2010101802 - Amend CONFLICT OF INTEREST CODEo~ ~ pF
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!pS•Gp.~pS COUNCII. AGENDA REPORT
DATE: OCTOBER 14, 2010
MEETING DATE: 10/18/10
ITEM NO:
TO: MAYOR AND TOWN COUNCIL
FROM: MAZARIN A. VAKHARIA, DEPUTY TOWN ATTORNEYJV °
SUBJECT: ADOPTION OF A RESOLUTION AMENDING THE APPENDICES TO THE
TOWN/REDEVELOPMENTAGENOY CONFLICT OF INTEREST CODE
(DIVISION 4 OF ARTICLE III OF CHAPTER 2)
RECOMMENDATION:
Adopt a Resolution Amending the Appendices to the Town/Redevelopment Agency Conflict of
Interest Code (division ~4 of Article III of Chapter 2)
BACKGROUND:
The Political Reform Act (Government Code section 81000 et. seq.) requires local agencies to adopt
and maintain a conflict of interest code. The Town of Los Gatos adopted a Conflict of Interest Code
at Division 4 of Article II of Chapter 2 of the Los Gatos Town Code. The Political Reform Act
further requires that in even-numbered years, local agencies must conduct a biennial review and
update of their conflict of interest codes to address new positions and/or new position titles which
must be listed in the local code.
On February 8, 2005, Town Council adopted Ordinance 2139, which allowed future revisions of the
Town Conflict of Interest Code to occur by resolution. The proposed resolution will update the
Town's list of designated positions and their disclosure categories, as required by the Act.
RECOMMENDATION:
Adopt the attached resolution to amend the appendices to the Town Conflict of Interest Code.
ENVIRONMENTAL ASSESSMENT:
The biemrial review of the Town's Conflict of Interest Code is subject to CEQA.
Attachment:
Proposed Resolution
PREPARED BY: MAZARIN A. VAKHARIA, DEPUTY TOWN ATTORNEY
„r f3,
Reviewed by: own Manager ~ Assistant Town Manager
Clerk Administrator Finance Comrnunity Development
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RESOLUTION
RESOLUTION OFTHETOWN COUNCIL/REDEVELOPT~'Ni'AGEI~CY
OF THE TOWN OF LOS GATOS
ADOPTI\G THE APPENDICES OF THE TOWN'S
CONFLICT OF ~T CODE PURSUANT TO DI~~ISION 4
OF ARTICLE III OF CHAPTER 2 OF THE LOS GATOS TOWN CODE
WHEREAS:
A. The Political Reform Act, Goverxunent Code section 81000, et seg., requires State
and local go~~errunent agencies to adopt and promulgate conflict of inteLest codes. The Fair Political
Practices Commssion has adopted a regulation, 2 California Code of Regulations section 18730,
which contains dze terms of a standard conflict of intuest code, which can be incorporated by
reference and wludz map be amended by d1e Fait Political Practices Commission to conform to
aznendrnents in the Political Reforn Act after public notice and hearings. The terms of 2 California
Code of Regulations section 18730 have been adopted b~ reference by the Town Council ai
Di~7sion 4 of Article III of Chapter 2 of d1e Los Gatos Town Code.
B. The Town Comicil/Redevelopment Agency adopted an ordinance intended to
better facilitate die biennial process of updating the Town's Conflict of Interest Code by audiorizu7g
die adoption and periodic updates of the detailed appendices required by 2 California Code of
Regulations section 18730 contauung the designation of positions and disclosure categories.
C. "I"bis resolution is intended to update dle Town/Redevelopment Agenc3~ s Conflict of
Interest Code by adopting die detailed appendices contairvng die designation of positions and
disclosue categories.
RESOLVED:
1 The following shall constitute Appendix "A" to the Town of Los Gatos Conflict of
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Interest Code, by listing of dzose positions that ate required to submit Statements of Economic
Interests pursuant to die Political Reform Act of 1974, as amended. 'The Town
Council/Redevelopment Agency hereby fords that the officeis and employ=ees holduig t7e follo~;ri~ig
designated positions make, or participate in tle malting of decisions wluch may reasonably have a
mateiYal effect on financial intuests, and are, therefore, designated employees of tie Town of Los
Gatos solely for purposes of the Pau Political Practices Act and requv-ed to make financial
disclosures as specified:
DESIGNATED POSITIONS
DISCLOSURE CATEGORY
ADMINISTRATION
Town Manager 1 trough 13
Assistant Town Manager 1 trough 13
Ach7vnistrative Analyst 1 tixough 13
C1erkAdminisuator 1 through 13
Deputy Clerk 1 through 13
Finance Director/Treasurer 1 dvuough 13
Assistant Finance Director/Budget Director 1 dhrough 13
Human Resources Director 1 tuough 13
Management InforYhhation Systems Manager 1 through 13
Economic Vitality Manager 1 though 13
COMMUNITY DEVELOPMENT
Community Dej=elopment Director 1 though 13
Plaruhing Manager 1 though 13
Administrative Analyst 1 tuough 13
Senior Plaiuiec I dv ougli 13
Associate Plaruhex 1 tuough 13
Planner 1 though 13
AssistantPlannet 1 tuough 13
Planning Teclhnician 1 though 13
Code Compliance Officer / Plannuig Teclhnician 1 though 13
Senior Building Inspector 1 tvv-ough 13
Building hnspector 1 through 13
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DESIGNATED POSITIONS
DISCLOSURE CATEGORY
COMMUNITI'SERVICES 1 through 13
Communitlr Sercrices Director 1 through 13
Volunteu Sea-vices Coordinator 1 through 13
Senior Coordinator 1 through 13
Administrative Analyst
LIBRARY 1 tv ough 13
Library Director 1 through D
Assistant Library Director
PARKSAND PUBLIC WORKS
Director of Parks and Public Works 1 tuough 13
Superintendent . 1 tv-ough 13
Adinirusiratve Analyst 1 through 13
Town Engineer 1 tv~ough 13
Associate Civil Engineer 1 through 13
Senior Engineering Inspector 1 through 13
Engineering Inspector 1 through 13
Senior Engineering Tecluuc ran 1 through 13
POLICE DEPART~l7ENT
Cluef of Police 1 tv ough 13
Police Captain 1 though 13
Records and Communications Manager 1 through 13
Adxsunisteative Analyst I tv-ough 13
Parking Coordinator 1 through 13
TOI~i~TATTORNEY
Town Attorney 1 through 13
REDEVELOPMENT AGENCY
Executive Dv-ector 1 tv-ough 13
DeputS~ Director 1 through 13
Secretary 1 though 13
Finance Director 1 through 13
Treasurer 1 though 13
General Counsel 1 through 13
Page 3 of 7
DESIGNATED POSITIONS
DISCLOSURE CATEGORY
CODIRIISSIONERS, COMMITTEEAATDBOARD
MEMBERS
Atchitectw al Standards Committee
rltts Commission
Arts Selection Panel
Building Boaxd of Appeals
Corrunuiuty Ser-~rices Corrunission
Conceptual Development Adzrisox-i=Commission
Development Re~riew Committee
General Plan Committee
Historic Preser-~=atop Cotninittee
Librar3=Boaxd
Park Commmission
Planning Commission
Personnel Boaxd
Rent Adznsory Committee
Transportation & Parking Commission
Yout~ Corrunission
SPECIFIED CONSULTANTS
Those consultants defined as a "consultant" by the
Hair Political Practices Comnussion and as determined
by tie Tozz=n Manager in zviiting
I duough 13
1 through 13
1 duough 13
1 duough 13
1 through 13
1 through 13
1 duough 13
1 duough 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 tlv-ough 13
1 duough 13
None
1 flv ough 13. In addition, tie
Town Manager may determine
in writing teat a particular
consultant is lrixed to perform a
range of duties that is limited
in scope and thus is not
required to fully comply zzrid7
these disclosure requirements.
Such written determination
shall include a descripton of
the consultant's duties and
based upon drat description, a
statement of tie extent of
disclosure requirements. The
Manager's determinaton is a
public record and shall be
available fox inspection.
2 The following shall constitute Appendix "B" to tie Town of Los Gatos Conflict of
Interest Code, by listing of die disclosure categories that are requited pursuant to the Political
Reform Act of 1974, as upended. yX/hen a designated employee is required to disclose investments
Page 4 of 7
and sources of income, he or she need only disclose investments in business entities and sources of
income with those who do business in the Town of Los Gatos, plan to do business in the Town of
Los Gatos, or have done business in the Town of Los Gatos within the past two (2) years. In addition
to other activities, a business entity is doing business within the Town of Los Gatos if it owns real
property within the Town of Los Gatos. When a designated employee is requhed to disclose interests
ih real property, he or she need only disclose real property which is located in whole or in part within
the Town or not more than two (2) miles outside of Town Boundar7es or not more than ria~o (2)
miles of any land owned or used by the Town of Los Gatos.
Gerier~al Pr~ovisioras
Designated employees shall disclose their fmanciai interest piusuant to
the appropriate disclosure category as indicated in section
2.30.610.
Category I: Investments (which are not held tlu-ough a business entity or
host)
Category 2: Interests in Real Property (which are not held through a
business entity or trust)
Category 3: Interests in Real Property Held by a Business Entity or Tiust
Category 4: Investments held by a Business Entity or Tr2~st
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Category 5: Income (other than loans, gifts and honoraria)
Category 6: Income (travel payments, advances, rennbruusements)
Category 7: Income -- Loans (received or outstanding during the
reporting period)
Category 8: Income -- Gifts
Category 9: Income -Honoraria
Category 10: Coimnission Income Received by Brokers,
1~gents and Salespersons
Category 11: Income and Loans to Business Entities or Trusts
Category 12: Income from Rental Property
Category 13: Business Positions
3. Any change pro~rided in the appendices of the Town of Los Gatos Conflict of Interest
Code shall not affect or excuse any offense or act conunitted or done ox omission or az7y penalty or
forfeiture incuued or accrlung under any other Conflict of Interest Code, nor shall it affect any
prosecution, suit, or proceeding pending or any judgment rendered iii connection with any other
conflict of interest code.
Page 6 of 7
PASSED AND ADOPTED at a regular meeting of the Town
Council/Redevelopment Agency of the To«~n of Los Gatos, California held on d7e 18th da}~ of
October, 2010, by the following vote:
COUNCIL/AGENCY l~I~~ERS:
AYES:
NAYS:
ABSENT:
ABSTAIl~I:
SIGI~TED:
12AYOR OF THE TOWN OF LOS GAI"OS
LOS GATOS, CALIFORNIA
A'I"TEST:
CLERK ADMII~T~TISTRATOR
TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:VViGR\AdminWorlSiles\2010 Council Reports\ConilictoIIuterestResolntion.docx
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