SMGRCOPY21081811390tate of Cahforrjia
MEMORANDUM TO:
FROM:
SUBJECT:
air Political Practices Commission,
P.O. BOX 807 • SACRAMENTO, 95804 • • • 1100 K STREET BUILDING, SACRAMENTO, 95814
Technical Assistance/Administration • • • Executive/Legal • • • Enforcement/Conflict of Interest
(916) 322-5660 322-5901
September 30, 1976
The City Clerk
The Conflicts of Interest Division
322-6441
Approval of the Conflict of Interest Code of the
City Council
On September 21, 1976, the Fair Political Practices Commission
approved your City Council's Conflict of Interest Code, as revised.
The enclosed Code, with the revision(s) enumerated in the attached
letter, is the officially approved document, as indicated by the
"Certification of Fair Political Practices Commission Approval"
stamp.
If any person objects to the approval of the Code as revised,
that person may, within 30 days of the approval date, submit in
writing his or her objections to the Commission and the Code shall
be rescheduled for full hearing pursuant to subsections (o)-(q) of
2 Cal. Adm. Code Section 18750. If no objection to the revision(s)
and approval of the Code is received, the Code shall become effec-
tive October 21, 1976, 30 days after FPPC approval.
Upon finalization of your Conflict of Interest Code,
incorporating the above -mentioned revision(s), please forward a
copy to this office. If you have any questions, please do not
hesitate to call this office at (916) 322-6444.
Enclosure
cc: City Attorney
STATEMENT
OF REVISION
. (77-1
�,
7 to to of Caiifoqis
' 7 it 'Mica 1 Practices Coiruniss
P.O. BOX 807 • SACRAMENTO, 95804 • • • 1 100 K STREET BUILDING, SACRAMENTO, 95814
September 7, 1976
Ms. Jo Leibfritz
Town Clerk, Los Gatos
Post Office Box 949
110 East Main Street
Los Gatos, California 95030
Dear Ms. Leibfritz:
The Conflict of Interest Code for the Town Council of
the Town of Los Gatos will be reviewed by the Fair Political
Practices Commission on September 21, 1976, at the Department
of Food and Agriculture, 1220 N Street, Room 127, Sacramento.
The staff will be recommending that the proposed Code for the
Town Council be revised to conform to model Code provisions
(attached) which represent the Commission's most recent det-
erminations with respect to Conflict of Interest Codes for
City Councils.
---- -Though the -staff is proposing to revise the Code as
submitted, the review of the Code will be scheduled for the
Commission Summary Calendar. (See 2 Cal. Adm. Code §18750.)
Thus, unless the Council disagrees with the proposed changes
and requests a full hearing thereon, it will not be necessary
for a representative of the Council to be present at the
review of the Code. The proposed amendments to the Code
follow.
Delete proposed Section 4 and substitute new Section 4:
Section 4. Circumstances Requiring Disqualifi-
cation. Any member of the Town Council, whether act-
ing as a Council member or as governing board member
or commissioner of any town agency, must disqualify
himself or herself from making or participating in
the making of any decisions which will foreseeably
have a material financial effect, distinguishable
from its effect on the public geizerally, on any
economic interest, as defined in.Government Code
§87103. No member shall be prevented from making
or participating in the making of any decision to
tne extent his or hex: pa ticipat?.On c 1 ecially_
required for the decision to be made.
11(HNICAI. ASSISTANCE ADMIN151RATION /916,32?5660 • CXECUTP/F C;AI 322.5901 • FNIORCEMENT:CONFLICT OF' INTE"RFST 32?6441
Ms. Jo Leibfritz
September 7, 1976 Page Two
Change proposed Section 5 to Section 6. Insert new
Section 5:
Section 5. Definitions. Except as otherwise
indicated, the definitions contained in the Political
Reform Act of 1974 (Government Code §81000) and Re) -
ulations adopted pursuant thereto are incorporated
into this Conflict of Interest Code.
The Fair Political Practices Commission has adopted
regulations governing its review of Conflict of Interest
Codes which require proposed Codes to be accompanied by
"a declaration of the chief executive officer of the
agency declaring that the agency has satisfied the not-
ice
and hearing requirements preliminary to the formula-
tion of the Code pursuant to Government Code §87311". 2
Cal. Adm. Code §18750(d)(1). This office is not in receipt
of such declaration on behalf of the Town Council. If the
Code for the Council was not adopted pursuant to the.re-
quiremerts of §87311, please notify this office at once
so that your Code may be returned to the Council for
action consistent with the terms of that section. -.n
the absence of such notification, we assume that the
Council has complied with §87311 in the formulation of
its Conflict -of Interest Code. The ratification of
each Conflict of Interest Code by the Commission is
conditional upon the satisfaction of the requirements
of §87311.-
If you have any questions regarding the proposed changes
to the Code, please do not hesitate to contact me at 916/
322-6444. Thank you.
DLS:gb
Enclosure
Sincerely,
Delbert L. Spurlock, Jr., Chief
Conflicts of Interest Division
••••. .. . „ ru I Y
After hearing pursuant to Government Co
§87311 and 2 Cal. Adm. Code §18750,
seq., the Conflict of Intere•t Coce of
was approved, pursuant to
RESOLUTION NO. 1976-84 attached statement of revi-
sion, on 9-4V/- »
RESOLUTION OF THE TOWN COUNCIL OF TFiE�'Y the Fair Political mac -
TOWN OF LOS GATOS ADOPTING A CONFLIC'ltices Commission.
OF INTEREST CODE APPLICABLE TO THE 8Y; y- ye4i L-reJ
MEMBERS OF THE TOWN COUNCIL PURSUANT
TO THE POLITICAL REFORM ACT OF 1974 Effective: Xo-444%-%
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS HEREBY RESOLVES
AS FOLLOWS:
SECTION 1. ADOPTION OF CONFLICT OF INTEREST CODE.
compliance with section 87300 of the Government Code the
Council hereby adopts this Conflict of Interest Code.
SECTION 2. APPLICATION OF CODE. This Conflict of Interes
Code shall be applicable to members of the Town Council.
SECTION 3. DISCLOSURE. Councilmembers are already requii
to disclose investments, interest in real property and income
under sections 87200 and following of the Government Code.
Therefore no other or additional disclosure requirements are
'imposed by this Conflict of Interest Code.
SECTION 4. CIRCUMSTANCES REQUIRING DISQUALIFICATION.
Any Town Councilmember must disqualify himself or herself from
making or participating in the making of a decision when he or
she has a financial interest, as defined in section 87103 of
the Government Code, when it is reasonably foreseeable that it
may be affected materially by the decision, unless the rule of
necessity set forth in section 87101 of the Government Code
applies.
-1-
In
Town
_ZE(1)
6- L-71 ate /97& --Fey
SECTION 5. The Town Clerk is directed to forward a
certified copy of this resolution to the Fair Political Practices
Commission.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Los Gatos held on the 6th day of
June , 1976, by the following vote:
AYES: COUNCIL MEMBERS: Mark B. DiDuca, Mardi Gualtieri,
John B. Lochner, Albert B. Smith and Ruth Cannon
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
SIGNED:
ATTEST:
CLERK OF(/'THE 'TOWN QE LOS) GATOS
MAYOR OF THE TOWN OF LOS GATOS
Theoregoing instrument
correct file in ooY of tho orp1
inal
this office.
ATTEST.
BY
CLERK OF THE TOVVN OF LOS GATOS
-2- OATED
4
tate of California
air Political Practices Commission,
P.O. BOX 807 • SACRAMENTO, 95804 • • • 1100 K STREET BUILDING, SACRAMENTO, 95814
September 7, 1976
Ms. Jo Leibfritz
Town Clerk, Los Gatos
Post Office Box 949
110 East Main Street
Los Gatos, California 95030
Dear Ms. Leibfritz:
The Conflict of Interest Code for the Town Council of
the Town of Los Gatos will be reviewed by the Fair Political
Practices Commission on September 21, 1976, at the Department
of Food and Agriculture, 1220 N Street, Room 127, Sacramento.
The staff will be recommending that the proposed Code for the
Town Council be revised to conform to model Code provisions
(attached) which represent the Commission's most recent det-
erminations with respect to Conflict of Interest Codes for
City Councils.
Though the staff is proposing to revise the Code as
submitted, the review of the Code will be scheduled for the
Commission Summary Calendar. (See 2 Cal. Adm. Code §18750.)
Thus, unless the Council disagrees with the proposed changes
and requests a full hearing thereon, it will not be necessary
for a representative of the Council to be present at the
review of the Code. The proposed amendments to the Code
follow.
Delete proposed Section 4 and substitute new Section 4:
Section 4. Circumstances Requiring Disqualifi-
cation. Any member of the Town Council, whether act-
ing as a Council member or as governing board member
or commissioner of any town agency, must disqualify
himself or herself from making or participating in
the making of any decisions which will foreseeably
have a material financial effect, distinguishable
from its effect on the public generally, on any I.
economic interest, as defined in Government Code
§87103. No member shall be prevented from making SEP ! 0 NO
or participating in the making of any decision to Cc
the extent his or her participation is legally
required for the decision to be made.
