REPORT TO THE STADIUM AUTHORITY
SUBJECT
Title
Adopt the Stadium Authority’s Resolution Amending the Conflict of Interest Code for Designated Positions as Required by the Political Reform Act and Regulations of the Fair Political Practices Commission
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 have been designated by the Stadium Authority’s Conflict of Interest Code as being required to file such statements.
Under the Political Reform Act, an individual consulting to a government agency is required to file a Form 700 when they assume office and annually thereafter if the consultant makes governmental decisions as defined in the FPPC regulations or when they serve in a staff capacity and participate in governmental decisions or performs the duties of an individual in the agency's conflict-of-interest code. Not every person that is subject to the Act has to file a Form 700, just statutory filers who are expressly listed in the Act and designated officials who the agency designate in the conflict of interest code, which includes new positions or consultants who meet the standard above.
DISCUSSION
The Stadium Authority’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 are redlined in the Attachments. The list of Designated Positions has been updated to add new job classifications or titles.
1. Added Deputy City Manager
All public officials, including “consultants,” are prohibited from making, participating in making, or influencing any government decision having a foreseeable, material financial effect on their economic interests. Individual officials of the Stadium Manager, as the Stadium Authority’s consultant, have been determined to meet the consultant designation and are required to file a Form 700 under the Stadium Authority’s Conflict of Interest Code.
The proposed resolution and appendices reflect the position which is being added to the list of designated positions. Upon Stadium Authority Board approval, the Stadium Authority Secretary 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> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt the Resolution amending the Stadium Authority Conflict of Interest Code required by the Political Reform Act and Regulations of the Fair Political Practices Commission.
Staff
Approved by: City Attorney’s Office
ATTACHMENTS
1. Resolution of the Stadium Authority
2. Stadium Authority Conflict of Interest Code and Appendices (Redline)
3. Stadium Authority Conflict of Interest Code and Appendices (Clean version)