REPORT TO COUNCIL AND AUTHORITIES
SUBJECT
Title
Adopt the Resolution Amending the City of Santa Clara Conflict of Interest Codes for Designated Positions as Required by the Political Reform Act Conflict of Interest Code Biennial Update
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
The California Political Reform Act requires all public officials, employees, and consultants who make or participate in the making of governmental decisions to disclose any economic interest that could be affected by those decisions. Under Government Code Section 87302 of the Political Reform Act, certain designated officials and employees of the City are required to file a Statement of Economic Interest (Form 700) because of the nature of their position with the public agency. These officials, staff members and consultants serve in positions that been designated by the City’s Conflict of Interest Code as being required to file such statements.
Local agencies are required to conduct a periodic review their Conflict of Interest Codes to determine if they are accurate, or alternatively, if the Codes must be amended. Amendments are necessary periodically, particularly when a new official or employee positions are added, deleted, or responsibilities are changed.
DISCUSSION
The City of Santa Clara’s Conflict of Interest Code is proposed to be amended to include an updated List of Designated Positions Required to File. Changes that occurred from the prior version of the Conflict of Interest Code are redlined in the Attachments. The list of Designated Positions have been updated to add new job classifications or titles and remove those no longer applicable to the City. Notable changes include:
1. Human Resources: Removed Risk Manager Position
2. City Attorney’s Office: Added Risk Manager Position
3. City Manager: Remove Consultant
Added Deputy City Manager
4. Added Development Project Manager Added Director of Economic Development & Sustainability (Deputy City Manager)
5. Finance: Added Accounting Division Manager
6. Water and Sewer: Added Sr. Administrative Analyst
Corrected title Utility Systems Business Manager
Corrected title Water and Sewer Operations Manager
7. Silicon Valley Power: Remove Acting Electric Division Manager
Added Acting Assistant Director of Electric Utility
Corrected title Electric Utility Chief Operating Officer
Staff has also reviewed the current Conflict of Interest Codes for the following legislative bodies: Bayshore North Project Enhancement, Public Facilities Financing Corporation, Sports and Open Space Authority, and Housing Authority. Staff has found no required amendments for these codes.
The proposed resolution and appendices reflect the changes for certain departments and positions which are being added to or deleted from the list of designated positions. Upon Council approval, the Office of the City Clerk will notify the affected employees as to their filing status.
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(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council 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 <mailto:clerk@santaclaraca.gov>.
RECOMMENDATION
Recommendation
Adopt the Resolution amending the City of Santa Clara Conflict of Interest Code required by the Political Reform Act and Regulations of the Fair Political Practices Commission
Staff
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Jovan D. Grogan, City Manager/Executive Director
ATTACHMENTS
1. Resolution of the City of Santa Clara
2. Appendix A and B (Redline)
3. Appendix A and B (Clean Versions)