REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Title
Discussion on Council Policy 050 [Gifts to Elected and Appointed Officials]
Report
BACKGROUND
As part of the Governance and Ethics Committee workplan, Council Policy Council Policy 050 [Gifts to Elected and Appointed Officials] (“Gift Policy”) was identified for review and possible revision.
The current Gift Policy was updated by the City Council in 2018. Key updates included: (1) focusing the policy on direct donations to officials (as opposed to the City itself); (2) the addition of a list of factors to be considered by City officials in deciding whether to accept gifts; (3) prohibition on gifts from lobbyists; and (4) the requirement that any gift accepted of less than $50 be disclosed at a public meeting.
The expressed purpose of the current Gift Policy is to establish guidelines for the acceptance of gifts applicable to elected and appointed City officials, including Board, Commission, and Committee members, in their official capacity. The Gift Policy states that it is intended to supplement applicable state law, including the provisions of the Political Reform Act (“PRA”). This policy does not apply to tickets to events.
DISCUSSION
This item presents the City’s existing Gift Policy for Committee initial review and input. Issues for Committee consideration include:
1. Does the City need its own local Gift Policy for elected and appointed officials or should it instead refer to applicable state laws and other local policies?
Most of the terms of the existing Gift Policy are restatements of applicable state law. Other provisions are covered by existing ethics policies. Many other jurisdictions choose to refer to state law rather than create additional rules in this area.
2. If the City is to retain its own Gift Policy, a number of clarifications are warranted. These include:
a. Does the policy apply to the City Manager and the City Attorney? Should it?
b. Clarify that where Gift Policy provisions are intended to refer to state law, these provisions change as state law changes. The Committee may also consider giving City staff the authority to update the policy as needed to reflect state law.
In addition, a FPPC fact sheet for local officials on Limitations and Restrictions on Gifts, Honoraria, Travel, and Loans is attached as a reference to this report.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact associated with the approval of the recommendation.
COORDINATION
This report was coordinated by the City Manager’s Office and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Committee agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Provide input to staff on the existing Gift Policy and direct staff to return with specific proposed changes consistent with this direction for Committee review and consideration
Staff
Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Council Policy 050 ("Gifts to Elected and Appointed Officials")
2. FPPC Fact Sheet for Local Officials: Limitations and Restrictions on Gifts, Honoraria, Travel and Loans