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HomeMy WebLinkAbout2004-03-15; Parks & Recreation Commission; 304-3; Political Reform Act2 0 i= 0 a 2 0 z u) ii a 0 0 PARKS & RECREATION COMMISSION - AGENDA BILL 1 AB# 304-3 I TITLE: I INFO I I - MTG. DATE: 03-15-04 I POLITICAL REFORM ACT I I I ACTION I I U STAFF: BEVERLY I RECOMMENDED ACTION: Accept and file. ITEM EXPLANATION: The City Attorney’s Office has distributed information concerning a revision to the Political Reform Act and how it may impact local public officials of a local government agency participating in or influencing decisions by their agencies which may have a material effect on a financial interest of that “Public Official”. This is an information item only that Commission Members should be aware of. EXHIBITS: 1. Memo - February 19,2004, City Attorney’s Office . CONFIDENTIAL Attorney Client Privilege FEBRUARY 19,2004 TO: MAYOR AND CITY COUNCIL CITY MANAGER ALL DESIGNATED EMPLOYEES FROM: CITY ATTORNEY POLITICAL REFORM ACT The prohibition on participation in decisions involving prospective employment by state officials has now been extended to local “public officials”. For purposes of the Political Reform Act, local public officials, include every member, officer, employee, or consultant of a local government agency participating in or influencing decisions by their agencies which may foreseeably have a material effect on a financial interest of that “public official”. This includes all “designated employees” in the local Conflict of Interest Code. Government Code section 87407 as amended reads: “No public official shall make, participate in making, or use his or her official position to influence, any government decision directly relating to any person with whom he or she is negotiating, or has any arrangement concerning, prospective employment.” All provisions of the Political Reform Act, including this one, are incorporated by reference into Chapter I .I4 of the City’s Municipal Code. Please keep this new provision in mind if you are contemplating future employment with a person or entity doing business with the City. A copy of the amendment is attached for your reference. JANE MOBALDI Assistant City Attorney afs Attachment BILL NUMBER: AB 1678 CHAPTERED BILL TEXT CHAPTER 778 FILED WITH SECRETARY OF STATE OCTOBER 11,2003 APPROVED BY GOVERNOR OCTOBER 10,2003 PASSED THE SENATE AUGUST 25,2003 PASSED THE ASSEMBLY MAY 15,2003 AMENDED IN ASSEMBLY APRIL 3,2003 INTRODUCED BY Assembly Member Negrete McLeod FEBRUARY 21,2003 An act to amend Section 87407 of the Government Code, relating to the Political Reform Act of 1974. LEG I S LATl VE COUNSEL'S DIG EST AB 1678, Negrete McLeod. Political Reform Act of 1974: conflicts of interest. Under the existing Political Reform Act of 1974, a public official is defined to include every member, officer, employee, or consultant of a state or local government agency, as specified. Under existing law, a state administrative official, elected state officer, or designated employee of the Legislature may not make, participate in making, or use his or her official position to influence, any governmental decision directly relating to any person with whom he or she is negotiating, or has any arrangement concerning, prospective employment. This bill would apply this prohibition to all public officials. Existing law makes a violation of the act subject to administrative, civil, and criminal penalties. \I This bill would impose a state-mandated local program by imposing these penalties on persons who violate the provisions of this bill. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes with a 2/3 vote of each house and compliance with specified procedural requirements. This bill, which would declare that it furthers the purposes of the act, would therefore require a 2/3 vote. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 87407 of the Government Code is amended to read: 87407. No public official shall make, participate in making, or use his or her official position to influence, any governmental decision directly relating to any person with whom he or she is negotiating, or has any arrangement concerning, prospective employment. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article Xlll B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article Xlll B of the California Constitution. I0 SEC. 3. The Legislature finds and declares that the provisions of this act further the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.