TECHNICAL ASSISTANCE/ADMINISTRATION (916) 322-5660 • EXECUTIVE/LEGAL 322-5901 • ENFORCEMENT/CONFLICT OF INTEREST 322-6441
Ms. Jo Leibfritz
September 7, 1976 Page Two
Change proposed Section 5 to Section 6. Insert new
Section 5:
Section 5. Definitions. Except as otherwise
indicated, the definitions contained in the Political
Reform Act of 1974 (Government Code §81000) and Reg-
ulations adopted pursuant thereto are incorporated
into this Conflict of Interest Code.
The Fair Political Practices Commission has adopted
regulations governing its review of Conflict of Interest
Codes which require proposed Codes to be accompanied by
"a declaration of the chief executive officer of the
agency declaring that the agency has satisfied the not-
ice and hearing requirements preliminary to the formula-
tion of the Code pursuant to Government Code §87311". 2
Cal. Adm. Code §18750(d)(1). This office is not in receipt
of such declaration on behalf of the Town Council. If the
Code for the Council was not adopted pursuant to the re-
quirements of §87311, please notify this office at once
so that your Code may be returned to the Council for
action consistent with the terms of that section. In
the absence of such notification, we assume that the
Council has complied with §87311 in the formulation of
its Conflict of Interest Code. The ratification of
each Conflict of Interest Code by the Commission is
conditional upon the satisfaction of the requirements
of 587311.
If you have any questions regarding the proposed changes
to the Code, please do not hesitate to contact me at 916/
322-6444. Thank you.
Sincerely,
Delbert L. Spurlocl, Jr.Chief
Conflicts of Interest Division
DLS:gb
Enclosure
FOLLOWING IS AN '?XAMPLE RATIFIED BY THE FA'." POLITICAL PRACTICES
COMMISSION (5/76).
RESOLUTION NO.
RESOLUTION OF THE'CITY COUNCIL OF THE CITY OF
NINA ADOPTING A CONFLICT OF INTEREST CODE
APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL
PURSUANT TO TIE POLITICAL -REFORM ACT OF 1974
THE CITY COUNCIL OF THE CITY OF NINA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. ADOPTION OF CONFLICT OF INTEREST CODE. In compliance
with §87300 of the Government Code, the City Council hereby adopts
this Conflict of Interest Code.
SECTION 2. APPLICATION OF CODE. This Conflict of Interest•Code
shall be applicable to members of the City Council, whether acting
as a Council member or as governing board member or commissioner of
any city agency.
SECTION 3. DISCLOSURE. Members of the City Council are required,
pursuant to Government Code §87200, to disclose investments, interests
in real property and income. No other or no additional disclosure
requirements are imposed by this Conflict of Interest Code.
SECTION 4. CIRCUMSTANCES REQUIRING DISQUALIFICATION. Any member
of the City Council, whether acting as a Council member or as govern-
ing board .member or commissioner_ of any city agency, must disqualify
himself or herself from making or participating in the making of any
decisions which will foreseeably have a material financial effect,
distinguishable from its effect on the public generally, on any
economic interest, as defined in Government Code §87103. No member
shall be prevented from making or participating in the making of
any decision to the extent his or her participation is legally
required for the decision to. be made.
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NOTICE OF REVc OF PROPOSED CONFLICT OF, TEREST CODES
BY THE FAIR POLITICAL PRACTICES COMMISSION
NOTICE IS HEREBY GIVEN that the Fair Political Practices
Commission, pursuant to the authority vested in it by §§82011
and 87303 of the Government Code to review proposed Conflict •
of Interest Codes of state agencies, county boards of super-
visors, city councils and local government agencies with
jurisdiction in more than one county, will review the proposed
Conflict of Interest Codes of:
5 State Agencies: Education, Board of
Education, Department of
Franchise Tax Board
State Board of Equalization
Treasurer, Office of State
6 County Boards of Supervisors:
Alpine
Colusa
Lake
Placer
San Benito
San Luis Obispo
81 City Councils:
Adelanto
Alhambra
Angels
Atherton
Atwater
Beaumont
Beverly Hills
Bishop
Blythe
Bradbury
Brawley
Brea
Burlingame
Calipatria
Carpinteria
Campbell
Carson
Ceres
Claremont
Cloverdale
Corcoran
Corning
Culver City
Davis
.Dorris
Desert Hot Springs
Dos Palos
El Monte
Escalon
Eureka
Fairfield
Firebaugh
Fullerton
Gilroy
Glendale
Grass• Valley
Healdsburg
Hemet
Hidden Hills
Hillsborough
Inglewood
Irwindale
Isleton
La Mirada
Laguna Beach
Lomita
Lompoc
Long Beach
Los Banos
Los Gatos
Manhattan Beach
Morgan Hill
Newport Beach
Oakdale
Oxnard
Ontario
Perris
Petaluma
Pismo Beach
Point Arena
Portola Valley
Rancho Mirage
Rio Vista
Ripon
Riverbank
Riverside
Ross
San Jacinto
San Juan Capistrano
San Marino
San Mateo
San Pablo
San Rafael
Santa Clara
Simi Valley
Sonora
So. Pasadena
Stanton
Sunnyvale
Tehama
Tulelake
at a hearing to be held September 21 at the Department of Food and
Agriculture, 1220 N Street, Room 127, Sacramento, and September 22
at the State Personnel Board, 801 Capitol Mall, Roorn 150, Sac
ramento,
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3
(c) Pursuant to S2271, a local agency may levy
a tax rate in addition to the maximum property
tax rate established pursuant to this code to
pay costs mandated by initiative enactment which
are not funded by the State or Federal government.
Dated:
/ •
Daniel 11. Lowenstein
Chairman
•
WINN ur uikiuz:, L.MLIi't.MINIH
OFFICE OF TOVd;1 CLERK
.;—AX and L!CEN..:E rOLLEOTOR
P. O. BOX 949 - 110 E. MAIN ST. - LOOS GATOS, CALIF. 95030
'141-
M E S S A G E
R E PL Y
TO
L_
DATE
SIGNED
Fair Political Practices Commission
State of California
P. 0. Box 807
Sacramento, Ca. 95804
7/8/76
Gentlemen:
Enclosed for your file is a certified
copy of Resolution 1976-84 as adopted
by the Town Council of Los Gatos
on July 6, 1976 concerning conflict
of interest.
Yours truly,
Jo Leibfrttz
Town Clerk
DATE
SIGNED
FORM AVAILABLE FROM GRAYARC CO., INC.
882 THIRD AVE., B'KLYN., N. Y. 11232
DETACH THIS COPY -RETAIN FOR ANSWER. SEND WHITE AND PINK COPIES WITH CARBONS INTACT.
t?Tsvl4;� 14• rrJts? :`r ty.1 t_jtf; yiiS/rtr ' 2Ts'r.al.m-1.4t_t, z L��: 61;;:c` T}'b[te I .E. ! St'' 0'4•
•
RESOLUTION NO. _1 976-$4...._..._
RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS ADOPTING A CONFLICT
OF INTEREST CODE APPLICABLE TO TEE
MEMBERS OF THE TOWN COUNCIL PURSUANT
TO THE POLITICAL REFORM ACT OF 1974
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS HEREBY RESOLVES
AS FOLLOWS:
SECTION 1. ADOPTION OF CONFLICT OF INTEREST CODE. In
compliance with section 87300 of the Government Code the Town
Council hereby adopts this Conflict of Interest Code.
SECTION 2. APPLICATION OF CODE. This Conflict of Interest
Code shall be applicable to members of the Town Council.
SECTION 3. DISCLOSURE. Councilmembers are already required
to disclose investments, interest in real property and income
under Sections 87200 and following of the Government Code.
Therefore no other or additional disclosure requirements are
imposed by this Conflict of Interest Code.
SECTION 4. CIRCUMSTANCES REQUIRING DISQUALIFICATION.
Any Town Councilmember must disqualify himself or herself from
making or participating in the making of a decision when he or
she has a financial interest, as defined in section 87103 of
the Government Code, when it is reasonably foreseeable that it
may be affected materially by the decision, unless the rule of
necessity set forth in section 87101 of the Government Code
applies.
_1_
SECTION 5. The Town Clerk is directed to farward a
certified copy of this resolution to the Fair Political Practices
Commission.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Los Gatos held on the 5th day of
, 1976, by the following vote:
AYES: COUNCIL MEMBERS: Mrk B. DiDuca. Mardi Gualtieri,
_Inhn R. Inchner, Albert B. 5mith_and Ruth Cannon
NOES: COUNCIL MEMBERS: None:
ABSENT: COUNCIL MEMBERS: None
SIGNED: /S/ Ruth Cannon
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
/S( Jo LetLfritz (seal)
CLERK OF THE TOWN OF LOS GATOS
-2-
TOWN of LOS GATOS
Town Attorney
354-6880
July 2, 1976
TO: THE HONORABLE MAYOR AND COUNCIL
TOWN OF LOS GATOS
FROM: PRESTON W. HILL
TOWN ATTORNEY
SUBJECT: MODEL CONFLICT OF INTEREST CODE
Since I first submitted the League of California Cities'
model conflict of interest codes to the Town Council there has
been some clarification of the requirements of Proposition 9.
For example, in the opinion of counsel at the League's Sacramento
office, the October deadline established by the Fair Political
Practices Commission for adoption and filing of local conflict
of interest codes applies only to codes which must be filed with
the FPPC-- in the case of cities, only to the codes adopted for
the regulation of city councils themselves. The preparation
of codes for the regulation of departments and advisory bodies
can be deferred.
The legal consensus is that it is appropriate for councils to
adopt for filing with the FPPC a brief code which simply makes
reference to those provisions of Proposition 9 which regulate
disclosures by and conduct of councilmembers. A suitable
resolution is attached.
More elaborate codes for use at commission and departmental
level will be presented later, after discussion with the manager
and department heads. These codes will not have to be filed in
Sacramento. According to the best assessment I can make of the
situation, there is as yet no firm deadline on adoption of this
category of codes, and the Town might learn from the experience
of other cities if action is deferred.
tfully submitted,
TON W.
LL
Town Attorney
PWH:pm
Attachment
General Distribution
iX CT)
CIVIC CENTER • 110 EAST MAIN STREET • P.O. BOX 949 • LOS GATOS, CALIFORNIA 95030
TOWN of LOS GATOS
Town Attorney
354-6880
January 30, 1976
TO: THE HONORABLE MAYOR AND COUNCIL MEMBERS
TOWN OF LOS GATOS
FROM: PRESTON W. HILL
TOWN ATTORNEY
SUBJECT: MODEL CONFLICT OF INTEREST CODE
Attached are model conflict of interest codes prepared and
published by the League of California Cities. The codes are intended
to comply with the requirements of Proposition 9, the Political
Reform Act of 1974. There is no statutory deadline for the adoption
of such codes-- the law says that codes must be submitted not earlier
than April 1, 1976-- but it is generally assumed that local agencies
in California will adopt such codes around April 1.
The law is unclear, but the legal committee representing California
cities and counties has expressed the opinion that each department of
a city must adopt a code subject to review by the Council, and that
the Council must adopt a separate code. My opinion differs: the text
of Proposition 9 seems to provide that city councils are not required
to adopt conflicts of interest codes applicable to themselves.
However, the attached codes follow the statewide model.
Virtually every employee who holds an administrative or policy -
making position, or who is involved in purchasing or who exercises
planning judgment is a designated employee (i.e. one who must make
disclosures), as are the town manager (because he is the purchasing
agent), town clerk (if the clerk makes any purchasing decisions),
tax collector, treasurer, retirement board members, engineering staff
and everyone who exercises judgment with respect to subdivision approval.
Building inspectors are included as are librarians who have discretionary
duties regarding purchasing and anyone who exercises judgment with
regard to environmental impact reports. The parks commission and other
commissions are exempt if their functions are purely advisory, but the
superintendent of parks and forestry and any policy -making member of
the department are designated employees. City managers, as such, are
CIVIC CENTER • 110 EAST MAIN STREET • P.O. BOX 949 • LOS GATOS, CALIFORNIA 95030
THE HONORABLE MAYOR AND TOWN COUNCIL PAGE TWO
TOWN OF LOS GATOS JANUARY 30, 1976
not designated employees because Government Code section 87302(b)
provides that the provisions of conflict of interest codes do not
apply to those who are covered by section 87200, which requires
disclosure of assets and income whether or not there is a conflict
of interest code.
The two attached codes are presented to you for preliminary
review. The first one would be for use by the Council itself and
the other for use by each department. Mayor Jensen has suggested
that a rule be added to the codes requiring that whenever an
application such as an application for zoning approval is filed with
the Town any person who is a Town officer or employee and who is
the applicant or who is the owner of a substantial interest in an
applicant partnership or corporation, identify himself on the
application. If the Council were to consider this suggestion, it
would be advisable to decide whether such rules should apply in land
use regulation and subdivision situations or in the case of every
sort of permit including business licenses, and to whom the rule
would apply.
Respectfully submitted,
ONW."HI
Town Attorney
PWH:pm
Attachments
Regular distribution
Senate Bill No. 716
CHAPTER 1166
The people of the State of California do enact as follows:
SECTION 1. Article 4.6 (commencing with Section 1120) of Chapter 1 of Division
4 of Title 1 of the Government Code is repealed.
SEC. 2. Division 4.5 (commencing with Section 3600) of Title 1 of the Government
Code is repealed.
SEC. 3. Division 4.5 (commencing with Section 3600) is added to Title 1 of the
Government Code, to read:
DIVISION 4.5. CONFLICT OF INTEREST
CHAPTER 1. LEGISLATIVE POLICY
3600. This division shall be known and may be cited as the Governmental Conflict
of Interests Act.
3601. The Legislature enacts this division
(1) To assure the independence, impartiality and honesty of public officials in
governmental actions and decisions;
(2) To inform citizens of the existence of personal economic interests which may
present a conflict of interest between the official's public trust and private gain;
(3) To prevent public office from being used for personal gain, other than the
remuneration provided by law;
(4) To assure that governmental decisions and policy be made in the proper course
according to the proper procedures and considerations;
(5) To prevent special interests from unduly influencing governmental decisions
and policy; and to assure to the extent possible, that governmental decisions and
policy reflect the public interest.
3602. The provisions of this division are to be liberally construed, to the end
that the public interest be fully protected. If any provision of this act or the
application thereof to any person or circumstance is held invalid for any reason,
such invalidity shall not affect any other provisions or applications of this act
which can be effected without the invalid provision or application, and to this end
the provisions of this act are severable.
3603. Nothing in this division shall prevent any public agency from adopting rules
relating to conflicts of interest of its officers which require disclosure or dis-
qualification in addition to the requirements of this division.
3604. (a) Every document, record, or statement required to be filed pursuant to
the provisions of this division is a public record and shall be made available at
reasonable times for inspection by any member of the public.
(b) A copy of each such document, record, or statement shall be given to any member
of the public upon payment of a reasonable charge, not to exceed ten cents ($0.10) per
page.
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one thousand dollars ($,)00).
(d) Subdivision (b) of this section shall not apply to the following:
(1) To any constitutional officer;
(2) To any public official with respect to any matter which could not legally
be acted upon or decided by his public agency without his participation;
provided that the constitutional officer or official specifically disclose as a matter
of official, public record the existence of any economic interest described in sub-
division (c), and describe with particularity the nature of the interest before he
acts or decides or participates in any action or decision; and provided further that
he in no way attempts to influence any other public official with respect to the
matter.
(e) Subdivision (b) of this section shall not apply if the action or decision affects
an economic interest of the official as a member of the public or a significant segment
of the public or as a member of an industry, profession or occupation, to no greater
extent than any other such member of the public, segment of the public or an industry,
profession or occupation.
3626. Each public agency may adopt guidelines for its officials in their determina-
tion whether they have an economic interest or interests which are in substantial con-
flict with the proper exercise of their official duties and powers under subdivision
(a) of Section 3625 and in determining whether they have an economic interest in
matters for purposes of subdivision (b) of Section 3625. These guidelines shall not
supersede the requirements of subdivisions (a) and (b) of Section 3625, but when
complied with in the good faith belief that they are consistent with those provisions
they shall exempt officials from the civil penalties in Section 3751 and the sanctions
in Section 3753.
3627. (a) Except as a governmental employee or consultant, no former official
shall influence or attempt to influence for compensation, the public agency by which
he was employed or which he served, or any of its members, officers or employees in
their official duties within a period of two years after the termination of his em-
ployment or service.
(b) Within a period of two years after termination of his service or employment,
no former public official shall receive compensation from any person whose economic
interests were the subject of or affected by any action or decision in which he
participated or was involved in his official capacity during the period of his service
or employment, unless the action or decision was one which affected the person's
interests as a member of the public or a significant segment of the public, or as a
member of an industry, profession or occupation to no greater extent than any other
such member of the public or the industry, profession or occupation.
(c) Subdivisions (a) and (b) of this section shall not apply to a former public
official unless the official receives compensation or other thing of value from a
business entity having a contractual relationship with the public agency by which
the official was employed.
CHAPTER 4. DISCLOSURE
3700. (a) This section is applicable to constitutional officers, county super-
visors and chief administrative officers, mayors, city council members, members of
planning commissions and planning officers, and managers and chief administrative
officers of general law or charter cities.
(b) During April of each year, officials designated in subdivision (a) of this
section shall file a statement containing the following information:
(1) The name, principal address, and general description of the nature of the
- 3-
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3704. (a) Every public agency may adopt and promulgate rules governing dis-
closure of financial interests by its officials. County and city and county boards
of supervisors, city councils of general law and chartered cities and the govern-
ing boards of special districts may adopt and promulgate the rules for officials
in the agencies subject to their control.
(b) Any violation of these rules shall be deemed a violation of this chapter.
(c) The rules shall designate the interest or type of interest the different
officials must disclose. They shall require designation of the investment, interest,
source of income, gifts and loans and positions enumerated in subdivision (b) of
Section 3700 under the standards set forth in subdivisions (b) and (c) of Section
3700.
(d) Employees holding secretarial, clerical or manual positions, and other officials
whose financial interests could not be affected materially by any action, failure to
act or decision taken by them within the scope of their official duties shall not be
required to file statements of financial interests.
3705. Every state and local government agency shall amend or revise its rules
when necessitated by changed circumstances.
3706. Any official of the agency or any citizen may bring suit to challenge the
coverage or adequacy of the rules adopted under Sections 3704 and 3705. If the trial
judge finds that certain classes of interests included in the rules could not be
affected materially be any action, failure to act or decision likely to be made or
that certain classes of interests excluded from the rules could be so affected, he
may order the amendment of the rules accordingly.
3707. Constitutional officers, state officials, and candidates for state office
shall file statements required under this chapter with the Secretary of State. All
other persons shall file with the county clerk in the county in which their place
of employment is located, or where they reside if they are not employed.
3708. The Secretary of State shall be responsible for disseminating information
about the requirements of Sections 3625, 3700, and 3702 and the sanctions for viola-
tions. Public agency heads shall inform persons under their authority of require-
ments under Section 3703 and the sanctions for violations.
3709. Persons required to file statements under this chapter shall verify that
the statements are true under penalty of perjury, punishable as provided by Section
126 of the Penal Code.
3710. (a) Every document, record, or statement required to be filed pursuant
to the provisions of this division is a public record and shall be made available
at reasonable times for inspection by any member of the public.
(b) A copy of each such document, record, or statement shall be given to any
member of the public upon payment of a reasonable charge, not to exceed ten cents
($0.10) per page.
CHAPTER 5. ENFORCEMENT
3750. Nothing in this division shall exempt any person from applicable provisions
of any other law of this state.
3751. (a) The district attorney in any county where a violation of this divi-
sion is alleged to have occurred, the Attorney General if the district attorney
fails to take action, or any citizen or group of citizens of this state, may bring
an action in superior court to enjoin violations of or compel compliance with the
-5-
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DRAFT
TO: All Town Employees
FROM: TOWN MANAGER
SUBJECT: INFORMATION ABOUT FINANCIAL CONFLICT OF INTEREST
All Town employees should be aware that the Political Reform Act of 1974
prohibits any local government employee from participating in any way in any
governmental decision in which he or she has financial interest. Financial
interest means that the employee has received income in some form from an
interested party within twelve months prior to the time when a decision is
made. Such income may include gifts or discounts.
What this means in practical terms is that if an employee has received a
discount, gift, other goods or money within the last twelve months from some
individual or organization, the employee may not take part in any decision -
making process which may result in the awarding by the Town of a contract,
purchase, or other consideration to that individual or organization.
This prohibition affects all Town employees, whether or not they are
routinely required to file a Statement of Economic Interest with the Town
Clerk.
RESOLUTION NO. 1963-29
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DEFINING THE CONDITIONS GOVERNING
CONFLICT OF INTEREST FOR PUBLIC OFFICERS
AND EMPLOYEES OF THE TOWN OF LOS GATOS
The Town Council of the Town of Los Gatos hereby adopts the
following statement on conflict of interest in matters affecting public
officers and employees of the Town of Los Gatos:
Section 1. Declaration of Policy
The proper operation of municipal government requires that public
officers and employees be independent, impartial and responsible to the
people, that governmental decisions and policy be made in the proper
channels of the governmental structure, and that public office not be
used for personal gain.
Section 2. Responsibilities of Public Officers and Employees
Public officers are all elective or appointive officers of the
Town, and the members of all official boards, commissions, and committees
of the Town.
Public officers and employees are bound to uphold the Constitution
of the United States and the Constitution of the State of California, and
to carry out the laws of the nation, state and municipality.
Section 3. Dedicated Service
Public officers and employees should adhere to the principles of
public administration and should work in full cooperation with other
public officers and employees, unless prohibited from so doing by law or
officially recognized confidentiality of their work.
Section 4. Fair and Equal Treatment
Preferential consideration of the request or petition of any
individual citizen or group of citizens shall not be given. No person
shall receive special advantages beyond that which are available to any
other citizen.
Section 5. Use of Public Property
No public officer or employee shall request or permit the use of
Town -owned vehicles, equipment, materials, or property for personal con-
venience or profit, except when such services are available to the public
generally, or are provided as municipal policy for the use of such officer
or employee in the conduct of official business. No public officer or
employee shall use the time of any city employee during working hours
for personal convenience or profit.
Section 6. Obligations to Citizens
No public officer or employee in the course of his official duties
shall grant any special consideration, treatment or advantage to any
citizen beyond that which is available to every other citizen in the same
circumstances.
