MEETING DATE:
JUNE 28, 2016
SUBJECT:
Title
2016 LOCAL AGENCY BIENNIAL NOTICE FOR THE CITY OF SAN MARCOS CONFLICT OF INTEREST CODE
Body
Recommendation
Recommendation
RECEIVE AND FILE the Fair Political Practices Commission 2016 Local Agency Biennial Notice for the code reviewing body to review the conflict of interest code for the City of San Marcos and file said notice with the agency’s code reviewing body before October 3, 2016.
Body
Board or Commission Action
Not Applicable
Relevant Council Strategic Theme
Good Governance
Introduction
The Political Reform Act (PRA) requires every local government agency to adopt and promulgate a conflict of interest code to provide for the filing of Statement of Economic Interests Form 700 by "designated employees" of the agency upon their appointment and annually thereafter. City Council Resolution No.2014-8006 represents the City of San Marcos's current conflict of interest code.
Every local government agency is required to review its conflict of interest code and list of "designated employees" biennially to determine if amendments are necessary. The City Council serves as the code reviewing body for the City of San Marcos conflict of interest code. Any proposed amendments to the code must be approved by the City Council within 90 days of receiving the Local Agency Biennial Notice; which is due to the agency’s code reviewing body before October 3, 2016 (Attachment 2).
Discussion
The current San Marcos Conflict of Interest Code is City Council Resolution No. 2014-8006 (Attachment 1). This resolution adopted the model conflict of interest code promulgated by the Fair Political Practices Commission's (FPPC) California Code of Regulations, Title 2, Section 18730. The FPPC regulations define a "designated employee" as an officer, employee or consultant whose position entails the making or participation in the making of governmental decisions which may foreseeably have a material effect on any financial interest. Appendix 1 of Resolution No. 2014-8006 represents the list of City officials and employees by position titles that are currently deemed "designated employees" and are required to file Statements of Economic Interests Form 700.
FPPC regulations require a biennial review of an agency's conflict of interest code and list of "designated employees' to determine if the current list of designated filers requires amendments due to changes in position titles, positions that may no longer exist, and the creation of new positions that meet the definition of a "designated employee." The 2016 Local Agency Biennial Notice must be received and filed by the City Council no later than October 3, 2016. Any proposed amendments to the code must be forwarded to the City Council for approval within 90 days thereafter.
Staff recommends the City Council receive and file the 2016 Local Agency Biennial Notice for the City of San Marcos before October 3, 2016, indicating that amendments to its conflict of interest code are required; and directing staff to return with proposed amendments to the City Council. (Attachment 2).
Fiscal Impact
There is no fiscal impact with staff recommendations.
Attachment(s)
1. City Council Resolution 2014-8006
2. 2016 Local Agency Biennial Notice for City of San Marcos’s Conflict of Interest Code
Prepared by: Lori Wilcox, Deputy City Clerk
Reviewed by: Phillip Scollick, City Clerk
Approved by: Jack Griffin, City Manager