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09 Staff Report - Currency of Town Conflict of Interest CodeCOUNCIL AGENDA REPORT DATE: August 19, 1996 TO: MAYOR AND TOWN COUNCIL FROM: LARRY E. ANDERSON, TOWN ATTORNEY SUBJECT: APPROVE REPORT REGARDING CURRENCY OF TOWN CONFLICT OF INTEREST MEETING DATE: 9-16-96 ITEM NO. 9 RECOMMENDATION: Approve report that Town Conflict of Interest Code (Government Code § 87306.5) is current. DISCUSSION: Government Code § 87306.5 requires the Town to review its Conflict of Interest Code every 2 years in order to ensure that the Code reflects current Town positiions subject to the Code. The Town last updated the Conflict of Interest Code by Ordinance No. 2009 in 1996. The most current Code is contained in Attachment 1 (Town Code §§ 2.30.605 - 2.30.620). No changes in positions have occurred in the last year. Therefore, it appears the Town Conflict of Interest is current. Attachments: 1. Current Code. N:\ATY\TOWNCONF.TCR PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY Reviewed by: giCManager "4 Finance Revised: 8/19/96 11:12 am Reformatted: 10/23/95 File #301-05 & 701-07.01 DIVISION 4. CONFLICT OF INTEREST Sec. 2.30.605. Adoption of standardized code. Government Code section 87300 requires local agencies to adopt a conflict of interest code. The State 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 local agencies are authorized to incorporate by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments and State law after public notice and hearings. Pursuant to that authority, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference, together with the other sections in this article, as the Conflict of Interest Code of the Town of Los Gatos, which is considered the "agency" within the purview of this Code. (Code 1968, § 2-60; Ord. No. 1916, § I, 10-19-92) Sec. 2.30.610. Designated employees. This section shall constitute the appendix referred to in section 2 of the standardized conflict of interest code. The Council 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 and required to make financial disclosures as specified. DESIGNATED POSITIONS DISCLOSURE CATEGORY ADMINISTRATION Assistant Town Manager 1 through 13 Town Clerk 1 through 13 Senior Deputy Clerk 1 through 13 Deputy Town Treasurer 1 through 13 Director of Finance 1 through 13 Personnel Manager 1 through 13 BUILDING AND ENGINEERING DEPARTMENT Director of Building and Engineering Services 1 through 13 Associate Civil Engineer 1 through 13 Plan Check Engineer 1 through 13 Chief Inspector 1 through 13 COMMUNITY SERVICES Community Services Director 1 through 13 LIBRARY Library Director 1 through 13 PARKS, FORESTRY & MAINTENANCE Director of Parks, Forestry and Maintenance 1 through 13 Maintenance Superintendent 1 through 13 Parks & Forestry Superintendent 1 through 13 Parks Maintenance Supervisor 1 through 13 Public Works Maintenance Supervisor 1 through 13 PLANNING DEPARTMENT Planning Director 1 through 13 Senior Planner 1 through 13 Associate Planner 1 through 13 Assistant Planner 1 through 13 Senior Engineering Technician 1 through 13 Code Compliance Officer 1 through 13 POLICE DEPARTMENT Chief of Police 1 through 13 Captain 1 through 13 Records & Communications Manager 1 through 13 COMMISSIONERS, COMMITTEE AND BOARD MEMBERS Arts Commission 1 through 13 Board of Appeals 1 through 13 DESIGNATED POSITIONS DISCLOSURE CATEGORY Community Services Commission 1 through 13 Development Review Committee 1 through 13 General Plan Committee 1 through 13 Historic Preservation Committee 1 through 13 Library Board 1 through 13 Park Commission 1 through 13 Parking Commission 1 through 13 Personnel Board 1, 4 through 8, & 10 through 13 Rent Advisory Committee 1 through 13 Trails and Bikeways Committee 1 through 13 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. 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. (Code 1968, § 2-61; Ord. No. 1916, § II, 10-19-92; Ord. No. 1925, § I, 1-4-93; Ord. No. 1989, § I, 10-17-94; Ord. No. 2009, § II, 2-5-96) Sec. 2.30.615. Disclosure categories. This section shall constitute the appendix referred to in section 3 of the standardized conflict of interest code in which disclosure categories are set forth. 