TO: Board of Supervisors
FROM: Sheryl Bratton, County Counsel
REPORT BY: Sheryl Bratton, County Counsel
SUBJECT: Revision to Conflict of Interest Code Amendment Procedures
RECOMMENDATION
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Adopt a Resolution updating the procedure for the preparation and adoption of amendments to Napa County’s Conflict of Interest Code (No Fiscal Impact; Discretionary)
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BACKGROUND
In 1980, the Board of Supervisors of Napa County adopted a Conflict of Interest Code for the County of Napa (the “Code”) as required by the Political Reform Act of 1974 (the “Act”). The Act requires local agencies to review, and if necessary due to changed circumstances amend, their conflict of interest codes each even-numbered year. The Act also requires local agencies to amend their conflict of interest codes within 90 days after changed circumstances necessitating an amendment become apparent. The most common examples of changed circumstance are the addition of a new position or changes to the duties of existing positions.
Any amendment a local agency makes to its conflict of interest code must be carried out under procedures which guarantee that officers, employees, members of boards and commissions, consultants and residents of the jurisdiction have adequate notice and a fair opportunity to present their views on the amendment.
In 1998, through Resolution No. 98-145, the Board of Supervisors adopted and implemented procedures for amending the Code which guarantee adequate notice and a fair opportunity to be heard. The proposed procedures in the attached Resolution update notice procedures to be in-line with other jurisdictions and to take advantage of methods of notifications which were unavailable in 1998 (i.e., use of the County’s SharePoint site to notify employees of proposed changes and their right to present their views).
The 1998 procedures require consultation with all department heads and substantial outreach whenever the Code is to be amended. This is appropriate as part of a thorough biennial review but has served as a barrier to amending the Code within 90 days after changed circumstances become apparent. The most common example of this is when departments add a new position and file a Form 804 with the Elections Division. These constitute apparent changed circumstances necessitating Code amendments within 90 days; seeking input from all other departments makes it challenging to amend on time and it is not required by the Act.
The proposed procedures are designed to modernize notice requirements in a way which is both consistent with other jurisdictions’ practices and the Act. It is also designed to allow the County to better meet its obligations to timely revise the Code in response to changed circumstances.
The Code amendment on today’s (May 7, 2024) agenda followed the 1998 procedure. See Agenda Item 24-781. If the updated procedure is approved, it will apply to any Code amendment initiated after today (May 7, 2024).
REQUESTED ACTION:
Adopt a Resolution updating the procedure for the preparation and adoption of amendments to Napa County’s Conflict of Interest Code.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Adoption of the Resolution would modernize and streamline the Conflict of Interest Code amendment procedures while ensuring that relevant parties have adequate notice and a fair opportunity to present their views. This would help the County remain compliant with its Political Reform Act obligation to keep its Code current as new positions are added. |
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Is the general fund affected? |
No |
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Consequences if not approved: |
The County may struggle to keep its Code current when new positions are added. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.