TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Ryan FitzGerald, Deputy County Counsel
SUBJECT: Adoption of Resolution Updating the County’s Conflict of Interest Code
RECOMMENDATION
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Adopt a Resolution updating the Napa County Conflict of Interest Code. (No Fiscal Impact; Mandatory)
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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 initiate a review of its Code for necessary updates 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 2024-40). 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 an agenda item which discusses the law and recommended changes, including a draft resolution which implements the amendments to the COIC recommended by Department Heads, and which is supported by any appropriate backup material.
3. Distribute copies of the draft agenda item, resolution, and any backup material to Department Heads for distribution to all officers, employees, members of boards and commissions, and consultants of the County affected by the proposed amendment at least 10 days prior to the proposed adoption date.
4. Publish notice of the proposed amendment to the County’s SharePoint site at least 10 days prior to the proposed adoption date.
5. Agendize the proposed amendment on the Board of Supervisors’ consent calendar.
6. Publish notice of the proposed amendment as part of the meeting agenda packet at least 72 hours before the proposed adoption date.
7. Upon request, sever the item from the consent calendar for comment and discussion.
8. Adopt the resolution amending the COIC.
Pursuant to that Resolution, (1) County Counsel solicited all department heads for recommended changes on June 23, 2026, and incorporated such feedback into a draft COIC, (2) County Counsel prepared a draft of this agenda item and a draft resolution on October 19, 2026, (3) copies of the drafts were distributed to department heads for circulation to affected parties on October 23, 2026, (4) notice of the proposed COIC amendment was posted to the County’s SharePoint site on November 6, 2026 and (5) this recommended Resolution was properly agendized and noticed.
REQUESTED ACTION:
1. Adopt a Resolution to approve the 2026 update to the County’s Conflict of Interest Code, effective January 1, 2027.
FISCAL IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Mandatory |
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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 2024, 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. |
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.