Elk Grove City Council Failed to Comply with Conflict of Interest Provisions of State Law When Using the Sacramento

Determine if a conflict of interest requirement might apply to any Council member for any item before the Council

Explicitly advise the affected Council member and all other members of the potential conflict

Explicitly document the determination that a conflict of interest restriction applies or does not apply, and

Report on the record during each Council meeting on the actions being taken to ensure that all conflict of interest requirements are met Finding B-2: The City Attorney is commended for the actions that he took to repeatedly advise Mr. Cooper and Mr. Leary on conflict of interest issues in the face of their abusive and intimidating behavior. The City Attorney provided both Mr. Cooper and Mr. Leary with substantial, compelling and repeated written legal opinions, as well as verbal guidance, regarding how conflict of interest laws limited their actions relative to voting on, influencing, or participating in the making of any agreement between the City and the Sheriff’s Department. The City Attorney met his responsibility to convey the legal requirements of the conflict of interest statutes; however, he ultimately failed in his duty to protect the City and to ensure that the contract for law enforcement services with the Sheriff’s Department was legally executed. The City Attorney did not provide clear and consistent procedures to identify, deal with and document each potential conflict of interest situation, and, at times, may have failed to adequately identify potential conflicts.