REPORT TO COUNCIL
SUBJECT
Title
City of Sunnyvale 2024 Conflict of Interest Code Biennial Notice
Report
BACKGROUND AND DISCUSSION
The Political Reform Act requires that every state and local agency adopt a local conflict of interest code that identifies all officials and employees within the agency who make governmental decisions based on the positions they hold. Those individuals in the designated positions must then disclose their financial interests as specified in the agency’s conflict of interest code.
Every local government agency is required to review its Conflict of Interest Code biennially to determine if the Code is accurate or must be amended. Amendments are necessary if qualifying positions have been added or deleted from the City’s classification plan and salary resolution. Amendments to revise titles of existing positions, or to revise disclosure categories are also required.
The City’s Conflict of Interest Code applies to the City, as well as designated “City agencies” (i.e., the Successor Agency to the Former Redevelopment Agency of the City of Sunnyvale and the Sunnyvale Financing Authority) and their officers and employees.
The City’s Conflict of Interest Code was last amended on September 27, 2022 (Resolution No. 1146-22). Consistent with requirements of the Political Reform Act, the City conducted a biennial review of its Conflict of Interest Code. Staff determined that an amendment is necessary to reflect various changes to classifications that have occurred in the last two years.
The 2024 Local Agency Notice (Attachment 1) identifies that amendments to the Code are necessary to reflect various changes to classifications. Receipt of this Notice on or before October 1, 2024 by the City Council meets the biennial notice requirements of the Political Reform Act.
The City Clerk will return to Council within 90 days with a proposed resolution to amend the City’s Conflict of Interest Code to reflect the necessary amendments.
EXISTING POLICY
Council Policy 7.3.7 - Standard Conflict of Interest Code
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental, organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
None.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Receive the 2024 Local Agency Notice and direct the City Clerk to return to Council within 90 days with a proposed resolution to amend the City’s Conflict of Interest Code.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $250 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Carnahan, City Clerk
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENT
1. 2024 Local Agency Notice