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HomeMy WebLinkAboutCC FPPC Form 806 20120 CITY OF�� Agenda Item No: 3. c Meeting Date: October 15, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Attorney Prepared by: Lisa Goldfien, W/ Assistant City Atto City Manager Approval.= SUBJECT: Adoption of Agency Report of Public Official Appointments (FPPC Form 806) RECOMMENDATION: Staff recommends that the City Council adopt the attached Form 806 and direct that it be posted on the City's website. BACKGROUND: Last year, the Fair Political Practices Commission (FPPC) initiated enforcement action in some cities against city council members who had participated in city council decisions to appoint themselves to paid positions on the boards of external entities (e.g. a JPA governing board). Under then -existing FPPC Regulation 18705.5, these decisions resulted in a material financial effect on the personal finances of the appointees when the compensation they received as a result of their appointment equaled or exceeded $250 within any 12 -month period. This action prompted a number of cities to petition the FPPC to amend Regulation 18705.5. Earlier this year, the FPPC amended the regulation to state that a council member may participate in a decision to appoint himself/herself to a position on a public agency board, commission or JPA that will result in additional compensation to him/her, subject to conditions stated in the regulation. One of these conditions is that the city council must first have adopted and posted on the city's website a form, now designated Form 806, that identifies each position the council appoints for which compensation is paid, the salary or stipend for each position, and the name of each official who has been appointed as the agency's representative, or alternate. Because the purpose of the new regulation is to address the issue of Council members voting to give themselves additional compensation, the regulation is not concerned with paid positions that are not appointed by the Council (e.g., BCDC). If the City does not make use of the Form 806 procedure, future appointees to compensated positions must be scrupulous about not participating in, or attempting to influence, the appointment decision. It is important to remember that participation includes such activities as remaining in the room when the council makes the appointment, and attempting to influence includes one councilmember contacting another to say they would like to be appointed to a particular position. File No.: LE'I'S — pli 0 Council Meeting: L� i -c/ Disposition: 61 c FOR CITY CLERK ONLY 0 SAN RAFAEL CITY COUNCIL AGENDA REPORT 1 Page: 2 ANALYSIS: The Form 806 is not meant to list every board or commission appointment for which a stipend is paid, but rather to include only those appointments to boards and commissions that are made by the City Council itself. Adoption of a proper Form 806 will avoid possible conflicts of interest for Council members when they participate in appointing themselves to board positions for which a stipend is paid that will equal or exceed $250 within any 12 -month period. If the form is posted, all Councilmembers can participate in the appointment, even those who are being appointed and will receive the stipend. The FPPC has indicated that each city should adopt, as soon as possible, a Form 806 identifying all current paid positions. There is only one board appointment the Council makes for which a stipend is paid that will equal or exceed $250 within any 12 -month period. The appointees to the San Rafael Sanitation District Board each receive a stipend of $100 per meeting attended, for meetings scheduled 12 times per year. Staff has prepared the attached Form 806 showing the current Council appointees and alternate. The Form 806 must be posted on the City's website, and will have to be amended and reposted when there is any change in the compensation or number of meetings, or when a new appointment is made to the San Rafael Sanitation District Board, or to any other board or commission position for which qualifying compensation is to be paid. FISCAL IMPACT: None. Ci7:�ifll�I�F'� Adopt the attached Form 806. Do not adopt the attached Form 806. ACTION REQUIRED: Move to adopt the attached Form 806 and direct the City Clerk to post it on the City's website. ATTACHMENTS: FPPC Form 806 Agency Report of: Public Official Appointments A Public Document 1. Agency Name CITY OF SAN RAFAEL 7Fr 70nify Phillips, Gary Division, Department, or Region (If Applicable) SAN RAFAEL CITY COUNCIL ►Name (Last. First) Designated Agency Contact (Name, Title) NANCY MACKLE, CITY MANAGER Page 1 of 1 Date Posted: Area Code/Phone Number E-mail (Month, Day, Year) McCullough, Andrew 1 year 2. Appointments Agency Boards and Commissions San Rafael Sanitation District San Rafael Sanitation District Name of Appointed PersonI Appt Date and I length of Term per Meeting/Annual Salary/Stipend ►Name (/ / / I ► Per Meeting: $ (Last, F,,00 Appf Date ► Estimated Annual. Alternate, if any ► El $0-$1,000 (Lest Firsr) Length c -P Ter,, $2,00143,000 ❑$1,00142,000 ❑ Other ►Name 10/ / I ► Per Meeting: $ (Lasi. Firs+) Appt Dare Alternate, if any J_ ' 11,dStF .F-0 ► Estimated Annual: ❑ $0-$1,000 ❑ $2,00143,000 Length ,f Term ❑$1,001-$2,000 ❑ Otte 3. Verification ! have read and understand FPPC Regulation 18705.5. /have ver red that the appointment and information identified above is true to the best of my information and belief Nancy Mackie City Manager 10-15-2012 Signature of Agency Head or Designee Pr<rt Name Tire (Month, Day, Year) Comment: FPPC Form 806 (5112) FPPC Toll -Free Helpline: 866/ASK-FPPC (8661276-3772) 100'00 Phillips, Gary 1 12 / 19 / 11 ►Per Meeting. $ ►Name (Last. First) Appt Date ► Estimated Annual. McCullough, Andrew 1 year ❑$o-$1,000 El $2,00143,000 Alternate, if any (Last. Frre) ► Length ofTerm ®$1,001-$2,000 ❑ Other 100.00 Heller, Barbara ► 12 / 19 / 11 1 Per Meeting: $ ►Name (Last, First) Nept Date ► Estimated Annual: McCullough, Andrew 1 year y ❑ $0-$1,000 ❑ $2,00143,000 Alternate, if any / (Last. First) Length of Term X❑$1,001-$2,000 ❑ Other ►Name (/ / / I ► Per Meeting: $ (Last, F,,00 Appf Date ► Estimated Annual. Alternate, if any ► El $0-$1,000 (Lest Firsr) Length c -P Ter,, $2,00143,000 ❑$1,00142,000 ❑ Other ►Name 10/ / I ► Per Meeting: $ (Lasi. Firs+) Appt Dare Alternate, if any J_ ' 11,dStF .F-0 ► Estimated Annual: ❑ $0-$1,000 ❑ $2,00143,000 Length ,f Term ❑$1,001-$2,000 ❑ Otte 3. Verification ! have read and understand FPPC Regulation 18705.5. /have ver red that the appointment and information identified above is true to the best of my information and belief Nancy Mackie City Manager 10-15-2012 Signature of Agency Head or Designee Pr<rt Name Tire (Month, Day, Year) Comment: FPPC Form 806 (5112) FPPC Toll -Free Helpline: 866/ASK-FPPC (8661276-3772) v 0 0 CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA/ SRCC AGENDA ITEM NO. 3.c DATE OF MEETING: October 15, 2012 FROM: Lisa Goldfien, Assistant City Attorney DEPARTMENT: City Attorney DATE: October 5, 2012 Adoption of Agency Report of Public Official Appointments (FPPC Form 806) Department Head (sign I ture) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL 1 AGENCY AGENDA ITEM: v "LL City Manager (signature) APPROVED AS TO FORM: City Attorney (signat4e)