HomeMy WebLinkAboutAgenda Statement 1984/10/23 Item 15 COUNCIL AGENDA STATEMENT
Item '
Meeting Date 10% -/84
ITEM TITLE: Ordinance aJ7 - Amending Sections 2. 02. 010 through 2. 02 . 030 of
the Chula Vista Municipal Code relating to
conflict of inter ®�i.cials
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SUBMITTED BY: City Attorney�`�'7-k (4/5ths Vote: Yes No x )
This amendment will delete the requirement for advisory boards and
commissions to prepare disclosure statements and clarify existing
City policy.
RECOMMENDATION: Place Ordinance on First Reading
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
At the City Council meeting of October 2, 1984, the Council
received a letter of resignation from Joseph Odenthal of the Civil
Service Commisssion. Mr. Odenthal had decided to resign at this
time even though his term runs out in June in order to avoid
filling out the two disclosure statements that would be required
of him. The City Council found the requirement that members of
advisory boards and commissions fill out disclosure statements to
be excessive and requested the City Attorney to research this
issue with a view towards amending the ordinance.
The City Attorney's office researched the relevant opinions and
contacted the FPPC staff. Bob Leidigh, an FPPC staff attorney,
advised that a City may look at each individual board and
commission and determine, based on its role, whether disclosure
requirements are appropriate. In an opinion dealing with the
establishment of a project area committee for a redevelopment
agency, the FPPC held that where the project area committee's
recommendations were not binding and where the project area
committee accordingly did not have "decision making authority"
disclosure was not required. ( 2 FPPC Opns. 150) .
The only three commissions which make decisions which may be final
are the Board of Appeals, the Design Review Committee and the
Planning Commission. Planning Commissioners are specifically
required to prepare disclosure statements under state law. The
Board of Appeals and Design Review Committee, because of their
decision making authority, should also be so required. The
remaining boards and commissions serve in a purely advisory
capacity and should not be required to fill out disclosure
statements.
It is recommended that we amend our conflict of interest code by
deleting all boards and commissions presently included except for
the Board of Appeals, Design Review Committee and the Planning
Commission. In addition, the applicable sections of the Code are
being clarified by revising section reference and phraseology.
FISCAL IMPACT: N/A
Form A-113 (Rev. 11/79)
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Chula Vista, California
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