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    21.    
City Council Regular
Meeting Date: 06/26/2018  

SUBJECT:
CONFLICT OF INTEREST RECUSAL FORM
RECOMMENDATION:
Discuss and consider approval of the implementation of a Conflict of Interest Form process for Council Members and Commissioners to identify any items on the agenda that could require recusal due to a potential conflict of interest.
BACKGROUND/ANALYSIS:
At the June 12, 2018 City Council meeting, Council Member Marquez requested that the City Clerk provide Council Members with a form to fill out that identifies any items on the agenda that could be a potential conflict of interest and that would require recusal from their vote. 

If a Council Member has a Conflict of Interest pursuant to Government Code Section 84308 or 87100 that would preclude them from participating in the discussion of or voting on an item on the agenda, they would complete this form and provide the original to the City Clerk prior to the discussion on the item.  Attached, is a sample of a form modeled after a form used by the San Bernardino County Transportation Authority (SBCTA) that will accomplish this goal.  As stated in the form, if the item is on the Consent Calendar, the Council Member would state the reason for abstention and remain in the room.  If the item appears on the Discussion Calendar or as a Public Hearing, they would need to state the reason for abstention and leave the meeting room until the item is completed.  The minutes of the meeting would reflect the abstention due to recusal.  The Conflict of Interest form is a public record and would be made a part of the official record.

If approved, staff is recommending that a form be used for all Brown Act Legislative meetings (City Council and Commissions) in a form acceptable to the City Attorney.
ENVIRONMENTAL (CEQA) REVIEW:
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines Section 15378 and is therefore exempt from CEQA as it is an administrative change that will not result in any direct or indirect physical change in the environment.
FISCAL IMPACT:
None.
 
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney.
Attachments
COI Form - Council
COI Form - Commissioners

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