Westminster City Council
SUBJECT
Title
Resolution to Adopt the Amended and Updated Conflict of Interest Code for the City of Westminster, Pursuant to the Political Reform Act of 1974.
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publichearing
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From: Ashton R. Arocho, City Clerk
Requested by: Administration
Prepared by: Ashton R. Arocho, City Clerk
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RECOMMENDED ACTION
Recommendation
Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, AMENDING AND UPDATING THE CONFLICT-OF-INTEREST CODE FOR THE CITY OF WESTMINSTER FOR DESIGNATED EMPLOYEES AND OFFICIALS AND RESCINDING RESOLUTION NO. 5154,” pursuant to the Political Reform Act of 1974.
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BACKGROUND
The Political Reform Act of 1974, Government Code section 81000, et seq. (the “Act”), requires all public agencies to adopt and maintain a conflict-of-interest code. The Act further requires that agencies regularly review and update their codes as directed by the code reviewing body or when change is necessitated by changed circumstance (Section 87306 and 87306.5). The City Council is the City’s code-reviewing body.
As the code-reviewing body, the City Council directed that the Code be reviewed and, if a change in the Code was necessary, that a revised Code be prepared and submitted to the City Council for final approval. During this bi-annual review, staff found that certain amendments to the Code are necessary.
Government Code Section 87303 provides that no code or amendment to a code shall be effective until it has been approved by the code-reviewing body.
Attached is a legislative (redlined) version of the proposed amended Code. The proposed revisions are based on the need to designate new positions and delete positions due to position no longer existing within the organization. All new positions affected by this amendment have been given proper notice of this meeting.
The City positions have been updated as follows:
Deleted Positions:
• Administrative Analyst
• Applications Supervisor
• Assistant City Engineer
• Assistant Public Works Director
• City Traffic Engineer
• Communications Director
• Senior Administrative Analyst
Revised/New Positions:
• Accountant I
• Accountant II
• City Engineer
• Maintenance & Utilities Manager
• Senior Management Analyst
• Senior Traffic Engineer
• Water Supervisor
FISCAL IMPACT
There are no direct costs to the City for the filing of the FPPC documents. There are, however, minimal indirect costs incurred by the City related to the staff time required to collect, organize and make the FPPC filings, as well as the annual software licensing fees associated with the electronic filing which costs are included in the City Clerk’s annual department budget, Account No. 100-12000-43090.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
Pursuant to the California Government Code requirements, adopt the proposed Resolution, amending and updating the City’s Conflict-of-Interest Code per the Political Reform Act of 1974.
ATTACHMENTS
1. Resolution No. 2074 - Reference the Fair Political Practices Commission’s Standard Model Conflict of Interest Code
2. Resolution No. 5122 - Directing Bi-Annual Review of the Conflict-of-Interest Code for Designated Employees and Officials (2022)
3. The City’s current Conflict-of-Interest Code, Resolution No. 5154 (2022)
4. Proposed Amendment to the Conflict-of-Interest Code, Resolution with Exhibits A (Filers), B (Disclosure Categories), and C (Model Conflict-of-Interest, 2 CCR 18730) - Redlined Version (2024)
5. Proposed Resolution with Exhibits A, B, and C - Clean Version (2024)
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager