PURPOSE:

 

The purpose of this report is for the Council to approve the proposed amendments to the City�s Conflict of Interest Code.

 

BACKGROUND:

 

Government Code Section 87306.5 requires that in each even-numbered year, the Council, as the Code reviewing body for the City departments, must review the Conflict of Interest Code and, if necessary, amend the Code by October 1 of the same year.  The City has adopted by reference the standard Conflict of Interest Code as promulgated by the Fair Political Practices Commission as its Conflict of Interest Code.  Employees who must comply with the provisions of the Conflict of Interest Code are designated by resolution.

 

At the June 15, 2004 meeting, the Council directed staff to review the City�s Conflict of Interest Code and classifications of positions subject to the reporting requirements, and report back on this matter prior to October 1, 2004.

 

ANALYSIS AND CONCLUSION:

 

As required by Government Code Section 87306.5 and directed by the Council, all departments in the City have reviewed the classifications of positions subject to the reporting requirements of the City�s Conflict of Interest Code.  The proposed changes are attached as Exhibit A.

 

It should be noted that public employees subject to the Code are those who may �influence a governmental decision.�  Generally, a public employee is in a position to influence a governmental decision if the employee:  1) may make a final governmental decision; 2) may enter into any contractual agreement on behalf of the City; 3) may negotiate, without significant substantive review, with a governmental entity or private person regarding a decision; and, 4) may advise or make recommendations to the decision-maker, either directly or without significant intervening substantive review.