HomeMy WebLinkAboutcc min 1984/02/23 COUNCIL WORKSHOP
CONFLICT OF INTEREST
Thursday, February 23, 1984 Council Chamber
3:00 p.m. Public Services Building
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers Scott, Moore,
McCandliss
Councilmembers absent: Malcolm
Staff present: City Manager Goss, City Attorney Harron,
Assistant City Manager Asmus
1. REPORT THE POLITICAL REFORM ACT AND CONFLICT OF INTEREST
(City Attorney)
City Attorney Harron introduced Miss Diane Fishburn, staff attorney for the
Fair Political Practices Commission. Mr. Harron explained the purpose of the
workshop was to discuss the California law dealing with the Conflict of
Interests, specifically the notable exceptions of Government Code Section 1090
which deals with Conflict of Interests based on contracts. Referring to his
written report, Mr. Harron stated the two main impacts of the Act upon public
officials are that it requires disclosure of all interest and assets which may
affect the public decisionmaking process and it also requires abstention where
a decision could have a financial effect upon the official's interest.
Mr. Harron added the purpose of the workshop was to (1) educate public
officials so they will know when they should be concerned and seek legal
advice on Conflicts of Interest and (2) to inform the City Council with the
state law with regard to Conflicts of Interest.
Miss Diane Fishburn explained the initiative known as the Political Reform Act
of 1974 known as "Proposition 9". She discussed the role of the Fair
Political Practices Commission (FPPC) and its staff located in Sacramento.
The FPPC Board consist of five members and their Chairman who serves full
time. Miss Fishburn explained what a Conflict of Interest was; the opinions
granted by the FPPC staff as opposed to the advice letters they send out.
City Attorney Harron noted in some instances, the FPPC sends out an advice
letter which is the speedy process - the opinions take two to three months to
be received.
Miss Fishburn answered questions from people in the audience concerning
various provisions of Proposition 9. Questions pertained generally to (1) the
Conflict of Interest Code as it pertains to antitrust contracts; (21 the
absence of "good faith"; (3) what a financial interest entails; (4) the term
"materiality" which deals with the size of the effect of the financial
interest; (5) sources of income for public officials; (6) concern of Council
when they vote on matters of rezoning parcels; (7) disclosure provisions as it
pertains to other public officials when they sit on other commissions;
campaign contributions; (9) and generally, the various aspects of the
legislation.
Council Workshop - 2 - February 23, 1984
Conflict of Interest
City Attorney Harron noted that since the Political Reform Act is so
comprehensive and since it has been interpreted in numerous opinions and
through the use of the guidelines in the California Administrative Code, he
would recommend repealing Chula Vista's Conflict of Interest Code to avoid any
ambiguity and confusion in this area and replace it with reference to the
State law.
The meeting adjourned at 4:40 p.m. to the meeting scheduled for Tuesday,
February 28, 1984 at 7:00 p.m.
WPG: 0402C
PAG