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2005-005 - Re-Adopting The Appendices Of The Town's Conflict Of Interest Code Pursuant To Division 4 Of Article Iii Of Chapter 2 Of The Los Gatos Town CodeRESOLUTION 2005 -005 RESOLUTION OF THE TOWN COUNCIL /REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS RE- ADOPTING THE APPENDICES OF THE TOWN'S CONFLICT OF INTEREST CODE PURSUANT TO DIVISION 4 OF ARTICLE III OF CHAPTER 2 OF THE LOS GATOS TOWN CODE WHEREAS: A. The Political Reform Act, Government Code section 81000, et seq., requires State and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations section 18730, which contains the terms of a standard conflict of interest code, which can be incorporated by reference and which may be amended by the Fair Political Practices Commission to confirm to amendments in the Political Reform Act after public notice and hearings. The terms of 2 California Code of Regulations section 1873 0 have been adopted by reference by the Town Council in Division 4 of Article III of Chapter 2 of the Los Gatos Town Code. B. The Town Council /Redevelopment Agency has introduced an ordinance intended to better facilitate the biennial process of updating the Town's Conflict of Interest Code by authorizing the adoption and periodic updates of the detailed appendices required by 2 California Code of Regulations section 18730 containing the designation of positions and disclosure categories. C. This resolution is intended to update the Town/Redevelopment Agency's Conflict of Interest Code by adopting the detailed appendices containing the designation of positions and disclosure categories. RESOLVED: 1. The following shall constitute Appendix "A" to the Town of Los Gatos Conflict of Page 1 of 7 Interest Code, by listing of those positions that are required to submit Statements of Economic Interests pursuant to the Political Reform Act of 1974, as amended. The Town Council /Redevelopment Agency hereby finds that the officers and employees holding the following designated positions make, or participate in the making of decisions which may reasonably have a material effect on financial interests, and are, therefore, designated employees of the Town of Los Gatos solely for purposes of the Fair Political Practices Act and required to make financial disclosures as specified: DESIGNATED POSITIONS ELECTED OFFICIALS Town Clerk Town Treasurer ADMINISTRATION Town Manager Assistant Town Manager Administrative Analyst Clerk Administrator Senior Deputy Clerk Deputy Clerk Administrative Services and Finance Director Accounting Manager Human Resources Director Management Information Systems Manager Economic Vitality Manager COMMUNITY DEVEL OPMENT Community Development Director Assistant Community Development Director Administrative Analyst Senior Planner Associate Planner Planner Assistant Planner Planning Technician Code Compliance Officer / Planning Technician Senior Building Inspector Building Inspector DISCLOSURE CATEGORY 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 Page 2 of 7 DESIGNATED POSITIONS DISCLOSURE CATEGORY COMMUNITY SERVICES Community Services Director 1 through 13 Volunteer Services Coordinator 1 through 13 Senior Coordinator 1 through 13 Administrative Analyst 1 through 13 LIBRARY Library Director 1 through 13 Assistant Library Director 1 through 13 PARKS AND PUBLIC WORKS Director of Parks and Public Works 1 through 13 Superintendent 1 through 13 Administrative Analyst 1 through 13 Town Engineer 1 through 13 Associate Civil Engineer 1 through 13 Senior Engineering Inspector 1 through 13 Engineering Inspector 1 through 13 Senior Engineering Technician 1 through 13 POLICE DEPARTMENT Chief of Police 1 through 13 Police Captain 1 through 13 Records and Communications Manager 1 through 13 Administrative Analyst 1 through 13 Parking Coordinator 1 through 13 TOWN ATTORNEY Town Attorney 1 through 13 REDEVELOPMENT AGENCY Executive Director 1 through 13 Deputy Director 1 through 13 Secretary 1 through 13 Finance Director 1 through 13 Treasurer 1 through 13 General Counsel 1 through 13 Page 3 of 7 DESIGNAT POSITIONS DISCLOSURE CATEGORY COMMISSIONERS, COMMITTEE AND BOARD MEMBERS Architectural Standards Committee Arts Commission Arts Selection Panel Building Board of Appeals Community Services Commission Conceptual Development Advisory Commission Development Review Committee General Plan Committee Historic Preservation Committee Library Board Park Commission Planning Commission Personnel Board Rent Advisory Committee Transportation & Parking Commission Youth Commission SPECIFIED CONSULTANTS Those consultants defined as a "consultant" by the Fair Political Practices Commission and as determined by the Town Manager in writing 1 through 13 1 through 13 1 through 1.3 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 None 1 through 13. In addition, the Town Manager may determine in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with these disclosure requirements. Such written determination shall include a description of the consultant's duties and based upon that description, a statement of the extent of disclosure requirements. The Manager's determination is a public record and shall be available for inspection. 2. The following shall constitute Appendix `B" to the Town of Los Gatos Conflict of Interest Code, by listing of the disclosure categories that are required pursuant to the Political Reform Act of 1974, as amended. When 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 to 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 required to disclose interests in real property, he or she need only disclose real property which is located in whole or in part within or not more than two (2) miles of any land owned or used by the Town of Los Gatos. General Provisions When a designated employee is required to disclose investments and sources of income, he or she need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two (2) years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose interests in real property, he or she need only disclose real property which is located in whole or in part within or not more than two (2) miles of any land owned or used by the local government agency. Designated employees shall disclose their financial interest pursuant to the appropriate disclosure category as indicated in section 2.30.610. Category 1: Investments (which are not held through a business entity or trust) 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 Trust Category 4: Investments held by a Business Entity or Trust Page 5 of 7 Category 5: Income (other than loans, gifts and honoraria) Category 6: Income (travel payments, advances, reimbursements) Category 7: Income -- Loans (received or outstanding during the reporting period) Category 8: Income -- Gifts Category 9: Income -- Honoraria Category 10: Commission Income Received by Brokers, Agents 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 provided in the appendices of the Town of Los Gatos Conflict of Interest Code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other Conflict of Interest Code, nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered in 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 Town of Los Gatos, California held on the 7"' day of February, 2005, by the following vote: COUNCIL /AGENCY MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Mike Wasserman. NAYS: None ABSENT: None ABSTAIN: None SIGNED. MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CL RK ADM NISTRATOR TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N: \CLK \Conflict.code.reso 2005- 005.wpd Page 7 of 7