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 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 (Code 1968, § 2-62; Ord. No. 1916, § III, 10-19-92) Sec. 2.30.620. Filing of statements. Designated employees shall file statements of economic interests with the Town Clerk who shall be and perform the duties of filing officer for the Town of Los Gatos. Employees, Board 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. (Code 1968, § 2-63; Ord. No. 1916, § IV, 10-19-92) N:\ATY\CONFLCOD.RED September 16, 1996 Los Gatos, California MINUTES OF SEPTEMBER 3, 1996 (07.V) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve the Minutes of September 3, 1996 as submitted. Carried unanimously. TREASURER'S REPORT (08.V) Informational report submitted by the Treasurer to the Council as of June 30, 1996, was received and filed. TOWN CONFLICT OF INTEREST CODE (09.08) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve report that Town Conflict of Interest Code (Government Code 87306.5) is current. Carried unanimously. PUB CRAWL/REQUEST FOR SPECIAL PERMIT (11.23) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that this item be dropped from the agenda, as requested by Jennifer Orme who had requested the permit. Carried unanimously. PROJECT 9616/STREET RESURFACING CAPE SEAL/RESOLUTION 1996-114 (12B.35) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-114 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REJECTING BID RECEIVED ON PROJECT 9616 STREET RESURFACING CAPE SEAL PROGRAM AND AUTHORIZING READVERTISEMENT OF PROJECT FOR BID. Carried unanimously. SOUTHBAY CABLEVISION/OVERCHARGE RESTITUTION/RESOLUTION 1996-115 (13.29) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-115 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING AND DIRECTING THE TOWN MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE TOWN TO RECEIVE FUNDS AS A RESULT OF THE STIPULATED FINAL JUDGEMENT IN CASE CV753054 (PEOPLE VS. BRENMORE CABLE PARTNERS, L.P.); AND AGREEING TO -THE PERCENTAGE DISTRIBUTION FORMULA ESTABLISHED BY THE SANTA CLARA COUNTY DISTRICT ATTORNEY'S OFFICE; AND FURTHER AGREEING TO USE ALL SUCH RECEIPTS FOR ENHANCING PUBLIC. EDUCATIONAL, AND GOVERNMENT CABLE -RELATED ACCESS AND USE. Carried unanimously. J.W. LYNDON CUPOLA/RESTORATION/NEGOTIATE BID/RESOLUTION 1996-116 (15.44) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-116 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DETERMINING THAT THE SERVICES TO RESTORE THE J.W. LYNDON CUPOLA ARE UNIQUE AND SPECIALIZED. AND DIRECT STAFF TO SEEK A NEGOTIATED BID FOR THE SERVICES. Carried unanimously. TREE PRUNING/PROJECT 9610/STORNI DAMAGE CLEANUP/RESOLUTION 1996-117 (16.35) Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-117 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATION ON FILE IN THE' TOWN CLERK'S OFFICE FOR PROJECT 9610 TREE PRUNING AND REMOVAL. Carried unanimously. TC:D8:MM091696 3 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly -Times, 245 Almendra Avenue, Los Gatos, California, 95031, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: a.6 ec) all in the year of 1994 I certify (or declare) under penalty of perjury that the foregoing is tAr ue and correct. Dated: �C at San Jose, California Lisa Thomas Filing Stamp PROOF OF PUBLICATION ✓ Town Legals ORDINANCE 1989 OF THE TOWN OF LOS GATOS AMEND- ING SECTION 2.30.610 OF THE TOWN CONFLICT OF INTEREST CODE (SUMMARIZED) On October 17, 1994, the Town Council adopted an ordinance to amend the Town Conflict of Interest Code to do the follow- ing: A) Add the following Town posi- tions to the list of those required to file Economic Disclosure Statements under the Code: - Parks Maintenance Supervisor - Public Works Maintenance Supervisor - Senior Engineering Technician - Code Compliance Officer - Police Captain - Police Records & Communications Manager - General Plan Committee Member B) Delete positions that have been deleted from the Town or- ganization. C) Increase the number of cate- gories that most positions are re- quired to disclose. D) Clarify that the Town officers required to file Disclosure Statement by Stat law are not being exempted from those re- quirements by the Town Code. This ordinance takes effect in 30 days from is adoption. Adopted by the following vote at a regular meeting of the Town Council on October 17, 1994. AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway. NAYS:None