REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution Amending the City of Santa Clara Conflict of Interest Code to Update the List of Designated Positions, as Required by the Political Reform Act Biennial Review
Report
BACKGROUND
The Political Reform Act (Government Code Section 81000 et seq.) 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, officials and employees who hold designated positions must file a Statement of Economic Interests (Form 700) because of the decisions they make or participate in making on behalf of the city. Those positions, and the disclosure category that applies to each, are listed in the City’s Conflict of Interest Code.
Local agencies are required to review its Conflict of Interest Code biennially to determine whether the code is accurate or must be amended. Amendments are necessary when positions are added or eliminated, when titles change, or when the duties of a position change.
DISCUSSION
Staff recommends amending the Conflict of Interest Code to adopt an updated List of Designated Positions Required to File. Changes from the current Conflict of Interest Code are shown in redline in the Attachments. The list of Designated Positions has been updated to add new job classifications and titles, remove positions that no longer apply to the City, and correct titles and disclosure categories. Changes by department are as follows:
1. City Attorney:
Added Senior Counsel for SVP
2. City Manager:
Corrected the title of Director of Economic Development & Sustainability (Deputy City Manager) by removing “(Deputy City Manager)”
3. Community Development:
Added Assistant Building Official
Added Housing and Community Services Manager
4. Finance:
Removed Budget Manager
Added Deputy Director
Added Purchasing Division Manager
5. Fire:
Added Management Analyst
6. Human Resources:
Corrected title Assistant Director of Human Resources to Assistant Director
Corrected title Human Resources Division Manager to Division Manager
7. Parks and Recreation:
Revised disclosure category from 2 to 1 for Cemetery Operations Manager
Corrected title Deputy Parks & Recreation Director to Parks & Recreation Assistant Director
Corrected title Parks Construction, Maintenance & Repair Manager to
Parks Operation & Maintenance Manager
Corrected title Recreation Manager to Recreation Division Manager
Added Parks Division Manager
8. Public Works:
Added Assistant Director
Added Division Manager
9. Silicon Valley Power:
Added Director of Silicon Valley Power
Staff has also reviewed the current Conflict of Interest Codes for the following legislative bodies: the Bayshore North Project Enhancement Authority, the Public Facilities Financing Corporation, the Sports and Open Space Authority, and the Housing Authority. No amendments to those codes are required at this time.
The proposed resolution and its appendices reflect the additions, deletions, and corrections described above. Upon Council approval, the Office of the City Clerk will notify affected employees of 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 a Resolution amending the City of Santa Clara Conflict of Interest Code to update the List of Designated Positions required to file Statements of Economic Interests (Form 700).
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)