TO: Board of Supervisors
FROM: Sheryl Bratton, County Counsel
REPORT BY: Ryan FitzGerald, Deputy County Counsel
SUBJECT: Adoption of Resolution Updating the County’s Conflict of Interest Code
RECOMMENDATION
title
PUBLIC HEARING - Conflict of Interest Code
Open and move to continue the public hearing for an amendment to the County’s Conflict of Interest Code. (No Fiscal Impact)
(STAFF REQUESTS A CONTINUANCE TO APRIL 9, 2024 AT 9:00 AM)
body
BACKGROUND
Gov. Code section 87300 requires the County to approve, update, and maintain a Conflict of Interest Code (“COIC”). The COIC must designate all County employees who make or participate in making governmental decisions and identify the specific financial interests that these decisions could potentially affect. Employees designated on the COIC are required to file a Statement of Economic Interests (also known as a “Form 700”) disclosing those financial interests that could potentially be affected by the decisions they make on the job.
In 1980, the Board of Supervisors adopted a COIC for the County of Napa (Resolution No. 80-47) and the COIC has been periodically updated. No later than July 1 of each even numbered year, the County is required to review its Code and amend it, if necessary, due to changed circumstances. Changed circumstances include, but are not limited to, the creation of new positions and relevant changes in the duties assigned to existing positions.
The Political Reform Act of 1974 requires that the biennial COIC review be carried out under procedures which guarantee to county officers, employees, members, consultants and residents have adequate notice and a fair opportunity to present their views. To comply with this requirement, the Board of Supervisors adopted procedures to follow when reviewing and amending the COIC (Resolution 98-145). That Resolution requires the following actions:
1. Solicit recommendations from each department head regarding how the COIC should be amended to reflect changed circumstances in his or her own Department.
2. Draft agenda item, including a draft resolution which implements the amendments to the Code recommended by Department Heads, a draft memorandum which discusses the law and recommended changes, and appropriate backup material.
3. Publish notice of the intent to conduct a public hearing to consider and adopt amendments to the COIC recommended by Department Heads. Notice shall be published one time in a newspaper of general circulation in the County pursuant to Government Code section 6061 at least 10 days prior to the public hearing.
4. Distribute copies of the draft agenda item to all officers, employees, and members and consultants of the County affected by the amendments at least 10 days prior to the public hearing.
5. Conduct public hearing and adopt resolution amending the COIC.
Pursuant to that Resolution, (1) County Counsel solicited all department heads for recommended changes on December 4, 2023, (2) County Counsel prepared this agenda item and a draft resolution, (3) notice of intent to conduct a public hearing was published in the Napa Valley Register on March 2, 2024, (4) County Counsel incorporated department head feedback into a draft COIC revision which was distributed to unions representing County employees for comment on February 20, 2024 and, along with a copy of this draft agenda item, to department heads for distribution to affected employees on February 23, 2024, and (5) County Counsel recommends that the Board of Supervisors conduct a public hearing and adopt a resolution amending the COIC on March 12, 2024.
The union has requested to meet and discuss the proposed amendment to the County’s Conflict of Interest Code. The requested discussion will not conclude before March 12, 2024. Accordingly, Staff request that the Chair introduce the item, open the public hearing and request a motion for continuance to April 9, 2024 at 9:00 AM.
County Counsel intends to present the Board of Supervisors with a proposed revision to the 1998 Procedure for the Preparation and Adoption of Amendments to Napa County’s Conflict of Interest Code before the end of Fiscal Year 2023-24. The proposed revision will continue to ensure that county officers, employees, members, consultants and residents have adequate notice and a fair opportunity to present their views regarding future amendments while allowing the County to take advantage of current, transparent methods of notification.
REQUESTED ACTIONS:
1. Open Public Hearing for amendment to the County’s Conflict of Interest Code
2. Motion, Second, Discussion, and Vote to continue the hearing to April 9, 2024 at 9:00 AM.
FISCAL & STRATEGIC PLAN IMPACT
|
Is there a Fiscal Impact? |
No |
|
Is it Mandatory or Discretionary? |
Mandatory |
|
Is the general fund affected? |
No |
|
Consequences if not approved: |
Every two years, the County is required to review its Conflict of Interest Code and, if necessary, make revisions. Since the County last reviewed and revised its COIC in 2022, positions have been added and others have been eliminated. If the County fails to review and revise the COIC in light of these changes, it will be out of compliance with the Political Reform Act. This item may be continued to April 9, 2024 without any Political Reform Act consequences. |
ENVIRONMENTAL IMPACT
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.