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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Manager
Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
AMENDING THE EXPENSE AND
REIMBURSEMENT POLICY FOR
LEGISLATIVE BODIES AND ETHICS
TRAINING POLICY FOR ELECTED
AND APPOINTED OFFICIALS.
Dept: City Manager's Office
Date: September 20, 2006
Meeting Date: October 2,2006
Synopsis of Previous Council Action:
March 28, 2006 - Resolution 2006-86 was adopted, establishing an Expense and
Reimbursement Policy for Legislative Bodies and Ethics Training Policy for Elected and
Appointed Officials
September 20, 2006 - Ways and Means Committee recommends amending the
Expense and Reimbursement Policy for Legislative Bodies and Ethics Training Policy
for Elected and Appointed Officials
Recommended motion:
Adopt resolution.
J2i5J^-~
Signature
Contact person: Lori Sassoon
Phone: 384-5122
Supporting data attached: staff report, resolution
Ward: All
FUNDING REQUIREMENTS: Amount: none
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
10 W bl4
Agenda Item No. J 7
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STAFF REPORT
Subiect:
Resolution amending the Expense and Reimbursement Policy for Legislative Bodies and Ethics
Training Policy for Elected and Appointed Officials
Backeround:
On March 28, 2006, the Mayor and Council adopted Resolution 2006-86, which established the
Expense and Reimbursement Policy for Legislative Bodies and Ethics Training Policy for
Elected and Appointed Officials. Adoption of a policy was required by AB 1234, which became
effective on January I, 2006.
At this time, two minor revisions to the policy are recommended. These changes clarify reporting
and training requirements to better reflect state law:
· Brief reports to the Governing Board - AB 1234 requires these reports when an official is
reimbursed for attendance at a "meeting" as defined by the Brown Act. The City's policy
currently requires a report regarding any function attended for which reimbursement is
received, which goes beyond the requirements of AB 1234.
Section II of the policy would be amended to mirror the AB 1234 requirements, While not
required by the amended policy, officials may voluntarily choose to make brief reports
concerning attendance at other functions, if they so desire.
· Training requirement - AB 1234 requires that any elected or appointed official who
receives any type of compensation, salary, or stipend or reimbursement for actual and
necessary expenses incurred in the performance of official duties shall receive two hours of
training in general ethics principles and ethics laws relevant to public service either by
January I, 2007, or within one year of election or appointment and at least once every two
years thereafter.
The City's policy currently requires all City commissioners to attend the AB 1234 ethics
training, although the large majority receive no compensation or reimbursement that would
trigger the training requirement. The proposed amendment would revise the training
requirement to include only those officials and commissioners that receive compensation,
salary, or stipend or reimbursement.
The proposed policy changes were reviewed and unanimously recommended for approval by the
Ways and Means Committee on September 20.
Financial Impact:
None
Recommendation:
r Adopt resolution
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING THE EXPENSE AJIi'D REIMBURSEMEJIi'T
POLICY FOR LEGISLATIVE BODIES AND ETHICS TRAINING POLICY FOR
ELECTED AND APPOINTED OFFICIALS.
WHEREAS, the Mayor and Common Council adopted Resolution 2006-86 on March
28, 2006, to establish an Expense and Reimbursement Policy for Legislative Bodies and Ethics
Training Policy for Elected and Appointed Officials ("the Policy'); and
WHEREAS, certain minor changes to this policy are needed that are consistent with
state law and the intent of Government Code Section 53232 et. seq., and provide important
clarification concerning the intent of the' Policy;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Division I, Section II of the Policy is hereby amended to read as
follows:
"II. Brief Reports to the Governing Board
At the next regularly scheduled meeting of the member's Primary Legislative Body,
each Official shall briefly report, either orally or in writing, on the meetings attended at City
expense. For'the purposes of this section, "Meeting" has the same meaning as specified in
subdivision (a) of Government Code Section 54952.2, commonly known as the Bro\\'11 Act. If
multiple members attended the meeting at City expense, a joint report may be made. No report
shall be required regarding attendance at other functions that are not "Meetings" as defined by
the Brown Act, although Officials may choose to voluntarily provide brief reports concerning
those other functions. Meetings of legislative bodies created solely by the members' Primary
Legislative Body (i.e., council committee meetings, city board, commission or committee
meetings) are exempt from reporting to said legislative bodies on the actual meetings of the
council committee, board, commission or committee."
SECTION 2.
The first paragraph of Division II of the Policy IS hereby
23 amended to read as follows:
"Ethics Training
All elected officials and all appointed members of council created committees and
commissions (collectively "Attendee(s)") who receive any type of compensation, salary, or
stipend or reimbursement for actual and necessary expenses incurred in the performance of
official duties shall receive two hours of training in general ethics principles and ethics laws
relevant to public service either by January I, 2007,. or within one year of election' or
appointment and at least once every two years thereafter, pursuant to Government Code
Sections 53234 through 53235.2."
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25 Approved as to
26 Form:
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING THE EXPENSE AND REIMBURSEMENT
POLICY FOR LEGISLATIVE BODIES AND ETHICS TRAINING POLICY FOR
ELECTED AND APPOINTED OFFICIALS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof. held on the
_ day of
, 2006, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
Council Members:
AYES
ESTRADA
BAXTER
VACANT
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2006.
Patrick J. Morris, Mayor
City of San Bernardino
27
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JAMES F. PENMAN,
City 1ttorney_ //)
By' '11' 1 r.
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