REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Travis K. Hopkins, Assistant City Manager
PREPARED BY: Grace Yoon-Taylor, Senior Administrative Analyst
Subject:
title
Receive and file the Fair Political Practices Commission 2022 Local Agency Biennial Notice for the City of Huntington Beach
body
Statement of Issue:
The Political Reform Act (PRA) of 1974 requires every local government agency to adopt and promulgate a Conflict of Interest Code that requires designated officials and employees to file Statement of Economic Interests Form 700 upon their appointment and annually thereafter. City Council Resolution No. 2018-58 represents the City of Huntington Beach’s current conflict of interest code (Attachment 1).
To ensure conflict of interest codes remain current and accurate, each local agency is required to review its code at least every even-numbered year and determine if amendments are necessary. The City Council serves as the code reviewing body for the City of Huntington Beach conflict of interest code. Any proposed amendments to either code must be approved by the City Council within 90 days of receiving the Local Agency Biennial Notices.
Financial Impact:
Not applicable.
Recommended Action:
recommendation
A) Receive and file the Fair Political Practices Commission 2022 Local Agency Biennial Notice for the City of Huntington Beach/Public Financing Authority; and,
B) Direct staff to return with proposed amendments to the City’s Conflict of Interest Code to the City Council within 90 days.
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Alternative Action(s):
Do not approve recommended actions and direct staff accordingly. However, the biennial review of the conflict of interest code is required by state law.
Analysis:
City of Huntington Beach Conflict of Interest Code
The City Council approved and adopted Resolution No.2018-58 (Attachment 1) on October 15, 2018, which was modeled after the terms of a standard Conflict of Interest Code promulgated by the Fair Political Practices Commission (FPPC)’s California Code of Regulations, Title 2, Section, 18730. This Resolution represents the City’s current conflict of interest code.
The resolution defines “designated employees” as an officer, employee or consultant whose position entails the making or participation in the making of governmental decisions that may foreseeably have a material effect on any financial interest. Appendix B of said Resolution represents the list of City officials and employees by position titles that deemed “designated employees” and are required to file Statements of Economic Interests Form 700.
Biennial Notice and Review
FPPC regulations require a biennial review of an agency’s conflict of interest code and list of “designated employees” to determine if the current list of designated filers requires amendments due to changes in position titles, positions that may no longer exist, and the creation of new positions that meet the definition of a “designated employee.”
Since October 2018, the City has implemented a comprehensive organizational restructuring with significant changes with positions and their duties within the City. Additionally, the City restructured and streamlined its 40+ Boards, Commissions, and Committees to ensure the most efficient use of City resources while maintaining an effective level of civic engagement in City affairs. As such, a list of the City’s designated officials and employees and their disclosure categories (Exhibit B) requires a complete review and amendments.
Staff is commending that the City Council receive and file the 2022 Local Agency Biennial Notice for the City of Huntington Beach (Attachment 2), indicating that amendments to its conflict of interest code are required and direct staff within proposed amendments to the City Council within 90 days.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. City Council Resolution No. 2018-58
2. 2022 Local Agency Biennial Notice for City of Huntington Beach’s Conflict of Interest Code