Loading...
Ord 2267 - Amending Town Code Chapter 2 Division 4 Conflict of Interest, Filing of Statements and Adding Section 2.30.620 Relating to Electronic and Paperless Filing of FPPC StatementsORDINANCE 2267 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING TOWN CODE CHAPTER 2, DIVISION 4 - CONFLICT OF INTEREST, SECTION 2.30.615. - FILING OF STATEMENTS AND ADDING SECTION 2.30.620. - RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, or committee, required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports or other documents online or electronically with the Town Clerk; and WHEREAS, in any instance in which the original statement is required to be filed with the Secretary of State and a copy of that statement is required to be filed with the local government agency, the ordinance shall require, that the copy be filed online or electronically by 2019; and WHEREAS, the Town Council expressly finds and determines that the Town Clerk's web - based system contains multiple safeguards to protect the integrity and security of the data, and will operate securely and effectively and will not unduly burden filers; and WHEREAS, the Town Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws. NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN COUNCIL DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. CODE AMENDMENT Chapter 2 Division 4 - CONFLICT OF INTEREST is hereby amended and added, as follows: DIVISION 4. - CONFLICT OF INTEREST Sec. 2.30.615. - Filing of statements. Council Members, Commissioners, designated employees, and designated consultants shall file statements of economic interests electronically with the Town Clerk who shall be and perform the duties of filing officer for the Town of Los Gatos. Council Members, employees, and /or Commission members, who serve in more than one capacity, shall be required to file only one statement of economic interest, as required by law. 1of3 Ordinance 2267 December 19, 2017 Section 2.30.620. — Filing of Campaign Statements. Any elected officer, candidate, or committee required to file statements, reports, or other documents ( "Statements ") as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) may file such Statements using the Town Clerk Administrator's online system according to procedures established by the Clerk Administrator. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. From and after February 1, 2019, elected officers, candidates, and committees required to file Statements must file such Statements using the Town Clerk Administrator's online system, unless exempt from the requirement to file online pursuant to Government Code Section 84615(a). SECTION 2. CONSTRUCTION The Town Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Los Gatos Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments. SECTION 3. CEQA The Town Council finds and determines that the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines under the General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that the proposed Town Code text amendments will have no significant negative effect on the environment. SECTION 4. SEVERABILITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The Town Council of the Town of Los Gatos hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect. 2of3 Ordinance 2267 December 19, 2017 SECTION S. EFFECTIVE DATE This ordinance shall take effect immediately and will be enforced thirty (30) days after its adoption. SECTION 6. PUBLICATION AND POSTING In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1). SECTION 7. INTRODUCTION AND ADOPTION This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 5th day of December 2017, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 19th day of December, 2017. This ordinance takes effect 30 days after it is adopted. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1). COUNCIL MEMBERS: AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Barbara Spector, Mayor Rob Rennie NAYS: None. ABSENT: None. ABSTAIN: None. SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: I,;�, /-)0 //� ATTEST: °�� �`4 CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: 3of3 Ordinance 2267 December 19, 2017