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Legislative Public Meetings

File #: 21-219    Version: 1 Name:
Type: Consent Calendar Status: Agenda Ready
File created: 2/1/2021 In control: Council and Authorities Concurrent Meeting
On agenda: 2/9/2021 Final action:
Title: Adopt the Stadium Authority's Resolution Amending the Conflict of Interest Codes for Designated Positions as Required by the Political Reform Act and Regulations of the Fair Political Practices Commission
Attachments: 1. Stadium Authority Resolution and Conflict of Interest Code 2.1.pdf, 2. 04.18.18 FPCC Advice Stadium Authority Consultant in its Conflict of Interest Cod, 3. 07.22.19 Ziegler Letter to Brian Doyle, 4. 02.10.20 Letter to D.Santana re KORE, 5. 03.20.20 FPPC Letter re ManCo Consultants, 6. 03.23.20 Letter re Form 700 Notices, 7. 03.30.20 SCSA Response to 03.23.20 Letter Requesting Determination, 8. 05.05.20 Reply to Letter to D. Santana, 9. 01.26.21 Public Comment by Forty Niners Stadium Management Company to Agenda Item 2.K (January 26 2021 SA Meeting), 10. 01.27.21 CA Reply Forty Niners Management Company Public Comment_ SCSA- Agenda Item 2.K- January 26, 2021 meeting, 11. 01.29.21 Response by Forty Niners Stadium Management Company to SA's Request for Addi. Info at its Jan 26 2021 Meeting, 12. 02.01.21 Letter to Ruthann Ziegler re Jan. 29 2021 Response by Forty Niners Stadium Management Company to SA, 13. City Clerk Form 700 Letter Notices, 14. POST MEETING MATERIAL, 15. Resolution No. 21-1 (STADIUM AUTHORITY)
REPORT TO THE STADIUM AUTHORITY
SUBJECT
Title
Adopt the Stadium Authority's Resolution Amending the Conflict of Interest Codes 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
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. This conflict of interest prohibition applies irrespective of whethe...

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