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BACKGROUND The Political Reform Act requires every local government agency to adopt, and biennially review, a Conflict of Interest Code. The Conflict of Interest Code must designate positions within City which involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property, and sources of income which are reportable. Generally, the provisions of the Political Reform Act, including those pertaining to Conflict of Interest Codes, apply only to committees, boards, or commissions that have "decision- making authority." They do not apply to such bodies if they are solely advisory in nature. Under the Act, a committee, board, or commission possesses decision-making authority whenever: • It may make a final governmental decision; • It may compel or prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto that may not be overridden; or • It makes substantive recommendations and, over an extended period of time, those recommendations have been regularly approved without significant amendment or modification by another public official or governmental agency. Since 1992, the City has had a committee that makes recommendations to the City Council related to economic development. Originally, the committee was called the Economic Development Advisory Committee and was comprised of 13 members. (Resolution No. 92-230.) The committee is now called the Economic Vitality Committee ("EVC") and is comprised of 22 members representing various community groups. (Resolution No. 15-778.) Until recently, members of the EVC were not designated in the City's Conflict of Interest Code. However, in the last biennial review of the City's Conflict of Interest Code, members of the EVC were added to the Code and are now required to file Statements of Economic Interest ("Form 700"). Members of the EVC were added primarily to maintain consistency with other City committees, boards, and commissions, which are designated in the Code. ' received a After adding members the EVC to the City's Conflict of Interest Code, staff number of inquiries from members of the EVC questioning this decision. After additional review, staff concluded that, based on regulations of the Fair Political Practices Commission ("FPPC"), the EVC is solely advisory in nature for purposes of the Political Reform Act. Staff also requested formal advice from the FPPC on this issue. However, the FPPC declined to render advice, stating that "[a]s the "code reviewing body" the City Council of the City of Pleasanton makes the determination regarding whether or not members of the Page 2 of 3