22 Staff Report - Amending Conflict of Interest CodeCOUNCIL AGENDA
DATE: 10/19/92
ITEM NO.
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: OCTOBER 7, 1992
TO: MAYOR AND TOWN COUNCIL
FROM: KATHERINE ANDERTON, TOWN ATTORNEY
SUBJECT: ADOPT ORDINANCE AMENDING DIVISION 4 SECTION 2.30.605 THROUGH 2.30.620
RELATING TO CONFLICT OF INTEREST CODE
RECOMMENDATION:
Adopt the attached ordinance which was introduced at the Council meeting of October 5, 1992.
PREPARED BY: KATHERINE ANDERTON, TOWN ATTORNEY
KA:LMB:yfg 10/8/92 8:10 am
DISK013\A:\CONFLCT.RPT File #301-09.02
Attachments: Ordinance
Distribution: Town Attorney's Office
Regular Distribution
Reviewed by. v-)\ Manager Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING DIVISION 4, SECTION 2.30.605 THROUGH 2.30.620
RELATING TO CONFLICT OF INTEREST CODE
The Town Council of the Town of Los Gatos does hereby ordain:
SECTION I
Section 2.30.605 of the Conflict of Interest Code is amended to read:
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.
SECTION II
Section 2.30.610 of the Conflict of Interest Code is amended to read:
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 foreseeably have a material effect on financial interests, and are therefore designated
employees of the Town of Los Gatos and are required to make financial disclosure.
DESIGNATED POSITIONS
DISCLOSURE CATEGORY
ADMINISTRATION
Town Council
Town Manager
Assistant Town Manager
Town Attorney
Town Clerk
Senior Deputy Clerk
Town Treasurer
Deputy Town Treasurer
Finance Manager
Accounting/Auditing
Personnel Manager
Information Systems Manager
BUILDING & ENGINEERING DEPARTMENT
Director of Building
and Engineering Services
Associate Civil Engineer
Plan Check Engineer
Chief Inspector
PLANNING DEPARTMENT
Planning Director
Senior Planner
Associate Civil Engineer
Planner I/II
COMMUNITY SERVICES
Community Services Director
TOWN LIBRARY
Library Director
POLICE DEPARTMENT
Chief of Police
PARKS, FORESTRY & MAINTENANCE
Director of Parks
Forestry and Maintenance
Maintenance Superintendent
Parks & Forestry Superintendent
2
1 through 12
1 through 12
1 through 8 & 10 through 13
1 through 12
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 12
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1, 4 through 8 & 10 through 13
1, 4 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 8 & 10 through 13
1 through 8 & 10 through 13
COMMISSIONERS, COMMITTEE AND BOARD MEMBERS
Arts Commission
Board of Appeals
Community Services Commission
Development Review Committee
Historic Preservation Committee
Library Board
Park Commission
Parking Commission
Personnel Board
Planning Commission
Rent Advisory Committee
Trails Committee
SPECIFIED CONSULTANTS
Those consultants likely to participate
in the making of a governmental decision as
determined by the Town Manager in writing.
1 through 8 &
1 through 8 &
1 through 8 &
1 through 8 &
1 through 8 &
1 through 8 &
1 through 8 &
1 through 8 &
1, 4 through 8
1 through 12
1 through 8 &
1 through 8 &
10 through 13
10 through 13
10 through 13
10 through 13
10 through 13
10 through 13
10 through 13
10 through 13
& 10 through 13
10 through 13
10 through 13
1 through 8 & 10 through 13
SECTION III
Section 2.30.615 of the Conflict of Interest Code is amended to read:
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
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 miles outside the boundaries of the jurisdiction
or within two miles of any land owned or used by the local government
agency.
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Designated employees shall disclose their financial interests pursuant to the appropriate
disclosure category as indicated in Section 2.30.610.
Disclosure Categories:
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
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SECTION IV
Section 2.30.620 of the Conflict of Interest Code is amended to read:
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.
SECTION V
This Ordinance takes effect 30 days after the date it is adopted. Within 15 days
after this Ordinance is adopted, the Town Clerk shall cause it to be published once in a
newspaper of general circulation published and circulated in the Town.
This Ordinance was introduced at a regular meeting of the Town Council of t1
Town of Los Gatos on October 5, 1992, 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 19, 1992.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A1"1'EST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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TC:D11:ORD-CON.INT
October 19, 1992
Los Gatos, California
LOS GATOS WEEKLY-TIMES/LEGAL PUBLICATIONS/RESOLUTION 1992-192 (12.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992-192
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING AGREEMENT
BETWEEN THE TOWN AND THE LOS GATOS WEEKLY -TIMES NEWSPAPER FOR LEGAL
ADVERTISING FROM NOVEMBER 1. 1992 THROUGH OCTOBER 31. 1994. Carried
unanimously.
EMPLOYMENT RELATIONS/LIEBERT, CASSIDY & FRIERSON/RESOLUTION 1992-193 (14.10)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992-193
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN AN AGREEMENT WITH LIEBERT. CASSIDY & FRIERSON. BAY
AREA EMPLOYMENT RELATIONS CONSORTIUM. FOR SPECIAL SERVICES RELATING
TO LEGAL TRAINING AND CONSULTING. Carried unanimously.
WORKER'S COMP/PRESCRIPTION SERVICE/BEN & GARY'S/RESOLUTION 1992-194 (15.10)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992-194
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN AN AGREEMENT WITH BEN & GARY'S COMMUNITY PHARMACY
FOR WORKER'S COMPENSATION PRESCRIPTION SERVICES. Carried unanimously.
LANDMARK/HISTORIC PRESERVATION/OVERLAY ZONE/ORDINANCE 1914 (20.46)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1914 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING NONSUBSTANTIVE
PROVISIONS OF THE LHP OR LANDMARK AND HISTORIC PRESERVATION OVERLAY
ZONE CHAPTER OF THE TOWN CODE. Carried unanimously.
HISTORIC PRESERVATION/COMMITTEE DUTIES/ORDINANCE 1915 (21.20)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1915 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE
CONCERNING THE DUTIES OF THE HISTORIC PRESERVATION COMMITTEE. Carried
unanimously.
CONFLICT OF INTEREST/AMENDING TOWN CODE/ORDINANCE 1916 (22.18)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1916 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 4. SECTION 2.30.605
THROUGH 2.30.620 RELATING TO CONFLICT OF INTEREST CODE. Carried unanimously.
MOBILE HOME/RENT CONTROL/DISPUTE RESOLUTION/ORDINANCE 1917 (23.16)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1917 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS REGARDING RENT INCREASES AND
DISPUTE RESOLUTION IN MOBILE HOME PARKS AND AMENDING THE TOWN'S
RENTAL DISPUTE MEDIATION AND ARBITRATION ORDINANCE TO EXCLUDE NON -
PARK OWNED MOBILE HOMES. Carried by a vote of 3 ayes. Mrs. Benjamin abstained due
to previous absence. Mr. Ventura voted no as reflected in previous record.
TC: D4: MM 101992
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