Section 7. Conflict of Interest: General
(a) Conflict with proper discharge of duties:
No public officer or employee, while serving as such, shall
have any interest, financial or otherwise, direct or indirect, or
engage in any business or transaction or professional activity,
or incur any obligation of any nature which is in substantial
conflict with the proper discharge of his duties in the public
interest and of his responsibilities as prescribed by the Ordi-
nances of the Town.
(b) incompatible Employment:
No public officer or employee shall accept other employment
which he has reason to believe will either impair his independence
of judgment as to his official duties, or require him, or induce
him, to disclose confidential information acquired by him in the
course of, and by reason of, his official duties.
(c) Disclosure of Confidential information:
No public officer or employee shall wilfully and knowingly
disclose for pecuniary gain to any other person confidential
information acquired by him in the course of, and by reason of,
his official duties, nor shall any public officer or employee
use any such information for the purpose of pecuniary gain.
(d) Gifts:
No public officer or employee shall receive, or agree to
receive, directly or indirectly, any compensation, reward or
gift, from any source except the Town of Los Gatos, for any
service, advice, assistance or other matter related to the legis-
lative process, except fees for speeches or published works on
legislative subjects, and except in connection therewith
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reimbursement for expenses for actual expenditures for travel,
and reasonable subsistence for which no payment or reimburse-
ment is made by the Town of Los Gatos.
(e) Conflict of Interest:
A conflict of interest exists in a matter before an officer
for consideration or determination if:
(1) The public officer has a substantial financial or
substantial personal interest in the outcome, or as owner,
member, partner, officer, employee, stockholder or other
professional enterprise that will be effected by the out-
come, and such interest is, or may be, adverse to, the public
interest in the proper performance of governmental duties by
the officer.
(2) The public officer has reason to believe or expect that
he will derive a direct monetary gain, or suffer a direct
monetary loss, as the case may be, by reason of his official
capacity.
(3) The public officer, because of bias or prejudice, or
because he has pre -judged a matter set for public hearing,
is incapable because of such bias, prejudice or pre-
judgment of granting to the matter before him a fair and
impartial hearing.
Personal interest as distinguished from financial interest
is defined as including, among other matters, an interest arising
from blood or marriage relationships, or close business associa-
tion.
Section 8. Disclosure of Interest & Disqualification:
Any councilman who has a conflict of interest, as defined herein,
in any matter before the Town Council, shall disclose such fact on the
records of the Town Council, shall step down, and shall refrain from
participating in any discussion, whether in his official or in a repre-
sentative capacity, or voting thereon.
Any member of any official board, commission, or committee who has
a conflict of interest as defined herein, in any matter before the board,
commission, or committee, of which he is a member, shall disclose such
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fact on the records of such board, commission or committee, shall step
down, and shall refrain from participating in any discussion, whether in
his official or in a representative capacity, or voting thereon.
Any other public officer or employee, who has a financial or other
special interest in a matter before the Town Council or any board, commis-
sion, or committee, and who participates in discussion with, or gives an
official opinion to, such board, commission or committee relating to such
matter, shall disclose on the records of the Council or such board, com-
mission, or committee, as the case may be, the nature and extent of such
interest.
Section 9. Compliance with State Law:
Public officers and employees of the Town of Los Gatos shall
comply with applicable provisions of state law relative to conflicts of
interest and generally regulating the conduct of public officers and
employees.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos, held on the 19th day of February, 1968, by the
following vote:
AYES: COUNCILMEN Charles E. DeFreitas
Egon Jensen
John Lincoln
John D. Michaelsen
Roland H. Perry
NOES: COUNCILMEN None
ABSENT: COUNCILMEN None
/s/ EGON JENSEN
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
/s/ JO LEIBFRITZ (SEAL)
CLERK OF THE TOWN OF LOS GATOS
RESOLUTION NO, 67-28
PLANNING COMMISSION
TOWN OF LOS GATOS
BE IT RESOLVED by the Town of Los Gatos Planning Commission,
in regular meeting assembled on the l3th day of December, 1967,
that said Commission has reviewed the proposed Code of Ethics,
submitted to it for review, and makes the following recommendation:
That after due consideration, the Planning Commission recommends
to the Town Council that said proposed Code of Ethics, as submitted
to the Planning Commission, be tabled indefinitely by the Council.
PASSED AND ADOPTED this 13th day of December, 1967, by the
following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Forsyth, Menard, Rees,
Sohns, Tobin, Treseder,
Warner
None
Richards, Weller
EORGE 'BIN
CHAIRMAN OF THE PLANNING COMMISSION
HARTLEY SEEGER
SECRETARY OF THE PLANNING COMMISSION
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