager 1, 2, 3, 4 Building Official 1, 2, 3, 4 Code Enforcement Officer 1, 2, 3. 4 Senior Planner 1, 2, 3 Finance Disclosure Category Deputy Finance Director 1, 2, 3, 4 Fire Disclosure Category Fire Chief* 1, 2, 3 Deputy Fire Chief 1, 2, 3 Fire Marshal* 1, 2, 3 Recreation Disclosure Category Recreation Director 1, 2, 3, 4 Parks and Recreation Commissioners 1, 2, 3 Police Disclosure Category Police Chief** 1, 2, 3 4 Public Works Disclosure Category Public Works Director 1, 2, 3, 4 Deputy Director of Public Works 1, 2, 3, 4 Senior Civil Engineer 1, 2, 3 Treatment Plant Superintendent 1, 2 City Wide Disclosure Category Management Analyst*** 1, 2 New Positions*** 1, 2, 3, 4 Consultants*** 1, 2, 3, 4 * The Fire Chief and Fire Marshal serve by contract with Central County Fire. ** The Police Chief serves by contract with San Mateo County Sheriff’s Office. *** Consultants/New Positions are included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The City Manager may determine in writing that a particular consultant or new position, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest code. 5 The following positions are NOT covered by the Conflict of Interest code because they must file under Government Code Section 87200 and, therefore, are listed for informational purposes only: Mayor Member of the City Council City Manager Director of Finance City Attorney Planning Commissioner An individual holding one of the above listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Government Code Section 87200. Members of the Successor Agency to the Millbrae Redevelopment Agency and any employees or consultants providing assistance to the Successor Agency shall have disclosure requirements identical to the requirements they have in their capacity and positions as council members, employees, or consultants of the City of Millbrae. 6 APPENDIX B DISCLOSURE CATEGORIES Category 1. Interests in real property, located in whole or in part within the boundaries of San Mateo County or within two miles of the County. Category 2. Investments, business positions, and sources of income, including loans, gifts, and travel payments, from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. Category 3. Investments, business positions and income, including gifts, loans and travel payments, from sources that are subject to the regulatory, permit or licensing authority of, or have an application for a license or permit pending before, the City. Category 4. Investments, business positions and income, including gifts, loans and travel payments, from sources that have filed a claim against the City within the last two years or have a claim pending against the City. FAIR POLITICAL PRACTICES COMMISSION 2022 Conflict of Interest Code Biennial Notice Instructions for Local Agencies The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700). By July 1, 2022: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes. By October 3, 2022: The biennial notice must be filed with the agency's code reviewing body. The FPPC has prepared a 2022 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them. The Local Agency Biennial Notice is not forwarded to the FPPC. If amendments to an agency's conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency's amended code is not effective until it has been approved by the code reviewing body. If you answer yes, to any of the questions below, your agency's code probably needs to be amended. Is the current code more than five years old? Have there been any substantial changes to the agency's organizational structure since the last code was approved? Have any positions been eliminated or re-named since the last code was approved? Have any new positions been added since the last code was approved? Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved? If you have any questions or are still not sure if you should amend your agency's conflict of interest code, please contact the FPPC. Additional information including an online webinar regarding how to amend a conflict of interest code is available on FPPC's website. advice@fppc.ca.gov 1.866.275.3772 or 916.322.5660 www.fppc.ca.QOV FPPC • 076-04.2022 • Page 1 of 1 Attachment 2 2022 Local Agency Biennial Notice Name of Agency: cityofMI"brae. Mailing Address: 621 Magnolia Ave Contact Person:Thomas C. Williams Phone No.650-259-2414 Email twilliams@ci.miltbrae.ca.us Alternate Email:administration@ci.millbrae.ca.us Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one BOX): U An amendment is required. The following amendments are necessary: (Check all that apply.) Include new positions Revise disclosure categories Revise the titles of existing positions Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions Oth6r f describe) Reorganizing the list of designated positions by department to improve clarity a The code is currently under review by the code reviewing body. Q No amendment is required. (If your code is over five years old, amendments may be necessary.) Verification (to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The dja^Sosure ^assigned to those positions accurately requires that all investments, business positions, inte^ decisions required b^ ts re 'de b t se GOV en /J Ignatu roperty, and sources of income that may foreseeably be affected materially by the ?lding designated positions are reported. The code includes all other provisions Ie Section 87302. Dateof Chief Executive Officer All agendas must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. www.fDDc.ca.gov FPPC Advice: advice(a)fDDC.ca.aov (866.275.3772) Page 1 of 1