HomeMy WebLinkAboutCity Council Resolution 94-14 RESOLUTION NO. 94-14
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
CONCERNING CONFLICT OF INTEREST POLICY
APPLICABLE TO COMMISSIONERS AND COUNCILMEMBERS
WHEREAS, the Saratoga City Council, on June 3, 1987, adopted
a Conflict of Interest Policy which prohibits City commissioners
from accepting certain types of employment, and
WHEREAS, the City Council, on January 19, 1994, determined
that it would be desirable for the same policy to apply to
Councilmembers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Saratoga that the Conflict of Interest Policy adopted on
June 3, 1987, is hereby amended as shown on the attached Exhibit
A.
Passed and adopted at a regular meeting of the City Council
of the City of Saratoga held on the 2nd day of March ,
1994, by the following vote:
AYES: Counci l members Anderson, Burger, Kohl er, Moni a and Mayor Tucker
NOES: Non e
ABSENT: None
ABSTAIN: None
,
ATTEST:
Deputy City
FebruaET 24, 199~
mnrsw\273 \res\COX. tee
Adopted: June 3, 1987 F~T~__IBIT A
Amended: March 2, 1994
CITY OF SARATOGA
CONFLICT OF INTEREST POLICY
The general public is often unaware of the legal definition of
conflict of interest. Conflict of interest involves making a
decision as a public official which would benefit one's economic
interest, the economic interest of one's relatives, or a business
in which one has an interest, "if it is reasonably foreseeable
that the decision will have a material financial effect,
distinguishable from its effect on the public generally." (Sec.
87103 G.C.) If an official is confronted with a situation where
he or she is to vote on a matter involving conflict of interest,
he or she must abstain from voting and from participating in any
way in the deliberations concerning an issue where a conflict of
interest exists.
When an individual Commissioner or Councilmember engages in a
business or profession where a client may have business before
the body on which that individual sits, the law in California
generally imposes an even stricter standard of conduct. Special
rules to this effect apply to attorneys and architects.
Because of the ability of a sitting Commissioner or Councilmember
to influence colleagues and because they possess inside knowledge
about the attitudes, values and perspectives of colleagues, the
City must exercise great caution in assuring the public sees the
City's decision-making process as being not only open but fair
and unbiased and free of improper influence as well.
It is the policy of the City Council, therefore, to specifically
prohibit a member of a Commission or a Councilmember from
accepting employment where the Commissioner or Councilmember
would be representing a client before any city body or where the
Commissioner's or Councilmember's work product on behalf of a
client will be presented to any city body. While this policy
may, in some respects, be more restrictive than required by law,
the credibility of the City is important enough to suggest that
the highest standard of conduct is to be expected.
The Political Reform Act is intended to prevent conflicts of
interest by requiring certain public officials to disclose
financial interests which could foreseeably cause conflicts so
that the public can be aware of them. City Councilmembers and
Planning Commissioners as well as the City Manager and City
Attorney are required to file annual statements.
State laws on this subject are very detailed and are explained in
a manual available in the City Clerk's office. If a public
official has a question of whether a conflict of interest
would be involved in any particular decision, he or she
should consult with the City Attorney before making any
decision which could create a conflict situation. Failure
to do so could ,jeopardize a commissioner's position on a
commission and could result in civil and/or criminal
penalties assessed upon a commissioner or councilmember by
the State Fair Political Practices Commission.