ABSENT:None.ABSTAIN:None. Attest: /s/Marian V. Cosgrove, Town Clerk Pub:10/26/94 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly -Times, 245 Almendra Avenue, Los Gatos, California, 95031, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: all in the year of 1994 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: [ Ji 'AL-) / at San Jose, California Lisa Thomas Filing Stamp PROOF OF PUBLICATION ORDINANCE OF THE TOWN 0P LOS GATOS AMENDING SEC- TION 2.30.610 OF THE TOWN CONFLICT OF INTEREST CODE (SUMMARIZED) 0n October 3, 1994, the Town Council introduced an ordinance to amend the Town Conflict of Interest Code to do the following: A) Add the following Town posi- tions to the list of those required to file Economic Disclosure Statements under the Code: - Pars Maintenance Supervisor - Public Works Maintenance Supervisor - Senior Engineering Technician - Code Compliance Officer - Police Captain - Police Records & Communications Manager - General Plan Committee Member B) Delete positions that have been deleted from the Town or- ganization. C) Increase the number of cate- gories that most positions are re- quired to disclose. D) Clarify that the Town officers required to file Disclosure Statement by State law are not being exempted from those re- quirements by the Town Code. Attest: /s/Marian V. Cosgrove, Town Clerk Pub: 10/12/94 ORDINANCE 1989 ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING SECTION 2.30.610 OF THE TOWN CONFLICT OF INTEREST CODE The Town Council of the Town of Los Gatos does hereby ordain: SECTION I Section 2.30.610 of the Town Code is amended to read as follows: Sec. 2.30.610. Designated Employees. This section shall constitute the appendix referred to in section 2 of the standardized conflict of interest code. The Council 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 and required to make financial disclosures as specified. DESIGNATED POSITIONS Administration Assistant Town Manager Town Clerk Senior Deputy Clerk Deputy Town Treasurer Director of Finance Personnel Manager DISCLOSURE CATEGORY 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 Building and Engineering Department Director of Building & Engineering 1 through 13 Services Associate Civil Engineer 1 through 13 Plan Check Engineer 1 through 13 Chief Inspector 1 through 13 DESIGNATED POSITIONS Community Services Community Services Director Library Library Director Parks, Forestry & Maintenance Director of Parks, Forestry & Maintenance Maintenance Superintendent Parks & Forestry Superintendent Parks Maintenance Supervisor Public Works Maintenance Supervisor DISCLOSURE CATEGORY 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 Planning Department Planning Director 1 through 13 Senior Planner 1 through 13 Planner I/II 1 through 13 Senior Engineering Technician 1 through 13 Code Compliance Officer 1 through 13 Police Department Chief of Police 1 through 13 Captain 1 through 13 Records & Communications Manager 1 through 13 2 DESIGNATED POSITIONS DISCLOSURE CATEGORY Commissioners, Committee and Board Members Arts Commission Board of Appeals Community Services Commission Development Review Committee General Plan Committee Historic Preservation Committee Library Board Park Commission Parking Commission Personnel Board Rent Advisory Committee Trails and Bikeways Committee 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 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1, 4 through 8, & 10 through 13 1 through 13 1 through 13 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. 3 SECTION II The State Political Reform Act requires the Town officers and employees holding the following positions to make financial disclosures as specified in State law, and therefore, the Town Conflict of Interest Code cannot vary those requirements and the positions are not be designated in this Conflict of Interest Code: Town Council Town Treasurer Town Manager Town Attorney Planning Commissioners 4 SECTION III This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October 3, 1994 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 October 17, 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steve Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Randy Attaway MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 5