MEETING DATE:
DECEMBER 9, 2014
SUBJECT:
Title
RESOLUTION 2014-8006 - ADOPTION OF AMENDMENTS TO THE SAN MARCOS CONFLICT OF INTEREST CODE
Body
Recommendation
Recommendation
ADOPT a resolution amending the conflict of interest code and list of designated employees for the City of San Marcos.
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. 92-4087 (Attachment 1) 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. On September 23, 2014, the City Council received and filed the 2014 Local Agency Biennial Notice and directed staff to return with proposed amendments within 90 days. Staff is recommending adoption of the attached resolution to implement necessary amendments.
Discussion
City Council Resolution No. 79-1177 adopted the Fair Political Practices Commission's model conflict of interest code and any future amendments promulgated by the California Code of Regulations, Title 2, Section 18730. Appendix A of Resolution No. 92-4087 represents the current list of "designated employees" that are required to file Statement of Economic Interests Form 700 under the City's conflict of interest code. The Political Reform Act defines a "designated employee" as an officer, employee or consultant whose position entails the making or participation in the making of governmental decisions that may foreseeably have a material effect on any financial interest. Appendix B of Resolution No. 92-4087 defines the various categories of financial interests that must be disclosed and are assigned to a particular "designated employee" based upon job duties.
A thorough analysis of job duties has determined that our current list of designated filers requires amendments due to changes in position titles, the deletion of positions that do not meet the filing criteria or no longer exist, and the addition of positions deemed required to file. The proposed amendments to the list of designated filers are presented in Attachment 2. The disclosure categories have also been updated to reflect the current FPPC model for disclosure. Each designated filer is subject to different levels of disclosure related to their respective job duties and also listed in Attachment 2. The Department Directors, Human Resources Director and City Attorney have signed off on all of the proposed revisions. The revisions to the code and list of designated filers must be adopted by resolution no later than December 22, 2014.
Please note that positions listed in Government Code Section 87200 (i.e., City Councilmembers, Planning Commissioners, City Attorney, City Manager, and City Treasurer) are not considered "designated employees". These positions are identified and required to file Form 700 under Government Code Sections 87200-87210 with the Fair Political Practices Commission via the City Clerk's Department.
Fiscal Impact
There is no fiscal impact with staff recommendations.
Attachments:
1. City Council Resolution 92-4087
2. Resolution - Proposed San Marcos's Conflict of Interest Code
Prepared by: Phillip Scollick, City Clerk
Approved by: Jack Griffin, City Manager