Item Coversheet
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report 

September  13, 2022
CONSENT AGENDA

TO:

Honorable Mayor and City Council Members 
SUBMITTED BY:

Nova Romero, City Clerk
APPROVED BY: 

Chip Rerig, City Administrator
SUBJECT:

Resolution 2022-077 rescinding Resolution 2020-056 and re-establishing the list of designated classifications and the disclosure categories of the City's Conflict of Interest Code

 
RECOMMENDATION:
Adopt Resolution 2022-077 rescinding Resolution 2020-056 and re-establishing the list of designated classifications and the disclosure categories of the City's Conflict of Interest Code. 
BACKGROUND/SUMMARY:

The purpose of the Political Reform Act (Government Code Sections 81000 et seq.) is to prevent conflicts of interest through disclosure and disqualification. To facilitate this goal, the Political Reform Act requires that public officials disclose their personal financial interests upon assuming office, annually while serving in office, and again upon leaving office. Disclosure is made on a form called a “Statement of Economic Interests” (Form 700). Filed forms are public documents that must be made available to anyone who requests them. Government Code Section 87200 requires that the following City officers file Statements of Economic Interests with the City Clerk:

 

  • Mayor
  • City Council Members
  • City Administrator
  • City Attorney
  • City Treasurer
  • Candidates for City Council
  • Planning Commissioners

 

In addition to the above referenced positions that are required by State Law to file Form 700s, the Political Reform Act mandates that local agencies adopt a Conflict of Interest Code that designates Commission/Committee members and City Employees who are also required to file Form 700s because they could foreseeably make or participate in making governmental decisions that could affect their private financial interests. The Act requires that the Conflict of Interest Codes establish disclosure categories for each designated position that tailors the disclosure requirements to the types of governmental decision a person holding that position could make.

 

Government Code Section 87306.5 requires that that in every even numbered year the code reviewing body (City Council) review the code and if a change is deemed necessary, amend the City’s Conflict of Interest Code. To comply with this regulation, staff has reviewed the current list of City positions and job descriptions, and has deemed the attached list of positions as designated filers with corresponding disclosure categories (Exhibit A). Adopting Resolution 2022-077 will rescind the previous Conflict of Interest Code and update it with the current positions listed in Exhibit A. 

FISCAL IMPACT:
None for this action.
PRIOR CITY COUNCIL ACTION:

Resolution 2020-056 adopted September 1, 2020

ATTACHMENTS:
ATTACHMENTS:
Description
Attachment 1) Resolution 2022-077 - Biennial Conflict of Interest Code Update
Attachment 2) Exhibit A - Conflict of Interest Code Designated Filers