Staff Report.Conflict of Interest
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Interim Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/6/2020 ITEM NO: 6
DATE: August 22, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Rescinding Resolution 2020-038 and Amending the
Appendices to the Town Conflict of Interest Code Section 2.30.610
RECOMMENDATION:
Adopt a resolution rescinding Resolution 2018-045 and amending the appendices to the Town
Conflict of Interest Code, Section 2.30.610.
BACKGROUND:
The Political Reform Act (Government Code Section 81000 et.seq.) requires local agencies to
adopt and maintain a Conflict of Interest Code. The Town of Los Gatos adopted the Conflict of
Interest Code as part of the Town Code set forth in Chapter 2, Article III, Division 4. Revisions to
the Conflict of Interest Code may be made by resolution, pursuant to Ordinance 2139, adopted
by the Town Council on February 8, 2005. On December 19, 2017, the Council amended the
Conflict of Interest Code with the adoption of Ordinance 2267 which mandates all Form 700
filers must file electronically via NetFile, the Town’s e-filing system, beginning February 1, 2019.
In addition, the Ordinance imposes an opt-in rule, under which Form 700 filers that utilize the
electronic filing system once are required to use the system for all future filings, regardless of
whether they meet the monetary thresholds in the future. This rule is to ensure continuity of
records in the electronic filing system.
The Political Reform Act further requires that in even-numbered years, prior to October 1, local
agencies conduct a biennial review and update of their conflict of interest codes to address new
positions and/or new position titles, which must be listed in the local code.
PAGE 2 OF 2 SUBJECT: Amending the Conflict of Interest Appendices DATE: August 22, 2022
DISCUSSION:
The Town last updated its Conflict of Interest Code on September 4, 2020. In consultation with
the Town Attorney, it was determined that six new employee positions/classifications need to
be added to the list of designated filers. The new positions are as follows: IT System
Administrator; Senior Public Works Inspector; Associate Engineer Technician; Senior
Engineering Technician; Urban Forest Manager; and Supervising Equipment Mechanic. The
name of the Finance Commission is also being corrected from Council Finance Committee to
Finance Commission and the General Plan Advisory Committee is being removed as the
Committee has completed its work.
Those on the designated positions list are required to file the Fair Political Practices Commission
(FPPC) Form 700 Statement of Economic Interests annually by April 1 with the Town Clerk.
Attachment 2 is the updated positions and titles for this reporting period consistent with the
Political Reform Act reporting requirements.
Additionally, the disclosure categories (Attachment 3) have been consolidated into three
categories. Category one (1) requires reporting of all investment and business positions in
business entities, sources of income (including receipt of gifts, loans, and travel payments) from
sources located in or doing business in the Town of Los Gatos and interests in real property
located in the Town of Los Gatos or within two miles of the Town of Los Gatos or property
owned by the Town of Los Gatos. Category two (2) requires reporting of investments and
positions in business entities and all sources of income (including receipt of gifts, loans, and
travel payments) from sources located in or doing business in the Town of Los Gatos. Category
three (3) requires reporting of interests in real property located in the Town of Los Gatos or
within two miles of the Town of Los Gatos or property owned by the Town of Los Gatos.
COORDINATION:
The preparation of this report was done in coordination with the Town Attorney’s Office.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Resolution
2. Exhibit A – Designated Positions
3. Exhibit B – Disclosure Categories