HomeMy WebLinkAboutOrdinance 1830 (Conflict of Interest Code)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1830 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING CHAPTER 2.10
OF THE SAN RAFAEL MUNICIPAL CODE AND ENACTING A NEW CHAPTER
2.10 OF THE SAN RAFAEL MUNICIPAL CODE, TO PROVIDE A CONFLICT OF
INTEREST CODE PURSUANT TO GOVERNMENT CODE SECTION 87300 "
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 20th day of September. 2004.
published as required by City Charter in the MARK INDEPENDENT JOURNAL, a newspaper
published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a
REGULAR meeting of the City Council of said City held on the 4th day of October, 2004, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
5th day of October, 2004
JEA�F M. LEONCINI, City Clerk
ORDINANCE NO. 1830
AN ORDINANCE OF THE CITY OF SAN RAFAEL
REPEALING CHAPTER 2.10 OF THE SAN RAFAEL
MUNICIPAL CODE AND ENACTING A NEW CHAPTER 2.10
OF THE SAN RAFAEL MUNICIPAL CODE, TO PROVIDE A
CONFLICT OF INTEREST CODE PURSUANT TO
GOVERNMENT CODE SECTION 87300
WHEREAS, Chapter 2.10 of the San Rafael Municipal Code, "Governmental Conflict of
Interests Act Guidelines", was adopted prior to the State of California's enactment of the
Political Reform Act ("PRA") in 1974; and,
WHEREAS, Chapter 2.10 of the SRMC is outdated and has been superceded by the
PRA which applies to all governmental entities within the State, including Charter Cities such as
San Rafael; and,
WHEREAS, the PRA (Government Code section 81000 et seq.) requires that all local
governmental entities enact a Conflict of Interest Code and that said agencies review and, if
necessary, revise said code every even -numbered year; and,
WHEREAS, pursuant to Government Code section 87000 et seq. public agencies have
the authority to enact or to amend a Conflict of Interest Code by incorporating the text of section
18730 of the Fair Political Practices Commission ("FPPC") regulations (Title 2, Division 6,
California Code of Regulations) and by adopting lists of "Disclosure Categories" and
"Designated Positions";
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 1:
Chapter 2.10 of the San Rafael Municipal Code is hereby repealed.
DIVISION 2:
A new Chapter 2.10 is hereby enacted, to read as follows:
2.10. 010 Adoption of Conflict of Interest Code
In compliance with the Political Reform Act of 1974, California Government Code
Section 81000, et seq., the City of San Rafael hereby adopts a conflict of interest code through
the specific incorporation by reference of Fair Political Practices Commission regulation section
18730 ("Model Conflict of Interest Code") as it may be amended from time to time, as though
fully set forth herein. Nothing in this chapter is intended to modify or abridge the provisions of
O
the Political Reform Act or any other state laws or regulations pertaining to conflicts of interest.
A copy of Fair Political Practices Commission regulation 18730 shall be available for review in
the City Clerk's office.
2.10.020 Designated Positions and Disclosure Categories
A. The City Council shall adopt by resolution a list of designated positions which shall be
incorporated in this chapter by reference as though fully set forth. It has been determined that it
is foreseeable that officers and employees holding designated positions may make or participate
in the making of decisions which may have a material effect on a financial interest.
B. The City Council shall adopt by resolution a list of disclosure categories which shall
be incorporated in this chapter by reference as though fully set forth. Each designated position
shall be assigned one or more disclosure categories. It has been determined that it is foreseeable
that the types of investments, real property interests, and income listed in the disclosure
categories assigned to a designated position may be affected materially by decisions made or
participated in by the officer or employee holding that designated position.
C. A copy of the resolution listing the designated positions and disclosure categories shall
be available for review in the City Clerk's office.
2.10.030 Disclosure Statements; Place of Filing
Each person holding a designated position, shall file a statement of economic
interests disclosing his or her interest in investments, real property, and income designated as
reportable under the categories to which the person's designated position is assigned. Each
person required to file a statement of economic interests shall file the original of said statement
with the City Clerk within the time limits specified in FPPC regulation 18730(b)(5). All
statements of economic interests shall be available for public review in the office of the City
Clerk.
2.10.040 Review and Revision of Conflict of Interest Code
No later than October first of every even -numbered year, the City Council shall review
and, if necessary, revise its Conflict of Interest Code, including the list of designated positions
and the list of disclosure categories. Revisions to the lists of designated positions and disclosure
categories shall be made by adoption of a resolution.
DIVISION 3:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid.
DIVISION 4:
The City Council finds that the adoption and implementation of this Ordinance are exempt
from the provisions of the California Environmental Quality Act in that the Council finds there is no
possibility that the implementation of this ordinance may have significant effects on the
environment.
DIVISION 5:
This Ordinance shall be published once in full before its final passage in a newspaper of
general circulation, published, and circulated in the City of San Rafael, and shall be in full force and
effect thirty (30) days after its final passage.
ATTEST:
jE44RE M. LEONC ,City Clerk
The foregoing Ordinance No. 1830 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 20th day of September, 2004 and ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers; None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the
Council to be held on the 4th day of October, 2004.
M. LEONCINI, City Clerk